Acts and resolutions of the General Assembly of the state of Georgia 1974 [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 19740000 English

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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1974 19740000 Compiled and Published by Authority of The State

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Compiler's Note To speed publication, the Acts and Resolutions of the 1974 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 board classification possible. General Acts and Resolutions were grouped in one volume beginning at page 1 and running through page 1643. The proposed amendments to the Constitution, were grouped together beginning at page 1646 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 charter 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 4010. These were filed in the office of the Secretary of State during 1973 and 1974. Home Rule Actions by Counties filed in the office of Secretary of State during 1973 and 1974 are printed in Volume Two beginning on page 3872. Except for the index contained in Volume I, there are no intervening pages between 1817 and 2000. The index, which is published in full in each volume, covers material included in both volumes. It is in two parts: a board 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. Correction Page 694. Second column reading except subsections (a), (b), (c) and (4) of Section 47A should read except subsections (a), (b), (c) and (h)

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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1974 STATE BAR EXAMINATION REQUIREMENTS CHANGED. No. 756 (House Bill No. 4). An Act to amend Code section 9-103, relating to qualifications and residence requirements of applicants for the State Bar Examination, as amended, so as to provide that students who are enrolled in the last two quarters or the last semester of legal study at nationally accredited law schools shall be eligible to stand the Georgia Bar Examination; to provide that such law students who successfully pass the Georgia Bar Examination shall not be eligible to be certified to practice law until they successfully complete their third year of legal study; 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. Code section 9-103, relating to qualifications and residence requirements of applicants for the State Bar Examination, as amended, is hereby amended by adding at the end thereof a new subsection, to be designated subsection (g), to read as follows: (g) Notwithstanding any other statute or rule of law, students who are enrolled in the last two quarters or the last semester of legal study at nationally accredited law schools shall be eligible to stand the Georgia Bar Examination. Provided, however, such law students who successfully pass the Georgia Bar Examination shall not be eligible to be certified to practice law until they successfully complete their third year of legal study. Code 9-103 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 January 17, 1974. ELECTIONSQUALIFYING REQUIREMENTS CHANGED. Code Title 34 Amended. No. 757 (House Bill No. 227). An Act to amend Code Title 34, relating to elections, as amended, so as to change the method of qualifying to allow a candidate to qualify for a primary by a qualifying petition and to provide the necessary procedures for this method; to decrease the amount of qualifying fee required of candidates; to amend the circulator's affidavit on a petition; 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. Code Title 34, relating to elections, as amended, is hereby amended by inserting the following language immediately before the first sentence in subsection (a) of Code section 34-1005, concerning the qualification of candidates in a primary: A candidate for any party nomination in a primary may qualify by either of the two following methods: (1) payment of a qualifying fee pursuant to the Election Code, or Code 34-1005 amended. (2) presentation to the party of a qualifying petition to be signed by registered voters qualified to vote for the election of such candidate totaling three (3) percent of the total number of votes cast in the last election for the filling of the office sought by the candidate. The minimum number of signatures required shall be one hundred (100) and the maximum number shall be as follows: (i) for any statewide office2,000 signatures; (ii) for U. S. House of Representatives1,500 signatures; (iii) for member of the General Assembly, any militia district, judicial circuit or county office1,000 signatures. If the candidate seeks to qualify for a county or militia district office, the petition shall be presented to the county political party; otherwise, the candidate shall file his petition with the state political party. The party shall count the number of signatures on each petition and shall then transmit each petition to the proper officer at the required time together with its certification of qualified candidates. The Secretary of State or ordinary, as the case may be, shall then proceed to examine and validate each petition received from a party and certify whether or not the proper number of signatures has been secured. Except where the form or procedure must be modified for use in a primary, the provisions for nomination petitions set out in Code sections 34-1010 and 34-1011, as amended, including the

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right to subpoena and to judicial review, shall also apply to these qualifying petitions. The State Election Board shall have sole authority to adopt further rules to assist and guide the officers in examining and validating the petitions, including the authority to adopt emergency rules in the event the Board finds that the election process would be disrupted unless a rule is adopted. Section 2. Said Code Title is further amended by striking from subsection (a) of Code section 34-1013, relating to qualification fees, the words: five percent, wherever the same shall appear, and substituting in lieu thereof the words: three percent, and by striking the words: to be paid by each candidate qualifying for a primary, and substituting in lieu thereof the words: for any candidate qualifying by this method, so that when so amended, subsection (a) shall read as follows: (a) Qualification fees for party and public offices shall be fixed and published as follows: (1) The governing authority of any county, not later than March 1 in any year in which a general primary or election is to be held (except that in the year 1970 such date shall be April 1), and at least twenty days prior to the election in the case of a special election, shall fix and publish a qualifying fee for each county or militia district office to be filled in the upcoming primary or election. Such fee shall be three percent of the annual salary of the office if a salaried office. If not a salaried office, a reasonable fee shall be set by the county governing authority, such fee

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not to exceed three percent of the income derived from such office by the person holding the office for the preceding year, except that the fee for the office of Justice of the Peace shall be $10.00. Code 34-1013 amended. (2) Within the same time limitation, the Secretary of State shall fix and publish a qualifying fee for any candidate qualifying by this method with a state political party and each non-primary candidate filing with the Secretary of State his notice of candidacy for the general or special election. Such fee shall be three percent of the annual salary of the office if a salaried office, except that the fee for members of the General Assembly shall be $400.00. If not a salaried office, a reasonable fee shall be set by the Secretary of State, such fee not to exceed three percent of the income derived from such office by the person holding the office for the preceding year. (3) A reasonable qualifying fee may be set according to party rule for each party office to be filled in a primary. Such fees shall be set and published by the county or state political party not later than March 1 of the year in which the primary is to be held for the filling of such party office (except that in the year 1970 the date shall be April 1). Section 3. Said Code Title is further amended by striking from the fourth sentence of subsection (d) of Code section 34-1010, relating to nomination petitions, as amended, the language: (i) that the affiant is a duly qualified and registered elector of the State entitled to vote in the next election for the filling of the office sought by the candidate supported by the petition, and by appropriately renumbering the remaining subparagraphs (i) through (iv), so that when so amended, the fourth sentence of Code section 34-1010 (d) shall read as follows: Each sheet shall bear on the bottom or back thereof the affidavit of the circulator of such sheet setting forth: (i)

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his residence address, giving municipality with street and number, if any; (ii) that each signer manually signed his own name with full knowledge of the contents of the nomination petition; (iii) that each signature on such sheet was signed within 180 days of the last day on which such petition may be filed; and, (iv) that, to the best of the affiant's knowledge and belief, the signers are registered electors of the State qualified to sign the petition, that their respective residences are correctly stated in the petition, and that they all reside in the county named in the affidavit. Code 34-1010(d) amended. 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 January 29, 1974. AUTOMOBILESMANUFACTURER'S SAFETY WARRANTY ACT AMENDEDDEFINITION CHANGED. No. 761 (Senate Bill No. 439). An Act to amend an Act relating to private passenger automobiles and creating a manufacturer's warranty as to standards of safety concerning the ability to sustain shock, approved April 1, 1971 (Ga. L. 1971, p. 373), so as to change the definition of the term private passenger automobile; 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 private passenger automobiles and creating a manufacturer's warranty as to standards of safety concerning the ability to sustain shock, approved April 1, 1971 (Ga. L. 1971, p. 373), is hereby

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amended by striking section 1 in its entirety and substituting in lieu thereof a new section 1, to read as follows: Section 1. For the purpose of this Act, the term `private passenger automobile' shall mean a four-wheeled motor vehicle designed for carrying ten passengers or less not for hire, for use on public roads and highways, and not designed for use as a dwelling or for camping, except a multi-purpose vehicle, which is, for the purposes of this Act, defined as a motor vehicle with motive power, except a trailer, designed to carry ten passengers or less which is constructed either on a truck chassis or with special features for occasional off-road operation. Private passenger automobile 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 February 6, 1974. NATURAL GASPRIORITY ALLOCATION FOR NITROGEN PRODUCTION URGED. No. 82 (House Resolution No. 473-1369). A Resolution. Relative to the allocation of natural gas to be used in the production of nitrogen; and for other purposes. Whereas, natural gas in an absolutely essential ingredient for the production of nitrogen; and Whereas, through the proper application of fertilizers and the employment of modern agricultural processes and technology, the agricultural industry of this nation has been able, with maximum efficiency and economy, to

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produce an annual harvest which is unmatched in productivity by any other nation in the world; and Whereas, unless sufficient quantities of nitrogen are produced for inclusion within commercial fertilizers, the ability of this country to produce the necessary food requirements of its citizens will be seriously impaired; and Whereas, at the present time, the commercial producers of nitrogen do not enjoy the necessary priority for the assignment of natural gas allocations to enable them to produce the demanded quantities of nitrogen to be included within commercial fertilizers. Now, therefore, be it resolved by the General Assembly of Georgia that this body does hereby urge upon those agencies and administrators charged with the responsibility of establishing priorities for the allocation of energy fuels to allocate to the producers of nitrogen sufficient quantities of natural gas so that the agricultural industry of this nation will be able to maintain its unparalleled record of economy and efficiency in producing the food requirements of this nation. Be it further resolved that the Clerk of the House of Representatives is hereby authorized and instructed to transmit an appropriate copy of this Resolution to the President of the United States; to Honorable William E. Simon, Federal Energy Administrator; to each and every member of the Georgia Congressional Delegation; to the Secretary of Agriculture of the United States and the Deputy Secretary of Agriculture of the United States; to the Southeastern Regional Director of the Federal Energy Administration; to the Georgia Commissioner of Agriculture; to each member of the Georgia Public Service Commission; to the Southern Natural Gas Pipeline Company; and to the Atlanta Gas Light Company. Approved February 13, 1974.

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MOTOR VEHICLESMAXIMUM SPEED LIMIT CHANGED. No. 764 (Senate Bill No. 448). An Act to amend the Uniform Act Regulating Traffic on Highways, approved January 11, 1954 (Ga. L. 1953, Nov.-Dec., p. 556), as amended, so as to provide that the maximum speed limit upon any street or highway in this State shall not exceed 55 miles per hour; 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, is hereby amended by striking paragraphs 2, 3, 4, and 5 of subsection (b) of section 48 and substituting in lieu thereof new paragraphs 2, 3, 4, and 5 of subsection (b) to read as follows: 2. 55 miles per hour maximum. Speed limit. 3. On all highways which comprise a part of the National System of Interstate and Defense Highways and having not less than 4 traffic lanes, and on State Highway No. 316, the minimum speed shall be 40 miles per hour and the maximum speed shall be 55 miles per hour. The provisions of this paragraph shall apply to those highways and roads defined in Article V, Chapter 95A-9, of the Georgia Code of Public Transportation, approved April 18, 1973 (Ga. L. 1973, p. 947). 4. Where the total gross combined weight of trucks or truck-tractors and trailers and load in pounds is less than 10,000 pounds, the maximum speed shall not exceed 55 miles per hour maximum. Where the total gross combined weight of trucks or truck-tractors and trailers and load in pounds is between 10,000 and 16,000 pounds, the maximum speed shall not exceed 50 miles per hour; where the total gross combined weight of trucks or truck-tractors and trailers

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and load exceeds 16,000 pounds, the maximum speed shall not exceed 45 miles per hour. This paragraph shall not apply to busses: Provided, that no school bus while transporting school children shall exceed a speed of 40 miles per hour: Provided, however, that busses owned or operated by a street railroad or other company engaged in the operation of an urban transit system which are used for the transportation of school children may be operated at speeds in excess of 40 miles per hour provided such speeds are within the maximum speed limits of the municipalities in which such busses are operated. 5. On all highways which comprise a part of the National System of Interstate and Defense Highways, and having not less than four traffic lanes and on all other highways having not less than four traffic lanes, the maximum speed for trucks or truck-tractors and trailers, regardless of weight, shall not exceed 55 miles per hour. Provided, that no school bus while transporting school children shall exceed a speed of 40 miles per hour: Provided, however, that busses owned or operated by a street railroad or other company engaged in the operation of an urban transit system which are used for the transportation of school children may be operated at speeds in excess of 40 miles per hour provided such speeds are within the maximum speed limits of the municipalities in which such busses are operated. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. This Act shall be repealed on the date upon which the Governor finds and declares in an Executive Order that the President of the United States of America has declared that there is not a fuel shortage requiring the application of the Emergency Highway Energy Conservation Act or on the date upon which the Governor finds and declares in an Executive Order that the Emergency Highway Energy Conservation Act has ceased to exist as a current statute of the United States of America, whichever shall first occur. Effective date. Repealer.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 18, 1974. OFFICIAL GEORGIA HISTORICAL PLATES DESIGNATED. No. 83 (House Resolution No. 573). A Resolution. Designating an official series of Georgia Historical Plates; and for other purposes. Whereas, in commemoration of the 200th anniversary of the founding of this State by James Edward Oglethorpe, the Transylvania Club of Sandersville commissioned the design and manufacture of a series of twelve historical plates; and Whereas, the designs of this series of historical plates, envisioned and realized by Miss Louise Irwin of Sandersville, depict General Oglethorpe, the Georgia Trustees Receiving Oglethorpe and the Indians in London, Wesley teaching the Indians, Wesleyan College, the University of Georgia, Richmond Academy, Nancy Hart capturing the Tories, the Burning of the Yazoo Act, the Old Capitol at Milledgeville, the Capitol at Atlanta, group portraits of Georgia patriots of the colonial and revolutionary era, and group portraits of Georgia patriots of the Confederate era and thereafter; and Whereas, the manufacture of these beautiful designed plates has been most successfully achieved in both rosepink and blue by the Wedgewood Company; and Whereas, the historical plates of this series have come to be known and revered by all Georgians for their elegance and their creatively beautiful design; and

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Whereas, it is only fitting and proper that a series of historical plates be designated as the official Georgia historical plates, and that Miss Louise Irwin be commended for her poignantly effective work in representing Georgia's history. Now, therefore, be it resolved by the General Assembly of Georgia that this Body hereby designates as the official Georgia Historical Plates that series of historical plates commissioned by the Transylvania Club of Sandersville in commemoration of the 200th anniversary of the founding of Georgia. Be it further resolved that Miss Louise Irwin is commended and congratulated for her beautiful representations of this State's history on the official Georgia historical plates. 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 Miss Louise Irwin, Mrs. Ellamarie Garrett as President of the Transylvania Club of Sandersville, Mrs. Jacqueline Bell as Chairman of the Plate Committee of the Transylvania Club, and Miss Annie Laura Johnson as Chairman of the Trustees of the Sandersville Public Library. Approved February 19, 1974. STATE EMPLOYEESHEALTH INSURANCE FUND INVESTMENT PROVIDED. No. 768 (Senate Bill No. 513). 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, so as to provide for the investment of funds of the Health Insurance Fund; to provide

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for all matters relative thereto; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act relating to a health insurance plan for State employees, approved March 16, 1961 (Ga. L. 1961, p. 147), as amended, is hereby amended by adding a new section between section 10 and 11 to be designated section 10A, to read as follows: Section 10A. Any amounts held by the Health Insurance Fund which are available for investment shall be paid over to the Fiscal Division of the Department of Administrative Services. The Director of the Fiscal Division of said Department of Administrative Services shall deposit said funds in a trust account for credit only to the Health Insurance Fund. Said Director of said Fiscal Division of said Department of Administrative Services shall invest these health insurance funds subject to all the terms, conditions, limitations and restrictions imposed by the laws of the State of Georgia upon domestic life insurance companies in the making and disposing of their investments. All income derived from said investments shall accrue to the Health Insurance Fund. When monies are paid over to the Fiscal Division of the Department of Administrative Services, as provided herein, the Merit System Director shall submit an estimate of the date such funds shall no longer be available for investment. When the Merit System Director wishes to withdraw funds from the trust account provided for herein, he shall submit a request for such withdrawal, in writing, to the Director of the Fiscal Division of the Department of Administrative Services. Trust Account. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 22, 1974.

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HOUSE OF REPRESENTATIVES APPORTIONMENT ACT AMENDED. Code 47-101 Amended. No. 769 (House Bill No. 1302). An Act to amend Code section 47-101, relating to the apportionment of the House of Representatives, as amended, particularly by an Act approved October 14, 1971 (Ga. L. 1971, Sept.-Oct. Ex. Sess., p. 22), and an Act approved March 16, 1972 (Ga. L. 1972, p. 250), so as to change and clarify the composition of certain Representative Districts; 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 47-101, relating to the apportionment of the House of Representatives, as amended, particularly by an Act approved October 14, 1971 (Ga. L. 1971, Sept.-Oct. Ex. Sess., p. 22), and an Act approved March 16, 1972 (Ga. L. 1972, p. 250), is hereby amended by striking the language of said section in its entirety and inserting in lieu thereof new language to read as follows: There shall be 180 members of the House of Representatives and such membership shall be apportioned among the Representative Districts provided for hereinafter. Each such District shall be composed either of a portion of a county, or a county, or counties, or any combination thereof, as provided for hereinafter, and shall be represented by the number of Representatives provided for hereinafter. Code 47-101 amended. District No. 1 2 Representatives Dade North Dade CCD 5 Sand Mountain CCD 10 ED 5

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Walker Beverly Hills CCD 5 Chattanooga Valley CCD 10 Chickamauga CCD 15 Fairyland CCD 20 LaFayetteLinwood CCD 30 LaFayette North CCD 35 Rock Springs CCD 45 Rossville CCD 50 District No. 2 1 Representative Catoosa Boynton Ridge CCD 5 Fort OglethorpeWestside CCD 15 Lakeview CCD 20 Ringgold CCD 25 District No. 3 1 Representative Catoosa Catoosa Springs CCD 10 Murray Whitfield North Central CCD 10 ED 14 North Whitfield CCD 15 Westside CCD 25 ED's 4 and 5 District No. 4 2 Representatives Fannin Gilmer Lumpkin Rabun Towns Union White Cleveland CCD 5 ED's 6 and 7 Helen CCD 10

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

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District No. 9 3 Representatives Forsyth Hall District No. 10 Representative Banks Baldwin CCD 5 Davis Academy CCD 10 Homer CCD 15 Stephens District No. 11 1 Representative Habersham White Cleveland CCD 5 ED's 4, 5 and 8 Mossy Creek CCD 15 District No. 12 1 Representative Banks Maysville CCD 20 Barrow Statham CCD 15 ED 2 Winder CCD 20 ED's 10 and 11 Jackson District No. 13 3 Representatives Elbert Franklin Greene Greshamville CCD 10 Union Point CCD 20 Woodville CCD 30 Hart Madison Oconee Elder CCD 10 Watkinsville CCD 15 Oglethorpe

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District No. 141 Representative Floyd Coosa CCD 22 Rome CCD 40 ED's 17, 18, 19, 20, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 48, 49, 51, 52, 53, 54A, 54B, 55A, 55B, 68, 69, 70, 71A and 71B District No. 151 Representative Floyd Armuchee CCD 10 Berry Hill CCD 15 Riverside CCD 35 Rome CCD 40 ED's 15, 16, 21, 22, 23, 24, 25A, 25B, 26, 27, 28, 29, 30, 47, 50, 67, 73, 74 and 75 Shannon CCD 45 Spring Creek CCD 50 ED 78 District No. 161 Representative Floyd Cave Spring CCD 20 Desoto Park CCD 25 LindaleGaither CCD 30 Rome CCD 40 ED's 31, 32, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66 and 72 Spring Creek CCD 50 ED's 79, 80 and 81 Polk Cedartown North CCD 12 District No. 171 Representative Polk Aragon CCD 5 Cedartown CCD 10 Cedartown South CCD 22 Rockmart CCD 25

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District No. 181 Representative Haralson Paulding Dallas CCD 5 ED 11 Hiram CCD 10 Huntsville CCD 15 ED'S 1 and 3 Yorkville CCD 20 District No. 193 Representatives Cobb AcworthKennesaw CCD 5 Austell CCD 10 Fair Oaks CCD 15 Mableton CCD 20 Tract 313.01 ED 315A Tract 313.03 ED 316 Blocks 101, 102, 103, 104, 314, 315, 316, 317 and 318 Marietta CCD 25 Tracts 302, 303, 306, 307, 308, 309, 310.01 and 310.02 Powder Springs CCD 35 Paulding Dallas CCD 5 ED's 7, 8, 9, 10 and 12 Huntsville CCD 15 ED 2 District No. 203 Representatives Cobb Mableton CCD 20 Tract 313.01 ED's 314A, 314B and 315C Tract 313.02 ED's 322, 323, 324 and 325

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Tract 313.03 ED 316 Blocks 105 through 111 ED's 317, 318A, 318B, 319A, 319B, 320A, 320B and 321 Tract 314 ED 315B Marietta CCD 25 Tracts 304 and 305 Northeast Cobb CCD 30 Smyrna CCD 40 Vinings CCD 45 District No. 21 2 Representatives Cobb Paulding Dallas CCD 5 ED's 7, 8, 9, 10 and 12 Huntsville CCD 15 ED 2 District No. 22 1 Representative Fulton Sandy Springs CCD 50 Tracts 98 and 100 Tract 101.01 Blocks 101, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 120, 121 and 914 Tract 102.01, except Blocks 310, 901 and 902 Tract 102.02 District No. 23 1 Representative Fulton Alpharetta CCD 5 Roswell CCD 45 Sandy Springs CCD 50 Tract 101.01 Blocks 102, 103, 104, 122, 123, 124, 125,

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902, 903, 905, 906, 907, 908, 909, 910, 911, 912 and 913 Tract 101.02 District No. 24 1 Representative Fulton Atlanta CCD 10 Tract 88 Blocks 101, 105, 106, 107, 108, 109, 110, 113, 114, 115, 116, 202, 203, 204, 205, 207, 208 and 209 Tract 89 Blocks 511, 606, 607, 608, 610, 611, 612 and 614 Tract 95 All Blocks numbered in 100's Tract 96 All Blocks numbered in 100's All Blocks numbered in 200's Blocks 301, 302 and 304 All Blocks numbered in 700's All Blocks numbered in 800's Tracts 97, 98, 99, 100, 101.01 and 102.01 Sandy Springs CCD 50 Tract 102.01 Blocks 310, 901 and 902 District No. 25 1 Representative Fulton Atlanta CCD 10 Tracts 4 and 5 Tract 6 Blocks 101, 102 and 103 Tract 11 Blocks 101, 102, 103, 104, 105, 106, 107, 108 and 109 Tract 90 Blocks 101, 102, 103, 104, 306, 307, 308, 309, 310, 311, 312, 313, 314 and 315 Tracts 91 and 93 Tract 95

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All Blocks numbered in 200's All Blocks numbered in 300's All Blocks numbered in 400's Tract 96 Blocks 303, 305, 306, 307, 308, 309 and 310 All Blocks numbered in 400's All Blocks numbered in 500's All Blocks numbered in 600's District No. 26 1 Representative Fulton Atlanta CCD 10 Tracts 1, 2, 14, 15 and 16 Tract 30 Blocks 101, 102, 106, 107, 203, 204, 207, 208, 306, 307, 308, 309, 310 and 311 Tracts 92 and 94 District No. 27 1 Representative Fulton Atlanta CCD 10 Tract 6, except Blocks 101, 102 and 103 Tract 10 Tract 11 Blocks 201, 202, 203, 204, 205, 206, 207, 208, 209 and 210 Tract 12 Tract 13 All Blocks numbered in 100's All Blocks numbered in 200's All Blocks numbered in 300's Blocks 406, 407, 408 and 409 Tract 88 Blocks 102, 103, 104, 117, 118, 119, 120, 201, 210, 211, 212, 213, 214, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 401, 402 and 403 Tract 89 All Blocks numbered in 100's All Blocks numbered in 200's All Blocks numbered in 300's

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All Blocks numbered in 400's All Blocks numbered in 500's, except Block 511 Blocks 601, 602, 603, 604, 605 and 609 Tract 90 Blocks 105, 106, 107, 108, 109, 110 and 111 All Blocks numbered in 200's Blocks 301, 302, 303, 304 and 305 District No. 28 1 Representative Fulton Atlanta CCD 10 Tract 13 Blocks 401, 402, 403, 404, 405 and 410 Tracts 17, 18, 19, 27, 28 and 29 Tract 30 Blocks 210, 211, 212, 213, 301, 302, 303, 304, 305 and 312 Tracts 32, 33, 35, 45 and 50 Tract 53 Blocks 101, 102, 103, 104, 105, 106 and 107 District No. 29 1 Representative Fulton Atlanta CCD 10 Tracts 46, 47, 48 and 49 Tract 53 Blocks 307, 308 and 311 All Blocks numbered in 400's All Blocks numbered in 500's Tracts 55.01 and 56 Tract 55.02, except that portion contained in District No. 37 Tract 63 Blocks 101, 102, 103, 104, 105, 106, 107, 108 and 109 All Blocks numbered in 200's All Blocks numbered in 300's All Blocks numbered in 400's

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District No. 30 1 Representative Fulton Atlanta CCD 10 Tract 30 Blocks 103, 104, 105, 109, 110, 201, 202 and 205 Tracts 31 and 52 Tract 53 Blocks 108, 109, 110 and 111 All Blocks numbered in 200's Blocks 301, 302, 303, 304, 305, 306, 309 and 310 Tract 64 Tract 67 All Blocks numbered in 100's All Blocks numbered in 200's All Blocks numbered in 300's All Blocks numbered in 400's Blocks 501, 502, 503, 504, 506 and 507 Tracts 68 and 69 Tract 70 All Blocks numbered in 100's Blocks 302, 303, 304, 305, 306, 307 and 308 All Blocks numbered in 400's All Blocks numbered in 700's Tract 71 Blocks 101, 102, 103, 104, 105, 106, 107, 108, 109, 111, 204, 205, 206, 207, 209 and 210 District No. 31 1 Representative Fulton Atlanta CCD 10 Tracts 7, 8, 9, 20, 21, 22 and 23 Tract 24 All Blocks numbered in 100's All Blocks numbered in 200's Blocks 301, 302 and 303 Tracts 26 and 36 Tract 84 Blocks 101, 103 and 104 Tract 85 Blocks 101, 104 and 105

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District No. 32 1 Representative Fulton Atlanta CCD 10 Tracts 25, 37 and 38 Tract 41 Blocks 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 201, 202, 203, 204, 206, 207, 208, 209, 210, 301, 302, 303, 304, 305 and 306 All Blocks numbered in 400's Tracts 42, 43 and 44 Tract 57 Tract 58 All Blocks numbered in 100's Blocks 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212 and 213 Tract 59 Tract 62 All Blocks numbered in 100's Tract 63 Blocks 110, 111 and 112 District No. 33 1 Representative Fulton Atlanta CCD 10 Tract 83.01 Tract 83.02 All Blocks numbered in 100's Blocks 201, 202, 203, 303, 304, 305 and 306 All Blocks numbered in 400's Tract 84 Blocks 102, 105, 106, 108 and 109 All Blocks numbered in 200's All Blocks numbered in 300's Blocks 403, 502, 503, 504, 505, 506, 507 and 508 Tract 85 Blocks 102, 106, 107, 108, 109, 110, 111 and 112 All Blocks numbered in 200's All Blocks numbered in 300's All Blocks numbered in 400's All Blocks numbered in 500's Tract 86.01

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Blocks 302, 303, 304, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413 and 414 All Blocks numbered in 500's District No. 34 1 Representative Fulton Atlanta CCD 10 Tract 24 Blocks 304, 305, 306, 307 and 308 All Blocks numbered in 400's All Blocks numbered in 500's Tracts 39 and 40 Tract 41 Blocks 106, 205, 308, 309 and 310 Tracts 60 and 61 Tract 66.02 All Blocks numbered in 200's Tract 80 Blocks 101 and 207 Tract 81.01 Tract 81.02 All Blocks numbered in 100's Tract 83.02 Blocks 205, 206, 207, 301 and 302 Tract 84 Blocks 401, 402, 404, 405, 406, 407 and 501 District No. 35 1 Representative Fulton Atlanta CCD 10 Tract 82.01 All Blocks numbered in 100's Blocks 201, 202, 203, 204, 205, 206, 207, 208, 214, 215, 216, 217, 218 and 219 Tract 82.02 Blocks 901, 902, 903, 904 and 905 Tract 86.01 All Blocks numbered in 100's All Blocks numbered in 200's Blocks 301, 305, 306, 307, 308, 309, 310, 311, 312, 313, 401, 402 and 403

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Tracts 86.02, 87.01 and 87.02 Tract 88, except the following: All Blocks numbered in 100's All Blocks numbered in 200's Blocks 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 401, 402 and 403 District No. 36 1 Representative Fulton Atlanta CCD 10 Tract 58 Blocks 214, 215 and 216 Tract 62 All Blocks numbered in 200's All Blocks numbered in 300's Tracts 65 and 66.01 Tract 66.02 All Blocks numbered in 100's Tracts 74 and 75 Tract 76.01 Blocks 101, 102, 103, 104, 901 and 902 Atlanta CCD 10 and Hapeville CCD 35 Tract 108 District No. 37 1 Representative Fulton Atlanta CCD 10 Tract 55.02 Blocks 204, 205, 213, 214, 215, 218, 219, 220, 221, 225, 226, 227 and 228 Tract 67 Blocks 508, 509 and 510 All Blocks numbered in 600's All Blocks numbered in 700's Tract 70 All Blocks numbered in 200's Block 301 All Blocks numbered in 500's All Blocks numbered in 600's Tract 71 Blocks 110, 112, 113, 201, 202 and 203

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

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All Blocks numbered in 100's All Blocks numbered in 200's Blocks 301, 302, 303, 304, 305, 901 and 906 All Blocks numbered in 400's Tract 77.02 Tract 78.02, except Blocks 103, 104, 105, 914, 915 and 916 District No. 40 1 Representative Fulton College Park CCD 20 Tract 107 East Point CCD 25 Tracts 109, 110, 111, 112.01 and 112.02 Tract 113.01 Blocks 201 and 202 District No. 41 1 Representative Fulton Atlanta CCD 10 and Campbellton CCD 15 Tract 78.01 Blocks 936 and 937 Tract 78.02 Blocks 103, 104, 105, 914 and 915 Campbellton CCD 15 Tract 103 College Park CCD 20 Tract 106.01 Tract 106.02 All Blocks numbered in 100's Blocks 201, 202, 207, 208, 209, 210 and 902 East Point CCD 25 Tract 113.01 All Blocks numbered in 100's Blocks 203, 204, 205, 206, 207, 208 and 209 All Blocks numbered in 300's All Blocks numbered in 400's All Blocks numbered in 500's All Blocks numbered in 600's East Point CCD 25 and FairburnUnion CCD 30 Tract 113.02 FairburnUnion CCD 30

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

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District No. 45 1 Representative DeKalb ChambleeDoraville CCD 20 Tract 211 Tract 212.02, except Block 102 Tract 212.03, except Block 101 Tract 212.04, except Blocks 101, 103, 118, 119, 120, 121, 122 and 901 Tract 214.03 Blocks 101, 102, 103, 104, 105, 106, 112, 113, 114, 115 and 116 District No. 46 1 Representative DeKalb ChambleeDoraville CCD 20 Tract 212.04 Blocks 118, 119, 120, 121, 122, and 901 Tract 214.01, except Block 903 Tract 214.02 Tract 214.03, except Blocks 101, 102, 103, 104, 105, 106, 112, 113, 114, 115 and 116 North Druid Hills CCD 55 Tract 216.03 Blocks 102, 103, 104, 902, 905, 906, 907, 908 and 909 District No. 47 1 Representative DeKalb ChambleeDoraville CCD 20 Tracts 213.02 and 214.04 North Druid Hills CCD 55 Tract 216.01 All Blocks numbered in 100's All Blocks numbered in 200's Tucker CCD 70 Tract 217.02, except all Blocks numbered in 100's, Blocks 913, 914, 915, 916, 917, 918, 919 and 920

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District No. 48 1 Representative DeKalb Clarkston CCD 25 Tract 220 Blocks 409, 410, 411, 412 and 413 Druid HillsNorth Decatur CCD 40 Tract 223.02 North Druid Hills CCD 55 Tract 215 Block 113 Tract 216.01 All Blocks numbered in 300's All Blocks numbered in 400's Tract 216.02 Tract 216.03 Blocks 101, 105 and 901 Scottdale CCD 60 Tract 222 Blocks 101, 102, 103, 104, 105, 106, 107, 108, 109, 110 and 513 Tucker CCD 70 Tract 217.01 All Blocks numbered in 100's All Blocks numbered in 200's All Blocks numbered in 300's All Blocks numbered in 400's Blocks 901, 902 and 903 District No. 49 1 Representative DeKalb Clarkston CCD 25 Tract 220 Blocks 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 115 and 116 Tucker CCD 70 Tract 217.01 Blocks 904, 905 and 906 Tract 217.02 Blocks 101 through 106, 108 through 111, 913, 914, 915, 916, 917, 918, 919 and 920 Tract 218.01

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Tract 218.02 Blocks 101, 102, 103, 104, 105, 206, 207, 208, 209, 210, 211, 212, 213, 901, 910 911, 912, 913, 914, 915 and 916 District No. 50 1 Representative DeKalb Atlanta CCD 5 Tract 201 Tract 202 Blocks 114, 115, 116, 117, 118, 119 and 120 ChambleeDoraville CCD 20 Tract 214.01 Block 903 Druid HillsNorth Decatur CCD 40 Tracts 224.01 and 224.02 Tract 224.03 Blocks 310, 401 402, 403, 404, 405, 406, 407, 408, 410 and 411 North Druid Hills CCD 55 Tract 215, except Block 113 Tract 216.03 Blocks 106, 107, 108, 109 and 904 District No. 51 1 Representative DeKalb Atlanta CCD 5 Tract 202, except that portion contained in District No. 50 Tracts 203 and 204 Decatur CCD 35 Tract 225 Tract 226 Blocks 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 501, 502, 503, 504, 505, 506, 508 and 509 Tract 227 Tract 228 Blocks 101, 102, 103, 104, 105, 106, 107,

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108, 109, 110, 312, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411 and 412 Druid HillsNorth Decatur CCD 40 Tract 224.03, except that portion contained in District No. 50 District No. 521 Representative DeKalb Avondale EstatesBelvedere CCD 10 Tract 229, except that portion contained in District No. 53 Tract 230 Tract 231.02 Blocks 102, 103, 108, 109, 302, 303, 304, 305, 306 and 307 Decatur CCD 35 Tract 226, except that portion contained in District No. 51 Tract 228, except that portion contained in District No. 51 Druid HillsNorth Decatur CCD 40 Tract 223.01 Scottdale CCD 60 Tract 222, except Blocks 101, 102, 103, 104, 105, 106, 107, 108, 109, 110 and 513 District No. 531 Representative DeKalb Atlanta CCD 5 Tract 208 Blocks 101, 102, 103, 208, 209, 210, 211, 212, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 401, 402, 404, 405 and 406 Avondale EstatesBelvedere CCD 10 Tract 229 Blocks 410, 603, 604, 605, 606 and 607 Tract 231.01 Tract 231.02, except that portion contained in District No. 52 Tract 231.03

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Blocks 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 401, 402, 403, 406, 407, 408 and 416 Tract 231.04 Blocks 308, 309, 401, 402, 403, 404, 405, 406 and 409 CandlerGlenwood CCD 15 Tract 235.01 Blocks 206, 207, 208, 209, 210 and 211 Clarkston CCD 25 Tract 220 Blocks 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 401, 402, 403, 404, 405, 406, 407, 408, 906, 907, 909, 910, 925, 926, 927, 928, 929 and 936 Scottdale CCD 60 Tract 221 District No. 541 Representative DeKalb Atlanta CCD 5 Tracts 205, 206 and 207 Tract 208, except that portion contained in District No. 53 CandlerGlenwood CCD 15 Tract 237 Blocks 101, 102 and 103 District No. 551 Representative DeKalb Atlanta CCD 5 Tract 209 CandlerGlenwood CCD 15 Tract 236 All Blocks numbered in 100's All Blocks numbered in 200's All Blocks numbered in 300's Block 405 All Blocks numbered in 600's

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All Blocks numbered in 700's All Blocks numbered in 800's Tract 237, except that portion contained in District No. 54 ConstitutionPanthersville CCD 30 Tract 238.01, except Blocks 301, 304, 308 and 309 Tract 238.02 Block 913 Tract 238.03 Blocks 407, 408 and 409 District No. 56 3 Representatives DeKalb Avondale EstatesBelvedere CCD 10 Tract 231.03, except that portion contained in District No. 53 Tract 231.04, except that portion contained in District No. 53 CandlerGlenwood CCD 15 Tract 235.01, except that portion contained in District No. 53 Tracts 235.02 and 235.03 Tract 236, except that portion contained in District No. 55 ConstitutionPanthersville CCD 30 Tract 234.01 Tract 234.02, except ED 429 Tract 238.01 Blocks 301, 304, 308 and 309 Tract 238.02, except Block 913 Tract 238.03, except Blocks 407, 408 and 409 Lithonia CCD 45 Tract 232, except ED 428 and Blocks 101, 102, 103, 104, 105, 106, 107, 904, 907, 908, 909, 915, 916, 918 and 919. District No. 57 1 Representative DeKalb ConstitutionPanthersville CCD 30 Tract 234.02

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ED 429 Lithonia CCD 45 Tract 233 ED's 420, 421, 422 and 425 Rockdale District No. 58 1 Representative DeKalb Clarkston CCD 20 Tract 220 Blocks 213 through 230, 301, 302, 911 through 920, 923, 924, and 930 through 935 Lithonia CCD 45 Tract 232 ED 427, except Block 903 ED 428 Blocks 101, 102, 103, 104, 105, 106, 107 and 915 Tract 233 ED's 423A, 423B and 424 Stone Mountain CCD 65 Tucker CCD 70 Tract 218.02, except Blocks 101 through 105, 206 through 213, 901, and 910 through 916 District No. 59 1 Representative Gwinnett Lilburn CCD 20 SnellvilleGrayson CCD 30 District No. 60 1 Representative Gwinnett Buford CCD 5 Norcross CCD 25 SuwaneeDuluth CCD 35, except ED 16 District No. 61 1 Representative Barrow Auburn CCD 5 Bethlehem CCD 10

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Gwinnett DaculaRocky Creek CCD 10 Lawrenceville CCD 15 SuwaneeDuluth CCD 35 ED 16 District No. 62 1 Representative Clarke Athens CCD 5 Tracts 1 and 2 Tract 3 ED's 10, 11, 12, 13 and 15 Tracts 6, 7, 8, 9 and 13 District No. 63 1 Representative Clarke Athens CCD 5 Tract 3 ED's 14 and 73 Tracts 4, 5, 10, 11, 12 and 15 Whitehall CCD 15 ED's 69, 70A, 70B and 72 District No. 64 1 Representative Barrow Statham CCD 15 ED's 1 and 3 Winder CCD 20 ED's 4, 5A, 5B, 5C, 5D, 6, 7, 8, 9 and 12 Clarke Middle Oconee CCD 10 Whitehall CCD 15 ED's 68 and 71 Winterville CCD 20 Oconee Bogart CCD 5 District No. 65 1 Representative Douglas Billarp CCD 5

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Douglasville CCD 10 Lithia Springs CCD 20 Winston CCD 25 ED's 23 and 24 District No. 66 2 Representatives Carroll Douglas Fairplay CCD 15 Winston CCD 25 ED 25 Heard Centralhatchee CCD 5 Texas CCD 15 ED 8 District No. 67 1 Representative Coweta McCollum CCD 15 Moreland CCD 20 Newnan CCD 25 Newnan East CCD 26 Newnan West CCD 27 ED 18 Sargent CCD 30 Senoia CCD 35 ED's 24 and 27 District No. 68 1 Representative Coweta Grantville CCD 10 Newnan West CCD 27, except ED 18 Heard Franklin CCD 10 Texas CCD 15 ED 9 Troup Abbottsford CCD 5 Hillcrest CCD 10 Hogansville CCD 15 Mountville CCD 25

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Pleasant Grove CCD 35 ED 45 Tatum CCD 40 West Point CCD 45 District No. 69 1 Representative Troup LaGrange CCD 20 Oak Grove CCD 30 Pleasant Grove CCD 35 ED's 43 and 44 District No. 70 1 Representative Meriwether Talbot District No. 71 1 Representatives Coweta Senoia CCD 35 ED's 22, 23, 25 and 26 Fayette Brooks CCD 5 Fayetteville CCD 10 ED's 1 and 3 Tyrone CCD 15 Spalding District No. 72 4 Representatives Clayton Fayette Fayetteville CCD 10 ED's 2 and 4 District No. 73 1 Representative Butts Worthville CCD 30 Henry District No. 74 1 Representative Newton

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District No. 75 1 Representative Morgan Bostwick CCD 5 ED 2 Rutledge CCD 25 Walton District No. 76 1 Representative Lincoln Taliaferro Warren Wilkes District No. 77 1 Representative Columbia McDuffie Thomson North CCD 13 District No. 78 1 Representative Butts Flovilla CCD 5 Jackson CCD 10 Jackson Rural CCD 15 Jenkinsburg CCD 20 Towaliga CCD 25 Lamar Pike Meansville CCD 10 Williamson CCD 15 Zebulon CCD 20 District No. 79 1 Representative Pike ConcordMolena CCD 5 Upson District No. 80 1 Representative Jasper Hillsboro CCD 10

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Monticello CCD 15 ED's 6 and 9 Jones Monroe District No. 81 1 Representative Bulloch Statesboro CCD 25 Statesboro South CCD 35 ED's 17 and 18 Screven Millhaven CCD 10 Newington CCD 15 Sylvania CCD 25 ED's 4, 5, 6, 7, 8 and 11 District No. 82 1 Representative Bulloch Brooklet CCD 5 NevilsStilson CCD 10 Portal CCD 15 Register CCD 20 Statesboro North CCD 30 Statesboro South CCD 35 ED 19 Burke Girard CCD 5 Greens Cut CCD 10 Sardis CCD 25 Screven Hilltonia CCD 5 Rocky Ford CCD 20 Sylvania CCD 25 ED's 9 and 10 District No. 83 1 Representative Burke Keysville CCD 15 Midville CCD 20 Vidette CCD 30 Waynesboro CCD 35

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Waynesboro East CCD 40 Waynesboro West CCD 45 Jefferson Louisville CCD 5 Stapleton CCD 10 Wadley CCD 15 District No. 84 1 Representative Jefferson Wrens CCD 20 McDuffie Dearing CCD 5 Thomson CCD 10 Thomson South CCD 25 Richmond All that territory contained in the Fort Gordon CCD 17 of Richmond County, except that portion of said CCD which is contained in District No. 90 District No. 85 1 Representative Richmond Augusta CCD 5 Tract 6 ED 53 Blocks 903, 904, 905, 906, 907, 908, 909, 910, 911, 912 and 913 Tract 9 ED's 63, 64, 65, 66 and 67 Tract 14 ED's 76, 77, 78, 79 and 80 Tract 15 South Nellsville CCD 40 Tract 106 ED's 91, 92, 93, 94, 95 and 96 Turpin Place CCD 45 Tract 104 Tract 104 ED's 97, 98 and 99 ED 100 Blocks 313 and 314

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District No. 86 1 Representative Richmond Gracewood CCD 20 Hephzibah CCD 25 Neco CCD 35 Tract 105.02 ED's 128, 129 and 130 ED 131 Blocks 717, 718, 719 and 720 Tract 105.03 District No. 87 1 Representative Richmond Augusta CCD 5 Tract 1 ED 27 Tract 2 ED's 23, 24, 25 and 26 Tracts 3, 4, 7 and 8 Tract 6 ED 53, except Blocks 903 through 913 ED's 54, 55, 56, 57 and 58 Tract 9 ED's 68 and 69 Tract 10 ED's 37, 39, 40 and 41 Tract 14 ED 81 Lakemont CCD 30 Tract 101 ED's 5 and 7 South Nellsville CCD 40 Tract 106 ED 90 District No. 88 1 Representative Richmond August CCD 5 Tract 1 ED's 28, 29, 30 and 31

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Tract 10 ED 38 Tracts 11, 12 and 13 Lakemont CCD 30 Tract 101 ED 8 Turpin Place CCD 45 Tract 104 ED 100, except Blocks 313 and 314 ED's 101, 102 and 103 Tuxedo Park CCD 50 Tract 103 ED's 104, 105, 106, 107, 108 and 110 District No. 89 1 Representative Richmond Augusta CCD 5 Tract 16 Augusta West CCD 6 Tract 102 That portion of ED 16 contained in Westminster Court and Eton Court of Westminster Subdivision ED 18 Neco CCD 35 Tract 105.01 ED's 133, 134, 136, 137, 138A and 138B Tract 105.02 ED's 119, 120, 121, 122, 123, 124, 125A, 125B, 126 and 127 ED 131, except Blocks 717 through 720 ED 132 Tuxedo Park CCD 50 Tract 103 ED 109 District No. 90 1 Representative Richmond Augusta CCD 5 Tract 2 ED 22

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Augusta West CCD 6 Tract 102 ED's 12A, 12B, 13, 14 and 15 ED 16, except that portion contained in District No. 89 ED's 17, 19, 20 and 21 The following portion of Fort Gordon CCD 17: All that territory in Fort Gordon lying east of a line beginning at Gate 1 (McKenna Gate) on Highway 78 and running along Fourth Infantry Division Road to Headquarters Road; thence south along Headquarters Road to Tenth Armored Division Road; thence southeast along Tenth Armored Division Road to Gate 5 on Highway 1 Lakemont CCD 30 Tract 101 ED's 1, 2, 3, 4, 6, 9, 10 and 11 Neco CCD 35 Tract 105.01 ED 135 District No. 91 1 Representative Harris Muscogee Columbus CCD 5 ED's 71A and 71B Columbus North CCD 7 Fort Benning CCD 20 Midland CCD 30 District No. 92 1 Representative Muscogee Columbus CCD 5 Tract 1 ED 92 Tract 22 ED's 80, 82 and 83 Tract 23 ED 85 Tracts 24 and 25

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Tract 27 ED's 102A, 102B, 103, 104 and 105 Tract 28 Tract 29.02 ED 114A Tract 30 ED's 133A, 133B, 134 and 135 District No. 93 1 Representative Muscogee Columbus CCD 5 Tract 27 ED 106 Tract 29.02 ED's 114B, 114C, 114D and 114E Tract 30 ED 136 Tracts 31, 32, 33, 34 and 35 Tract 107.03 ED 117B Tract 109 Columbus South CCD 10 District No. 94 1 Representative Muscogee Columbus CCD 5 Tract 11 Blocks 201, 202, 203, 204, 205, 206, 207, 208 and 209 Tract 20 Tract 22 ED 79 Tract 29.01 Tract 29.02 ED's 113A and 113B Tract 106.01 ED's 71C, 71D, 71E and 71F Tract 106.02 ED 69C Tracts 107.01 and 107.02 Tract 107.03, except ED 117B

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District No. 95 1 Representative Muscogee Columbus CCD 5 Tract 1, except ED 92 Tract 4 ED 141 Tracts 5, 12, 13, 14, 15, 16, 18 and 19 Tract 22 ED 81 Tract 23 ED 84 Tracts 26 and 110 District No. 96 1 Representative Muscogee Columbus CCD 5 Tract 2 Tract 9 ED 27 Tract 10 Tract 11, except Blocks 201, 202, 203, 204, 205, 206, 207, 208 and 209 Tract 21 Tract 104.02 ED's 18, 19 and 20 Tract 105 Tract 106.02, except ED 69C District No. 97 1 Representative Muscogee Columbus CCD 5 Tract 3 Tract 4, except ED 141 Tracts 6, 7 and 8 Tract 9 ED's 28 and 29 Tracts 101, 102, 103 and 104.01 Tract 104.02 ED 17

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District No. 98 1 Representative Crawford Macon Ideal CCD 5 Marshallville CCD 10 Peach Byron CCD 5 ED's 1 and 2 Fort Valley CCD 10 District No. 99 1 Representative Bibb Macon CCD 20 Tract 110, except ED's 43 and 44 Tract 111 ED's 23, 25, 26, 27A, 27B and 28 Tract 117 Tract 120 All Blocks numbered in 100's Blocks 901 and 902 Tract 121 Blocks 101, 102, 120, 121 and 123 Tract 128 ED 135 Tract 130 Blocks 101 through 124, 904, 905, 906, 908, 909 and 910 ED 81 Tract 133 Swift Creek CCD 35 District No. 100 1 Representative Bibb Macon CCD 20 Tract 101 ED 59 Tract 102, except ED 65 Tract 110 ED's 43 and 44 Tracts 118 and 119

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Tract 120 All Blocks numbered in 200's Block 302 ED's 74 and 166 Tract 121 ED 84 Tract 122 Tract 123, except ED's 97 and 98 Tract 124 Tract 132 ED's 151 and 173 District No. 101 1 Representative Bibb Macon CCD 20 Tract 101 ED's 58, 60 and 61 Tract 102 ED 65 Tracts 103 and 104 Tract 105 ED's 111, 112 and 113 Tract 123 ED's 97 and 98 Tract 125 Tract 126 ED's 145, 146 and 147 Tract 127 ED's 131 and 132 District No. 102 1 Representative Bibb Macon CCD 20 Tract 101 ED's 56, 57 and 62 Tract 105 ED's 114, 115, 116 and 117 Tracts 106, 107, 108 and 109 Tract 111 ED 24 Tracts 112, 113, 114, 115 and 116

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District No. 103 1 Representative Bibb Macon CCD 20 Tract 126 ED's 148 and 150 Tract 127 ED's 133 and 134 Tract 128, except ED 135 Tract 129 Tract 130 Blocks 125, 126, 127, 128, 901, 902, 903 and 907 Tract 131 ED 179 Rutland CCD 25 Twiggs District No. 104 1 Representative Bibb Howard CCD 10 Lizella CCD 15 Macon CCD 20 Tract 121 Blocks 103 through 116 ED's 80, 82, 83, 85, 168 and 169 Tract 126 ED 149 Tract 131, except ED 179 Tract 132 ED's 152, 153A, 153B, 154, 174, 175, 176, 177A and 177B Tract 134 District No. 105 1 Representative Glascock Johnson Balls Ferry CCD 10 Kite CCD 15 Wrightsville CCD 20 Washington

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District No. 106 1 Representative Emanuel Adrian CCD 5 Oak Park CCD 10 Summertown CCD 15 Swainsboro CCD 20 Twin City CCD 25 ED's 1, 4, 6 and 7 Jenkins Johnson Adrian CCD 5 District No. 107 1 Representative Bryan Candler Emanuel Twin City CCD 25 ED's, 2, 3 and 5 Evans Tattnall Collins CCD 5 Reidsville CCD 15 ED's 6 and 9 District No. 108 1 Representative Baldwin Coopers CCD 5 Meriwether CCD 10 ED 20 MidwayHardwick CCD 15 ED 16, except that portion contained in District No. 109 ED's 17 and 18 Milledgeville CCD 20 ED's 9, 12, 13 and 14 Wilkinson District No. 109 1 Representative Baldwin Meriwether CCD 10

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ED's 19, 21 and 22 MidwayHardwick CCD 15 ED 15 That portion of ED 16 described as follows: Beginning at a point where Laboratory Drive intersects Georgia Highway 112; thence westerly along Laboratory Drive to a point where Laboratory Drive intersects Garrard Road; thence northerly along Garrard Road to a point where Garrard Road intersects Mobley Road; thence westerly along Mobley Road to a point where Mobley Road intersects Twin Road; thence northeasterly and northerly along Twin Road to a point where Twin Road intersects Broad Street; thence westerly along Broad Street to a point where Broad Street intersects Swint Avenue; thence northerly along Swint Avenue to a point where Swint Avenue intersects the northern boundary of ED 16; thence easterly and southerly along the northern boundary of ED 16 to a point where said boundary intersects Georgia Highway 112; thence southerly along Georgia Highway 112 to the point of beginning. Milledgeville CCD 20 ED's 5 through 8, 10 and 11 Union Point CCD 25 Putnam District No. 110 1 Representative Chattahoochee That portion of Fort Benning CCD 10 described as follows: Beginning at the intersection of Talbot, Marion and Chattahoochee Counties' boundary lines, westward along the Chattahoochee boundary (described by Upatoi Creek) to its intersection with the Chattahoochee River; thence south along a straight line connecting the Chattahoochee River-Upatoi Creek intersection with the intersection of Tenth

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Division Road, Fort Benning, Georgia and Edwards Street; thence southeast along Edwards Street to its intersection with Carpenter Street; thence northeast along Carpenter Street to its intersection with Ingersoll Street; thence southeast along Ingersoll Street to its intersection with Dixie Road; thence east along Dixie Road to its intersection with Collins Loop; thence south on Collins Loop continuing southerly, said road then known as Lumpkin Trail; thence southeast to its intersection with East-West Grid Line 80 on Military Map A.F.P.P. 39; thence along Grid Line 80 east, ten (10) miles to its intersection with Fort Benning Military Reservation boundary line; thence southeast along this line to its intersection with the Marion County-Chattahoochee County line; thence north along the Chattahoochee County line to the beginning point. Marion Taylor District No. 111 1 Representative Chattahoochee Cussetta CCD 5 Fort Benning CCD 10, except that portion contained in District No. 110 Quitman Stewart Sumter Plains CCD 25 ED's 20 and 21 Webster District No. 112 1 Representative Greene Greensboro CCD 5 Siloam CCD 15 White Plains CCD 25

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Hancock Jasper Eudora CCD 5 Monticello CCD 15 ED's 7 and 8 Shady Dale CCD 20 Morgan Bostwick CCD 5 ED's 1 and 3 Buckhead CCD 10 Godfrey CCD 15 Madison CCD 20 District No. 113 1 Representative Houston Warner Robins CCD 15 ED's 10A, 10B, 11, 12, 13, 14, 15, 16, 17, 18, 22, 23, 24A, 25, 34 and 35 Warner Robins Rural CCD 20 ED's 1, 2, 3, 4, 5, 9A and 9B Peach Byron CCD 5 ED 3 District No. 114 1 Representative Houston Warner Robins CCD 15 ED's 19, 20, 21, 24B, 26, 27, 28A, 28B, 29A, 29B, 29C, 30, 31, 32, 33, 36 and 37 Warner Robins Rural CCD 20 ED's 6 and 7 District No. 115 1 Representative Houston Elko CCD 5 Perry CCD 10 Warner Robins Rural CCD 20 ED 8

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Macon Montezuma CCD 15 Oglethorpe CCD 20 Schley District No. 116 1 Representative Sumter Americus CCD 5 Americus Rural CCD 10 Andersonville CCD 15 LeslieDeSoto CCD 20 Plains CCD 25 ED's 19 and 22 District No. 117 1 Representative Bleckley Pulaski Wilcox District No. 118 1 Representative Dodge Laurens Cadwell CCD 10 Cedar Grove CCD 15 Dexter CCD 20 Dudley CCD 35 Rentz CCD 45 Telfair Jacksonville CCD 5 Milan CCD 25 District No. 119 1 Representative Laurens Brewton CCD 5 Dublin CCD 25 Dublin Rural CCD 30 East Dublin CCD 40 District No. 120 1 Representative Montgomery

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Toombs Vidalia CCD 15 ED's 10 through 22 Treutlen Wheeler District No. 121 1 Representative Long Ludowici North CCD 6 Ludowici South CCD 11 ED's 3 and 4 Tattnall Glennville CCD 10 Reidsville CCD 15 ED's 7 and 8 Toombs Central Toombs CCD 3 Lyons CCD 5 Vidalia CCD 15 ED's 9 and 23 District No. 122 1 Representative Chatham Savannah CCD 25 Tracts 3, 3.99, 8, 9, 13, 15 and 18 Tract 19, except Blocks 201, 202, 210, 211 and 215 Tract 24 Blocks 101, 102, 103, 104, 105, 106, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 215, 216, 217, 218, 219, 220, 301, 302, 303, 304, 305, 308, 309, 310, 311, 312, 313, 314, 315, 316, 318, 319, 320 and 321 Tract 25 Tract 26 Blocks 106, 107, 117, 118, 201, 208, 209, 216, 301, 308, 309 and 310 Tract 29 Tract 30

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ED's 150 and 151 Tract 34 ED's 162, 163, 164, 165 and 166 Tract 40 Blocks 414, 417, 419, 420, 421, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 523, 524, 526 and 527 District No. 123 1 Representative Chatham Savannah CCD 25 Tracts 5, 5.99, 10 and 11 Tract 19 Blocks 201, 202, 210, 211 and 215 Tracts 20 and 21 Tract 22 ED's 100, 101 and 102 Tract 26, except that portion contained in District No. 122 Tract 27 Tract 30 ED 149 Tract 37 ED 86 District No. 124 1 Representative Chatham Savannah CCD 25 Tract 22, except that portion contained in District No. 123 Tracts 35.01 and 35.02 Tract 36.01 Blocks 101, 111, 112, 113, 114, 202, 203, 206, 207, 210, 301, 302, 303, 304, 305, 306, 307, 308, 401, 402, 403, 404, 405, 407, 408, 409, 410, 501, 502, 503, 603, 604, 609 and 610 Tract 36.02 Tract 37, except that portion contained in District No. 123

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Tract 39 ED's 182 and 183 Tract 40 ED's 186, 190, 196A and 196B Blocks 110, 111, 112, 113, 114, 406, 407, 408, 409, 410, 411, 412 and 413 District No. 125 1 Representative Chatham Montgomery CCD 10 Savannah CCD 25 Tract 36.01 ED 87 Blocks 103, 104, 105, 106, 107, 108, 109, 110, 504, 505, 506, 507, 508, 601, 602, 605, 606, 607 and 608 Tract 38 Tract 39, except that portion contained in District No. 124 Tract 40 ED's 191, 194 and 195 Savannah BeachWilmington CCD 23 Thunderbolt CCD 35 Tract 36.01 ED 209 Tracts 36.02, 39, 101 and 102 District No. 126 1 Representative Chatham Savannah CCD 25 Tract 40 Blocks 517, 518, 519, 520, 521 and 522 ED 189, except that portion contained in District Nos. 122 and 124 ED's 197, 198 and 199 Tract 43 VernonburgWhite Bluff CCD 40 District No. 127 1 Representative Chatham Garden City CCD 5

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Tract 106.02 ED's 29 and 43B Savannah CCD 25 Tracts 1, 2, 2.99, 6, 7, 12, 17 and 23 Tract 24 Blocks 107, 108, 109, 120, 201, 213, 214, 306, 307 and 317 Tracts 32 and 33 District No. 128 1 Representative Chatham Garden City CCD 5 Tract 105 ED 43A Tract 106.01 Tract 106.02, except that portion contained in District No. 127 Tract 106.99 Port Wentworth CCD 20 Savannah CCD 25 Tracts 1.99 and 28 Tract 34 ED's 167 and 168 Tract 40 Blocks 530, 531, 532, 533, 534, 535, 537, 538, 539 and 540 Tracts 44, 105, 106.02, 107 and 108 West Savannah CCD 45 Tract 45 Tract 105 ED's 42 and 48 District No. 129 1 Representative Chatham PoolerBurroughs CCD 15 West Savannah CCD 45 Tract 105, except that portion contained in District No. 128 Effingham

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District No. 130 1 Representative Calhoun Edison CCD 10 Clay Randolph Terrell District No. 131 1 Representative Baker Calhoun Leary CCD 15 Morgan CCD 20 Dougherty Albany CCD 5 Tracts 4, 5 and 6 Tract 7 All Blocks numbered in 100's Blocks 202 through 206 ED 51A Tract 9 and 10 West Dougherty CCD 20 Tracts 4, 5, 10 and 104 Tract 105 ED 107 District No. 132 1 Representative Dougherty Albany CCD 5 Tract 11 Tract 14, except ED 86 Tract 15, except ED's 79A and 80 Tracts 105 and 106 West Dougherty CCD 20 Tract 11 Tract 105, except ED 107 Tract 106 District No. 133 1 Representative Dougherty Albany CCD 5

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Tract 2, except ED 40 Tract 3 Tract 7 Blocks 207 through 210, 217 through 220, 301 through 305 ED's 49B and 51B Tracts 8, 12 and 13 Tract 14 ED 86 Tract 15 ED's 79A and 80 Tract 102 Blocks 101 through 120 Blocks numbered in 200's ED 45A East Dougherty CCD 15 Tracts 2 and 3 Tract 102 ED's 4, 5 and 6 Tract 107 ED 25 Lee District No. 1341 Representative Dougherty Albany CCD 5 Tract 1 Tract 2 ED 40 Tract 102 ED 45B, except Blocks 101 through 120 and all Blocks numbered in the 200's Tracts 103 and 107 East Dougherty CCD 15 Tracts 1 and 101 Tract 102 ED's 8, 9, 10 and 11 Tract 103 Tract 107, except ED 25 Tracts 108, 109 and 110

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District No. 1351 Representative Crisp Arabi CCD 5 Cordele CCD 10 East Crisp CCD 15 West Crisp CCD 20 ED's 16 and 17 Dooly District No. 136 1 Representative Crisp West Crisp CCD 20 ED's 18 and 19 Turner Except Rebecca CCD 10 Worth District No. 137 1 Representative Ben Hill Coffee Ambrose CCD 5 Irwin Turner Rebecca CCD 10 District No. 138 1 Representative Appling Brantley Waynesville CCD 15 Jeff Davis Pierce Patterson CCD 15 Telfair Lumber City CCD 10 McRaeHelena CCD 15 McRaeHelena Rural CCD 20 Wayne District No. 139 1 Representative Liberty

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Long Ludowici South CCD 11 ED 5 McIntosh District No. 140 1 Representative Calhoun Arlington CCD 5 Early Miller Seminole Donalsonville CCD 5 Steam Mill CCD 15 District No. 141 1 Representative Decatur Grady CalvaryReno CCD 10 ED's 23 and 24 Seminole Iron City CCD 10 District No. 142 1 Representative Grady Cairo CCD 5 CalvaryReno CCD 10 ED's 21 and 22 Duncanville CCD 15 Lime Sink CCD 20 Spence CCD 25 Whigham CCD 50 Thomas Meigs CCD 15 Metcalf CCD 20 ED's 38 and 40 Ochlocknee CCD 25 Thomasvile CCD 35 ED's 17 and 18 Thomasville North CCD 40 ED 36

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District No. 143 1 Representative Thomas Boston CCD 5 Coolidge CCD 10 Metcalf CCD 20 ED 39 PavoBarwick CCD 30 Thomasville CCD 35 ED's 14, 15, 16, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33A, 33B and 34 Thomasville North CCD 40 ED's 35 and 37 District No. 144 1 Representative Colquitt Doerun CCD 10 Funston CCD 15 Mitchell District No. 145 1 Representative Colquitt BerlinEllenton CCD 5 Moultrie CCD 20 Moultrie North CCD 25 Moultrie South CCD 30 Norman Park CCD 35 District No. 146 2 Representatives Berrien Cook Tift District No. 147 1 Representative Brooks Echols Lowndes Clyattville CCD 5 ED's 10, 11, 12 and 13

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Hahira CCD 10 ED 9 Lake Park CCD 15 District No. 148 1 Representative Lowndes Hahira CCD 10 ED's 6 and 7 Pine Grove CCD 25 Valdosta CCD 30 ED's 14, 15, 16, 19, 20, 21, 22, 23, 24, 25 and 32 District No. 149 1 Representative Lanier Lowndes Clyattville CCD 5 ED 9 Naylor CCD 20 Valdosta CCD 30 ED's 17, 18, 26, 27, 28, 29, 30, 31, 33, 34, 35, 36, 37, 38, 39, 40, 41 and 42 District No. 150 1 Representative Atkinson Clinch Ware, except that portion contained in District No. 151 District No. 151 1 Representative Charlton Ware Waycross CCD 30 Waycross South CCD 40 ED 31 That portion of ED 32 lying east of the following described line: Beginning at a point where Georgia Highway No. 177 intersects U. S. Highway No. 1; thence due south along Georgia Highway No. 177 to its point of termination;

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thence due south along a continuation of said Georgia Highway 177 to the Charlton County boundary line. District No. 152 2 Representatives Bacon Brantley Hoboken CCD 5 Nahunta CCD 10 Camden Coffee Broxton CCD 10 Douglas CCD 15 Nichols CCD 20 West Green CCD 25 Pierce Blackshear CCD 5 Bristol CCD 10 District No. 153 1 Representative Glynn Brunswick CCD 5 Dock Junction CCD 10 ED's 16, 21A, 21B and 21C District No. 154 1 Representative Glynn Dock Junction CCD 10 ED's 17, 18, 19, 20, 22, 23 and 24 Everett CCD 15 St. Simons CCD 20 Thalmann CCD 25. A candidate for the House of Representatives in a Representative District having more than one Representative shall designate the Representative Post for which he offers as a candidate. This shall apply to all primaries and elections. Such Posts shall be designated by numbers, beginning with Post Number 1 and ending with the number equaling the total number of Representatives in such District. A member of the House of Representatives must be a resident

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of the District which he represents and at the time of his election must have been a resident of the territory embraced within such District for at least one year immediately preceding such time. Each Representative shall be elected only by the voters of his Representative District. Provided, however, that in order to be qualified for the 1974 general election in any newly created district lying wholly within a county that, for the purposes of the 1972 general election, was not divided into two or more districts, but which county, for the purposes of the 1974 general election, contains two or more districts, a candidate must have lived within the county in which such newly created district lies for at least one year immediately preceding the date of the 1974 general election and must be a resident of the district from which he is elected for the period beginning with the last date for qualifying as a candidate in the primary to nominate candidates for the office of member of the House of Representatives from such district and continuing through the date of the 1974 general election. The first members elected pursuant to the above apportionment provisions shall be those who are elected to take office on the convening date of the regular session of the General Assembly in 1975. Until that time the members of the House of Representatives elected under existing apportionment provisions shall continue to serve and shall represent the Districts from which elected, and until that time the composition of the Districts from which such members were elected shall remain the same. The above apportionment provisions shall be effective, however, for the primaries and elections of 1974 for the purpose of electing the members in 1974 who are to take office in 1975. Successors to those members and future successors shall likewise be elected under the above apportionment provisions. For the purposes of this Section, the designation `CCD' shall mean `Census County Division'; the designation `ED' shall mean `Enumeration District'; and the word `Tract' shall mean `Census Tract'. The terms `Census County Division', `Enumeration District', `Census Tract' and `Block' shall have the same meaning and describe the same geographical boundaries as provided in the Bureau of the Census

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report of the United States Decennial Census of 1970 for the State of Georgia. Any portion of the State of Georgia which is not included in any District described in this Section shall be included within that District contiguous to such portion which contains the least population according to the United States Decennial Census of 1970 for the State of Georgia. 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 February 25, 1974. ELECTIONSABSENTEE VOTING PROVISIONS CHANGED, ETC. Code Chapter 34-14 Amended. No. 770 (House Bill No. 1310). An Act to amend Code Chapter 34-14, relating to absentee voting, as amended, so as to revise and change certain of

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the procedures relating to the process of voting by absentee ballots; to repeal conflicting laws; and for other purposes. Section 1 . Code Chapter 34-14, relating to absentee voting, as amended, is hereby amended by striking in its entirety subsection (a) of Code section 34-1402, relating to the application for the absentee ballot, and substituting in lieu thereof the following: (a) Any absentee elector may, not more than ninety days prior to the date of the primary or election in which the elector desires to vote, make an application either by mail or in person in the registrar's office to the board of registrars of the county of the elector's residence for an official ballot of the elector's district to be voted at such primary or election. In the case of an elector residing temporarily out of the State or out of the country, the application for the elector's absentee ballot may, upon satisfactory proof of relationship, be made by his mother, father, aunt, uncle, sister, brother, spouse, son, daughter, mother-in-law, father-in-law, brother-in-law or sister-in-law of the age of eighteen or over. The application shall be in writing and shall contain sufficient information for proper identification of the elector, the address to which the absentee ballot should be mailed, identity of the primary or election in which the elector wishes to vote, reason for requesting the absentee ballot, name and relationship of person requesting ballot if other than the elector. Relatives applying for absentee ballots for electors must also sign an oath stating that facts in the application are true. If elector is unable to fill out or sign his own application because of illiteracy or physical disability, the elector shall make his mark, and the person filling in the rest of the application shall sign his name below it as a witness. Code 34-1402 amended. Section 2 . Said Chapter is further amended by deleting in its entirety subsection (b) of Code section 34-1402, relating to the application for the absentee balot. Code 34-1402(b) repealed. Section 3 . Said Chapter is further amended by striking in its entirety subsection (c) of Code section 34-1402, relating

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to the application for the absentee ballot, and substituting in lieu thereof the following: (c) Upon receipt of a timely application, a registrar shall enter thereon the date received, and shall determine if the applicant is eligible to vote in the primary or election involved. If found eligible, the registrar shall certify by signing in the proper place on the application and either mail the ballot as hereinafter provided or deliver the ballot to the elector within the confines of the registrar's office or deliver the ballot in person to the elector if he is confined to a hospital. If found ineligible, the board shall deny the application by writing the reason for rejection in the proper space on the application, and shall promptly notify the applicant in writing of the ground of his ineligibility, copy of which should be retained on file in the office of the board of registrars for at least one year. If the registrar is unable to determine the identity of the elector from information given on the application, he should promptly write (using airmail, if necessary) to request additional information. In the case of an unregistered applicant, who is eligible for absentee registration, the board shall forthwith mail a blank registration card as provided by section 34-619 and such applicant, if otherwise qualified, shall be deemed eligible to vote by absentee ballot in such primary or election if the registration card, properly completed, is returned to the board on or before the last day for registering to vote in such primary or election. If the closing date for registration in the primary or election concerned has not passed, the registrar shall also mail a ballot (as soon as it is prepared and available) to the applicant, and the ballot shall be cast therein if returned to the board not later than the close of the polls on the day of the primary or election concerned. Code 34-1402(c) amended. Section 4 . Said Chapter is further amended by striking from subsection (a) of Code section 34-1404, relating to envelopes for absentee ballots, the word affidavit as it appears in the third sentence thereof, and substituting in lieu thereof the word oath, and by deleting therefrom the following:

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together with the form of jurat of the person in whose presence the ballot is marked and before whom the affidavit is made,, and substituting in lieu thereof the following: and the oath for persons assisting electors as defined and prescribed in section 34-1312,, so that when so amended, subsection (a) of said Code section shall read as follows: (a) The superintendent shall provide two additional envelopes for each official absentee ballot of such size and shape as shall be prescribed by the Secretary of State, in order to permit the placing of one within the other and both within the mailing envelope. On the smaller of the two envelopes to be enclosed in the mailing envelope shall be printed the words `Official Absentee Ballot,' and nothing else. On the back of the larger of the two envelopes, to be enclosed within the mailing envelope, shall be printed the form of oath of the elector, and the oath for persons assisting electors as defined and prescribed in section 34-1312, and the penalties ascribed in 34-1925, 34-1926, 34-1932, and 34-1941 for violations of oaths, and on the face of such envelope shall be printed the name and address of the board of registrars. The mailing envelope addressed to the elector shall contain the two envelopes, the official absentee ballot, the uniform instructions for the manner of preparing and returning the ballot, in form and substance as provided by the Secretary of State, and nothing else. Code 34-1404 (a) amended. Section 5. Said Chapter is further amended by striking in its entirety subsection (b) of Code section 34-1404, relating to envelopes for absentee ballots, and substituting in lieu thereof the following: (b) The oaths referred to in subsection (a) shall be in substantially the following form: I, the undersigned, do swear (or affirm) that I am a citizen of the United States and of the State of Georgia; that

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my residence address is..... County, Georgia; that I possess the qualifications of an elector required by the laws of the State of Georgia; that I am entitled to vote in the election district containing my residence in the primary or election in which this ballot is to be cast; that I am eligible to vote by absentee ballot; that I have not marked or mailed any other absentee ballot; nor will I mark or mail another absentee ballot for voting in such primary or election, nor shall I vote therein in person; and that I have read and understand the instructions accompanying this ballot and that I have carefully complied with such instructions in completing this ballot. Code 34-1404 (b) amended. The forms upon which such oaths are printed shall contain the following information:

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Georgia law provides that no person shall assist more than ten (10) electors in any primary or election (34-1312(b)). Georgia law further provides that any person who knowingly falsifies information so as to vote illegally by absentee ballot, or illegally gives or receives assistance in voting as specified in Georgia Code sections 34-1925, 34-1926, or 34-1932, shall be guilty of a misdemeanor. Upon conviction of such misdemeanor, the punishment shall be as prescribed in Georgia Code section 34-1941, which states: `Each person convicted of a crime declared to be a misdemeanor under the provisions of this Code shall be punished by a fine not to exceed One Thousand Dollars ($1,000.00), confinement in the county jail or other place of imprisonment not to exceed six months, to work on the public works in such public works camp or other appropriate institution under the jurisdiction of the State Board of Corrections not to exceed twelve months, any one or more of these punishments in the discretion of the trial judge.' Section 6. Said Chapter is further amended by striking in its entirety subsection (a) of Code section 34-1406, relating to voting by absentee electors, and substituting in lieu thereof the following: (a) At any time after receiving an official absentee ballot, but before the day of the primary or election, the elector shall vote his absentee ballot, then fold the ballot, enclose and securely seal the same in the envelope on which is printed `Official Absentee Ballot'. This envelope shall then be placed in the second one, on which is printed the form of the oath of the elector, the name, relationship, and oath of the person assisting (if any), and other required identifying information. The elector shall then fill out, subscribe and swear to the oath printed on such envelope. Such envelope shall then be securely sealed and the elector shall then mail or personally deliver same to the board of registrars. Code 34-1406(a) amended. Section 7. Said Chapter is further amended by striking in its entirety subsection (b) of Code section 34-1406, relating

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to voting by absentee electors, and substituting in lieu thereof the following: (b) A physically disabled or illiterate elector may receive assistance in preparing his ballot from one of the following; any elector selected by such elector who is qualified to vote in the same county as the disabled elector, or the mother, father, brother, sister, spouse, son, daughter, mother-in-law, father-in-law, brother-in-law or sister-in-law of the elector. If the disabled elector is sojourning outside his own county, a notary public of the jurisdiction may give such assistance, and shall sign the oath printed on the same envelope as the other to be signed by the elector. No person shall assist more than ten (10) such electors in any primary or election. Code 34-1406(b) amended. Section 8. Said Chapter is further amended by deleting in its entirety subsection (c) of Code section 34-1406, relating to voting by absentee electors. Code 34-1406(c) repealed. Section 9. Said Chapter is further amended by inserting after the second sentence of subsection (a) of Code section 34-1407, relating to the keeping and depositing of absentee ballots, the following: The registrar shall then compare the identifying information on the oath with information on file in his office and shall, if the information and signature appear to be valid, so certify by signing his name below the voter's oath. Each elector's name so certified shall be listed by the registrar on the numbered list of absentee voters prepared for his election district. If the elector has failed to sign the oath, or if the signature does not appear to be valid, or if the elector has failed to furnish required information or information so furnished does not comply with that on file in the registrar's office, or if the elector is otherwise found disqualified to vote, the registrar shall write across the face of the envelope `Rejected' giving the reason therefor. The board shall promptly notify the elector of such rejection, copy of which shall be retained in the files of the board of registrars for at least one year. A special set of Numbered List of Voters shall also be prepared for such Rejected

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Absentee Electors, giving the name of the elector and the reason for the rejection in each case. Four copies of the numbered list of certified absentee electors and the numbered list of rejected absentee electors for each election district shall be turned over to the poll manager in charge of counting the absentee ballots, and shall be distributed as required by law for numbered lists of voters., so that when so amended, subsection (a) of said Code section shall read as follows: (a) The board of registrars shall keep safely and unopened all official absentee ballots received from absentee electors prior to the closing of the polls on the day of the primary or election. Upon receipt of each ballot, a registrar shall write the day and hour of the receipt of the ballot on its envelope. The registrar shall then compare the identifying information on the oath with the information on file in his office and shall, if the information and signature appear to be valid, so certify by signing his name below the voter's oath. Each elector's name so certified shall be listed by the registrar on the numbered list of absentee voters prepared for his election district. If the elector has failed to sign the oath, or if the signature does not appear to be valid, or if the elector has failed to furnish required information or information so furnished does not comply with that on file in the registrar's office, or if the elector is otherwise found disqualified to vote, the registrar shall write across the face of the envelope `Rejected' giving the reason therefor. The board shall promptly notify the elector of such rejection, copy of which shall be retained in the files of the board of registrars for at least one year. A special set of Numbered List of Voters shall also be prepared for such Rejected Absentee Electors, giving the name of the elector and the reason for the rejection in each case. Four copies of the numbered list of certified absentee electors and the numbered list of rejected absentee electors for each election district shall be turned over to the poll manager in charge of counting the absentee ballots, and shall be distributed as required by law for numbered lists of voters. All absentee ballots returned to the board after the closing of the polls on the day of primary or election shall be safely kept unopened by the board for the period of time required

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for the preservation of ballots used at the primary or election, and shall then, without being opened, be destroyed in like manner as the used ballots of the primary or election. Code 34-1407(a) amended. Section 10. Said Chapter is further amended by striking in its entirety subsection (b) of Code section 34-1407, relating to the keeping and depositing of absentee ballots, and substituting in lieu thereof the following: (b) After the close of the polls on the day of the primary or election, a registrar shall deliver the official absentee ballot of each certified absentee elector, as well as the copies of the numbered lists of certified and rejected absentee electors, to the managers in charge of the polling place of the election district containing the county courthouse. A manager shall then announce the name of each absentee elector whose ballot has been certified by signature of a registrar, and shall give any person present an opportunity to challenge in like manner and for the same cause as the elector could have been challenged had he presented himself in such district to vote other than by official absentee ballot. The ineligibility of the elector to vote by absentee ballot shall be ground for a challenge; also, the managers shall consider any previously filed challenge of an absentee elector. A manager shall then open the envelope in such manner as not to destroy the oath printed thereon and shall deposit the inner envelope, marked `Official Absentee Ballot' in a ballot box reserved for absentee ballots. The challenge shall also be noted by the elector's name on the numbered list of voters. Code 34-1407(b) amended. Section 11. Said Chapter is further amended by deleting in its entirety subsection (c) of Code section 34-1407, relating to the keeping and depositing of absentee ballots. Code 34-1407(c) repealed. Section 12. Said Chapter is further amended by striking in its entirety Code section 34-1409, relating to the cancellation of absentee ballots for those electors who are present on the primary and election days, and substituting in lieu thereof the following: Section 34-1409. Cancellation of ballots of electors present during primaries and elections.Whenever an elector

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(other than one whose physical disability prevents his attendance at the polls) is present in the election district of his residence during the time the polls are open in any primary or election for which he has requested an absentee ballot, such elector shall have the absentee ballot cancelled in one of the following ways: Code 34-1409 amended. (a) By surrendering his absentee ballot to the poll manager of the election district in which his name appears on the Electors List, and then be permitted to vote the regular ballot. The poll manager shall mark `Cancelled' and the date and time across the face of the absentee ballot and shall initial same. He shall also make appropriate notations beside the name of the elector on the electors list. All such cancelled absentee ballots thall be returned with other ballots to the superintendent. (b) By appearing in person before the registrars and requesting in writing that the envelope containing his absentee ballot be marked `Cancelled'. After having satisfied themselves as to the identity of such elector, the registrars shall grant the request and shall notify the managers of the elector's election district as to such action so as to permit him to vote in person in his election district. If the absentee ballot is in the possession of the registrars, it shall be promptly marked `Cancelled' and the date and time written across the face of the envelope. If the absentee ballot is in the mail or its exact location is unknown, registrar shall write `Cancelled' beside the elector's name on the master list of absentee voters, and shall cancel the ballot itself as soon as it is received. Cancelled absentee ballots shall be disposed of in the same manner as section 34-1407 (a) provides for absentee ballots returned too late to be cast. Section 13. Said Chapter is further amended by striking the last sentence of Code section 34-1411, relating to records and unused ballots and envelopes, and substituting in lieu thereof the following: On the day following the primary or election, the board of registrars shall transmit all cancelled, spoiled, and unused absentee ballots, and copy of requests for cancellation

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of absentee ballots to the clerk of the superior court, to be held with other election materials as provided in 34-1515. The registrars shall also transmit an accounting of all absentee ballots, including the number furnished by the superintendent, the number issued to electors, the number spoiled, and the number unused., so that when so amended, Code section 34-1411 shall read as follows: Section 34-1411. Custody of records; disposition of unused ballots and envelopes. All official absentee ballots, applications for such ballots, and envelopes on which the forms of affidavits and jurats appear, shall be delivered to the clerk of superior court upon the conclusion of the primary or election and safely kept by him for the period required by law and then shall be destroyed. On the day following the primary or election, the board of registrars shall transmit all cancelled, spoiled, and unused absentee ballots, and copy of requests for cancellation of absentee ballots to the clerk of the superior court, to be held with other election materials as provided in 34-1515. The registrars shall also transmit an accounting of all absentee ballots, including the number furnished by the superintendent, the number issued to electors, the number spoiled, and the number unused. Code 34-1411 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 February 25, 1974.

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ELECTIONSMUNICIPALCERTAIN PROVISIONS CONFORMED TO GEORGIA ELECTION CODE. Code Title 34A Amended. No. 771 (House Bill No. 1313). An Act to amend Code Title 34A, relating to municipal elections, as amended, so as to make certain technical and clarifying amendments thereto; to conform certain of the procedures relating to the elective process to the provisions of the Georgia Election Code; 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. Title 34A of the Code, relating to municipal elections, as amended, is hereby amended by striking in its entirety the first paragraph of subsection (b) of Code section 34A-501, relating to the qualifications of electors, and substituting in lieu thereof the following: (b) The governing authority of any municipality may by charter, ordinance or resolution elect either to maintain its own registration, or provide for the city to use the county registration list, stating that any person who is a resident of the municipality and who is registered as an elector with the Board of Registrars of the county shall be eligible to vote in a municipal primary or election. If the municipality elects to maintain its own registration list, the municipality shall use the form of the registration card and the questions to be propounded to an applicant as prescribed in section 34-609 of the Georgia Election Code. The qualifications of a person seeking to vote in a municipal primary or election shall be determined by the provisions of this Code and of the State Constitution. Code 34A-501(b) amended. Section 2. Said Title is further amended by striking in its entirety Code section 34A-503, relating to the qualifications of registrars and deputy registrars, and substituting in lieu thereof the following:

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Section 34A-503. Qualifications of registrars and deputy registrars. Registrars and deputy registrars shall be electors of the municipality in which they are appointed and shall be able to read, write and speak the English language. No person, while serving as a registrar or deputy registrar or within a period of six months after so serving, shall be eligible to any nomination or office to be voted for at a primary or election. Code 34A-503 amended. Section 3. Said Title is further amended by striking in its entirety Code section 34A-505, relating to registration cards, and substituting in lieu thereof the following: Section 34A-505. Registration cards; form; supply; use. The form of municipal registration shall be specified by the governing authority, except that if the governing authority does not elect to use the county registration list, the form of the registration cards must comply with the provisions of section 34-609 of the Georgia Election Code. Code 34A-505 amended. Section 4. Said Title is further amended by inserting between the words other and places, as they appear in the last sentence of subsection (b) of Code section 34A-506, relating to registration procedures and places, the word fixed, so that when so amended, subsection (b) of said Code section shall read as follows: (b) In those municipalities electing to maintain their own registration system, the registrars shall keep the completed registration cards and their other papers in the main office of the municipal registrars which shall be in the city hall or other public building designated by the governing authority. If no such office exists, the registrars shall keep the completed registration cards and their other papers in the office of the city clerk, and such office shall be deemed the main office of the board of registrars. For the purpose of taking applications for registration and for the purpose of registering electors, such number of registrars or deputy registrars as shall be designated by the chief registrar shall be stationed at such main office where the completed registration cards are kept at such times as the office is open during regular office hours. The governing authority in addition

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to the main office, may designate other fixed places in the municipality to be used for the purpose of receiving applications for registration and for the registration of electors. Code 34A-506(b) amended. Section 5. Said Title is further amended by striking from subparagraph (iii) of subsection (a) of Code section 34A-507 the following: Section 34A-517, and substituting in lieu thereof the following: Code 34A-507(a) amended. Section 34A-518. Section 6. Said Title is further amended by deleting from Code section 34A-514, relating to the permanency of registration and reregistration, as it appears in the first sentence thereof, the following: and do not require prior registration with the county as a requirement for municipal registration, so that when so amended, said sentence shall read as follows: Municipalities that elect to maintain their own registration lists shall require the following:. Code 34A-514 amended. Section 7. Said Title is further amended by adding at the end of Code section 34A-517, relating to the certified list of electors, the following: When requested, it shall be the duty of the registrar or the city clerk to furnish a certified copy of such list, or any part thereof, upon payment of a fee sufficient to cover the cost of preparing such list, but in no event shall the fee exceed an amount equal to one cent for the name of each elector appearing thereon. Code 34A-517 amended. Section 8. Said Title is further amended by striking in its entirety subsection (c) of Code section 34A-910, relating

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to nomination petitions, and substituting in lieu thereof the following: (c) A nomination petition shall be on one or more sheets of uniform size and different sheets must be used by signers resident in different counties. The upper portion of each sheet, prior to being signed by any petitioner, shall bear the name and title of the officer with whom the petition will be filed, the name of the candidate to be supported by the petition, his profession, business or occupation, if any, his place of residence with street and number, if any, his political body affiliation, if he is its nominee for the office he is seeking, and the name and date of the election in which the candidate is seeking election. If more than one sheet is used, they shall be bound together when offered for filing if they are intended to constitute one nomination petition, and each sheet shall be numbered consecutively, beginning with number one, at the foot of each page. Each sheet shall bear on the bottom or back thereof the affidavit of the circulator of such sheet, setting forth: (i) his residence address, giving municipality with street and number, if any; (ii) that each signer manually signed his own name with full knowledge of the contents of the nomination petition; (iii) that each signature of such sheet was signed within one hundred and eighty (180) days of the last day on which such petition may be filed; and (iv) that, to the best of affiant's knowledge and belief, the signers are registered electors of the municipality qualified to sign the petition, that their respective residences are correctly stated in the petition, and that they all reside in the municipality named in the affidavit. Code 34A-910(e) amended. Section 9. Said Title is further amended by adding between the words party and column, as they appear in subsection (e) of Code section 34A-1004, relating to the election ballot, the following: or political body, so that when so amended, subsection (e) of said Code section shall read as follows:

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(e) The name of a candidate shall not be listed on the ballot under the name of a political party or political body column unless the candidate has accompanied his notice of candidacy by the certificate of nomination required by subsection (b) of Code section 34A-901. Code 34A-1004(e) amended. Section 10. Said Title is further amended by striking from Code section 34A-1006, relating to the form of ballots, the following: Section 34A-1006. Form of ballots; stubs; numbers., and substituting in lieu thereof the following: Section 34A-1006. Form of ballots and absentee ballots; stubs; numbers.(a). Code 34A-1006 amended. Section 11. Said Title is further amended by adding at the end of Code section 34A-1006, relating to the form of ballots, a new subsection (b), to read as follows: (b) The form for the absentee ballot shall be in substantially the same form as the official ballots used in the election districts, except it shall be printed with only the name stub and without a number strip. Code 34A-1006(f) amended. Section 12. Said Title is further amended by striking from subsection (g) of Code section 34A-1108, relating to the form of ballot labels for voting machines, the following: Section 34-1003 and Section 34A-1003, respectively, Code 34A-1108(g) amended. and substituting in lieu thereof the following: Section 34A-1004 and Section 34A-1004, respectively. Section 13. Said Title is further amended by striking from subsection (h) of Code section 34A-1108, relating to the form of ballot labels for voting machines, the following: Code 34A-1108(h) amended. Section 34A-1003,

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and substituting in lieu thereof the following: Section 34A-1004. Section 14. Said Title is further amended by inserting between the second and third sentences of subsection (b) of Code section 34A-1109, relating to preparation of voting machines the duties of custodians, the following sentence: such compensation as shall be fixed by the governing authority of the municipality, and by adding at the end thereof the following: Each custodian and deputy custodian shall serve at the pleasure of the governing authority., so that when so amended, subsection (b) shall read as follows: (b) The governing authority shall appoint one custodian of voting machines, and such deputy custodians as may be necessary, whose duty it shall be to prepare the machines to be used in the municipality at the primaries and elections to be held therein. Each custodian and deputy custodian shall receive from the municipality such compensation as shall be fixed by the governing authority of the municipality. Such custodian shall, under the direction of the municipal superintendent, have charge of and represent the municipal superintendent during the preparation of the voting machines as required by this Code. Each custodian shall take an oath of office framed by the governing authority which shall be filed with the city clerk. Each custodian and deputy custodian shall serve at the pleasure of the governing authority. Code 34A-1109(b) amended. Section 15. Said Title is further amended by inserting between the first and second sentences of Code section 34A-1124, relating to write-in ballots, the following: No write-in votes may be cast in a primary, runoff primary or runoff election.,

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so that when so amended, said Code section shall read as follows: Section 34A-1124. Write-in ballots. In elections, electors shall be permitted to cast write-in votes. No write-in votes may be cast in a primary, runoff primary or runoff election. The design of the ballot card shall permit the managers in counting the write-in votes to readily determine whether an elector has cast any write-in votes not authorized by law. The Secretary of State in specifying the form of the ballot, and the State Election Board in promulgating rules and regulations respecting the conduct of elections, shall provide for ballot secrecy in connection with write-in votes. Code 34A-1124 amended. Section 16. Said Title is further amended by striking in its entirety subsection (b) of Code section 34A-1125 and substituting in lieu thereof the following: (b) The governing authority shall appoint one custodian of vote recorders, and such deputy custodians as may be necessary, whose duty it shall be to prepare the vote recorders to be used in the municipality at the primaries and elections to be held therein. Each custodian and deputy custodian shall receive from the municipality such compensation as shall be fixed by the governing authority. Such custodian shall, under the direction of the municipal superintendent, have charge of and represent the superintendent during the preparation of the vote recorders as required by this Code. Each custodian shall take an oath of office framed by the governing authority, which shall be filed with the city clerk. No write-in votes may be cast in a primary, runoff primary or runoff election. Code 34A-1125(b) amended. Section 17. Said Title is further amended by striking in its entirety subsection (b) of Code section 34A-1202, relating to voter's certificates, and substituting in lieu thereof the following: (b) The voter's certificates shall be so prepared as to be capable of being inserted by the poll officers in a suitable binder. The binder shall have written thereon the words `Voter's Certificates' and shall have a space for filling in

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the designation of the election district and the date of the primary or election. Code 34A-1202(b) amended. Section 18. Said Title is further amended by striking the fourth sentence of subsection (b) of Code section 34A-1203, relating to the delivery of ballots and supplies, and substituting in lieu thereof the following: Such list of electors shall be authenticated by the signature of the chief registrar and at least one other registrar if more than one registrar has been appointed by the governing authority., so that when so amended, subsection (b) shall read as follows: (b) The registrars shall, prior to the hour appointed for opening the polls, place in the possession of the managers in each election district one copy of the certified electors list for such district, such list to contain all the information required by law. The list shall indicate the name of any elector who has been mailed or delivered an absentee ballot. The list for a given election district may be divided into as many alphabetical sections as is deemed necessary. Such list of electors shall be authenticated by the signature of the chief registrar and at least one other registrar if more than one registrar has been appointed by the governing authority. In a primary, where the parties do not agree to have only one set of managers for an election district, the electors list shall be delivered to the chief manager of the political party which polled the highest number of votes in the election district in the immediately preceding election of the presiding officer of the governing authority. The managers of the respective districts shall, on delivery to them of such electors lists, return receipts therefor to the registrars, who shall keep a record of the time when and the manner in which the electors lists are delivered. The registrars may, in their discretion, require the managers of the respective districts to call at their office to obtain such lists. Code 34A-1203(b) amended. Section 19. Said Title is further amended by inserting

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following Code section 34A-1206 a new Code section, to be numbered 34A-1206.1, to read as follows: Section 34A-1206.1. Unlawful campaign practices. (a) No person shall distribute, circulate, disseminate, or publish or cause to be distributed, circulated, disseminated or published any literature in connection with any political campaign for any public office or question, unless such literature shall bear the name and address of the person or organization distributing, circulating, disseminating, publishing or causing the same to be distributed, circulated, disseminated, or published. To be in compliance herewith when an organization rather than a natural person commits any of the above acts, then the names and addresses of at least three of the highest officials thereof shall also appear thereon. Campaign literature published and disseminated by the candidate himself, bearing his name and the office for which he is a candidate shall be considered as in compliance herewith. Code 34A-1206.1 enacted. (b) No person shall use the name or any colorable imitation of the name of an existing person or organization for the purposes of endorsing, circulating or publishing campaign material without the authorization of such person or organization. For the purposes of this Section, the term `any colorable imitation' shall mean any name purposefully used with the intention of the user that a person reading such name will be misled into believing that such campaign material is being endorsed, circulated or published by a person or organization other than the true endorser, circulator or publisher. Section 20. Said Title is further amended by inserting after the word poll officer, as it appears in subsection (b) of Code section 34A-1211, relating to assistance to voters, the following: or poll watcher, so that when so amended, subsection (b) of said Code section shall read as follows:

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(b) Any elector who is entitled to receive assistance in voting under the provisions of this Section shall be permitted by the managers to select (i) any elector, except a poll officer or poll watcher, who is a resident of the election district in which the elector requiring assistance is attempting to vote; or (ii) the mother, father, sister, brother, spouse or child of the elector entitled to receive assistance, to enter the voting compartment or booth with him to assist him in voting, such assistance to be rendered inside the voting compartment or booth. No person shall assist more than ten (10) such electors in any primary or election. Code 34A-1211 (b) amended. Section 21. Said Title is further amended by striking from the last sentence of subparagraph (3) of Code section 34A-1213.1, relating to provisions governing counting of votes cast on paper ballots, the following: candidates for the offices of presidential electors and, so that when so amended, subparagraph (3) of said Code section shall read as follows: (3) He may vote a `modified straight party ticket' by casting in combination a straight party vote, in the manner provided in subparagraph (2), and a vote or votes for individual candidates, in the manner provided in subparagraph (1), which shall constitute a valid vote for every candidate of the political party or body designated, except those offices as to which he has indicated a choice for individuals other than the straight party nominees, which choice shall be valid only as votes for such individuals so designated. Code 34A-1213.1 amended. Section 22. Said Title is further amended by inserting following Code section 34A-1217 a new Code Section, to be numbered 34A-1217.1, and to read as follows: Section 34A-1217.1. Voter's Certificate Binder. After each elector has been admitted to vote, his voter's certificate shall be inserted in the binder provided therefor known as the `Voter's Certificate Binder,' and such voter's certificates so bound shall constitute the official list of electors voting at such primary or election. All voter's certificates prepared by persons applying to vote whose applications to vote are

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refused by the poll officers shall be separately preserved and returned to the superintendent with the other papers. Code 34A-1217.1 enacted. Section 23. Said Title is further amended by striking the second sentence of Code section 34A-1220, relating to the management of ballots, and substituting in lieu thereof the following: No ballot shall be taken or removed from inside the polling place on the day of the primary or election for the purpose of voting said ballot., so that when so amended, said Code Section shall read as follows: Section 34A-1220. Ballots to be issued by poll officers only; ballots not to be removed; official ballots only to be deposited or counted. No official ballot shall be taken or detached from its stub in any book of ballots, except by a poll officer when a person desiring to vote has been found to be an elector entitled to vote. No ballot shall be taken or removed from inside the polling place on the day of the primary or election for the purpose of voting said ballot. Only official ballots shall be deposited in the ballot box and counted, except as herein otherwise provided. If any ballot appears to have been obtained otherwise than from the superintendent as provided by this Chapter, the same shall not be counted, and the chief manager shall transmit such ballot to the district attorney without delay, together with whatever information he may have regarding the same. Code 34A-1220 amended. Section 24. Said Title is further amended by inserting following Code section 34A-1223 a new Code section, to be numbered 34A-1223.1, and to read as follows: Section 34A-1223.1. Ballot decisions to be made by assistant managers; duty of chief manager. Decisions concerning questionable marks on ballots or defacing or mutilation of ballots, and the count to be recorded thereon, shall be made by the assistant managers, and if they shall disagree, the chief manager shall make the decision. Code 34A-1223.1 enacted.

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Section 25. Said Title is further amended by inserting following Code section 34A-1226 a new Code section, to be numbered 34A-1226.1, and to read as follows: Section 34A-1226.1. Voter's Certificate Binder. After each elector has been admitted to vote, his voter's certificate shall be inserted in the binder provided therefor, and known as the `Voter's Certificate Binder' and such voter's certificates so bound shall constitute the official list of electors voting at such primary or election. All voter's certificates prepared by persons applying to vote whose applications to vote are refused by the poll officers shall be separately preserved and returned to the superintendent with the other papers. Code 34A-1226.1 enacted. Section 26. Said Title is further amended by striking the first sentence of subsection (e) of Code section 34A-1227, relating to write-in ballots, and substituting in lieu thereof the following: An elector may, at any election, vote for any person for any office, for which office his name does not appear upon the voting machine as a candidate by manually writing in the name of such person, together with the title of the office involved, in or upon the appropriate receptacle or device provided in or on the machine for that purpose. The use of a sticker or poster is prohibited., so that when so amended, subsection (e) of said Code section shall read as follows: An elector may, at any election, vote for any person for any office, for which office his name does not appear upon the voting machine as a candidate by manually writing in the name of such person, together with the title of the office involved, in or upon the appropriate receptacle or device provided in or on the machine for that purpose. The use of a sticker or poster is prohibited. Where two or more persons are to be elected to the same office, and the name of each candidate is placed upon or adjacent to a separate key, handle, pointer or knob, and the voting machine requires that all write-in ballots voted for that office be deposited,

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written or affixed in or upon a single receptacle or device, an elector may vote in or by such receptacle or device for one or more persons whose names do not appear upon the machine, with or without the name of one or more persons whose names do so appear. With these exceptions, no writein ballot shall be cast on a voting machine for any person for any office, whose name appears on the machine as a candidate for that office, and any ballot so cast shall be void and not counted. No elector shall be permitted to cast a write-in ballot in a primary. Code 34A-1227(e) amended. Section 27. Said Title is further amended by adding at the end of subsection (b) of Code section 34A-1407, relating to runoff elections and primaries, the following: No write-in votes may be cast in a primary, runoff primary, or runoff election. If the candidate receiving the highest number of votes withdraws, the remaining candidates receiving the two highest number of votes shall be the candidates in the runoff. If the candidate receiving the second highest number of votes withdraws, no runoff shall be held and the candidate receiving the highest number of votes shall be nominated or elected as the case may be. If any candidate eligible to be in a runoff dies, or one of the two candidates originally receiving the highest number of votes is found to be ineligible, the remaining candidates receiving the two highest number of votes shall be the candidates in such runoff. The candidate receiving the highest number of the votes cast in such runoff primary or election to fill the nomination or public office he seeks shall be declared the winner. The name of a write-in candidate eligible for election in a runoff shall be printed on the runoff election ballot in the independent column. Code 34A-1407 (b) amended. Section 28. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 25, 1974.

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ELECTIONSRESIDENCE REQUIREMENTS FOR ELECTORS CHANGED, ETC. Code Chapter 34-6 Amended. No. 772 (House Bill No. 1335). An Act to amend Code Chapter 34-6, relating to the registration of electors, as amended, so as to change the residence requirements for electors; to change the requirement for purging the electors list; to change the oath of the elector; 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. Code Chapter 34-6, relating to the registration of electors, as amended, is hereby amended by striking from the first paragraph of Code section 34-602, relating to elector's qualifications, the following: at least one year next preceding the date of such primary or election, at least six months next preceding the date of such primary or election,, and or residence or both,, and by inserting between the words of and such, as they appear in the second sentence thereof, the following: all of, so that when so amended, the first paragraph of Code section 34-602 shall read as follows: No persons shall vote in any primary or election held in this State unless he shall be: (a) registered as an elector in the manner prescribed by law; (b) a citizen of this State and of the United States; (c) at least eighteen years of age; (d) a resident of this State and of the county in which he seeks to vote; and (e) possessed of all other qualifications prescribed by law. Any person who possesses the qualifications of an elector except those concerning age shall be permitted

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to register to vote if such person will acquire such qualifications within six months after the day of registration, provided, however, that such person shall not be permitted to vote in a primary or election until the acquisition of all of such qualifications. Notwithstanding any other provision of this Chapter, any person who was qualified and registered to vote at the time of the adoption of this Code shall not be required to reregister under the terms of this Chapter unless such person shall have become or becomes disqualified to vote, by reason of having been purged from the list of electors or for any other reason whatsoever, in which event, such person shall, in order to become registered to vote, reregister under the terms of this Chapter. Code 34-602 amended. Section 2. Said Chapter is further amended by striking from subsection (a) of Code section 34-609, relating to the form of registration card, the following: I do swear (or affirm) that I am a citizen of the United States and of the State of Georgia; that I am at least eighteen years of age, or will be on the..... day of....., 19.....; that I have resided in this State for at least one year, and in this county for at least six months, immediately preceding the date of this oath, or will have so resided on the..... day of....., 19.....;, and substituting in lieu thereof the following: I do swear (or affirm) that I am a citizen of the United States, the State of Georgia and this county; that I am at least eighteen years of age, or will be on the..... day of....., 19.....;. Code 34-609 amended. Section 3. Said Chapter is further amended by striking from subsection (b) of Code section 34-609, relating to the form of registration card, the following: I do swear (or affirm) that I am a citizen of the United States and of the State of Georgia; that I am at least eighteen years of age, or will be on the..... day of....., 19.....; that I have resided in this State for at least one year, and in the County of..... for at least six months, immediately preceding the date of this application,

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or will have so resided on the..... day of....., 19.....;, and substituting in lieu thereof the following: I do swear (or affirm) that I am a citizen of the United States, the State of Georgia and this county; that I am at least eighteen years of age, or will be on the..... day of....., 19.....;. Code 34-609 amended. Section 4. Said Chapter is further amended by striking from subsection (a) of Code section 34-620, relating to the revision of registration records, the following: general primary or general election, and substituting in lieu thereof the following: general or special election or primary, and by inserting after the word section in the first sentence thereof the following: or in a municipal general or special election or primary if the county is furnishing the electors list to a municipality, so that when so amended, subsection (a) of said Code section shall read as follows: (a) The electors who have qualified shall not thereafter be required to register or further qualify, except as provided by law. No person shall remain a qualified voter who does not vote in at least one general or special election or primary, as provided in this Section, or in a municipal general or special election or primary if the county is furnishing the electors list to a municipality within a threeyear period unless he shall specifically request continuation of his registration in the manner hereinafter provided. Code 34-620 amended. Section 5. Said Chapter is further amended by striking from the second sentence of subsection (b) of Code section 34-620, relating to the revision of registration records, the following:

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any general primary or general election, and substituting in lieu thereof the following: at least one general or special election or primary, or municipal general or special election or primary if the county is furnishing the electors list to a municipality, so that when so amended, the first two sentences of subsection (b) of said Code shall read as follows: Within sixty days after the first day of January, beginning in the year 1965, and biennially thereafter, the registrars shall revise and correct the registration records in the following manner. They shall examine the registration cards and shall suspend the registration of all electors who have not voted in at least one general or special election or primary, or municipal general or special election or primary if the county is furnishing the electors list to a municipality, within the three years immediately preceding such first day of January. Code 34-620 amended. Section 6. Said Chapter is further amended by striking from subsection (a) of Code section 34-631, relating to the change of residency of the elector, the following: I do swear (or affirm) that I have resided in this County for at least six months, immediately preceding the date of this oath, or will have so resided on the..... day of....., 19.....; that I am not registered as an elector in any other county, except the County of.....; and that I have not become disqualified to vote since I registered in..... County., and substituting in lieu thereof the following: I do swear (or affirm) that I am now a resident of this county and except for change of residence from..... County, I have not become disqualified to vote. Code 34-631 amended. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 25, 1974.

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ELECTIONSMUNICIPALVOTER ELIGIBILITY PROVISIONS CHANGED, ETC. Code Title 34A Amended. No. 733 (House Bill No. 1336) An Act to amend Code Title 34A, relating to municipal elections, as amended, so as to change certain of the provisions thereof relative to voter eligibility; to provide additional procedures for the processing of defective ballot cards; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Title 34A, relating to municipal elections, as amended, is hereby amended by striking in its entirety subsection (a) of Code section 34A-501, relating to elector's qualifications, and substituting in lieu thereof the following: (a) No person shall vote in any primary or election unless he shall be: (i) registered as an elector in the manner prescribed by law; (ii) a citizen of this State and of the United States; (iii) at least eighteen years of age; (iv) a resident of the municipality in which he seeks to vote, notwithstanding any provision of any municipal charter to the contrary; and (v) possessed of all other qualifications prescribed by law. Any person who possesses the qualifications of an elector except those concerning age shall be permitted to register to vote if such person will acquire such qualifications within six months after the day of registration, provided, however, that such person shall not be permitted to vote in a primary or election until the acquisition of such qualifications. Notwithstanding any other provision of this Chapter, any person who was qualified and registered to vote at the time of the adoption of this Code shall not be required to re-register under the terms of this Chapter unless such person shall have become or becomes disqualified to vote by reason of having been purged from the list of electors or for any other reason whatsoever, in which event, such person shall, in

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order to become registered to vote, re-register under the terms of this Chapter. Code 34A-501 amended. Section 2. Said Title is further amended by striking in its entirety subparagraph (iii) of subsection (a) of Code section 34A-1235, relating to the procedures for ballot cards at the tabulation center, 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, when shall be verified in the presence of a witness. All duplicate cards, including those prepared pursuant to subsection (h) of Code Section 34A-1233, 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 34A-1233(h). Code 34A-1235 amended. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 25, 1974.

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EMPLOYMENT SECURITY LAW AMENDEDMAXIMUM BENEFITS INCREASED, ETC. No. 774 (House Bill No. 1355). An Act to amend an Act approved March 29, 1937, known as the `Unemployment Compensation Law (Ga. Laws 1937, pp. 806, et seq.), as amended, (now Employment Security Law), so as to increase maximum benefit amounts; to prevent a tax increase; to delete a requalifying provision applicable to pregnancy separations; to provide for the availability of transcripts and other documents; 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 adding to paragraph (1) of subsection (b) of section 3 immediately following the Benefit Table effective January 1, 1974, and prior to the last paragraph contained in said paragraph (1), the following: Provided, further, there shall be added to the foregoing Benefit Table, as amended, to be effective July 1, 1974, five (5) additional steps effective with benefit years beginning July 1, 1974, increasing the weekly benefit amount to a maximum of seventy dollars ($70.00), with the Benefit Table remaining the same except for the last step and five additional steps which shall then read: COLUMN A COLUMN B COLUMN C $1,600.00-1,624.99 $65 $2,340 1,625.00-1,649.99 66 2,376 1,650.00-1,674.99 67 2,412 1,675.00-1,699.99 68 2,448 1,700.00-1,724.99 69 2,484 1,725.00 and over 70 2,520, so that when so amended, paragraph (1) of subsection (b) of section 3 shall read as follows:

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(1) Amount. An individual's `weekly benefit amount' shall be the amount appearing in Column B in the table of this Section on the same horizontal line on which appears in Column A of said table the total insured wages paid such individual in that quarter of his base period in which such total wages were highest, provided insured wages were paid such individual during two or more quarters of his base period and the total of such wages equals or exceeds the amount shown in Column C of the table on the same line. COLUMN A COLUMN B COLUMN C Wages Paid in Highest Quarter of Base Period Weekly Benefit Amount Qualifying Wages in Base Period $ 175.00- 299.99 $12 $ 432 300.00- 324.99 13 468 325.00- 349.99 14 504 350.00- 374.99 15 540 375.00- 399.99 16 576 400.00- 424.99 17 612 425.00- 449.99 18 648 450.00- 474.99 19 684 475.00- 499.99 20 720 500.00- 524.99 21 756 525.00- 549.99 22 792 550.00- 574.99 23 828 575.00- 599.99 24 864 600.00- 624.99 25 900 625.00- 649.99 26 936 650.00- 674.99 27 972 675.00- 699.99 28 1,008 700.00- 724.99 29 1,044 725.00- 749.99 30 1,080 750.00- 774.99 31 1,116 775.00- 799.99 32 1,152 800.00- 824.99 33 1,188 825.00- 849.99 34 1,224 850.00- 874.99 35 1,260 875.00- 899.99 36 1,296 900.00- 924.99 37 1,332 925.00- 949.99 38 1,368 950.00- 974.99 39 1,404 975.00- 999.99 40 1,440 1,000.00- 1,024.99 41 1,476 1,025.00- 1,049.99 42 1,512 1,050.00- 1,074.99 43 1,548 1,075.00- 1,099.99 44 1,584 1,100.00- 1,124.99 45 1,620 1,125.00- 1,149.99 46 1,656 1,150.00- 1,174.99 47 1,692 1,175.00- 1,199.99 48 1,728 1,200.00- 1,224.99 49 1,764 1,225.00- 1,249.99 50 1,800 1,250.00- 1,274.99 51 1,836 1,275.00- 1,299.99 52 1,872 1,300.00- 1,324.99 53 1,908 1,325.00- 1,349.99 54 1,944 1,350.00 and over 55 1,980

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Provided: that the one benefit amount of $50.00 is effective January 1, 1971, through June 30, 1972, as the maximum amount; that the benefit amounts from $51.00 through $55.00 are to be effective on July 1, 1972, with benefit years beginning July 1, 1972. Provided, further, there shall be added to the foregoing Benefit Table, as amended, to be effective January 1, 1973, five (5) additional steps effective with benefit years beginning January 1, 1973, increasing the weekly benefit amount to a maximum of sixty dollars ($60.00), with the Benefit Table remaining the same except for the last step and the five additional steps which shall then read: COLUMN A COLUMN B COLUMN C $1,350.00- 1,374.99 $55 $1,980 1,375.00- 1,399.99 56 2,016 1,400.00- 1,424.99 57 2,052 1,425.00- 1,449.99 58 2,088 1,450.00- 1,474.99 59 2,124 1,475.00.00 and over 60 2,160 Provided, further, there shall be added to the foregoing Benefit Table, as amended, to be effective January 1, 1974, five (5) additional steps effective with benefit years beginning

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January 1, 1974, increasing the weekly benefit amount to a maximum of sixty-five dollars ($65.00), with the Benefit Table remaining the same except for the last step and the five additional steps which shall then read: COLUMN A COLUMN B COLUMN C $1,475.00 - 1,499.99 $60 $2,160 1,500.00 - 1,524.99 61 2,196 1,525.00 - 1,549.99 62 2,232 1,550.00 - 1,574.99 63 2,268 1,575.00 - 1,599.99 64 2,304 1,600.00 and over 65 2,340 Provided, further, there shall be added to the foregoing Benefit Table, as amended, to be effective July 1, 1974, five (5) additional steps effective with benefit years beginning July 1, 1974, increasing the weekly benefit amount to a maximum of seventy dollars ($70.00), with the Benefit Table remaining the same except for the last step and the five additional steps which shall then read: COLUMN A COLUMN B COLUMN C $1,600.00 - 1,624.99 $65 $2,340 1,625.00 - 1,649.99 66 2,376 1,650.00 - 1,674.99 67 2,412 1,675.00 - 1,699.99 68 2,448 1,700.00 - 1,724.99 69 2,484 1,725.00 and over 70 2,520 Provided, however, that benefits shall not be paid for any week during which the employee is engaged in picketing or is a participant in a picket line at the factory, establishment, or other premises at which he is, or was last, employed, even though the stoppage of work shall have ceased and operations have been resumed. Section 2. Said Act is further amended by striking only subsection (h) in its entirety of section 4 which reads as follows: (h) She has, since voluntarily quitting her job due to pregnancy, performed services in bona fide employment and

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earned insured wages for such services equal to at least eight (8) times the weekly benefit amount, provided that this requirement shall apply only to weeks of unemployment claimed during pregnancy. Pregnancy provisions. Section 3. Said Act is further amended by adding a new sentence immediately following the third sentence that concludes with the word therein as it appears in subsection (i) of section 6. Said sentence to be added shall read as follows: Neither the Commissioner nor the Agency shall be required to furnish anyone with a copy of the aforementioned documents, papers or transcripts nor the original of these items, for a fee or otherwise, prior to the Commissioner filing his answer., so that when so amended, said subsection (i) of section 6 shall read as follows: (i) Court Review. Within ten days after the decision of the Board of Review has become final, any party aggrieved thereby may secure judicial review thereof by commencing an action in the Superior Court of the county where the employee was last employed against the Commissioner for the review of such decision, in which action any other party to the proceeding before the Board of Review shall be made a defendant. In such action, a petition, which need not be verified, but which shall state the grounds upon which a review is sought, shall be served upon the Commissioner or upon such person as the Commissioner may designate, and such service shall be deemed completed service on all parties, but there shall be left with the party so served as many copies of the petition as there are defendants and the Commissioner shall forthwith mail one such copy to each such defendant. With his answer, the Commissioner shall certify and file with said court all documents and papers and a transcript of all testimony taken in the matter, together with the Board of Review's findings of fact and decision therein. Neither the Commissioner nor the Agency shall be required to furnish anyone with a copy of the aforementioned documents, papers or transcripts nor the original of these items,

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for a fee or otherwise, prior to the Commissioner filing his answer. The Commissioner may also, in his discretion, certify to such court questions of law involved in any decision. As a guide for future interpretation of the law, when the Commissioner is aggrieved by or deems any decision of the Board of Review contrary to the law, and no other party enters an appeal therefrom, he may, within 20 days after such decision has become final, appeal and certify to the Superior Court questions of law therein involved, and said court shall consider and determine the same and enter a decree accordingly which shall be subject to further appeal by the Commissioner. In any judicial proceeding under this Section, the findings of the Board of Review as to the facts, if supported by evidence and in the absence of fraud, shall be conclusive, and the jurisdiction of said court shall be confined to questions of law. Such actions, and the questions so certified, shall be heard in a summary manner and shall be given precedence over all other civil cases except cases to which the State is a material party and cases arising under the Workmen's Compensation Law of this State. An appeal may be taken from the decision of the Superior Court to the State Court of Appeals in the same manner, but not inconsistent with the provisions of this Act, as is provided in civil cases. It shall not be necessary in any judicial proceeding under this Section to enter exceptions to the rulings of the Board of Review, and no bond shall be required for entering an appeal. Upon the final determination of such judicial proceeding, the Board of Review shall enter an order in accordance with such determination. Section 4. Said Act is further amended by changing the colon as it appears at the end of the fourth paragraph in paragraph (8) of subsection (c) of section 7 to a period and adding the following sentence: Provided, however, that said overall increase shall not go into effect for the calendar year 1974:, so that when so amended, paragraph (8) of subsection (c) of section 7 shall read as follows: (8) Effective with the year 1969, a State-wide Reserve

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Ratio shall be computed as of December 31 of each year. Such State-wide Reserve Ratio shall be computed by dividing the balance in the Reserve Fund including accrued interest as of December 31 of each year, by the total covered wages (as defined in this Act) paid in the State for the twelve-month period, ending on June 30 of each calendar year. Any amount credited to the State's account under Section 903 of the Social Security Act, as amended, which has been appropriated for the expenses of administration whether or not withdrawn from the trust fund, shall be excluded from the Reserve Fund balance in computing the State-wide Reserve Ratio. Reserve Ratio. Effective with the year 1973, a State-wide Reserve Ratio shall be computed as of June 30 of each year. Such State-wide 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 the trust fund, shall be excluded from the Reserve Fund balance in computing the State-wide Reserve Ratio. When the State-wide Reserve Ratio, as computed above, is five (5%) percent or more for any calendar year, each employer who does not have a deficit reserve balance and whose rate as computed under the Rate Table in subsection 6 hereof, as amended by this Act (54-622(c) (6), Ga. Ann. Code, as amended by this Act) is 2.7 (2-7/10) percent or less on his computation date, shall have his contribution rate at the time of computation date credited by applying an overall reduction in said rate in accordance with the following table: If the State-wide Reserve Ratio: Equals or exceeds but is less than overall reduction 5.0 percent 5.1 percent 10 percent 5.1 percent 5.2 percent 20 percent 5.2 percent 5.3 percent 30 percent 5.3 percent 5.4 percent 40 percent 5.4 percent 5.5 percent 50 percent 5.5 percent 5.6 percent 60 percent 5.6 percent and over 70 percent

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When the State-wide Reserve Ratio, as calculated above, is less than 4.6 (4-6/10) percent, there shall be an overall increase in the rate, as of the computation date; for each employer whose rate is computed under a rate table in subsection (c) (6) hereof, as amended by this Act (54-622(c) (6), Ga. Ann. Code as amended by this Act) in accordance with the following table. Provided, however, that said overall increase shall not go into effect for the calendar year 1974: If the State-wide Reserve Ratio: Equals or exceeds but is less than overall increase 4.4 percent 4.6 percent 10 percent 4.2 percent 4.4 percent 20 percent 4.0 percent 4.2 percent 30 percent 3.8 percent 4.0 percent 40 percent 3.6 percent 3.8 percent 50 percent 3.4 percent 3.6 percent 60 percent Under 3.4 percent 70 percent Provided, however that, such overall increase for any year shall not result in any employer whose contribution rate is 2.7 (2-7/10) percent or less, as of the time of the application of the overall increase, being charged a rate in excess of 3 percent; nor shall it result in any employer whose contribution rate is 2.8 (2-8/10) percent or more, as of the time of the application of the overall increase, being charged a rate in excess of 4.5 (4-5/10) percent. The Commissioner will give notice to each employer on any rate change by reason of the above provisions. Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date.

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Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 25, 1974. EXECUTIVE REORGANIZATION ACT OF 1972 AMENDEDGEORGIA BUREAU OF INVESTIGATION CREATED, ETC. No. 779 (Senate Bill No. 496). An Act to amend an Act known as the Executive Reorganization Act of 1972, approved April 6, 1972 (Ga. L. 1972, p. 1015), as amended, so as to create the Georgia Bureau of Investigation as a separate department and agency of State Government; to provide for the transfer of the State Crime Laboratory and its functions to the Georgia Bureau of Investigation; to provide for the transfer of the functions of the Division of Investigation to the Georgia Bureau of Investigation; to provide for merit system coverage; to provide for retirement benefits and the continuation of retirement benefits; 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 Executive Reorganization Act of 1972, approved April 6, 1972 (Ga. L. 1972, p. 1015), as amended, is hereby amended by striking sections 1608, 1608.1 and 1608.2 of Chapter 16 in their entirety. Section 2. Said Act is further amended by renumbering Chapter 25 and sections 2501 and 2502 as Chapter 26 and sections 2601 and 2602, respectively, and by inserting a new Chapter 25, to read as follows: Chapter 25. Georgia Bureau of Investigation. Section 2501. Georgia Bureau of Investigationcreated.

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There is hereby created a Georgia Bureau of Investigation, which shall be a separate department and agency of State Government. Section 2502. Director of Investigationcreated. There is hereby created the position of Director of Investigation. The Director shall be the chief administrative officer and shall be both appointed and removed by the Board with the approval of the Governor. Except as otherwise provided by this Act, and subject to the general policy established by the Board, the Director shall supervise, direct, account for, organize, plan, administer and execute the functions vested in the Bureau by this Act. Section 2503. Compensation of the Director. The Director of Investigation shall be in the unclassified service, and his compensation shall be fixed by the Board of Public Safety. Section 2504. Authorization to enter into agreements with the Department of Public Safety. The Director of Investigation and the Commissioner of Public Safety are hereby authorized to enter into agreements, subject to approval of the Board of Public Safety, for the provision of such services, material, or combination thereof as may be useful in the performance of the official duties of the Bureau or the Department. Section 2505. Bureau of Investigationfunctions transferred. All of the functions of the Bureau of Investigation, provided for in an Act creating the Department of Public Safety, approved March 19, 1937 (Ga. L. 1937, pp. 322, 340), except the policy-making functions transferred to the Board of Public Safety by Section 1609 of the Executive Reorganization Act of 1972, are hereby transferred to the Georgia Bureau of Investigation created by this Act. All of the functions of the Division of Investigation provided for in the Executive Reorganization Act of 1972 in which the Division of Investigation was created, except the policy-making functions transferred to the Board of Public Safety by section 1609 of the Executive Reorganization Act of 1972, are transferred to the Georgia Bureau of Investigation created in this Act. Unless inconsistent with this Act, any reference in

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Georgia laws to the Bureau of Investigation or the Division of Investigation means the Georgia Bureau of Investigation created in this Act. Section 2506. Additional functions transferred to Bureau. The functions assigned to the State Crime Laboratory by an Act known as the `Georgia Post Mortem Examination Act', approved March 11, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 602), as amended, except the policy-making functions transferred to the Board of Public Safety by Section 1609 of the Executive Reorganization Act of 1972, are transferred to the Georgia Bureau of Investigation. The functions assigned to the Georgia Crime Information Center by an Act providing for the establishment of the Georgia Crime Information Center, approved April 19, 1973 (Ga. L. 1973, p. 1301), except the policy-making functions transferred to the Board of Public Safety by Section 1609 of the Executive Reorganization Act of 1972, are transferred to the Georgia Bureau of Investigation. Unless inconsistent with this Act, any reference in Georgia laws to the State Crime Laboratory or the Georgia Crime Information Center means the Georgia Bureau of Investigation created by this Act. Section 2507. Agents under merit system. All agents of the Georgia Bureau of Investigation shall be governed by such rules of position, classification, appointment, promotion, demotion, transfer, dismissal, qualification, compensation, seniority privileges, tenure and other employment standards as may now or hereafter be established under such merit system controls as may be authorized by 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). No agent shall be compensated at a lesser initial salary than the salary the agent was earning on the date this Section becomes law. The provisions of this Section shall not apply to special contract investigators provided for in 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 April

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13, 1973 (Ga. L. 1973, p. 544). The Georgia Bureau of Investigation shall pay a pro rata share of the administrative costs of operating the State Merit System of Personnel Administration in the manner prescribed by law. Section 2508. Functions transferred to Board. All policymaking functions relating to the Georgia Bureau of Investigation which have not already been transferred to the Board of Public Safety, are hereby transferred to said Board. Section 2509. Retirement benefits. All personnel and the Director of the Georgia Bureau of Investigation are hereby authorized to 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. All rights, credits and funds in said retirement system which are possessed by any personnel of the Georgia Bureau of Investigation, including the Director, at the time of employment in said Bureau are hereby continued, and it is the intention of the General Assembly that any such personnel and the Director shall not lose any rights, credits or funds to which they were entitled prior to being employed with the Georgia Bureau of Investigation. The provisions of this Section shall not apply to special contract investigators provided for in 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 April 13, 1973 (Ga. L. 1973, p. 544). Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 28, 1974.

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GEORGIA MOTOR VEHICLE ACCIDENT REPARATIONS ACT. No. 783 (House Bill No. 78). An Act to be known as the Georgia Motor Vehicle Accident Reparations Act; to provide for a short title; to provide for definitions; to provide minimum insurance coverage; to provide that no owner of a motor vehicle required to be registered in this State, or any other person, other than a self-insurer, shall operate or authorize any other person to operate such motor vehicle unless the owner has insurance on such vehicle providing certain minimum coverage; to provide for optional coverages; to require each insurer to make certain optional coverages available; to require all policies of motor vehicle liability insurance issued in this State to be in accordance with the requirements of the Act and to contain certain minimum coverages; to provide for required statements in insurance policies; to provide for self-insurance and self-insurers; to provide for subrogation; to provide that the right of recovery and the amount thereof shall be determined by agreement by binding inter-company arbitration; to provide for the periodic payment of benefits; to provide for payment of certain benefits without regard to fault; to provide for penalties; to provide that certain persons shall be entitled to benefits; to provide that certain persons shall not be entitled to benefits; to provide for the correlation of benefits; to provide that certain benefits shall be excess over any benefits required by this Act; to provide for exemptions of insured persons from liability to pay damages for certain losses; to provide for mandatory reduction of certain insurance rates and premiums and the practices and procedures connected therewith; to provide for the increase of such rates and premiums and the practices and procedures connected therewith; to provide for notices, hearings, orders and appeals; to provide for proof of insurance prior to the issuance of a motor vehicle license; to provide for rules and regulations; to provide for penalties; to provide for practices and procedures in connection with the foregoing; to provide for severability; to provide for effective dates of the Act; to provide for

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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. Short title. This Act shall be known and may be cited as the Georgia Motor Vehicle Accident Reparations Act. Section 2. Definitions. As used in this Act: (a) Motor vehicle means a vehicle having more than three load bearing wheels, of a kind required to be registered under the laws of this State relating to motor vehicles designed primarily for operation upon the public streets, roads and highways, and driven by power other than muscular power, and includes a trailer drawn by or attached to such a vehicle. (b) The term insured shall include, in addition to the insured named in the policy, his spouse and children if residing in the same household, the relatives of either if residents of the named insured's household, any pedestrian struck by the insured vehicle and any other person using or occupying the insured vehicle with the express or implied permission of the named insured or his spouse. The term insured shall also include the named insured, spouse and any resident relative while a pedestrian or while occupying or when struck by a motor vehicle when such motor vehicle is not similarly insured as required by Section 3(b). (c) Accidental bodily injury means bodily injury, sickness or disease, including death at any time resulting therefrom, arising out of the operation, maintenance or use of a motor vehicle which is accidental as to the person claiming basic no-fault benefits as provided by Section 3. Bodily injury is accidental as to the claimant unless sustained intentionally by the person injured or caused intentionally by the claimant. (d) The term disability means any period of time during which an insured is unable to perform substantially all the duties required by his usual occupation, provided

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the disability commences within twelve months from the date on which the motor vehicle accident occurred. (e) Owner means the natural person, corporation, firm, partnership, cooperative, association, group, trust, estate, organization, or other entity in whose name the motor vehicle has been registered. If no registration is in effect at the time of an accident involving the motor vehicle, owner means the natural person, corporation, firm, partnership, cooperative, association, group, trust, estate, organization, or other entity who holds the legal title thereto, or in the event the motor vehicle is subject to a security agreement or lease with an option to purchase with the debtor or the lessee having the right to possession, owner means the debtor or the lessee. (f) Self-insurer means any owner who has on file with the Commissioner of Public Safety an approved plan of self-insurance which provides for coverages, benefits, and efficient claims handling procedures substantially equivalent to those afforded by a policy of automobile liability insurance that complies with all of the requirements of this Act. (g) Pedestrian means any person not occupying a motor vehicle or a motorcycle or any other motor driven vehicle designed primarily for operation upon the public streets, roads and highways, or not in or upon a vehicle operated on stationary rails or tracks, or aircraft. (h) Operation, maintenance or use of a motor vehicle means operation, maintenance or use of a motor vehicle as a vehicle. Operation, maintenance or use of a motor vehicle does not include (i) conduct within the course of a business of repairing, servicing, or otherwise maintaining motor vehicles unless the conduct occurs off the business premises, or (ii) conduct in the course of loading and unloading the vehicle unless the conduct occurs while occupying it. (i) Occupying means to be in or upon a motor vehicle or engaged in the immediate act or entering into or alighting from the motor vehicle.

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(j) Serious injury means an accidental bodily injury which results in death, a fractured bone, permanent disfigurement, dismemberment, permanent loss of a bodily function, permanent partial or total loss of sight or hearing, injury resulting in reasonably incurred medical expenses exceeding five hundred dollars ($500), or an injury resulting in disability for not less than ten (10) consecutive days. An injured person who is furnished the services described in Section 3(b) without charge or at less than the average reasonable charge therefor in this State shall be deemed to have sustained a serious injury if the fair and reasonable value of such services exceeds five hundred dollars ($500). (k) Economic loss means pecuniary loss of the kind described in Section 3, subsection (b). (l) Noneconomic loss means pain, suffering, inconvenience and other nonpecuniary damage recoverable under the tort law of this State. Section 3. Minimum insurance coverage. No owner of a motor vehicle required to be registered in this State, or any other person, other than a self-insurer as defined in this Act, shall operate or authorize any other person to operate such motor vehicle unless the owner has insurance on such vehicle providing the following minimum coverage: (a) motor vehicle liability insurance equivalent to that required as evidence of security for bodily injury and property damage liability under the motor vehicle safety responsibility laws of this State; (b) compensation to insured injured persons, without regard to fault, up to an aggregate minimum limit of five thousand dollars ($5,000) per insured injured person for: (1) all necessary medical expenses not to exceed two thousand five hundred dollars ($2,500) arising from a motor vehicle accident including necessary medicine, drugs, surgical, dental, X-ray and rehabilitative services, including prosthetic devices, and necessary ambulance, hospital, and

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nursing services, all as prescribed, authorized, approved or rendered by an attending physician, including any person licensed to practice a healing art and any remedial treatment and care rendered in accordance with a recognized religious healing method; and (2) eighty-five percent (85%) of the loss of income or earnings during disability with a maximum benefit of two hundred dollars ($200) per week; and (3) expenses, not to exceed twenty dollars ($20) per day, reasonably incurred during a period of disability in obtaining ordinary and necessary services from others, excluding members of the injured person's household, in lieu of services that, had he or she not been injured, the injured person would have performed, not for income but for the benefit of his or her household; and (4) funeral services not to exceed fifteen hundred dollars ($1,500) per person. In the event of the death of the injured person, survived by a spouse or dependent child or children, compensation under paragraphs 3 (b) (2) and 3 (b) (3) above shall be payable after such death as though the deceasd were alive but totally disabled, such payment to be made to the spouse, if alive, otherwise to the child or children or the person having legal custody of any child or children, for use of such spouse or children as though awarded as a year's support for the spouse or children, or both. The total benefits required to be paid under this Section without regard to fault as the result of any one accident shall not exceed the sum of five thousand dollars ($5,000) per each individual covered as an insured person or such greater amount of coverage as has been purchased on an optional basis as provided elsewhere in this Act, regardless of the number of insurers providing such benefits or of the number of policies providing such coverage. Section 4. Optional coverage. (a) Each insurer shall also make available on an optional basis the following coverage:

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(1) an aggregate limit of benefits payable without regard to fault up to fifty thousand dollars ($50,000) per person which may be rejected, or reduced to not less than an aggregate limit of benefits payable without regard to fault of five thousand dollars ($5,000) per person, by written consent of the policyholder. Benefits purchased in excess of five thousand dollars ($5,000) shall be paid without apportionment to cover any expenses enumerated in Section 3(b); and (2) compensation, without regard to fault, for damage to the insured motor vehicle not to exceed the actual cash value of the vehicle at the time of the loss, including up to ten dollars ($10) per day with a maximum of three hundred dollars ($300) for the loss of use of such motor vehicle; provided that benefits payable under this paragraph (2) may be subject to deductibles at the written election of the policyholder. (b) Each application for a policy of motor vehicle liability insurance sold in this State must contain separate spaces for the insured to indicate his acceptance or rejection of each of the optional coverages listed in subsection (a) above and no such policy shall be issued in this State unless these spaces are completed and signed by the prospective insured. Section 5. Insurers; policy requirements; subrogation. (a) All policies of motor vehicle liability insurance issued in this State must be in accordance with the requirements of this Act, and no insurer shall issue a policy of motor vehicle liability insurance in this State that does not contain at least the minimum coverages required under this Act. (b) Nothing in Sections 3 and 4 shall be construed to prohibit the issuance of policies providing coverage more extensive than the minimum coverage required by those Sections. (c) Policies purporting to satisfy the requirements of Sections 3 and 4 shall contain a provision which states that, notwithstanding any of the other terms and conditions of

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the policy, the coverage afforded shall be at least as extensive as the minimum coverage required. (d) Insurers and self-insurers providing benefits without regard to fault described in Sections 3 and 4 shall be subrogated to the rights of the person for whom benefits are provided, to the extent of the benefits provided, with the right of recovery and the amount thereof shall be determined by agreement on the basis of tort law between the insurers involved, or, if they fail to agree, by binding intercompany arbitration under procedures approved by the Insurance Commissioner. Expenses incurred in exercising the rights of subrogation hereunder shall be at the sole expense of the insurers and self-insurers involved. If the responsible tortfeasor is uninsured or is not a self-insurer, the insurer or self-insurer providing benefits shall have a right of action to the extent of benefits provided against such tortfeasor. Section 6. Benefits; periodic payment. (a) Payment of benefits required by this Act must be made periodically on a monthly basis as expenses are incurred, or in the case of total disability as disability continues. (b) Benefits required to be paid without regard to fault shall be payable monthly as loss accrues. Such benefits are overdue if not paid within thirty (30) days after the insurer receives reasonable proof of the fact and the amount of loss sustained. If reasonable proof is not supplied as to the entire claim, the amount supported by reasonable proof is overdue if not paid within thirty (30) days after such proof is received by the insurer. Any part or all of the remainder of the claim that is later supported by reasonable proof is overdue if not paid within thirty (30) days after such proof is received by the insurer. For the purpose of calculating the extent to which any benefits are overdue, payment shall be treated as made on the date a draft or other valid instrument was placed in the United States mail to the last known address in a properly addressed, postpaid envelope, or, if not so posted, on the date of delivery. Basic no-fault payments may be paid by the insurer directly to persons or firms supplying necessary products, services, or

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accommodations to the claimant. In the event the company fails to pay each benefit when due, the person entitled to such benefits may bring an action to recover them, and the company must show that its failure or refusal to pay was in good faith, otherwise the company shall be liable for a penalty exceeding twenty-five percent (25%) of the amount due and reasonable attorney's fees. Section 7. Persons entitled to benefits. The insurer of a motor vehicle with respect to which security is required by Section 3 shall pay basic no-fault benefits without regard to fault for economic loss resulting from: (a) accidental bodily injury sustained within the United States of America, its territories or possessions, or Canada by the insured and spouse and children if residing in the insured's household and the relatives of either if residents of the insured's household while occupying any motor vehicle, or while a pedestrian as the result of being struck by a motor vehicle; (b) accidental bodily injury sustained by any other person while occupying the owner's motor vehicle if the accident occurs within the United States of America, its territories or possessions, or Canada; and (c) accidental bodily injury sustained by any other person as a result of being struck by the owner's motor vehicle while a pedestrian in this State. Section 8. Persons not entitled to benefits. Basic no-fault benefits shall not be payable to or on behalf of any person who sustains accidental bodily injury while: (a) occupying a motor vehicle known by him to be stolen; or (b) occupying a motor vehicle owned by such person which is not insured for the benefits required by this Act. Section 9. Correlation of benefits. (a) The benefits payable under this Act shall not be reduced or eliminated by

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any workmen's compensation benefits, medical payments benefits or any other disability benefits, wage loss benefits or hospitalization benefits that the injured person is entitled to receive. (b) Medical payment benefits and uninsured motorists benefits payable under coverages in motor vehicle insurance policies shall be excess over any benefits required by this Act. Section 10. Insured person exemptions. (a) In an action against a person insured as provided in Section 3, or a self-insurer, to recover damages because of accidental bodily injury arising out of the ownership, operation, maintenance or use of an insured motor vehicle in this State, an insured person shall be exempt from liability to pay damages for noneconomic loss unless the injury is a serious injury as defined in subsection (j) of Section 2 of this Act. (b) Any person eligible for economic loss benefits described in Section 3, subsection (b) of this Act is precluded from pleading or recovering in an action for damages against a tortfeasor, whose damages for which compensation is available for economic loss under said Section; provided, however, that nothing contained in this Section shall preclude the introduction of any evidence otherwise admissible in a judicial proceeding for the purpose of proving the extent of the injury or injuries sustained by such person. Section 11. Mandatory reduction of insurance rates. Notwithstanding any other provision of law, all insurers issuing insurance coverage under this Act shall comply with the following provisions: (a) Within sixty (60) days after the effective date of this Act, each insurer shall file its proposed forms, manuals, rules, rates and rating plans with the Insurance Commissioner for such approval as is required by law. Rates for required coverage under this Act, with the exception of property damage liability required by Section 3(a), shall not exceed the rates for required financial responsibility coverage for bodily injury coverage reduced by each insurer by not

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less than fifteen percent (15%) calculated as a percentage of the required financial responsibility rate for bodily injury coverage of such insurer in effect on October 1, 1973. Rates for medical payments coverage and uninsured motorists coverage shall not exceed each insurer's effective rate on file with the Insurance Commissioner as of October 1, 1973, reduced by not less than fifty percent (50%). These rates shall remain in effect until March 1, 1976, and there shall be no exception to the requirements of this provision, unless the Insurance Commissioner shall find, after hearing upon written request of an insurer, that the use of the rates required herein by any insurer will result in rates which are inadequate to the extent that such rates: (1) do not properly reflect the insurer's loss experience in Georgia to the extent that its earned premiums would not equal its incurred losses and expenses; or (2) jeopardize the solvency of the insurer required to use such rates. Such insurer shall have the burden of showing that the use of the required rate will result in rates which are inadequate to the extent that they do not properly reflect the insurer's loss experience in Georgia or that their use would jeopardize its solvency. No insurer shall be relieved of using the required rates if its most recently available experience on such lines of business shows a net underwriting gain unless, on the basis of statistical data and pertinent judgment and trend factors, no other reasonable conclusion would be appropriate. Upon conclusion of any hearing held pursuant to this Act, the Insurance Commissioner shall enter his order specifying the rates required to be used by the insurer. The Commissioner shall indicate in his order all the factors entering into a decision relieving an insurer from full compliance with this Section. The provisions of Code Chapter 56-2, as amended, shall apply to hearings held under this Act. (b) Any insurer appealing from a final order of the Insurance Commissioner may continue to use its rates then in effect during the pendency of the appeal, provided

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arrangements satisfactory to the Commissioner are made to secure the repayment to the insurer's policyholders of the difference between the rates used by the insurer and that rate which would be lower as required by this Act. Upon final adjudication the insurer shall repay any excess premium collected from its policyholders plus interest at the rate of eight percent (8%) per annum. (c) Any motor vehicle liability policies in force on March 1, 1975, and thereafter, shall reflect by endorsement any reduction in rates for all motor vehicle coverage as filed by the insurer and such reduction shall be computed on a pro rata basis for the remaining term of said policy. Such endorsement may be issued at the renewal date of the policy or the termination of the policy. Any return premium shall be credited to the renewal policy, or if the policy is terminated the return premium shall be refunded to the insured. (d) During the two years following the effective date of this Act no insurer shall make underwriting profits in this State on liability or medical payments coverage on insurance written in this State in excess of the average underwriting profits made by such insurer in this State on such lines of insurance during the years 1969 through 1973. Any such excess underwriting profits shall be refunded to policy-holders pro rata under procedures prescribed by the Insurance Commissioner. Section 12. Proof of insurance. From and after January 1, 1975, no motor vehicle shall be licensed by the State of Georgia until the owner has furnished satisfactory proof to the licensing authorities in accordance with rules and regulations promulgated by the Commissioner of Public Safety that there is in effect the minimum insurance coverage required by this Act, or an approved self-insurance plan. The insurer, within five (5) days after the effective date of a cancellation of such coverage, shall notify the Department of Public Safety in writing of the cancellation. Section 13. Rules and regulations. The Insurance Commissioner shall adopt rules and regulations necessary for the implementation of this Act with respect to insurers

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providing the security required herein. The Commissioner of Public Safety shall adopt rules and regulations necessary for the implementation of this Act with respect to the maintaining of the security required herein. Section 14. Penalties. An owner or any other person who knowingly operates, or knowingly authorizes another to operate, a motor vehicle without effective insurance thereon or without an approved plan of self-insurance as required by this Act shall be guilty of a misdemeanor and, upon conviction, shall be punished as for a misdemeanor. Section 15. Severability. If any provision of this Act or the application thereof to any person or circumstance is held unconstitutional, the remainder of this Act and the application of such provision to other persons or circumstances shall not be affected thereby and it shall be conclusively presumed that the General Assembly would have enacted the remainder of this Act without such invalid or unconstitutional provision. Section 16. Effective dates of this Act. Sections 11, 12, 13 and 14 of this Act shall become effective on October 1, 1974. All other provisions of this Act shall become effective on March 1, 1975, and shall not apply to accidents or injuries occurring before said date. Section 17. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 28, 1974. Substitute for the last two lines of Section 6, p. 120, Ga. Laws 1974: penalty not exceeding twenty-five percent (25%) of the amount due and reasonable attorney's fees. ALCOVY JUDICIAL CIRCUITSALARY OF JUDGE SUPPLEMENTED BY WALTON COUNTY. No. 784 (House Bill No. 293). An Act to supplement the salary of the judge of the superior court of the Alcovy Judicial Circuit from the funds

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of Walton County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In addition to the salary and contingent expense allowance payable from state funds, the judge of the superior court of the Alcovy Judicial Circuit shall receive a supplement of two thousand four hundred dollars ($2,400.00) per annum which shall be paid in equal monthly installments from the funds of Walton County, and the governing authority of Walton County is hereby authorized and directed to pay such judge the compensation herein provided. Section 2. The increased salary here authorized shall be in addition to any other salary authorized to be paid by Newton County by any present or future Act of the General Assembly of Georgia. 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. 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 Judge of the Superior Court of the Alcovy Judicial Circuit, and for other purposes. This 26th day of December, 1972. Bobby Carrell, Representative District 71 J. W. (Jim) Morgan Representative District 70

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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 February 28, 1974. ALCOVY JUDICIAL CIRCUITSALARY OF JUDGE SUPPLEMENTED BY NEWTON COUNTY. No. 785 (House Bill No. 295). An Act to provide for an expense allowance for the judge of the superior court of the Alcovy Judicial Circuit from the funds of Newton County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In addition to the salary and contingent expense allowance payable from State funds, the judge of the superior court of the Alcovy Judicial Circuit shall receive

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an expense allowance of two hundred dollars ($200.00) per month which shall be paid from the funds of Newton County, and the governing authority of Newton County is hereby authorized and directed to pay such judge the expense allowance herein provided. Section 2. The expense allowance herein authorized shall be in addition to any other salary or contingent expenses paid by the State of Georgia. 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. 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 Judge of the Superior Court of the Alcovy Judicial Circuit; and for other purposes. This 26th day of December, 1972. Bobby Carrell Representative District No. 71 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

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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 15 day of January, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved February 28, 1974. CHATTAHOOCHEE JUDICIAL CIRCUITDISTRICT ATTORNEYSALARY SUPPLEMENT CHANGED. No. 786. (House Bill No. 1304). An Act to amend an Act providing a supplement to the salary of the District Attorney of the Chattahoochee Judicial Circuit, approved March 29, 1971 (Ga. L. 1971, p. 231), so as to delete therefrom the limitations upon the amount of the supplement specified; 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 supplement to the salary of the District Attorney of the Chattahoochee Judicial Circuit, approved March 29, 1971 (Ga. L. 1971, p. 231), is hereby amended by striking in its entirety Section 1, and substituting in lieu thereof the following: Section 1. The governing authority of the Consolidated

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Government of Columbus, Georgia-Muscogee County shall supplement the State salary of the District Attorney of the Chattahoochee Judicial Circuit in the amount of $4,000.00 per annum, and such supplement shall be paid to said District Attorney in equal monthly installments from the funds of the Consolidated Government of Columbus, Georgia-Muscogee County. Supplement. 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 1974 session of the Georgia General Assembly, a bill to amend an Act providing for a salary supplement to the District Attorney of the Chattahoochee Judicial Circuit from the funds of Columbus, Georgia, and for other purposes. This 21 day of December 1973. /s/ E. Mullins Whisnant Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Buck III who, on oath, deposes and says that he is Representative from the 87th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Columbus Ledger which is the official organ of Muscogee County, on the following dates: December 26, 1973, January 2, 1974, January 9, 1974. /s/ Thomas B. Buck III Representative, 87th District

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Sworn to and subscribed before me this 14th day of January, 1974. /s/ Vivian Leigh Baxter Notary Public, Georgia State at Large. My Commission expires Nov. 26, 1977. (Seal). Approved February 28, 1974. EMPLOYEES' RETIREMENT SYSTEM ACT AMENDEDPROVISION MADE FOR CERTAIN FORMER EMPLOYEES OF WARM SPRINGS FOUNDATION. No. 787 (House Bill No. 1369). An Act to amend an Act establishing the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, so as to allow employees of the State of Georgia who were formerly employees of the Georgia Warm Springs Foundation to purchase credit for previous employment service with the Georgia Warm Springs Foundation and have the previous employment service credited under the Employees Retirement System 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 establishing the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, is hereby amended by adding a new subsection to section 4 to be numbered as subsection (18) and to read as follows: (18) All members who were formerly employees of the Georgia Warm Springs Foundation, but who become employees of the State of Georgia under the terms of an agreement effective November 1, 1973, between the State of Georgia and the Georgia Warm Springs Foundation and

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who become members of the Employees' Retirement System, shall be eligible to receive credit for previous employment service with the Georgia Warm Springs Foundation, upon receipt of payment of the accrued liability as determined by the Board of Trustees of the Employees' Retirement System. The option to purchase credit for previous employment service with the Georgia Warm Springs Foundation must be exercised by any such member, if at all, not later than December 31, 1974. Any member electing this option may purchase all or any portion of his previous employment service with the Georgia Warm Springs Foundation, and full payment for the accrued liability of such service shall be made at the time of such election to purchase previous service and said purchase shall be final, meaning that no additional previous service may be purchased. 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 February 28, 1974. CHATTAHOOCHEE JUDICIAL CIRCUITDISTRICT ATTORNEYSALARY SUPPLEMENTED, ETC. No. 788 (House Bill No. 1400). An Act to provide for the payment to the district attorney of the Chattahoochee Judicial Circuit from the funds of certain counties located within said circuit supplementary salaries to said district attorney; 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 governing authority of the following

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counties located within the Chattahoochee Judicial Circuit shall annually supplement the salary of the district attorney of said circuit as follows: Harris County $ 900 per annum Marion County $ 600 per annum Talbot County $ 600 per annum Taylor County $ 900 per annum Said sums shall be paid to said district attorney from each respective county's funds in equal monthly or semimonthly installments. The salary supplement payable from the funds of Taylor County shall commence on the 1st day of July, 1974. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1974 session of the Georgia General Assembly, a bill to provide for the payment to the District Attorney of the Chattahoochee Judicial Circuit from the funds of certain counties comprising said circuit salary supplements to said District Attorney; to provide the procedures connected therewith; and for other purposes. This 19 day of December, 1973. E. Mullins Whisnant Georgia, Meriwether County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Tribble who, on oath, deposes and says that he is the publisher of The

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Harris County Journal, The Talbotton New Era, and The Marion County Patriot, and that the attached copy of Notice to Introduce Local Legislation was published in The Harris County Journal which is the official organ of Harris County, Georgia, on the following dates: December 27, 1973 and January 3, and 10, 1974. Deponent further says that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Talbotton New Era, which is an official organ of Talbot County, Georgia on the following dates: December 27, 1973 and January 3, and 10, 1974. Deponent further says that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Marion County Patriot, which is an official organ of Marion County, Georgia on the following dates: December 27, 1973 and January 3, and 10, 1974. /s/ Bob Tribble, Publisher, The Harris County Journal, The Talbotton New Era, and The Marion County Patriot. Sworn to and subscribed before me, this 12th day of January, 1974. /s/ Mile Hale Notary Public, State at Large, Georgia. My Commission expires Aug. 6, 1974. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1974 session of the Georgia General Assembly, a bill to provide for the payment to the District Attorney of the Chattahoochee Judicial Circuit from the funds of certain counties comprising said circuit salary supplements

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to said District Attorney; to provide the procedures connected therewith; and for other purposes. This 19 day of December 1973. E. Mullins Whisnant Georgia, Taylor County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Verna Griggs who, on oath, deposes and says that she is the publisher of The Taylor County News, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Taylor County News which is the official organ of Taylor County, Georgia, on the following dates: December 27, 1973, and January 3, and 10, 1974. /s/ Verna W. Griggs Publisher, The Taylor County News Sworn to and subscribed before me, this 11th day of January, 1974. /s/ Mable Wilson Notary Public, Georgia State at Large. My Commission expires Jan. 23, 1977. (Seal). Approved February 28, 1974. MOTOR VEHICLE FRANCHISE PRACTICE ACT. No. 790 (House Bill No. 1614). An Act to provide definitions; to provide for a declaration of purpose; to create a Motor Vehicle Commission; to provide for the licensing of motor vehicle manufacturers, factory branches and divisions, factory representatives,

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distributors, distribution branches and divisions, distribution representatives, wholesalers, wholesaler's branches and divisions; to regulate the distribution and advertisement for sale of new motor vehicles; to provide for the filing of certain information; to provide for the issuance of licenses; to provide for denial of licenses under certain conditions; to provide procedures and conditions to avoid undue control of the independent new motor vehicle dealer by the manufacturer or distributor; to provide for hearings; to provide the powers of said Motor Vehicle Commission; to provide appeals; to provide penalties for violations; 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: Section 1. Short Title. This Act shall be known as and may be cited as the Motor Vehicle Franchise Practices Act. Section 2. Declaration of Public Policy. The General Assembly finds and declares that the distribution and sales of motor vehicles in the State of Georgia vitally affects the general economy of the State and the public interest and the public welfare. The General Assembly further finds and declares that it is necessary to regulate and license motor vehicle manufacturers, factory branches and divisions, distributors, distributor branches and divisions, distributor representatives, wholesalers, wholesaler branches and divisions, doing business in the State of Georgia in order to prevent frauds, unfair practices, discrimination, and undue control of the independent motor vehicle dealer by motor vehicle manufacturing and distributing organizations; in order to foster and keep alive vigorous and healthy competition; in order to prevent the practice of requiring the buying of special features, accessories, special models, appliances and equipment not desired by a motor vehicle dealer; in order to prevent forced cooperative advertising; in order to promote and keep alive a sound system of distribution of motor vehicles to the public; and in order to promote the public safety and welfare.

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Section 3. Definitions. The following words, terms and phrases, when used in this Act, shall have the meanings respectively ascribed to them in this Section, except where the context clearly indicates a different meaning: (a) Motor vehicle means those motor-driven vehicles of the sort and kind required to have a license and having four (4) or more wheels, those vehicles of the sort and kind required to have a license and having either two (2) or three (3) wheels and a handle bar for steering and a seat that is straddled by a driver, and those vehicles of the sort and kind not required to have a license, such as farm tractors, farm equipment and construction equipment, whether with or without motive power. (b) Motor vehicle dealer means any person, firm, partnership, copartnership, association, corporation, trust or legal entity, not excluded by subsection (3) of this section, who holds or secures a bona fide contract or franchise in effect with a manufacturer, distributor or wholesaler of new motor vehicles. (c) The term motor vehicle dealer does not include: (1) Receivers, trustees, administrators, executors, guardians, or other persons appointed by or acting under judgment, decree or order of any court; or (2) Public officers while performing their duties as such officers; or (3) Employees of persons, corporations or associations enumerated in subsection (3) (a) of this section when engaged in the specific performance of their duties as such employees. (d) New motor vehicle means a motor vehicle which has not been previously sold to any person except a distributor or wholesaler or motor vehicle dealer for resale. (e) Commission means the Georgia Motor Vehicle Commission created by this Act.

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(f) Manufacturer means any person, firm, association, corporation or trust, resident or nonresident, who manufactures or assembles new motor vehicles. (g) Distributor or wholesaler means any person, firm, association, corporation or trust, resident or nonresident, who in whole or in part sells or distributes new motor vehicles to motor vehicle dealers, or who maintains distributor representatives. (h) Factory branch means a branch or division office maintained by a person, firm, association, corporation or trust who manufactures or assembles new motor vehicles for sale to distributors or wholesalers, to motor vehicle dealers, or for directing or supervising, in whole or in part, its representatives. (i) Distributor branch means a branch or division office similarly maintained by a distributor or wholesaler for the same purposes a factory branch or division is maintained. (j) Factory representative means a representative employed by a person, firm, association, corporation or trust who manufactures or assembles new motor vehicles, or by a factory branch, for the purpose of making or promoting the sale of his, its or their new motor vehicles, or for supervising or contacting his, its or their dealers or prospective dealers. (k) * * Compiler's note: The enrolled Act does not contain paragraph (k). (l) Distributor representative means a representative similarly employed by a distributor, distributor branch, or wholesaler. (m) Person means and includes, individually and collectively, individuals, firms, partnerships, copartnerships, associations, corporations and trusts, or any other form of business enterprise, or any legal entity. (n) Good faith shall mean the duty of each party to any franchise, and all officers, employees, or agents thereof, to act in a fair and equitable manner toward each other

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so as to guarantee the one party freedom from coercion, intimidation, or threats of coercion or intimidation from the other party. Provided, however, that recommendation, endorsement, exposition, persuasion, urging, or argument shall not be deemed to constitute a lack of good faith. (o) Coerce means the failure to act in good faith in performing or complying with any terms or provisions of the franchise or agreement. Provided, however, that recommendation, exposition, persuasion, urging or argument shall not be deemed to constitute a lack of good faith. Section 4. Motor Vehicle Commission. (a) There is hereby created the Georgia Motor Vehicle Commission to be composed of nine (9) members; all of whom shall be appointed by the Governor, and confirmed by the Senate. Each member of the Commission shall be a resident of the State of Georgia and five (5) of the members shall be franchised dealers (three of whom must be automobile dealers) who have been actively engaged in business as such in the State of Georgia for at least five years; provided that no two (2) of such dealers may be franchised to sell automobiles or trucks manufactured or distributed by the same manufacturer. Four (4) members of the Commission shall not be motor vehicle dealers or employees of a motor vehicle dealer. (b) Three members of the first Commission appointed shall serve for a period of three years, three members of the first Commission shall serve for a period of two years, and three members of the first Commission shall serve for a period of one year. Subsequent appointments shall be for terms of three years, except appointments to fill vacancies which shall be for the unexpired terms. Members of the board shall meet monthly and shall receive as compensation for their services twenty-five dollars ($25.00) for each day actually engaged in the exercise of the duties of the board and such travel expenses and subsistence allowances as are generally allowed other State commissions and boards. (c) The Commission shall have power to prescribe, issue, amend and rescind such reasonable rules and regulations

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as may be reasonably necessary or appropriate to carry out the provisions of this Act; provided, however, that no rule or regulation shall be effective until thirty (30) days after copies of the proposed rule shall have been mailed to all motor vehicle dealers operating in the State of Georgia, and a representative of such manufacturer, wholesaler, and distributor whose motor vehicles are sold therein, whether said representative is located within or without the State of Georgia, with a notice setting forth either the terms or substance of said proposed rule or rules and the time and place of a hearing thereon. Such hearing may be held at any time twenty (20) days after mailing of such notice, but such rules shall not become effective until a hearing thereon. All rules, regulations and forms adopted by the Commission shall be filed with its executive secretary and shall be readily available for public inspection and examination during reasonable business hours. A copy of said rules, regulations and forms shall also be filed and recorded in the office of the Secretary of State. Any interested person shall have the right to petition the commission for issuance, amendment or repeal of a rule or regulation. Section 5. Unauthorized Acts; Application for License; Contents; Display of License; Fees. (a) It shall be unlawful and constitute a misdemeanor: (1) For any person, firm, association, corporation or trust to engage in business as, or serve in the capacity of, or act as a manufacturer, distributor, wholesaler, factory branch or division, distributor branch, wholesaler branch or division, factory representative or distributor representative, as such, in this State without first obtaining a license therefor as provided in this Act, regardless of whether or not said person, firm, association, corporation or trust maintains or has a place or places of business in this State. (2) For a manufacturer, a distributor, a wholesaler, a distributor branch or division, a factory branch or division, or a wholesaler branch or division, or officer, agent or other representative thereof, to coerce, or attempt to coerce, any motor vehicle dealer:

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(i) to order or accept delivery of any motor vehicle or vehicles, appliances, equipment, parts or accessories therefor, or any other commodity or commodities which shall not have been voluntarily ordered by said motor vehicle dealer. (ii) to order or accept delivery of any motor vehicle with special features, appliances, accessories or equipment not included in the list price of said motor vehicles as publicly advertised by the manufacturer thereof. (iii) to order for any person any parts, accessories, equipment, machinery, tools, appliances, or any commodity whatsoever. (iv) to contribute or pay money or anything of value into any cooperative or other advertising program or fund. (3) For a manufacturer, a distributor, a wholesaler, a distributor branch or division, a factory branch or division, or a wholesaler branch or division, or officer, agent or other representative thereof: (i) to refuse to deliver in reasonable quantities and within a reasonable time after receipt of dealer's order to any duly licensed motor vehicle dealer having a franchise or contractual arrangement for the retail sale of new motor vehicles sold or distributed by such manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division or wholesale branch or division, any such motor vehicles as are covered by such franchise or contract specifically publicly advertised by such manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division or wholesale branch or division, to be available for immediate delivery. Provided, however, the failure to deliver any motor vehicle shall not be considered a violation of this Act if such failure be due to acts of God, work stoppages or delays due to strikes or labor difficulties, freight embargoes or other causes over which the manufacturer, distributor, or wholesaler, or any agent thereof, shall have no control. (ii) to coerce, or attempt to coerce any motor vehicle

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dealer to enter into any agreement, with such manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesaler branch or division, or officer, agent or other representative thereof, or to do any other act prejudicial to said dealer by threatening to cancel any franchise or any contractual agreement existing between such manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesaler branch or division, and said dealer. Provided, however, that good faith notice to any motor vehicle dealer of said dealer's violation of any terms or provisions of such franchise or contractual agrement shall not constitute a violation of this Act. (iii) to terminate or cancel the franchise or selling agreement of any such dealer without due cause. The nonrenewal of a franchise or selling agreement, without due cause, shall constitute an unfair termination or cancellation, regardless of the terms or provisions of such franchise or selling agreement. Such manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesaler branch or division, or officer, agent or other representative thereof shall notify a motor vehicle dealer in writing, and forward a copy of such notice to the commission, of the termination or cancellation of the franchise or selling agreement of such dealer at least sixty (60) days before the effective date thereof, stating the specific grounds for such termination or cancellation; and such manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesaler branch or division, or officer, agent or other representative thereof shall notify a motor vehicle dealer in writing, and forward a copy of such notice to the commission, at least sixty (60) days before the contractual term of his franchise or selling agreement expires that the same will not be renewed, stating the specific grounds for such nonrenewal, in those cases where there is no intention to renew the same, and in no event shall the contractual term of any such franchise or selling agreement expire, without the written consent of the motor vehicle dealer involved, prior to the expiration of at least sixty (60) days following such written notice. Any motor vehicle dealer who receives written

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notice that his franchise or selling agreement is being terminated or cancelled or who receives written notice that his franchise or selling agreement will not be renewed, may, within such sixty-day notice period, file with the Commission a verified complaint for its determination as to whether such termination or cancellation or nonrenewal is unfair within the purview of this Act, and any such franchise or selling agreement shall continue in effect until final determination of the issues raised in such complaint, notwithstanding anything to the contrary contained in this Act or in such franchise or selling agreement. (iv) to resort to or use any false or misleading advertisement in connection with his or its business as such manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesaler branch or division, or officer, agent or other representative thereof. (v) to offer to sell or to sell any new motor vehicle to any motor vehicle dealer at a lower actual price therefor than the actual price charged to any other motor vehicle dealer for the same model vehicle similarly equipped or to utilize any device including, but not limited to, sales promotion plans or programs which results in such lesser actual price; provided, however, the provisions of this paragraph shall not apply to sales to a motor vehicle dealer for resale to any unit of government, Federal, State, or local. Provided, further, the provisions of this paragraph shall not apply to sales to a motor vehicle dealer of any motor vehicle ultimately sold, donated or used by said dealer in a driver education program. Provided, further, that the provisions of this paragraph shall not apply so long as a manufacturer, distributor or wholesaler, or any agent thereof, offers to sell or sells new motor vehicles to all motor vehicle dealers at the same price. This section shall not be construed to prevent the offering of volume discounts if such discounts are equally available to all franchised dealers in this State. (vi) to offer to sell to sell parts and/or accessories to any new motor vehicle dealer for use in his own business,

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for the purpose of repairing or replacing the same or a comparable part or accessory, at a lower actual price therefor than the actual price charged to any other new motor vehicle dealer for similar parts and/or accessories for use in his own business. Provided, however, it is recognized that certain motor vehicle dealers operate and serve as wholesalers of parts and accessories to retail outlets, and nothing herein contained shall be construed to prevent a manufacturer, distributor or wholesaler, or any agent thereof, from selling to a motor vehicle dealer who operates and serves as a wholesaler of parts and accessories, such parts and accessories as may be ordered by such motor vehicle dealer for resale to retail outlets, at a lower actual price than the actual price charged a motor vehicle dealer who does not operate or serve as a wholesaler of parts and accessories. (vii) to prevent or attempt to prevent by contract or otherwise any motor vehicle dealer from changing the capital structure of his dealership or the means by or through which he finances the operation of his dealership, provided the dealer at all times meets any capital standards agreed to between the dealership and the manufacturer, distributor or wholesaler, provided such standards are deemed reasonable by the Commission. (viii) to prevent or attempt to prevent by contract or otherwise any motor vehicle dealer or any officer, partner, or stockholder of any motor vehicle dealer from selling or transferring any part of the interest of any of them to any other person or persons or party or parties; provided, however, that no dealer, officer, partner or stockholder shall have the right to sell, transfer or assign the franchise or any right thereunder without the consent of the manufacturer, distributor or wholesaler; such consent shall not be unreasonably withheld. (4) For any manufacturer, distributor, wholesaler, factory branch or division, distributor branch, wholesaler branch or division, factory representative or distributor representative, after the granting or initating of an offer on a group of options on vehicles at a specific price for

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delivery to a dealer by a specified date, to withdraw said offer or fail or refuse to honor the terms thereof, after the dealer has submitted his order therefor. For purposes of this Act, the order of the dealer shall be considered as submitted upon it being deposited in the United States mail properly addressed to the manufacturer, distributor, wholesaler, factory branch or division, distributor branch, wholesaler branch or division, factory representative or distributor representative with adequate postage thereof. (5) For any manufacturer, distributor, wholesaler, factory branch or division, distributor branch, wholesaler branch or division, factory representative or distributor representative to own, operate, or control any motor vehicle dealership in a trade area of this State already served by a motor vehicle dealer under a franchise for the same line-make from such manufacturer, distributor, wholesaler, factory branch or division, distributor branch, wholesaler branch or division, factory representative or distributor representative provided that this Section shall not be construed to prohibit (1) the operation by a manufacturer, distributor, wholesaler, factory branch or division, distributor branch, wholesaler branch or division, factory representative or distributor representative of a dealership for a temporary period (not to exceed one year) during the transition from one owner or operator, or (2) the ownership or control of a dealership by a manufacturer, distributor, wholesaler, factory branch or division, distributor branch, wholesaler branch or division, factory representative or distributor representative during a period while such dealership is being sold under a bona fide contract or purchase option to the operator of the dealership, or (3) the ownership, operation or control of a dealership by a manufacturer, distributor, wholesaler, factory branch or division, distributor branch, wholesaler branch or division, distributor branch, wholesaler branch or division, factory representative or distributor representative if such manufacturer, distributor, wholesaler, factory branch or division, distributor branch, wholesaler branch or division, factory represenative or distributor representative has been engaged in the retail sale of motor vehicles through such dealership for a continuous period of three years prior to the effective

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date of this Section, and if the Commission determines, after a hearing on the matter at the request of any party, that there is no independent dealer available in the trade area to own and operate the franchise in a manner consistent with the public interest. Trade area is that area specified in the franchise agreement or determined by the Georgia Motor Vehicle Commission. (6) For a manufacturer, distributor, wholesaler, factory branch or division, distributor branch, wholesaler branch or division, factory representative or distributor representative to prevent or refuse to honor the succession to a dealership by a member of the family of a deceased or incapacitated dealer if the Commission determines, if requested in writing by such member of the family within 30 days after the death or incapacity of the dealer, and after a hearing on the matter, that the failure to permit or honor such succession is unreasonable under the circumstances; provided, however, that no member of the family may succeed to a franchise unless (1) the manufacturer has been given written notice as to the identity, financial ability and qualifications of the member of the family in question, and (2) the succession to the franchise will not involve, without the manufacturer's consent, a relocation of the business. (7) For a manufacturer, distributor, wholesaler, factory branch or division, distributor branch, wholesaler branch or division, factory representative or distributor representative to grant an additional franchise for a particular line-make of motor vehicle in any community or territory where a present franchised motor vehicle dealer is complying with the franchise or selling agreement and is providing adequate representation in the community or territory. The burden of proof in showing inadequate representation shall be on the manufacturer, distributor, wholesaler, factory branch or division, distributor branch, wholesaler branch or division, factory representative or distributor representative. (8) If the franchise or selling agreement is terminated or canceled, for a manufacturer, distributor, wholesaler,

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factory branch or division, distributor branch, wholesaler branch or division, factory representative or distributor representative, to fail or refuse to: (1) accept and make payment for the return of all parts in the dealer inventory which is in the current parts book for the current invoice price applicable to such parts plus such reasonable fee to the dealer for the shipping and handling of such returned parts, or (2) return to the dealer 50 percent of the cost of the dealer of all signs and other promotional materials, or (3) repurchase all special tools purchased from the manufacturer which are less than four years old at their reasonable fair market value. (b) Within ninety (90) days after the effective date of this Act, all persons who, on such effective date, are engaged in a business or occupation for which a license is required hereunder shall make application on forms prescribed by the Commission for their respective licenses. All such persons shall be permitted, without a license, to continue to engage in the business or occupation for which a license is applied for until the license is either granted or, in case it is denied, until the applicant has exhausted or has had an opportunity to exhaust all of his remedies provided under this Act. No person not engaged in a business or occupation requiring a license under this Act, on the effective date thereof, shall be permitted to engage in such business or occupation until he shall have first obtained a license under the provisions of this Act to engage in such business or occupation. (c) Applications for licenses required to be obtained under the provisions of this Act shall be verified by the oath or affirmation of the applicants and shall be on forms prescribed by the Commission and furnished to such applicants, and shall contain such information as the Commission deems necessary to enable it to fully determine the qualifications and eligibility of the several applicants to receive the license or licenses applied for. The Commission shall require such pertinent information consistent with the safeguarding of the public interest and public welfare. (d) The schedule of license fees to be charged and received

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by the Commission for the licenses issued hereunder shall be as follows: for each manufacturer, distributor, wholesaler, factory branch and division or distributor branch and division, and wholesaler branch and division, $25.00 for the initial license, and the sum of $10.00 for each annual renewal thereof. The Commission shall prescribe, by appropriate rules and regulations, the procedures for the issuance and renewal of licenses under this Act. (e) Any person, firm or corporation required to be licensed hereunder, who fails to make application for such license at the time required herein, shall, in addition to the aforesaid fees, pay interest at the rate of six percent (6%) per annum for the period of time during which he shall operate without a proper license, and in addition thereto, shall pay a penalty of fifty percent (50%) of the amount of the license fee, which said penalty, however, may be waived in whole or in part within the discretion of the Commission. (f) Each motor vehicle dealer shall register with the Commission within 90 days after the effective date of this Act in accordance with the rules and regulations promulgated by the Commission and shall pay to the Commission an initial registration fee of $25.00. New motor vehicle dealers shall also register and pay such fee within 90 days after commencing business. Thereafter, each motor vehicle dealer shall renew such registration annually and pay to the Commission a registration fee of $10.00. If any dealer shall fail to register and pay the fees herein provided, he shall have no standing before the Commission. Section 6. Denial, Revocation, or Suspension of License; Grounds. (a) The Commission may deny an application for a license, or revoke or suspend a license after it has been granted, for any of the following reasons: (1) For fraud practiced or any material misstatement made by an applicant in any application for license under the provisions of this Act. (2) For any wilful failure to comply with any provision

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of this Act or with any rule or regulation promulgated by the Commission under authority vested in it by this Act. (3) Change of condition after license is granted or failure to maintain the qualifications for license. (4) Continued or flagrant violation of any of the provisions of this Act or of any of the rules or regulations of the Commission. (5) Being a manufacturer, distributor, wholesaler, factory branch or division, distributor branch, wholesaler branch or division, factory representative or distributor representative, who, for the protection of the buying public, fails to specify in writing to each of its motor vehicle dealers licensed in this State the dealer's obligations for preparation, delivery and warranty service on its products, the schedule of compensation to be paid such dealers for parts, work, and service in connection with warranty service, and the time allowances for the performance of such work and service. In no event shall such schedule of compensation fail to include reasonable compensation for diagnostic work as well as repair service and labor. Time allowances for the performance of warranty work and service shall be reasonable and adequate for the work to be performed. In the determination of what constitutes reasonable compensation under this Section, the factors to be given consideration shall include, among others, the compensation being paid by other manufacturers to their dealers, the prevailing wage rates being paid by dealers, and the prevailing labor rate being charged by dealers, in the community in which the dealer is doing business. (6) For any manufacturer, distributor, wholesaler, factory branch or division, distributor branch, wholesaler branch or division, factory representative or distributor representative to fail to perform any of its warranty obligations with respect to a motor vehicle, to fail to assume all responsibility for any liability resulting from structural or production defects, or to fail to compensate its motor vehicle dealers licensed in this State for warranty parts, work, and service performed in good faith, in accordance

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with the schedule of compensation provided the dealer pursuant to subsection (a) above, or for legal costs and expenses incurred by such dealers in connection with warranty obligations for which the manufacturer, distributor, wholesaler, factory branch or division, distributor branch, wholesaler branch or division, factory representative or distributor representative is legally responsible. In the event there is a dispute between the manufacturer, distributor, wholesaler, factory branch or division, distributor branch, wholesaler branch or division, factory representative or distributor representative and the dealer with respect to any matter referred to in subsections (a) and (b) above, either party may petition the Commission in writing, within 30 days after either party has given written notice of the dispute to the other, for a hearing on the subject and the decision of the Commission shall be binding on the parties, subject to rights of judicial review and appeal as provided in section 7 of this Act. (7) For the Commission of any act prohibited by Section 5 of this Act, or the failure to perform any of the requirements of said section. (b) The revocation or suspension of the license of a manufacturer, factory branch or division, distributor, distributor branch or division, wholesaler, or wholesaler branch or division may be limited to: (1) One or more municipalities or counties; (2) The sales area of any dealer whose franchise is unfairly cancelled or terminated within the purview of this Act, or whose franchise is not renewed in violation of the provisions of this Act; provided, however, that where such a franchise is unfairly cancelled or terminated within the purview of this Act or is not renewed in violation of the provisions of this Act in a metropolitan area serviced by several motor vehicle dealers handling the same motor vehicles, the revocation or suspension shall not be applicable to the remaining motor vehicle dealers in such metropolitan area.

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Section 7. Hearings and Appeals. (a) The Commission shall not: (1) Deny an application for a license without first giving the applicant a hearing, or an opportunity to be heard, on the question of whether the applicant is qualified under the provisions of this Act to receive the license applied for. (2) Revoke or suspend a license without first giving the licensee a hearing, or an opportunity to be heard, on the question of whether there are sufficient grounds under the provisions of this Act upon which to base such revocation or suspension. (b) Any interested party shall have the right to have the Commission call a hearing for the purpose of taking action in respect to any matter within the Commission's jurisdiction by filing with the Commission a verified complaint setting forth the grounds upon which the complaint is based. (c) The Commission may, on its own motion, call a hearing for the purpose of taking action in respect to any matter within its jurisdiction. (d) When a hearing is to be held before the Commission, the Commission shall give written notice thereof to all parties whose rights may be affected thereby. The notice shall set forth the reason for the hearing and the questions or issues to be decided by the Commission at such hearing and the time when and the place where the hearing will be held. All such notices shall be mailed to all parties whose rights may be affected by such hearing by registered or certified mail, and addressed to their last known address. (e) All parties whose rights may be affected at any hearing before the Commission shall have the right to appear personally and by counsel, to cross-examine witnesses appearing against them, and to produce evidence and witnesses in their own behalf. The Commission shall make and keep a record of each such hearing and shall provide a transcript thereof to any interested party upon his request and at his

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expense. Testimony taken at all such hearings shall be taken either stenographically or by machine. (f) If any party who is notified of a hearing in accordance with the requirements of this Act fails to appear at such hearing, either in person or by counsel, then and in that event the Commission may make any decision and take any action it may deem necessary or appropriate with respect to any issue or question scheduled for hearing and decision by it at such hearing which affects or may affect the rights of such defaulting party. (g) All decisions of the Commission, with respect to the hearings provided for in this Section 7, shall be incorporated into orders of the Commission and spread upon its minutes. (h) The following procedure shall govern in taking and perfecting appeals: (1) Any person who is a party to any hearing before the Commission and who is aggrieved by any decision of the Commission with respect to any hearing before it shall have the right of appeal to the Superior Court of the county of such person's residence or principal place of business within this State, but if such person is a nonresident of the State, he shall have the right of appeal to the Superior Court of the resident of the opposing party, and if the opposing party is also a nonresident, the appeal shall be to the Superior Court of Fulton County, Georgia. All such appeals shall be taken and perfected within sixty (60) days from the date of the decision of the Commission which is the subject of the appeal, and the Superior Court to which such appeal is taken may affirm such decision or reverse and remand the same to the Commission for further proceedings as justice may require or dismiss such decision. All such appeals shall be taken and perfected, heard and determined, either in term time or in vacation, on the record, including a transcript of pleadings and evidence, both oral and documentary, heard and filed before the Commission. In perfecting any appeal provided by this Act, the reporter shall transcribe his notes, taken stenographically or by machine, and file the record with the Commission within thirty (30)

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days, unless, on application of the reporter, or of the appellant, an additional fifteen (15) days shall have been allowed by the Commission to the reporter within which to transcribe his notes and file the transcript of the record with the Commission. (2) It shall be the duty of the Commission, as promptly as possible, and in any event within sixty (60) days of filing of an appeal from the decision of the Commission, to file with the clerk of said Superior Court to which the appeal is taken, the original and one (1) copy of the transcript of the record of the proceedings and evidence before the Commission and the decision appealed from. (i) No decision of the Commission made as a result of a hearing under the provisions of this section 7 shall become final with respect to any party affected and aggrieved by such decision until such party shall have exhausted or shall have had an opportunity to exhaust all of his remedies provided by this Section 7; provided, however, any such decision may be made final if the Commission finds that failure to do so would be detrimental to the public interest or public welfare, but the finality of any such decision shall not prevent any party or parties affected and aggrieved thereby to appeal the same in accordance with the appellate procedure set forth in this section 7. (j) The Commission shall prescribe its rules of order or procedure in hearings or other proceedings before it under this Act; provided, however, that such rules of order or procedure shall not be in conflict or contrary to the provisions of this section 7. Section 8. Penalties. Every person guilty of a willful violation of any provision of this Act shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for not more than twelve (12) months, or by both such fine and imprisonment, and the revocation or suspension of a license pursuant to subsection 7 of section 6 of this Act.

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Section 9. Civil Damages. Any licensee suffering pecuniary loss because of any willful failure by any other licensee to comply with any provision of this Act or with any rule or regulation promulgated by the Commission under authority vested in it by this Act may recover reasonable damages and attorney fees therefor in any court of competent jurisdiction. Section 10. Severability. Should any section, subsection, word, clause, sentence, phrase, or part of this Act for any reason be held, deemed or construed to be unconstitutional or invalid, such decision shall not affect the remaining provisions of this Act, and the General Assembly hereby declares that it would have passed this Act, each section, subsection, clause, sentence, phrase, word or part thereof, irrespective of the fact that one or more of the sections, subsections, clauses, sentences, phrases, words or parts thereof be declared unconstitutional or invalid. If any provisions or items of this Act or the application thereof is held invalid, such invalidity shall not affect other provisions, items or applications of this Act which can be given effect without the invalid provisions, items or applications and to this end the provisions of this Act are hereby declared severable. Section 11. Effective Date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 12. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 28, 1974. ELECTRICITYPERSONS RESPONSIBLE FOR WORK DONE IN PROXIMITY OF HIGH-VOLTAGE LINES REDEFINED. No. 791 (House Bill No. 1629). An Act to amend an Act providing the precautions to be taken in proximity of high-voltage electric lines, approved

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March 7, 1960 (Ga. L. 1960, p. 181), so as to define for the purposes of said Act the term person or persons responsible for the work to be done; to repeal conflicting laws; to provide an effective date; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing the precautions to be taken in the proximity of high-voltage electric lines, approved March 7, 1960 (Ga. L. 1960, p. 181), is hereby amended by adding to and at the end of Section 1 thereof the following: `For the purposes of this Act, the person or persons responsible for the work to be done shall mean a person, firm or corporation, or agent of same, that physically operates, erects, handles, stores, or transports any tools, machinery, equipment, supplies, materials, or apparatus, or moves any house or other building or structure, or any part thereof, under, over, by or near high-voltage lines, or a person, firm or corporation, or agent of same, that employs and carries on its payroll any person that physically operates, erects, handles, stores, or transports any tools, machinery, equipment, supplies, materials, or apparatus, or moves any house or other building or structure, or any part thereof, under, over, by or near high-voltage lines. Person or persons responsible for the work to be done shall not, however, mean, or be construed to mean, a person, firm or corporation, or an employee, agent or contractor thereof, exempted under other provisions of this Act.' so that, when so amended, said section 1 shall read as follows: `For the purposes of this Act, high voltage lines shall mean an electric line or lines which are installed above ground level, having a voltage in excess of 750 volts between conductors or from any conductor to ground. For the purposes of this Act, the person or persons responsible for the work to be done shall mean a person, firm or corporation, or agent of same, that physically operates, erects, handles, stores, or transports any tools, machinery, equipment, supplies, materials, or apparatus, or moves any house or other building or structure, or any part thereof, under,

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over, by or near high-voltage lines, or a person, firm or corporation or agent of same, that employs and carries on its payroll any person that physically operates, erects, handles, stores, or transports any tools, machinery, equipment, supplies, materials, or apparatus, or moves any house or other building or structure, or any part thereof, under, over, by or near high-voltage lines. Person or persons responsible for the work to be done shall not, however, mean, or be construed to mean, a person, firm or corporation, or an employee, agent or contractor thereof, exempted under other provisiosn of this Act. Section 2. In the event any sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional by a Court of competent jurisdiction, such declaration or adjudication shall in no manner affect the other sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Section 4. This Act shall become effective upon its approval by the Governor or upon its otherwise becoming law without his approval. Effective date. Approved February 28, 1974. CAMPAIGN FINANCING DISCLOSURE ACT. No. 803 (Senate Bill No. 454). An Act to provide procedures for public disclosure of contributions and expenditures made in connection with

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campaigns for certain State offices; to provide a short title; to provide for a declaration of policy; to provide for definitions of terms; to provide that campaign contributions to candidates for certain offices may be made only to the candidate or to his campaign committee; to provide certain requirements for a campaign committee; to provide for the duties of a candidate for certain offices with respect to contributions personally accepted and to provide for the duties of the chairman and treasurer of a campaign committee supporting such candidate; to prohibit and provide for anonymous contributions; to provide for the filing of campaign disclosure reports by certain candidates and by officers of certain campaign committees; to provide for the investigation by the Attorney General of any apparent violations of this Act; to provide for the promulgation of rules and regulations; to provide for penalties for violations 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 as and may be cited as the Campaign Financing Disclosure Act. Section 2. Policy and Intent Declared. It is hereby declared to be the policy of the State of Georgia in furtherance of its responsibility to protect the integrity of the democratic process and to insure fair elections for the offices of Governor, Lieutenant Governor, Attorney General, Secretary of State, Comptroller General, Commissioner of Agriculture, State School Superintendent, Commissioner of Labor and Public Service Commission, and members of the Georgia House of Representatives and Georgia Senate, all county and municipal elected officials, to institute and establish a requirement of public disclosure of campaign contributions and expenditures relative to the seeking of such offices. Section 3. 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:

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(a) Election means a primary election, runoff election, special election or general election for the offices provided for in section 2. (b) Candidate means an individual who seeks nomination for election or election to any office provided for in Section 2, whether or not such an individual is elected, and a person shall be deemed to seek nomination or election if he has taken necessary action under the law of the State of Georgia to officially qualify himself for nomination for election or election, or has received contributions or made expenditures, or has given his consent for his campaign committee to receive contributions or make expenditures with a view to bringing about his nomination for election or election to such office. (c) Contribution means a gift, subscription, loan, forgiveness of debt, advance or deposit of money or anything of value conveyed or transferred for the purpose of influencing the nomination for election or election of any person for the offices provided for in section 2. (d) Expenditure means a purchase, payment, distribution, loan, advance, deposit or gift of money or anything of value made for the purpose of influencing the nomination for election or election of any person for the offices provided for in Section 2. (e) Person means an individual, partnership, committee, association, corporation, labor organization, or any other organization or group of persons. (f) Campaign Committee means the committee which accepts contributions or makes expenditures designed to bring about the election of an individual to any office provided for in section 2. (g) Campaign Financing Disclosure Report means a written report filed with the Secretary of State by a candidate or the Chairman or Treasurer of a campaign committee setting forth all contributions and expenditures of $101.00 or more including lesser amounts when the aggregate contribution

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or expenditure by or to a person is $101.00 or more in the aggregate for the calendar year in which the report is filed. Section 4. Contributions Made Only To Candidate Or Campaign Committee; Aggregating Contributions; Anonymous Contributions. (a) No contributions to bring about the nomination or election of a candidate for any office provided for in section 2 shall be made except directly to a candidate or to his campaign committee which is organized for the purpose of bringing about the nomination or election of any such candidate, which campaign committee shall have a Chairman and a Treasurer designated by the candidate. Each candidate shall have but one campaign committee for the purpose of maintaining records as required in Section 5 herein, and the filing of reports as required in Section 6 herein. Before a campaign committee accepts any contributions, the candidate shall file the name and address of his Chairman and Treasurer with the Secretary of State. No contributions shall be made except to the candidate or his campaign committee. No contributions shall be accepted by or on behalf of the campaign committee at a time when there is a vacancy in the office of Chairman or Treasurer thereof. (b) Where separate contributions of less than $101.00 are knowingly received from a common source, they shall be aggregated annually for reporting purposes. For purposes of fulfilling this requirement, members of the same family, firm or partnership, or employees of the same person, as hereinabove defined, shall be considered to be a common source. (c) The making and acceptance of anonymous contributions are hereby prohibited. Any anonymous contributions received by a candidate or campaign committee shall be transmitted to the Director of the Fiscal Division of the Department of Administrative Services for deposit in the State Treasury and the fact of such contribution and transmittal shall be reported to the Secretary of State.

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Section 5. Record of Contributions and Expenditures. It shall be the duty of the Chairman or Treasurer of any campaign committee which accepts contributions or makes expenditures on behalf of a candidate for the offices provided for in Section 2 to keep a detailed and exact account of: (1) The amounts of all contributions made to the campaign committee. (2) The name and mailing address of every person making any contributions and the amount of such contributions. (3) All expenditures made by the candidate or the campaign committee of $101.00 or more in amount and for any such expenditure of a lesser amount if the aggregate amount of such expenditure to the same person during a calendar year exceeds $101.00. (4) The name and mailing address of every person to whom any expenditure exceeding $101 is made and the amount thereof. Section 6. Campaign Financing Disclosure Reports To Be Filed. The Chairman or Treasurer of every campaign committee organized to bring about the nomination of a candidate for any office provided for in Section 2 shall file with the Secretary of State Campaign Financing Disclosure Reports listing the following: (a) The amount, name and mailing address of any person contributing $101.00 or more in the aggregate during the twelve months preceding the date on which the report is filed including the purchase of tickets for events such as dinners, luncheons, rallies and similar fund raising events within said period in the aggregate amount of $101.00 or more. (b) The name and mailing address of any person to whom an expenditure of $101.00 or more is made and the amount of such expenditure, and the name and address of any person to whom a lesser amount is paid and such amount, if the aggregate amount of such expenditure to the same person

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during the 12-months period preceding the date on which the report is filed, is $101.00 or more. Such campaign financing disclosure reports shall be filed 45 days and 15 days before the primary election, and 10 days after the primary election. Candidates in a general election campaign shall make such reports 15 days prior to the general election campaign and all campaign candidates shall make a final campaign disclosure report no later than December 31 of the year in which the election occurs. A report or statement required to be filed by this Section shall be verified by the oath or affirmation of the person filing such report or statement taken before an officer authorized to administer oaths. After the initial report is filed hereunder, it shall not be necessary in subsequent reports to list contributions and expenditures which were listed in previous reports. Where a candidate or campaign committee has accepted contributions or made expenditures prior to the effective date of this Act, the reports required by this Section shall include such information as the records of the candidate or his committee show, and such information as is otherwise known to the candidate or members of his committee, regarding such prior contributions and expenditures. Section 7. Candidate To File When Funds Received And Expenditures Made Personally. In the event a candidate for any office provided for in Section 2 receives any contributions or makes any expenditures in a personal capacity rather than directing such contributions and expenditures to and by his campaign committee, then such candidate must keep the records described in Section 5 of this Act and file the reports described in Section 6 of this Act. Section 8. Reports Available For Public Inspection. It shall be the duty of the Secretary of State to make the campaign financing disclosure reports filed with him available for public inspection and copying during regular office hours commencing as soon as practicable after such filing. The Secretary of State shall preserve such reports for a period of five (5) years from the date upon which they

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are received. The Secretary of State may promulgate rules and regulations to carry out the provisions of this Act. Section 9. State Campaign Ethics Commission. There is hereby created the State Campaign Ethics Commission consisting of five members. One member shall be appointed by the Governor, one shall be appointed by resolution of the Senate, and one shall be appointed by resolution of the House of Representatives. The three members thus appointed shall meet, and by majority vote, appoint two other members who shall not be members of the same political party, and one of the five members shall be elected by the commission members to serve as chairman. No person holding public office or employment, and no person formerly holding public office or employment within the past two years, shall be a member of the Commission. All members must be confirmed by the Senate. Terms of members shall be five years, except that, of the initial members, the Governor's appointee shall have a term ending the third Monday in February, 1975; the first appointee selected by the three commission members shall have a term ending the third Monday in February, 1976; the second apointee selected by the three commission members shall have a term ending the third Monday in February, 1977; the appointee of the House of Representatives shall have a term ending the third Monday in February, 1978; and the appointee of the Senate shall have a term ending the third Monday in February, 1979. Each member shall hold office until his successor is appointed and qualified. A vacancy shall be filled in the same manner as the appointment for which the vacancy exists was made. Section 9A. Duties and Powers. The Commission shall have the following duties and powers: (a) The Commission shall make rules as are necessary to administer this Act and to carry out its duties under this Act. (b) The Commission shall receive and review documents filed with it, and shall make such documents available for review by any interested citizen of this State.

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(c) Upon request from the appropriate prosecutorial officers of any State court, the Commission shall make such documents available to the appropriate prosecutorial officers of any State court. (d) The Commission annually shall make a report to the General Assembly covering its activities and recommending legislation to improve public confidence in government. Section 10. Penalties. Any person who knowingly violates any of the provisions of this Act shall be subject to fine of not more than $5,000.00 or imprisonment of not more than one (1) year or both. Section 11. Effective Date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 12. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 5, 1974. ARCHITECTSPRACTICE REDEFINED, ETC. Code Chapter 84-3 Amended. No. 804 (Senate Bill No. 646). An Act to amend Code Chapter 84-3, relating to architects, as amended by an Act approved March 27, 1941 (Ga. L. 1941, p. 310), an Act approved February 15, 1952 (Ga. L. 1952, p. 457), an Act approved March 9, 1955 (Ga. L. 1955, p. 602), an Act approved April 5, 1961 (Ga. L. 1961, p. 462), an Act approved April 9, 1963 (Ga. L. 1963, p. 383), an Act approved April 1, 1971 (Ga. L. 1971, p. 374), an Act approved April 10, 1971 (Ga. L. 1971, p. 836), an Act approved March 27, 1972 (Ga. L. 1972, p. 545), and an Act approved April 3, 1972 (Ga. L. 1972, p. 744), so as to

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change the provision defining the practice of architecture; to provide for the practice of architecture by firms, partnerships, and corporations under certain conditions; to provide for an annual certification of such firms, partnerships, and corporations; to authorize the Board to provide the form for such certification; to change the provisions for qualifications and character of applicants for registration as architects; to change the provisions for rules and regulations of the Board; to change the provision for fees for examination and certificates; to repeal Code section 84-315, relating to the use of the title architect; to repeal Code section 84-316, relating to legally practicing architects; to change the provision for renewal of certificates; to change the provisions for revocation of certificates; to provide for suspension of certificates; to repeal Code section 84-320, relating to proceedings for revocation of certificate and service of charges, in its entirety; to change the provisions relative to employees of registered architects, professional engineers, and others; to change the provision for injunction of illegal practices; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 84-301, relating to architects, as amended by an Act approved March 27, 1941 (Ga. L. 1941, p. 310), an Act approved February 15, 1952 (Ga. L. 1952, p. 457), an Act approved March 9, 1955 (Ga. L. 1955, p. 602), an Act approved April 5, 1961 (Ga. L. 1961, p. 462), an Act approved April 9, 1963 (Ga. L. 1963, p. 383), an Act approved April 1, 1971 (Ga. L. 1971, p. 374), an Act approved April 10, 1971 (Ga. L. 1971, p. 836), an Act approved March 27, 1972 (Ga. L. 1972, p. 545), and an Act approved April 3, 1972 (Ga. L. 1972, p. 744), is hereby amended by striking Code section 84-301 in its entirety and substituting in lieu thereof a new Code section 84-301 to read as follows: 84-301. Practice of architecture and building defined. The practice of architecture within the meaning of this Act consists of rendering or offering to render service, hereinafter described, in connection with the design of any building or group of buildings or the design of alterations or additions

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thereto. The services referred to hereinabove include consultation, planning, analyses, preliminary studies, designs, drawings and specifications, architectural administration of construction contracts and any other function in connection with such services. A `building' for the purpose of this Act is any structure consisting of foundation, floors, walls, columns, girders, beams and roof or a combination of any number of these parts, with or without other parts or appurtenances. Code 84-301 amended. Section 2. Said Code Chapter is further amended by striking Code section 84-302 in its entirety and substituting in lieu thereof a new Code section 84-302 to read as follows: 84-302. Certificate of qualification to practice under title of architect. An architect within the meaning of this Act is an individual technically and legally qualified to practice architecture and who is authorized under this Act to practice architecture. Any person wishing to practice architecture who prior to the passage of this Act shall not already have been registered to practice architecture in the State of Georgia shall before being entitled to be known as an architect qualify as required under the provisions of section 84-303 of this Act. The renewal of certificates of registration issued to architects registered prior to July 1, 1974 shall be subject to the provisions of this Act. Except as otherwise provided in this Act, no person shall practice architecture in the State of Georgia or use the title `architect' or `registered architect' or any words, letters, figures, or any other device indicating or intending to imply that he or she is an architect without having qualified as required by this Act. No firm, partnership, corporation, or other similar organization shall be registered as architects. Firms, partnerships, and corporations may practice architecture as defined by this Act and perform the services heretofore enumerated common to the practice of architecture, provided that all such work and services are performed under the personal direction of an architect registered in Georgia who is, in the case of a corporation, a director, and in the case of a partnership, a partner, and provided further that the administration of construction contracts shall be under the personal direction of said registered architects

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and that such plans, drawings and specifications shall be prepared under the personal direction of such registered architects and bear their individual signatures and seals. Every firm, partnership, and corporation performing architectural services as described herein shall submit, as required by the rules of the Board, a certification in a form provided by the Board in which information concerning the firm, partnership, or corporation engaged in the practice of architecture shall be fully set forth. Code 84-302 amended. Section 3. Said Code Chapter is further amended by striking Code section 84-303 in its entirety and substituting in lieu thereof a new Code section 84-303 to read as follows: 84-303. Qualifications, age and character of applicant for registration as architect. Examinations by Board. Any person being at least twenty-one years of age, may apply through the Joint-Secretary, State Examing Boards, to the State Board for Examination, Qualification and Registration of Architects for such examinations as shall be requisite for such certification under this Chapter if qualified as set forth in subsection (a) of this Section or any person may apply for a certificate of registration if qualified as set forth in subsection (b) of this section. No person shall be eligible for registration as an architect who has been found guilty by the Board of any of the acts set forth herein for which an architect's certificate might be revoked or suspended, unless that individual establishes to the satisfaction of the Board that he has fully reformed. Code 84-303 amended. (a) The candidate for examination shall submit to the said Board satisfactory evidence of the qualifications set forth under paragraphs (1) or (2) of this subdivision. The examinations shall be the written examinations prepared in accordance with the outline prescribed by the National Council of Architectural Registration Boards. (1) A Professional Degree in Architecture from a school or college approved by the National Architectural Accrediting Boards and at least three years' practical experience as the Board, by rules and regulations uniformly applied, shall deem appropriate. An advanced degree in architecture from

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a school or college approved by the National Architectural Accrediting Board may be accepted for a maximum of one (1) year of the required practical experience. (2) A minimum of ten years' practical experience, including academic training, subsequent to completion of the high school course or the equivalent thereof, as the Board, by rules and regulations uniformly applied, shall deem appropriate. Applicants that qualify under this paragraph shall first be admitted to the Equivalency Examination and, upon satisfactory completion thereof, shall be admitted to the Professional Examination. Within two (2) years from the date this paragraph becomes law, any applicant who shall attain eight (8) years' practical experience, including academic training, as the Board, by rules and regulations uniformly applied shall deem appropriate, shall, if otherwise qualified, be permitted to take the examinations set forth in this paragraph. (b) The applicant for a certificate of registration shall meet the experience requirements set forth in (a) (1) or (a) (2) above, shall hold a `Council Certificate' and a certificate of registration in the County, State or Territory of residency, both of which shall be in good standing. Such application must be accompanied by a `Council Record' prepared by the National Council of Architectural Registration Boards and such other evidence as the Board may require. The said Board may require applicants under subdivision (b) to appear before the board and to furnish satisfactory evidence of knowledge of professional practice. Section 4. Said Code Chapter is further amended by striking Code section 84-307 in its entirety and substituting in lieu thereof a new Code section 84-307 to read as follows: 84-307. Rules and regulations of the Board; meetings for examining applicants for registration. The Board shall adopt all necessary rules, regulations and standards of conduct, not inconsistent with this Act and the Constitution and laws of this State and of the United States, to carry

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out the provisions of this Act and to safeguard life, health and property. At least two meetings shall be held each year for the purpose of examination for registration. Code 84-307 amended. Section 5. Said Code Chapter is further amended by striking Code section 84-313 in its entirety and substituting in lieu thereof a new Code section 84-313, to read as follows: 84-313. Fees for examination and certificates. The fee to be paid to the Joint-Secretary for examinations, certificate of registration, certification of registration, restoration of an expired certificate of registration, renewal of certificate of registration, and certificate of registration of a person who is an architect registered or licensed under the laws of another country, state or territory under subdivision (b) of section 84-303, shall be as set forth in the rules of the Board. Code 84-313 amended. Section 6. Said Code Chapter is further amended by striking Code section 84-315, relating to the use of the title architect, and Code section 84-316, relating to legally practicing architects, in their entirety. Code 84-315, 814-316 repealed. Section 7. Said Code Chapter is further amended by striking Code section 84-318 in its entirety and substituting in lieu thereof a new Code section 84-318, to read as follows: 84-318. Renewal of certificate. Every registered architect who shall desire to continue the practice of his profession shall, prior to July 1 in the years designated in the rules of the board, renew his certificate of registration, and pay to the Joint-Secretary, State Examining Boards, the renewal fee required by section 84-313. A person who shall fail to renew his certificate of registration by the date established by the rules of the board, may not thereafter renew his certificate except upon payment to the Joint-Secretary of the fees required by section 84-313 and the filing of evidence as the Board may require, to show proof of his present qualifications for certificate renewal. Code 84-318 amended. Section 8. Said Code Chapter is further amended by striking Code section 84-319 which reads as follows:

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84-319. Revocation of certificate; grounds; hearing.The State Board for Examination, Qualification and Registration of Architects may revoke any certificate after 30 days' notice, with grant of hearing to the holder thereof, if proof satisfactory to the said Board shall be presented, in the following cases: (a) When it is shown that the certificate was obtained through fraud or misrepresentation. (b) When the holder of the certificate has been found guilty by the Board or by a court of justice of any fraud or deceit in his professional practice, or has been convicted of a felony by a court of justice. (c) When the holder of the certificate has been found guilty by the said Board of gross incompetency or of recklessness in the planning or construction of buildings. (d) When it is proved to the satisfaction of the said Board that the holder of the certificate is an habitual drunkard or is habitually addicted to the use of morphine, opium, cocaine, or other drug having a similar effect. (e) When the holder of the certificate has been found guilty by the said Board of permitting the use of his seal by any firm, company, partnership, association, or corporation without complying with the provisions of section 84-302 as to his personal direction and supervision of architectural services performed by such firm, company, partnership, association, or corporation., and substituting in lieu thereof a new Code section 84-319 to read as follows: 84-319. Suspension or Revocation of Certificate; Grounds; Hearings. The State Board for Examination, Qualifications and Registration of Architects shall have the power to suspend or revoke the certificate of registration or reprimand any registrant who is found guilty of the following: Code 84-319 amended.

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(a) the commission of any fraud, deceit or misrepresentation in obtaining a certificate of registration; (b) any gross negligence, incompetence, unprofessional conduct, or recklessness in his professional practice; (c) permitting the use of his seal by any firm, partnership, or corporation without complying with the provisions of section 84-302 as to his personal direction and supervision of architectural services performed by such firm, partnership, or corporation; (d) the conviction by any court of record of the United States of any act which would constitute a felony or a crime involving moral turpitude in the State of Georgia or a plea of nolo contendere to any such charge; (e) any violation of the provisions of this Chapter or any rule, regulation or standard of conduct promulgated by the Board pursuant to the powers conferred upon it by this Chapter. Prior to revoking or suspending a registrant's certificate, the Board shall provide for a hearing into the charges against the registrant. The Board shall issue a notice of hearing to the registrant in compliance with the Georgia Administrative Procedure Act at least ten days prior to the hearing. The hearing will be conducted in accordance with the procedures set forth in the Georgia Administrative Procedure Act and this Chapter. Section 9. Said Code Chapter is further amended by striking Code section 84-320, relating to proceedings for revocation of certificate and service of charges, in its entirety. Code 84-320 repealed. Section 10. Said Code Chapter is further amended by striking Code section 84-321 in its entirety and substituting in lieu thereof a new Code section to read as follows: 84-321. Employees of registered architects, professional engineers and others. In order to safeguard life and

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property no person shall be allowed to practice architecture unless he has the qualifications and competency required by this Chapter. Nothing contained in this Chapter shall prevent draftsmen, students, project representatives, administrators and other employees of those lawfully practicing as registered architects under the provisions of this Chapter, from acting under the instructions, control or direction of their employers. No person shall be required to register as an architect in order to make plans and specifications for or supervise the erection, enlargement, or alteration of any building upon any farm for the use of any farmer, or any one or two-family residence buildings, regardless of cost, or any domestic out-building appurtenant to any such one or two-family residences regardless of cost, or of any other type building costing less than $50,000.00 (except schools, auditoriums, or other buildings intended for the mass assemblage of people or group housing projects whether they be single, double or multi-family). Nor shall anything in this Chapter be held to prevent registered professional engineers or their employees or subordinates under their responsible supervising control from performing architectural services which are purely incidental to their engineering practice, provided, however, that registered architects or their employees or subordinates under their responsible supervising control may perform engineering services which are purely incidental to their architectural practice. However, no professional engineer shall practice architecture or use the designation `architect' or any term derived therefrom unless registered under this Chapter, and no architect shall practice professional engineering or use the term `engineer' or any term derived therefrom unless he also is qualified and registered as such engineer as provided by law. Otherwise any person who shall be engaged in the planning or design for the erection, enlargement or alteration of any building or group of buildings for others, or furnishing architectural administration of construction contracts thereof shall be deemed to be practicing architecture and be required to register under this Chapter, and to secure all renewals of such registration as conditioned precedent to his so doing. The term `building' in this Chapter shall be as defined under section 84-301. Code 84-321 amended.

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Section 11. Said Code Chapter, as amended, particularly by Section 5 of an Act approved March 9, 1955 (Ga. L. 1955, p. 602), is further amended by striking Code section 84-321-(a) in its entirety and substituting in lieu thereof a new Code section, to be designated Code section 84-322, to read as follows: 84-322. Injunction of illegal practices; petition by Board. As cumulative of any other remedy or criminal prosecution, whenever it shall appear to the Georgia State Board for Examination, Qualification and Registration of Architects that any person, firm, partnership, or corporation is or has been violating any of the provisions of this Chapter, or the lawful rules, regulations or orders of the Board, or any of the laws of the State of Georgia relating to the practice of architecture, said Board may on its own motion file an equitable petition in its own name in the superior courts of this State, alleging the facts, and praying for a temporary restraining order, an injunction and permanent injunction against such person, firm, partnership, or corporation, restraining him from violating such law, order, rule or regulation, and upon proof of such facts the said court shall issue such restraining order, injunction and permanent injunction without requiring allegation or proof that the petitioner therefor has no adequate remedy at law. Code 84-322 amended. Section 12. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 5, 1974. GEORGIA STATE FINANCING AND INVESTMENT COMMISSION ACT AMENDED. Code Chapter 87-1 Amended. No. 815 (Senate Bill No. 625). An Act to amend an Act approved April 13, 1973 (Ga. L. 1973, p. 750), and known as the Georgia State Financing

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and Investment Commission Act; to declare the Georgia State Financing and Investment Commission to be an agency and instrumentality of the State of Georgia; to provide that appropriations for general obligation debt will not immediately lapse if only a portion of the debt authorized by the General Assembly is issued by the Georgia State Financing and Investment Commission; to provide for the Attorney General to act as counsel and receive reimbursement therefor; to provide for specific repeal of those Sections of Chapter 87-1 of the Code of Georgia of 1933 relating to State debt, in general, which are covered by the Georgia State Financing and Investment Commission Act, approved April 13, 1973; to provide for an effective date; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act approved April 13, 1973 (Ga. L. 1973, p. 750), and known as the Georgia State Financing and Investment Commission Act is hereby amended by striking subsection a of section 2 and inserting in lieu thereof the following subsection a: a. `Commission' shall mean the Georgia State Financing and Investment Commission, created by an 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 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, the Attorney General, the State Treasurer and the Commissioner of Agriculture and hereby declared an agency and instrumentality of the State of Georgia. Section 2. Said Act is further amended by striking the first paragraph of section 4a and inserting in lieu thereof the following paragraph: 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

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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 debt in any fiscal year for any purpose 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 requirements for such debt coming due in any succeeding fiscal year. On or prior to the end of such fiscal year, the Commission shall certify to the Fiscal Officer of the State (i) the amount of the appropriation for any purpose which has been transferred to the Sinking Fund; and (ii) the amount of the anticipated highest annual debt service requirement of debt authorized to be issued in such fiscal year for any purpose by resolution of the Commission but which actually will be incurred in the next succeeding fiscal year. The remaining appropriation for any purpose, after deducting the aggregate amounts under (i) and (ii) hereof, shall lapse, except that any such amount attributable to an appropriation to general obligation debt for the construction, and improvement of public roads and bridges shall not be lapsed but shall be paid to the Department of Transportation. Section 3. Said Act is further amended by inserting in section 5, following subsection i, a new subsection j to read as follows: j. Legal Services. The Attorney General shall provide legal services for the Commission and in connection therewith, the provisions for reimbursement for legal services of Ga. L. 1969, p. 484, as now existing or as hereafter amended, shall be fully applicable, provided, however that the Chairman of the Commission shall be the one to provide the advance approval for the amount of such services and expenses.

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Section 4. Said Act is hereby further amended by striking section 11 of said Act in its entirety and inserting in lieu thereof the following: Section 11. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed, including specifically but not with limitations the following sections of Chapter 87-1 of the Code of 1933 relating to State debt, in general: Code section 87-101, relating to the authentication of State bonds and certificates; Code section 87-102, relating to the amount and payment of State bonds; Code section 87-103, relating to the signing of coupons by the State Treasurer; Code section 87-104, relating to the payment of coupons; Code section 87-105, relating to the place of payment of such debt; Code section 87-106, relating to the exchange of bonds payable out of the State; Code section 87-107, relating to the reissuance of exchanged bonds; Code section 87-109, relating to how new bonds are obtained; Code section 87-112, relating to the disposition of bonds paid; Code section 87-113, relating to appropriations for bonded debt; Code section 87-114, relating to the application of surplus funds in the State Treasury for retirement of bonds; Code section 87-115, relating to the redemption of bonds before due; Code section 87-116, relating to the registration of State bonds; and Code section 87-117, relating to the keeping of a book of registration. Code Chapter 87-1 amended. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Section 6. This Act shall become effective upon its approval by the Governor or upon its otherwise becoming law. Effective date. Approved March 12, 1974. GEO. L. SMITH II GEORGIA WORLD CONGRESS CENTER ACT. No. 816 (Senate Bill No. 681). An Act to amend an Act creating the Executive Board of the Georgia World Congress Center, approved March 16, 1972

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(Ga. L. 1972, p. 245), as amended by an Act approved April 13, 1973 (Ga. L. 1973, p. 666), so as to provide a short title; to change the name of the Executive Board of the Georgia World Congress Center; to reconstitute and continue the Executive Board of the Georgia World Congress Center as an authority; to provide for membership of the Authority; to provide definitions; to provide for powers and the assumption of powers; to ratify prior actions of the Executive Board of the Georgia World Congress Center and the Department of Community Development regarding the planning of the Georgia World Congress Center, including site selection; to provide that the Authority shall proceed immediately to cause the George L. Smith II Georgia World Congress Center to be constructed; to provide for exemption from taxation; to provide for venue and jurisdiction of actions; to provide for acceptance of funds; to provide for monies received to be considered trust funds; to provide for the use of revenues, rents and earnings; to provide for rules and regulations; to provide for the Attorney General to act as counsel; to provide for powers to be supplemental and additional; to provide for liberal construction; to provide for audits; 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), as amended by an Act approved April 13, 1973 (Ga. L. 1973, p. 666), is hereby amended by striking sections 1, 1A, 2, 2A, 2B, 3 and 4 in their entirety and inserting in lieu thereof the following: Section 1. Short Title. This Act may be cited as the `Geo. L. Smith II Georgia World Congress Center Act.' Section 2. Geo. L Smith II Georgia World Congress Center Authority; Creation. The Executive Board of the Georgia World Congress Center heretofore created is hereby reconstituted, enlarged and re-created as a body corporate and politic to be known as the `Geo. L. Smith II Georgia

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World Congress Center Authority' which shall be deemed to be an instrumentality of the State of Georgia and a public corporation and by that name, style and title, said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The Authority shall consist of twenty members as follows: The President of the Senate shall appoint three Senators for terms of office of six years each; the Speaker of the House of Representatives shall appoint three members of the House of Representatives for terms of six years each. A vacancy shall occur in the office of a legislative member of the Authority when he ceases to be a member of the General Assembly, and such vacancy shall be filled in the manner provided hereinafter for filling vacancies. The Governor shall appoint four members of the Authority from the remaining present members of the Executive Board of the Georgia World Congress Center who shall continue to serve for the terms for which they were appointed to such Executive Board. Their successors shall be appointed by the Governor from the general public for terms of six years each. Ten members of the Authority shall be appointed by the Governor from the Board of Community Development and their terms on the Authority shall be concurrent with their terms on the Board of Community Development. All successors shall be appointed in the same manner as original appointments. Vacancies in office shall be filled in the same manner as original appointments. An appointment to fill a vacancy shall be for the unexpired term. The Authority shall elect its own officers. Eleven members of the Authority shall constitute a quorum. No vacancy on the Authority shall impair the right of the quorum to exercise all rights and perform all duties of the Authority. The members of the Authority shall be entitled to and shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The Authority shall make rules and regulations for its own government. The Authority shall have perpetual existence. Any change in name or composition of the Authority shall in no way affect the vested rights of any person under the provisions of this Act or impair the obligations of any contracts existing under this Act.

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Section 3. Definitions. As used in this Act, the following words and terms shall have the following meanings: (a) The word `Authority' shall mean the Geo. L. Smith II Georgia World Congress Center Authority. (b) The word `Project' shall be deemed to mean a comprehensive international trade and convention center and meeting facility with exhibit space capable of handling large trade groups, a Georgia Hall to be a world showcase for displaying exhibits of Georgia's counties, municipalities, industries and attractions, and to promote the agricultural, historic, recreational and natural resources of the State of Georgia, individual meeting rooms with simultaneous translation facilities for several languages, and other related facilities for cultural, political, musical, educational and other events, including, without limitation, refreshment stands and restaurants, and facilities for the purveying of foods, beverages, publications, souvenirs, novelties and goods of all kinds, whether operated or purveyed directly or indirectly through concessionaries, licensees, or lessees or otherwise, and parking facilities and parking areas in connection therewith. The project shall be located in the City of Atlanta and will be known as the `Geo. L. Smith II Georgia World Congress Center'. As used herein, the term `Geo. L. Smith II Georgia World Congress Center' shall include and refer to the same project formerly known as the `Georgia World Congress Center'. (c) The term `cost of the project' shall embrance the cost of construction, the cost of all lands, properties, rights, easements and franchises acquired, the cost of all machinery and equipment, financing charges, interest prior to and during construction, and for one year after completion of construction, cost of engineering, architectural and legal expenses, and of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expense, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing

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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 general obligation bonds issued by the State of Georgia or such other bonds or obligations as may be issued by any authority or agency of the State of Georgia. Section 4. Powers. The Authority shall have powers: (a) To have a seal and alter the same at pleasure; (b) To acquire by purchase, lease or otherwise, and to hold, lease and dispose of real personal property of every kind and character for its corporate purposes; (c) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights of easement 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 any person with respect to the use of or disposal of the same in any manner it deems to the best advantage of the Authority, and no property shall be acquired under the provisions of this Act upon which any lien or other encumbrance exists, unless at the time such property 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 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 for the Authority as part of the consideration for the operation of the project by the Authority; (d) To appoint and select officers, agents and employees, including engineering, architectural and construction experts and fiscal agents, and fix their compensation; (e) To make contracts, leases and to execute all instruments necessary or convenient, with any person, including

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contracts for operation, management and maintenance of the project and leases and other contracts with respect to the use and operation of the project facilities and any and all political subdivisions, departments, institutions or agencies of the State are hereby authorized to enter into contracts, leases, or agreements with the Authority upon such terms and for such purposes as they deem advisable; provided, however, no contract for the operation, management or maintenance shall be with any State department, agency or authority; (f) To plan, construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate and manage the project, as hereinabove defined, to be located on property owned by or leased by the Authority in the City of Atlanta, Georgia, the cost of any such project to be paid in full or in part from the proceeds of general obligation bonds issued by the State of Georgia or from such proceeds and any grant from the United States of America or any agency or instrumentality thereof; (g) To accept loans or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may impose; (h) To borrow money for any of its corporate purposes and to provide for the payment of the same, as may be permitted under the Constitution and laws of the State of Georgia; (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 contract with the Georgia State Financing and Investment Commission for the construction of the project as provided for in the Georgia State Financing and Investment Commission Act as it now exists or may hereafter be amended; or to contract with other authorities, departments,

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or agencies of the State of Georgia for the construction of the project; and (k) To do all things necessary or convenient to carry out the powers expressly given in this Act; and (l) The Authority shall not be authorized to expend State funds in excess of $35,000,000, excluding interest and debt service, for the construction of the Geo. L. Smith II Georgia World Congress Center, and shall not be authorized to expend any State funds for the maintenance or operation of the facility; and (m) The Authority may elect whether or not to use the Construction Division of the Georgia State Financing and Investment Commission in connection with the construction of this project. Any other provision of law to the contrary notwithstanding, the construction of the project may be accomplished by the use of private parties selected by the Authority to design and build the project according to criteria set by the authority. Section 5. Assumption of Powers. The Authority is hereby authorized to assume from the Department of Community Development such future responsibility in connection with the acquisition, construction and contracting for the operation of the Geo. L. Smith II Georgia World Congress Center as said Authority and Department may agree by contract, and the Department of Community Development is hereby authorized to transfer to the Geo. L. Smith II Georgia World Congress Center Authority any and all contracts, plans, documents or other papers of said Department relating to the Geo. L. Smith II Georgia World Congress Center, together with any and all funds heretofore appropriated to it for the Geo. L. Smith II Georgia World Congress Center other than appropriations made specifically for debt service purposes. All actions heretofore taken by the Executive Board of The Georgia World Congress Center and the Department of Community Development regarding the planning and financing of the Geo. L. Smith II Georgia World Congress Center, including site selection, are hereby expressly ratified by this General Assembly and all resolutions and actions

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taken with respect to such planning, including site selection, and the financing of the Geo. L. Smith II Georgia World Congress Center shall remain in effect and shall not be affected by any provisions of this Act or by any action of the Authority. Section 6. Exemption from taxation; covenant of State. It is hereby found, determined and declared that the creation of the Authority in the carrying out of its corporate purpose is in all respects for the benefit of the people of this State and is a public purpose and that the Authority will be performing an essential governmental function in the exercise of the powers conferred upon it by this Act and this State covenants that the Authority shall be required to pay no taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession or supervision or upon its activities in the operation or maintenance of the facilities erected, maintained or acquired by it or any fees, rentals or other charges for the use of such facilities or other income received by the Authority. Provided, however, in no event shall the exemptions granted herein extend to any lessee or other private person or entity. Section 7. Immediate Commencement of Preparation of Architectural and Engineering Plans. The Authority shall proceed immediately to cause the Geo. L. Smith II Georgia World Congress Center to be constructed and pending the receipt of $35,000,000 to be obtained from proceeds of general obligation debt authorized by an act approved April 19, 1973, (Ga. L. 1973, p. 1353), the Authority may use for preliminary planning funds $200,000 appropriated to the Department of Community Development by an Act approved April 19, 1973 (Ga. L. 1973, p. 1353), and with such funds the Authority shall immediately commence the preparation of architectural and engineering designs, plans, and specifications for the Geo. L. Smith II Georgia World Congress Center. Said $200,000 shall be repaid to the State Treasury from the proceeds of such general obligation bonds. Section 8. Venue and Jurisdiction. Any action to protect or enforce any rights under the provisions of this Act shall be brought in the Superior Court of Fulton County, Georgia,

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and such court shall have exclusive, original jurisdiction of such actions. Section 9. Acceptance of Funds and Contributions. The Authority in addition to the monies received from the collection of revenues, rents, and earnings derived under the provisions of this Act, or from the Department of Community Development, shall have authority to accept from any federal agency grants for or in aid of the construction of any project, and to receive and accept contributions from any source of either money or property or other things of value to be held, used and applied only for the purposes for which such grants or contributions may be made. Section 10. Monies received considered trust funds. All monies received pursuant to the authority of this Act whether as grants or other contributions, or as revenues, rents and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act. Section 11. Revenues, rents and earnings; use. The Authority is hereby authorized to fix rentals and other charges which any user, exhibitor, concessionaire, franchisee, or vendor shall pay to the Authority for the use of the project or part thereof or combination thereof, and to charge and collect the same and to lease and make contracts with political subdivisions and agencies, with respect to use of any part of the project. Such rentals and other charges shall be so fixed and adjusted in respect to the aggregate thereof from the project or any part thereof so as to provide a fund sufficient with other revenues of such project, if any, to pay the cost of maintaining, repairing and operating the project, including the reserves for extraordinary repairs and insurance, unless such cost shall be otherwise provided for, which cost shall be deemed to include the expenses incurred by the Authority on account of the project for water, light, sewer and other services furnished by other facilities at such project. Section 12. Rules and regulations for operation of project. It shall be the duty of the Authority to prescribe rules and regulations for the operations of the project constructed

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under the provisions of this Act including rules and regulations to insure maximum use of the project. Section 13. Legal Services. The Attorney General shall provide legal services for the Authority and in connection therewith the provisions of Ga. Laws 1969, p. 484, as now existing or as hereafter amended, shall be fully applicable. Section 14. Powers declared supplemental and additional. The foregoing Sections of this Act shall be deemed to provide an additional and alternative method for the doing of things authorized thereby and shall be regarded as supplemental and additional to powers conferred by the Constitution and laws of the State of Georgia and shall not be regarded as in derogation of any powers now existing. Section 15. Liberal construction of Act. This Act, being for the welfare of the State and its inhabitants, shall be liberally construed to effect the purposes hereof. Section 16. Audits; accounts audit. The accounts of the Authority herein created shall be kept as separate and distinct accounts, and shall be audited by the Department of Audits of the State. 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 12, 1974. REVENUECERTAIN HOMESTEAD EXEMPTIONS PROVIDED FOR CERTAIN PERSONS. No. 817 (House Bill No. 214). An Act to provide that the homestead, but not to exceed $10,000.00 of its assessed value, of each resident of each

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independent school district and of each county school district in this State who is 62 years of age or over and who has a gross income from all sources, including the income of all members of his family residing within said homestead, not exceeding $6,000.00 per annum, shall be exempt from all ad valorem taxation for educational purposes levied by, for, or in behalf of any such school system; to provide for the use of additional State funds for educational purposes in certain circumstances; to provide for other matters relative to the foregoing; to provide for the applicability of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The homestead, but not to exceed $10,000.00 of its assessed value, of each resident of each independent school district and of each county school district within this State who is 62 years of age or over and who has a gross income from all sources, including the income of all members of the family residing within said homestead, not exceeding $6,000.00 per annum, is hereby exempted from all ad valorem taxes for educational purposes levied by, for, or in behalf of any such school system, including taxes to retire school bond indebtedness. Eligibility. Section 2. The exemption provided in section 1 shall not be granted unless an affidavit of the owner of the homestead, prepared upon forms prescribed by the State Revenue Commissioner for that purpose, shall be filed with the county tax receiver or tax commissioner in the case of residents of county school districts, or with the governing authority of the owner's city in the case of residents of independent school districts. Such affidavit shall be filed on or before the last day upon which the owner would otherwise be permitted by law to claim the homestead exemption provided for in Ga. L. 1946, pp. 12, 14, as amended, and shall show the age of the owner on the first day of January next preceding the filing of the affidavit; the total amount of income received by the owner from all sources during the immediately preceding calendar year; the total amount of income received from all sources by each individual

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member of the owner's family residing within the homestead; and such additional information as may be prescribed by the State Revenue Commissioner. Copies of all such affidavits received, or extracts of the information contained therein, shall be forwarded by the various taxing authorities with whom such affidavits are filed to the State Revenue Commissioner who is herewith authorized to compare such information with information contained in any income tax return, sales tax return, or other tax documents or records of the Department of Revenue and to report immediately to the appropriate county or city taxing authority any apparent discrepancies between the information contained in any affidavit and the information contained in any other tax records of the Department of Revenue. Affidavit. Section 3. The exemption granted to the homestead by this Act shall extend to and shall apply to those properties, the legal title to which is vested in one or more title holders, if actually occupied as a residence by one or more such title holders who possesses the qualifications provided for in this Act, and who claims the exemption granted by this Act in the manner herein provided. Such exemptions shall also extend to those homesteads, the title to which is vested in an administrator, executor or trustee, if one or more of the heirs or cestiu que uses residing on such property possesses the qualifications provided for herein and claims the exemptions granted by this Act in the manner herein provided. Exemption. Section 4. The State Board of Education shall, when funds are specifically appropriated for the purpose of replacing revenue lost by local systems as a result of this Act, in accordance with such rules and regulations as the Board shall promulgate, provide to each school district in this State, which, on the effective date of this Act, had in effect a tax levy of 20 mills or more for educational purposes, or was levying the maximum permissible tax authorized by law for educational purposes, grants for educational purposes which shall equal the revenues lost by such school district due to the exemption provided for property located within such district by the provisions of this Act. Grants. Section 5. The State Revenue Commissioner is herewith

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directed and granted exclusive authority to promulgate such administrative rules and regulations as may be appropriate to the efficient administration by county, municipal, and State taxing authorities of the exemption granted by this Act. Rules. Section 6. Any person who wilfully falsifies information required by the State Revenue Commissioner pursuant to the administration of this Act, whether relating to age, income, or otherwise, shall be guilty of the crime of false swearing and shall be punished as for the commission of such crime. Penalty. Section 7. All laws and parts of laws, whether local or general with local application, implementing the provisions of constitutional amendments number 17 and 18 of 1972 (Ga. L. 1972, pp. 1460, 1463), ratified by the people on November 7, 1972, and published on December 4, 1972, are herewith repealed. Repeal. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Approved on March 12, 1974. THE COMMON DAY OF REST ACT OF 1974REFERENDUM. Code 26-9908 repealed. No. 818 (House Bill No. 974). An Act to limit the doing of business on both the two consecutive days of Saturday and Sunday; to provide for a declaration of policy; to provide for definitions; to provide for penalties; to provide for injunctive relief; to make accommodations for those occupations doing business on the two consecutive days of Saturday and Sunday so that the workers in those occupations may enjoy the benefits of the two rest days; to provide for exemptions; to provide

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for local referenda whereby a county may remove itself from the provisions of this Act; to provide for referenda whereby a county which has removed itself from the provisions of this Act may be subject to the provisions of this Act; to provide for severability; to provide a short title; to repeal a specific Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The purpose of this Act is to promote the health, recreation, welfare, repose and religious liberty of each individual of this State. The provisions of this Act are not designed to be discriminatory in any way or to any group, but rather to provide the public with necessary benefits and services at all times, while at the same time protecting the lawful humanitarian, social, and religious rights of each individual. Purpose. Section 2. For the purposes of this Act: (a) The two (2) consecutive days of Saturday and Sunday shall mean the time between midnight on Friday and midnight on Saturday and from midnight on Saturday to midnight on Sunday. (b) Two rest days means the time between midnight on Friday and midnight on Saturday and from midnight on Saturday to midnight on Sunday. Section 3. Any person operating a business who, on both the two (2) consecutive days of Saturday and Sunday, sells, offers for sale, or shall compel, force or oblige his employees to sell any item, except those businesses, activities and items exempted from the provisions of this Act, shall be guilty of a misdemeanor. Each item illegally sold shall constitute a separate offense. Penalty. Section 4. In the first offense under this Act, the punishment shall be a minimum fine of one hundred dollars ($100.00). For the second and subsequent offenses the fine shall be a minimum of five hundred dollars ($500.00). Fine.

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Section 5. The operation of any business, with certain necessary exemptions as set out in this Act, by any individual, partnership or corporation on both the two (2) consecutive days of Saturday and Sunday is hereby declared to be a public nuisance. In addition to other penalties and remedies provided for in this Act or which may otherwise exist under the laws of this State, the district attorney of the county or any persons or group of persons is authorized to bring an equitable proceeding to enjoin any individual, partnership or corporation from operating any business, with certain necessary exceptions provided for herein, on both the two (2) consecutive days of Saturday and Sunday. Public nuisance. Section 6. Any business or industry, which operates on either of the two rest days (Saturday or Sunday) and employs those whose habitual day of worship has been chosen by the employer as a day of work, shall make all reasonable accommodations to the religious, social and physical needs of such employees so that those employees may enjoy the same benefits as employees in other occupations. Section 7. The prohibitions of this Act are not applicable to a person, nonprofit organization or nonprofit corporation if its activity is conducted solely for charitable or religious purposes. Exemptions. Section 8. The prohibitions of this Act are not applicable to any federal, State, county, municipal or other local government department or agency in the conduct of its official duties, nor to the employees thereof in the discharge of their official employment. Official employment. Section 9. (a) The prohibitions of this Act are not applicable to the following businesses and activities or to the employees thereof: Exemptions. (1) restaurants, cafeterias, bakeries or other prepared food service facilities; (2) hotels, motels, and other lodging facilities; (3) hospitals and nursing homes;

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(4) dispensaries of drugs, medicines, toiletries and health needs; provided that areas of any store being utilized for the sale of goods not allowed by this Act shall be closed on one of such consecutive days; (5) ambulance and burial services; (6) generation and distribution of electric power; (7) distribution of gas, oil and other fuels; (8) telephone, telegraph and messenger services; (9) public transportation services, including taxi and limousine services; (10) water, air and land transportation services and attendant terminal facilities; (11) public communications, including newspapers, television, radio and other news media; (12) automobile service stations; (13) manufacturing plants and processing operations; (14) heating, refrigeration and cooling services; (15) ice manufacturing and distribution which are related solely to any of the activities in subparagraphs (1) through (13); (16) repair and maintenance services for equipment and machinery which are related solely to any of the activities in subparagraphs (1) through (15); (17) florist services and horticultural services; (18) plant and industrial protection services; (19) repair or replacement parts and other equipment or accessories necessary to, and safety devices intended for,

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safe and efficient operation of land vehicles, boats and aircraft; (20) emergency plumbing, heating, cooling and electrical repair and replacement parts and equipment; (21) libraries; (22) educational lectures, forums and exhibits; (23) motion pictures, theatrical and musical performances; (24) athletic and sporting events; (25) parks, beaches and recreational facilities (golf courses, swimming pools, etc.); (26) scenic, historic and tourist attractions; (27) amusement centers, fairs, zoos and museums; (28) farmers' markets; (29) grocery stores and other stores or businesses which primarily sell unprepared food products, toiletries and health needs; provided that areas of any store being utilized for the sale of goods not allowed by this Act shall be closed on one of such consecutive days; (30) the sale of newspapers, magazines and tobacco products; (31) the sale of cooking, heating and lighting fuel; (32) the sale of gasoline, fuel additives, lubricants and antifreeze; (33) the sale of tires, tubes and tire repair materials; (34) the sale of drugs, medical and surgical supplies, or any other items purchased on the written prescription of a

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licensed medical practitioner for the treatment of a patient; and (35) the sale and lease of real estate; and (36) the sale of home repair material, equipment, supplies and accessories. (b) The provisions of this Act shall not affect other operations, businesses or activity which, by other provisions of law, are prohibited, permitted or regulated on Sunday. Section 10. The provisions of this Act are not applicable to and shall not prohibit: Exemptions. (a) casual transactions between persons, none of whom are thereby carrying on a business or business transactions; (b) agricultural operations such as farming, animal and poultry husbandry, forestry and allied activity. (c) The conduct of the businesses and activities referred to in sections 7, 8 and 9 of this Act. (d) The practice of the healing arts by persons licensed or otherwise authorized to practice the healing arts under the laws of Georgia. Section 11. (a) Any county of this State may be exempt from the provisions of this Act by approving such exemption at a referendum election on the question as hereinafter provided. County exemptions. (b) Such referendum shall be initiated by a resolution passed by a majority of the county governing authority or by a petition signed by 15% of the registered voters of the county based on the number of registered voters at the immediately preceding general election. Such resolution or petition shall be filed in the office of the person or board charged with conducting elections of such a county. No such petition shall be filed, however, unless there is attached thereto a certificate executed by the registrar or deputy

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registrar having charge of voter's registration in the county certifying that the names appearing on said petition have been verified by comparison with the list of qualified registered voters maintained by him and that the names appearing thereon constitute a sufficient number for the referendum election as provided herein. Such certificate shall be furnished by said registrar or deputy registrar within 30 days from the date such petition is presented to him for certification. After such resolution or petition, as the case may be, has been so filed, it shall be the duty of the person or board charged with conducting elections to issue the call for a referendum election, and the date of such referendum election shall be set for the same date as the general election next following the filing of such resolution or petition. The person or board charged with conducting elections shall issue the call for such referendum election at least 30 days but not more than 45 days prior to the date thereof. The person or board charged with conducting elections shall cause the date and purpose of such election to be published in the official organ of the county at least twice before such election. The ballots for such election shall have written or printed thereon the following: () YES () NO Shall the County of (insert county) be exempt from the provisions of `The Common Day of Rest Act of 1974'? Referendum. All persons desiring to vote in favor of being exempt from said Act shall vote Yes, and those persons desiring to vote against being exempt from said Act shall vote No. If more than one-half of the votes cast on such question are for being exempt from said Act, said Act shall not apply within the county, otherwise said Act shall remain in full force and effect within the county. The expense of such election shall be borne by the county. It shall be the duty of the person or board charged with conducting elections to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be his further duty to canvass the returns and to certify the result thereof to the Secretary of State.

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(c) Any county which has exempted itself from the provisions of this Act may subsequently become subject to the provisions of this Act in the same manner that such county became exempt from the provisions of this Act, and the provisions of this Section shall apply to any such county wishing to become subject to the provisions of this Act, except that when the referendum election is held for such purpose, the ballot for such election shall have written or printed thereon the following: () YES () NO Shall the County of (insert county) be subject to the provisions of `The Common Day of Rest Act of 1974'? In any such referendum election, all persons desiring to vote in favor of being subject to the provisions of said Act shall vote Yes, and those persons desiring to vote against being subject to the provisions of said Act shall vote No. If more than one-half of the votes cast on such question are for being subject to the provisions of said Act, said Act shall apply within such county, otherwise said Act shall continue to be inapplicable within such county. Section 12. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General 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 13. This Act may be known any may be cited as The Common Day of Rest Act of 1974. Section 14. Code section 26-9908, relating to violating the Sabbath Day, is hereby repealed in its entirety. Code 26-9908 repealed.

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Section 15. After the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the Ordinary or board of elections of each county of this State to issue the call for an election for the purpose of submitting the question of this Act becoming effective in each such county to the voters of each such county. The Ordinary or board of elections shall set the date of such election for November 5, 1974. The Ordinary or board of elections shall issue the call for such elections at least 30 days but not more than 45 days prior to the date thereof. The Ordinary or board of elections shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of the respective county. The ballot shall have written or printed thereon the words: () YES () NO Shall the County of (.....) insert name of County be exempt from the provisions of `The Common Day of Rest Act of 1974'? Referendum. The voters of each county desiring to vote in favor of exempting said county from the provisions of said Act shall vote Yes, and those voters of each county desiring to vote against exemption from the provisions of said Act shall vote No. In each county in which more than one-half of the votes cast on such question are for such exemption, The Common Day of Rest Act shall not be applicable. In each county in which more than one-half of the votes cast on such question are not for such exemption, The Common Day of Rest Act shall be of full force and effect. The expense of such election shall be borne by each county. It shall be the duty of the Ordinary or board of elections to hold and conduct such election in each county. Such election shall be held under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the Ordinary or board of elections of each county to canvass the returns and declare and certify the result of the election within each county, and to certify the result thereof to the Secretary of State. Section 16. This Act shall be effective for the purpose

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of holding the referendum elections provided for by section 15 of this Act upon the approval of this Act by the Governor or upon its otherwise becoming law, but for all other purposes this Act shall be effective on November 5, 1974. Effective date. Section 17. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 12, 1974. MUNICIPAL HOME RULE ACT OF 1965 AMENDED. No. 819 (House Bill No. 1303). An Act to amend an Act known as The Municipal Home Rule Act of 1965, as amended, particularly by an Act approved April 13, 1973 (Ga. L. 1973, p. 778) so as to change the provisions relative to fixing the compensation of elective members of the governing authorities of 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. An Act known as The Municipal Home Rule Act of 1965, as amended, particularly by an Act approved April 13, 1973 (Ga. L. 1973, p. 778) is hereby amended by inserting in section 5 between the word compensation and the word shall, where the same appear in the proviso at the end of said section, the words, of the members of the governing authority or legislative body, so that when so amended, 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 under Federal Old Age and Survivor's Insurance programs, hospitalization benefits, and workmen's compensation

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benefits, for its employees, their dependents and survivors, provided that no action to increase compensation of the elective members of the governing authority or legislative body 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. Salaries. 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, 1974. INSURANCEHEALTH INSURANCE POLICIES REQUIRED TO PROVIDE FOR COVERAGE OF NEWLY BORN CHILDREN, ETC. Code 56-2441 enacted. No. 820 (House Bill No. 995). An Act to amend the Georgia Insurance Code Title 56, relating to insurance, so as to require inclusion in all individual and group health insurance policies providing coverage on an expense incurred basis and in all individual and group service or indemnity type contracts issued by a nonprofit corporation which provide coverage for a family member of the insured or subscriber of coverage of injury or sickness of newly born children; to define terms; to provide for all matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Georgia Insurance Code, Code Title 56,

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relating to insurance, is hereby amended by adding at the end of Code Chapter 56-24, relating to contracts of insurance, a new section to be designated Code Section 56-2441 which shall read as follows: 56-2441. (a) All individual (Code Chapter 56-30) and group (Code Chapter 56-31) health insurance policies providing coverage on an expense incurred basis and individual and group service or indemnity type contracts issued by a nonprofit corporation (Code Chapters 56-17 and 56-18) which provide coverage for a family member of the insured or subscriber shall, as to such family members' coverage, also provide that the health insurance benefits applicable for children shall be payable with respect to a newly born child of the insured or subscriber from the moment of birth. Code 56-2441 enacted. (b) The coverage for newly born children shall consist of coverage of injury or sickness including the necessary care and treatment of medically diagnosed congenital defects and birth abnormalities, but need not include benefits for routine well-baby care. (c) If payment of a specific premium or subscription fee is required to provide coverage for a child, the policy or contract may require that notification of birth of a newly born child and payment of the required premium or fees must be furnished to the insurer or nonprofit service or indemnity corporation within 31 days after the date of birth in order to have the coverage continue beyond such 31 day period. (d) The requirements of this section shall apply to all insurance policies and subscriber contracts delivered or issued for delivery in this state on or after November 1, 1974. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1974.

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PUBLIC EMPLOYEESTAX DEFERRED COMPENSATION PLAN AUTHORIZED. No. 821 (House Bill No. 1590). An Act to authorize the State or any county, municipality or other political subdivision to defer an employee's compensation; to authorize the State or any county, municipality or other political subdivision, to use such deferred compensation to provide a tax deferred compensation plan for such employee; to define the term employee; to provide for the administration of a deferred compensation program; to provide such deferred compensation program shall not effect a reduction of any retirement, pension, or other benefit provided by law; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. For the purposes of this Act, employee means any persons, whether appointed or elected, providing services for the State, county, municipality or other political subdivision, for which compensation is paid. Employee defined. Section 2. The State, or any county, municipality or other political subdivision may, by contract, agree with any employee to defer, in whole or in part, any portion of such employee's compensation, and may subsequently, purchase or contract with any company qualified to do business in this State, to carry out the provisions of the deferred compensation plan as adopted; to provide such compensation benefits for such employees. Contract. Section 3. It shall be a prior condition to the approval and utilization of any such deferred compensation program, that a favorable letter or ruling shall have been received from the Internal Revenue Service prior to the effective date of the adopted deferred compensation program. Approval. Section 4. The State Personnel Board shall administer the deferred compensation program for the employees of

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the State of Georgia. It shall investigate and approve a deferred compensation plan which gives the employees of the State of Georgia income tax benefits in connection with such plans as authorized by the United States Internal Revenue Code, and so that compensation deferred under such plan shall not be included for purpose of computation of any Federal Income Tax withheld on behalf of any such employee, or payable by such employee before any deferred payment date, pursuant to such Internal Revenue Service ruling. The governing body of a city, county, or other political subdivision may appoint an administrator who shall be known as the administrator for all deferred compensation plans, whose duties shall include the administration of the plan and the investigation and approval of the plan or plans. All such plans shall provide tax deferral benefits for the respective employees. Administration. Section 5. Notwithstanding any other provision of law to the contrary, the State is hereby authorized to make payment from funds derived from the deferral of compensation for the purpose of carrying out the provisions of the deferred compensation plan, for purchase of insurance, endowment, annuities, mutual funds or savings. Such payments shall not be construed to be a prohibited use of the general assets of the State, county, municipality or other political subdivision. The State Personnel Board or Administrator shall have the power to arrange for a custodian for the holding of such insurance policies, funds, investments, and other assets of the fund. Section 6. The deferred compensation programs authorized by this Act shall exist and serve in addition to retirement, pension or benefit systems established by the State, county, municipality or other political subdivision, and no deferral of income under the deferred compensation program shall effect a reduction of any retirement, pension or other benefit provided by law. Section 7. The State Personnel Board or Administrator shall arrange for all services required to carry out the deferred compensation plan or plans so that such plan or plans shall operate without cost to the State, county, city

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or other political subdivision except for the incidental expense of administering the payroll salary deduction or reduction and the remittance thereof. Costs. Section 8. The salary reduction or deductions referred to herein shall be instituted by the payroll departments applicable to the respective employees at the request of the participating employees. Section 9. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 10. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1974. HEALTHTREATMENT OF ALCOHOLICS PROVIDED, ETC. Code 56-608 repealed. No. 822 (Senate Bill No. 330). An Act comprehensively to govern the treatment of alcoholism and intoxication; to confer necessary powers in the Department of Human Resources to plan, establish, and maintain programs and facilities for treatment of alcoholism and intoxication; to authorize the Department to establish standards for public and private alcoholism and intoxication treatment facilities; to establish voluntary and involuntary commitment procedures for alcoholics and intoxicated individuals; to provide for rights of persons voluntarily or involuntarily committed to treatment facilities; to provide for the establishment of emergency service patrols for alcoholics and intoxicated individuals; to provide that the Department may recover the cost of care to alcoholics and intoxicated persons; to prohibit enforcement of certain local penal laws and ordinances in which drunkenness is the gravamen of the offense; to repeal Code Section 58-608, which defines the

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crime of drunkenness in public places, as amended; to provide for exemptions; to provide for severability; 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. Declaration of Policy. It is the policy of this State that alcoholics may not be subjected to criminal prosecution because of their consumption of alcoholic beverages but rather should be afforded a continuum of treatment in order that they may lead normal lives as productive members of society. Section 2. Definitions. For purposes of this Act and unless the use in context clearly requires otherwise: (1) alcoholic means a person who habitually lacks self-control as to the use of alcoholic beverages, or uses alcoholic beverages to the extent that his health is substantially impaired or endangered or his social or economic function is substantially disrupted; (2) approved private treatment facility means a private agency meeting the standards prescribed in Section 8 (a) and approved under section 8 (c); (3) approved public treatment facility means a treatment agency operating under the direction and control of the division or providing treatment under this Act through a contract with the division under section 7 (g) and meeting the standards prescribed in section 8 (a) and approved under section 8 (c); (4) Commissioner means the Commissioner of Human Resources, or his delegate; (5) Department means the Department of Human Resources; (6) emergency service patrol means a patrol established under section 16;

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(7) incapacitated by alcohol means that a person, as a result of the use of alcohol, is unconscious, exhibits lifethreatening levels of intoxication, withdrawal, and acute medical problems, or is under the influence of alcohol to the extent that he is incapable of caring for himself or protecting himself due to the consumption of alcohol; (8) incompetent person means a person who has been adjudged incompetent by the appropriate State court; (9) intoxicated person means a person whose mental or physical functioning is substantially impaired as a result of the use of alcohol and this condition has continued over a long period of time and there is a high risk that the person is in danger of becoming an alcoholic; (10) treatment means the broad range of emergency, outpatient, intermediate, and inpatient services and care, including diagnostic evaluation, medical, psychiatric, psychological, and social service care, vocational rehabilitation and career counseling, which may be extended to alcoholics and intoxicated persons; (11) Board means the Board of Human Resources; (12) Administrator, Director, or Superintendent in charge of an approved treatment facility means the administrator, director, or superintendent or the acting administrator, acting director, or acting superintendent of the approved treatment facility as prescribed by the standards of the Department for appointment to such office, or his delegate; (13) Discharge means any proper separation of a patient from direct treatment responsibility of an approved public or private facility. Section 3. Powers of Department. The Department may: (1) plan, establish, and maintain treatment programs as necessary or desirable;

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(2) make contracts necessary or incidental to the performance of its duties and the execution of its powers, including contracts with public and private agencies, organizations, and individuals to pay them for services rendered or furnished to alcoholics or intoxicated persons; (3) solicit and accept for use any gift of money or property made by will or otherwise, and any grant of money, services, or property from the Federal government, the State, or any political subdivision thereof or any private source, and do all things necessary to cooperate with the Federal government or any of its agencies in making an application for any grant; (4) administer or supervise the administration of the provisions relating to alcoholics and intoxicated persons of any State plan submitted for Federal funding pursuant to Federal health, welfare, or treatment legislation; (5) coordinate its activities and cooperate with alcoholism programs in this and other states, and make contracts and other joint or cooperative arrangements with State, local, or private agencies in this and other states for the treatment of alcoholics and intoxicated persons and for the common advancement of alcoholism programs; (6) keep records and engage in research and the gathering of relevant statistics; (7) do other acts and things necessary or convenient to execute the authority expressly granted to it; and (8) acquire, hold, or dispose of real property or any interest therein, and construct, lease, or otherwise provide treatment facilities for alcoholics and intoxicated persons. Section 4. Duties of Department. The Department shall: (1) develop, encourage, and foster Statewide, regional, and local plans and programs for the prevention of alcoholism and treatment of alcoholics and intoxicated persons in cooperation with public and private agencies, organizations,

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and individuals and provide technical assistance and consultation services for these purposes; (2) coordinate the efforts and enlist the assistance of all public and private agencies, organizations, and individuals interested in prevention of alcoholism and treatment of alcoholics and intoxicated persons; (3) cooperate with the Department of Offender Rehabilitation and the Board of Pardons and Paroles in establishing and conducting programs to provide treatment for alcoholics and intoxicated persons in or on parole from penal institutions; (4) cooperate with the Department of Education, local boards of education, schools, police and law enforcement departments, courts, and other public and private agencies, organizations and individuals in establishing programs for the prevention of alcoholism and treatment of alcoholics and intoxicated persons, and preparing curriculum materials thereon for use at all levels of school education; (5) prepare, publish, evaluate, and disseminate educational material dealing with the nature and effects of alcohol; (6) develop and implement, as an integral part of treatment programs, an educational program for use in the treatment of alcoholics and intoxicated persons, which program shall include the dissemination of information concerning the nature and effects of alcohol; (7) organize and foster training programs for all persons engaged in treatment of alcoholics and intoxicated persons; (8) sponsor and encourage research into the causes and nature of alcoholism and treatment of alcoholics and intoxicated persons, and serve as a clearing house for information relating to alcoholism; (9) specify uniform methods for keeping statistical information by public and private agencies, organizations, and

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individuals, and collect and make available relevant statistical information, including number of persons treated, frequency of admission and readmission, and frequency and duration of treatment; (10) advise the Governor in the preparation and implementation of a comprehensive plan for treatment of alcoholics and intoxicated persons for inclusion in the State's comprehensive health plan; (11) review all State health, welfare, and treatment plans to be submitted for Federal funding under Federal legislation, and advise the Governor on provisions to be included relating to alcoholism and intoxicated persons; (12) assist in the development of, and cooperate with, alcohol education and treatment programs for employees of State and local governments and businesses and industries in the State; (13) utilize the support and assistance of interested persons in the community, particularly recovered alcoholics, to encourage alcoholics voluntarily to undergo treatment; (14) cooperate with the Department of Public Safety in establishing and conducting programs designed to deal with the problem of persons operating motor vehicles while intoxicated; (15) encourage general hospitals and other appropriate health facilities to change their medical staff bylaws to admit without discrimination alcoholics and intoxicated persons and to provide them with adequate and appropriate treatment and facilities; (16) encourage all health and disability insurance programs to include alcoholism as a covered illness; and (17) submit to the Governor an annual report covering the activities of the Department. Section 5. (a) The Commissioner shall exercise coordinating functions between the departments of State Government. Coordinating functions.

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(b) In exercising its coordinating functions, the Commissioner shall assure that: (1) the appropriate state gencies provide all necessary medical, social, treatment, and educational services for alcoholics and intoxicated persons and for the prevention of alcoholism, without unnecessary duplication of services; (2) the several State agencies cooperate in the use of facilities and in the treatment of alcoholics and intoxicated persons; and (3) all State agencies adopt approaches to the prevention of alcoholism and the treatment of alcoholics and intoxicated persons consistent with the policy of this Act. Section 6. Georgia Alcoholism Advisory Council. (a) There is hereby created the Georgia Alcoholism Advisory Council, to be composed of 15 members who shall be citizens of the State of Georgia. Members of the Georgia Alcoholism Advisory Council created by an executive order of the Governor dated February 15, 1972, shall serve as initial members of the Council created by this Act. All members shall serve at the pleasure of the Governor. Members shall have professional, research, or personal interest in alcoholism problems. The Council shall meet at least once every 3 months and report on its activities and make recommendations to the Commissioner at least once a year. (b) The Council shall advise the Commissioner on broad policies, goals, and operation of the alcoholism program and on other matters the director refers to it, and shall encourage public understanding and support of the alcoholism program. (c) Members of the Council shall serve without compensation but shall receive reimbursement for travel and other necessary expenses actually incurred in the performance of their duties. Section 7. Comprehensive Program for Treatment; Regional Facilities. (a) The Department shall establish a

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comprehensive and coordinated program for the treatment of alcoholics and intoxicated persons. (b) The program of the Department shall include: (1) emergency treatment provided by a physician affiliated with or part of the medical service of a general hospital; (2) inpatient treatment; (3) intermediate treatment; and (4) outpatient and follow-up treatment. (c) The Department shall provide for adequate and appropriate treatment for alcoholics and intoxicated persons admitted under sections 10 to 13. Treatment may not be provided at a correctional institution except for inmates. (d) The Department shall maintain, supervise, and control all facilities operated by it subject to policies of the Board. The administrator of each facility shall make an annual report of its activities to the Commissioner in the form and manner the Commissioner specifies. (e) All appropriate public and private resources shall be coordinated with and utilized in the program if possible. (f) The Commissioner shall prepare, publish, and distribute annually a list of all approved public and private treatment facilities. (g) The Department may contract for the use of any facility as an approved treatment facility if the Commissioner, subject to the policies of the Board, considers this to be an effective and economical course to follow. Section 8. Standards for Public and Private Treatment Facilities; Enforcement Procedures; Penalties. (a) The Department shall establish standards for approved treatment facilities that must be met for a treatment facility to be

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approved as a public or private treatment facility, and fix the fees to be charged by the Department for the required inspections. The standards may concern only the health standards to be met and standards of treatment to be afforded patients. (b) The Department shall include rules and regulations pertaining to treatment for alcoholism in existing licensing programs for health care institutions. Special inspections shall be made of treatment facilities that are not subject to existing licensing laws governing hospitals and nursing homes. (c) The Department shall maintain a list of approved public and private treatment facilities. (d) Each approved public and private treatment facility shall file with the Department on request, data, statistics, schedules, and information the division reasonably requires. An approved public or private treatment facility that without good cause fails to furnish any data, statistics, schedules, or information as requested, or files fraudulent returns thereof, shall be removed from the list of approved treatment facilities. (e) The Department, after holding a hearing, may suspend, revoke, limit, or restrict an approval, or refuse to grant an approval, for failure to meet its standards. (f) The superior court may restrain any violation of this Section, review any denial, restriction, or revocation of approval, and grant other relief required to enforce its provisions. (g) Upon petition of the Department and after a hearing held upon reasonable notice to the facility, the superior court may issue a warrant to an officer or employee of the Department authorizing him to enter and inspect at reasonable times, and examine the books and accounts of, any approved public or private treatment facility refusing to consent to inspection or examination by the Department or

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which the Department has reasonable cause to believe is operating in violation of this Act. Section 9. Acceptance for Treatment; Rules. The Commissioner shall adopt and may amend and repeal rules for acceptance of persons into the treatment program, considering available treatment resources and facilities, for the purpose of early and effective treatment of alcoholics and intoxicated persons. In establishing the rules the Commissioner shall be guided by the following standards: (1) If possible, a patient shall be treated on a voluntary rather than an involuntary basis. (2) A patient shall be initially assigned or transferred to outpatient or intermediate treatment, unless he is found to require inpatient treatment. (3) A person shall not be denied treatment solely because he has withdrawn from treatment against medical advice on a prior occasion or because he has relapsed after earlier treatment. (4) An individualized treatment plan shall be prepared and maintained on a current basis for each patient. (5) Provision shall be made for a continuum of coordinated treatment services, so that a person who leaves a facility or a form of treatment will have available and utilize other appropriate treatment. Section 10. Voluntary Treatment of Alcoholics. (a) An alcoholic may apply for voluntary treatment directly to an approved treatment program or facility. If the proposed patient is a minor or an incompetent person, he, a parent, a legal guardian, or other legal representative may make the application. (b) Subject to rules adopted by the Commissioner, the administrator in charge of an approved treatment facility may determine who shall be admitted for treatment. If a person is refused admission to an approved treatment facility,

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the administrator, subject to rules adopted by the Commissioner, shall refer the person to another approved treatment facility for treatment if possible and appropriate. (c) If a patient receiving inpatient care leaves an approved treatment facility, he shall be encouraged to consent to appropriate outpatient or intermediate treatment. If it appears to the administrator in charge of the treatment facility that the patient is an alcoholic who requires help, the Department shall arrange for assistance in obtaining supportive services and residential facilities. (d) If a patient leaves an approved treatment facility, with the advice of the administrator in charge of the facility, the Department shall make reasonable provisions for his transportation to another facility or to his home. If he is a minor or an incompetent person, the written request for discharge from an inpatient facility shall be made by a parent, legal guardian, or other legal representative or by the minor or incompetent if he was the original applicant. Section 11. Treatment and Services for Intoxicated Persons and Persons Incapacitated by Alcohol. (a) An intoxicated person may come voluntarily to an approved treatment facility for emergency treatment. A person who appears to be intoxicated in a public place and to be in need of help, if he consents to the proffered help, may be assisted to his home, an approved public treatment facility, an approved private treatment facility, or other health facility by the police, other law enforcement officer or the emergency service patrol. (b) A person who appears to be incapacitated by alcohol shall be taken into protective custody by the police, other law enforcement officer or the emergency service patrol and forthwith brought to an approved treatment facility for emergency treatment. If no approved treatment facility is readily available, he shall be taken to an emergency medical service customarily used for incapacitated persons. When no emergency medical services are available, a person who appears to be incapacitated by alcohol may be taken into protective custody for not more than twelve (12) hours

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and detained in such facilities as may be available. The policeman, other law enforcement officer, or the emergency service patrol, in detaining the person and in taking him to a facility approved for detention under this Act, is taking him into protective custody and shall make every reasonable effort to protect his health and safety. In taking the person into protective custody, the detaining officer may take reasonable steps to protect himself. A taking into protective custody under this Section is not an arrest. No other criminal record shall be made to indicate that the person has been arrested or charged with a crime. (c) A person who comes voluntarily or is brought to an approved treatment facility shall be examined as soon as practical by a licensed physician or trained alcohol services worker who is under direct medical supervision. He may then be admitted as a patient or referred to another health facility. The referring approved treatment facility may arrange for his transportation. (d) A person who by medical examination is found to be incapacitated by alcohol as described in subsection (7) of section 2 of this Act at the time of his admission or to have become incapacitated at any time after his admission, may not be detained at the facility (1) once he is no longer incapacitated by alcohol, or (2) if he remains incapacitated by alcohol for more than 5 days or 120 hours, excluding Saturdays, Sundays, and legal holidays, after admission as a patient, unless he is committed under section 13. A person may consent to remain in the facility as long as the physician in charge believes appropriate. (e) A person who is not admitted to an approved treatment facility, is not referred to another health facility, and has no funds, may be taken to his home, if any. If he has no home, the approved treatment facility may assist him in obtaining shelter. (f) If a patient is admitted to an approved treatment facility, his family or next of kin shall be notified by telephone if said persons reside within the State of Georgia

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or within one hundred miles of said facility and by mail if said persons reside elsewhere. (g) The policemen, other law enforcement officers or members of the emergency service patrol who act in compliance with this Section are acting in the course of their official duty and are not criminally or civilly liable therefor. (h) If the attending physician or administrator in charge of the approved treatment facility determines it is for the patient's benefit, the patient shall be encouraged to agree to further diagnosis and appropriate voluntary treatment. Section 12. Emergency Commitment. (a) An intoxicated person who (1) has threatened, attempted, or inflicted physical harm to himself or others and is likely to inflict physical harm on another or himself unless committed, or (2) is incapacitated by alcohol, may be committed to an approved treatment facility for emergency treatment. (b) The certifying physician, spouse, guardian, or relative of the person to be committed, or any other responsible person, may make a written application for commitment under this Section, directed to the administrator of the approved treatment facility. The application shall state facts to support the need for emergency treatment and be accompanied by a physician's certificate stating that he has examined the person sought to be committed within 2 days before the certificate's date and facts supporting the need for emergency treatment. A physician employed by the admitting facility or the division is not eligible to be the certifying physician unless no other physician is available. (c) Upon approval of the application by the administrator in charge of the approved treatment facility, the person shall be brought to the facility by a policeman, other law enforcement officer, health officer, emergency service patrol, the applicant for commitment, the patient's spouse, the patient's guardian, or any other interested person. The person shall be retained at the facility to which he was admitted, or transferred to another appropriate public or

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private treatment facility, until discharged under subsection (e). (d) The administrator in charge of an approved treatment facility shall refuse an application if in his opinion the application and certificate fail to sustain the grounds for commitment. (e) When on the advice of the treatment staff the administrator determines that the grounds for commitment no longer exist, he shall discharge a person committed under this Section. No person committed under this Section may be detained in any treatment facility for more than 5 days, Saturdays, Sundays, and legal holidays excluded. If a petition for involuntary commitment under Section 13 has been filed within the 5 days and the administrator in charge of an approved treatment facility finds that grounds for emergency commitment still exist, he may detain the person until the petition has been heard and determined, but no longer than 10 days after filing the petition. (f) A copy of the written application for commitment and a written explanation of the person's right to counsel shall be given to the person on the day of admission or on the next regular institutional workday by the administrator, who shall provide a reasonable opportunity for the person to consult counsel. Section 13. Involuntary Commitment of Alcoholics. (a) A person may be committed to the custody of the Department by the court of ordinary upon the petition of his spouse or guardian, a relative, the certifying physician, or the administrator in charge of any approved treatment facility. The petition shall allege that the person is an alcoholic who habitually lacks self-control as to the use of alcoholic beverages and that he (1) has threatened, attempted, or inflicted physical harm on another or himself and that unless committed is likely to inflict physical harm to himself or others; or (2) is incapacitated by alcohol. The petition shall be accompanied by a certificate of a licensed physician who has examined the person within 2 days before submission of the petition, unless the person

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whose commitment is sought has refused to submit to a medical examination, in which case the fact of refusal shall be alleged in the petition. The certificate shall set forth the physician's findings in support of the allegations of the petition. A physician employed by the admitting facility or the division is not eligible to be the certifying physician unless no other physician is available. (b) Upon filing the petition, the court shall fix a date for a hearing no later than 10 days after the date the petition was filed. A copy of the petition and of the notice of the hearing, including the date fixed by the court, shall be served by mail on the petitioner, his next of kin other than the petitioner, a parent or his legal guardian if he is a minor, the administrator in charge of the approved treatment facility to which he has been committed for emergency care, personally on the person whose commitment is sought, and any other person the court believes advisable. A copy of the petition and certificate shall be delivered by mail to each person notified. (c) At the hearing, the court shall hear all relevant testimony in person or by deposition, including, if possible, the testimony of at least one licensed physician who has examined the person whose commitment is sought. The person shall be present unless the court believes that his presence is likely to be injurious to him; in this event the court shall appoint a guardian ad litem to represent him throughout the proceeding. The court shall examine the person in open court, or if advisable, shall examine the person out of court. If the person has refused to be examined by a licensed physician, he shall be given an opportunity to be examined by a court-appointed licensed physician. If he refuses and there is sufficient evidence to believe that the allegations of the petition are true, or if the court believes that more medical evidence is necessary, the court may make a temporary order committing him to the Department for a period of not more than 5 days for purposes of a diagnostic examination. (d) If after hearing all relevant evidence, including the results of any diagnostic examination by the Department,

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the court finds that grounds for involuntary commitment have been established by clear and convincing proof, it shall make an order of commitment to the Department. It may not order commitment of a person unless it determines that the Department is able to provide adequate and appropriate treatment for him. (e) A person committed under this Section shall remain in the custody of the Department for treatment for a period of 90 days unless sooner discharged. At the end of the 90-day period, he shall be discharged automatically unless the Department before expiration of the period obtains a court order for his recommitment upon the grounds set forth in subsection (a) for a further period of 90 days unless sooner discharged. If a person has been committed because he is an alcoholic likely to inflict physical harm on another or himself, the Department shall apply for recommitment if after examination it is determined that the likelihood still exists. (f) A person recommitted under subsection (e) who has not been discharged by the Department before the end of the 90-day period shall be discharged at the expiration of that period unless the Department, before expiration of the period, obtains a court order on the grounds set forth in subsection (a) for recommitment for a further period not to exceed 90 days. If a person has been committed because he is an alcoholic likely to inflict physical harm on himself or others, the Department shall apply for recommitment if after examination it is determined that the likelihood still exists. (g) Upon the filing of a petition for recommitment under subsections (e) or (f), the court shall fix a date for hearing no later than 10 days after the date the petition was filed. A copy of the petition and of the notice of hearing, including the date fixed by the court, shall be served by mail on the petitioner, his next of kin other than the petitioner, the original petitioner under subsection (a) if different from the petitioner for recommitment, one of his parents or his legal guardian if he is a minor, personally on the person whose commitment is sought, and any other

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person the court believes advisable. At the hearing, the court shall proceed as provided in subsection (c). (h) The Department shall provide for adequate and appropriate treatment of a person committed to its custody. The Department may transfer any person committed to its custody from one approved treatment facility to another if transfer is medically or administratively advisable or is deemed to be in the best interest of the patient. (i) A person committed to the custody of the Department for treatment shall be discharged at any time before the end of the period for which he has been committed if either of the following conditions is met: (1) in case of an alcoholic committed on the grounds of likelihood of infliction of physical harm upon himself or others, that he is no longer an alcoholic or the likelihood no longer exists; or (2) in case of an alcoholic committed on the grounds of the need of treatment and incapacity, that the life-threatening level of intoxication, withdrawal or acute medical problem no longer exists, further treatment will not be likely to bring about significant improvement in the person's condition, or treatment is no longer adequate or appropriate. (j) The court shall inform the person whose commitment or recommitment is sought of his right to contest the application, appeal to the superior court, be represented by counsel at every stage of any proceedings relating to his commitment and recommitment, and have counsel appointed by the court or provided by the court, if he wants the assistance of counsel and is unable to obtain counsel. If the court believes that the person needs the assistance of counsel, the court shall require, by appointment if necessary, counsel for him regardless of his wishes. The person whose commitment or recommitment is sought shall be informed of his right to be examined by a licensed physician of his choice. If the person is unable to obtain a licensed physician and requests examination by a physician, the court shall employ a licensed physician.

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(k) If a private treatment facility agrees with the request of a competent patient or his parent, sibling, adult child, or guardian to accept the patient for treatment, the administrator of the public treatment facility shall transfer him to the private treatment facility duly licensed under this Act. (l) At any time and without notice, a person detained by a facility or a relative or friend on behalf of such person may petition, as provided by law, for a writ of habeas corpus to question the cause and legality of detention and to request the court on its own initiative to issue a writ for release. Section 14. Records of Alcoholics and Intoxicated Persons. (a) The registration and other records of treatment facilities shall remain confidential and are privileged to the patient. (b) Notwithstanding subsection (a), the Commissioner may make available information from patients' records for purposes or research into the causes and treatment of alcoholism to researchers or professionals who are treating the patient, but only with proper consent of the patient or of any person who can give consent to medical treatment of the patient under Code Chapter 88-29, the Georgia Medical Consent Law, as amended. Information under this subsection shall not be published in a way that discloses patients' names or other identifying information. Section 15. Visitation and Communication of Patients. (a) Subject to reasonable rules regarding hours of visitation which the Commissioner may adopt, patients in any approved treatment facility shall be granted opportunities for adequate consultation with counsel, and for continuing contact with family and friends consistent with an effective treatment program. (b) A patient or his representatives may file a petition in the court of ordinary in the county where the patient is hospitalized, alleging that the patient is being unjustly denied a right or privilege granted by this Act or that a

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procedure authorized by this Act is being abused. Upon the filing of such a petition, the court shall have the authority to conduct a judicial inquiry and to issue any appropriate order to correct any abuse of the provisions of this Act. Section 16. Emergency Service Patrol; Establishment; Rules. (a) The Department and counties and municipalities may establish emergency service patrols. A patrol consists of persons trained to give assistance in the streets and in other public places to persons who are intoxicated. Members of an emergency service patrol shall be capable of providing first aid in emergency situations and may transport intoxicated persons to their homes and to and from public treatment facilities. (b) The Commissioner shall adopt rules for the establishment, training, and conduct of emergency service patrols. Section 17. Convalescent Status; Rehospitalization. The superintendent of the treatment facility may place an improved patient on convalescent status when he believes that such action is in the best interest of the patient. Notice of the patient's placement on convalescent status shall be given to the patient and his representatives and, if the patient's hospitalization was authorized by order of a court of ordinary, to the court which entered such order. Placement on convalescent status shall include provisions for continuing responsibility to and by the facility, including a plan of treatment on an outpatient basis. The superintendent of the facility from which the patient is given convalescent status may, at any time during the continuance of such convalescent status, rehospitalize the patient when the condition of the patient requires. On application by the superintendent to the court of ordinary in the county where the patient is found, the court shall issue an order directing that the patient be transported to the treatment facility. The convalescent status shall automatically expire at the end of the period during which the treatment facility was authorized to retain the patient under the provisions of this Act, unless the superintendent, upon determining that further hospitalization may be required if the convalescent status is not continued, shall apply for an order authorizing

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the continuance of the convalescent status for an additional period not to exceed 90 days. Such application for continuance of convalescent status shall be filed in the manner provided for order of recommitment in section 13 (e) to determine whether or not the patient's condition requires the convalescent status to be continued. Section 18. Payment for Treatment; Financial Ability of Patients. (a) If treatment is provided by an approved public treatment facility and the patient has not paid the charge therefor, the Department is entitled to (1) any payment received by the patient or to which he may be entitled because of the services rendered, and (2) from any public or private source available to the Department because of the treatment provided to the patient. (b) A patient in an approved treatment facility, or the estate of the patient, or a person obligated to provide for the cost of treatment and having sufficient financial ability, is liable to the Department for cost of maintenance and treatment of the patient therein in accordance with rates established. (c) The Commissioner shall adopt rules governing financial ability that take into consideration the income, savings and other personal and real property of the person required to pay, and any support being furnished by him to any person he is required by law to support. (d) No person shall be denied treatment in a licensed facility because of inability to pay. Section 19. Criminal Laws Limitations. (a) No county, municipality, or other political subdivision may adopt or enforce a local law, ordinance, resolution, or rule having the force of law that includes drinking, being a common drunkard, or being found in an intoxicated or incapacitated condition as one of the elements of the offense giving rise to a criminal or civil penalty or sanction. (b) Nothing in this Act affects any law, ordinance, resolution, or rule against drunken driving, driving under

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the influence of alcohol, or other similar offense involving the operation of a vehicle, aircraft, boat, machinery, or other equipment, or regarding the sale, purchase, dispensing, possessing, or use of alcoholic beverages at stated times and places or by a particular class of persons, or any other criminal act. (c) Code section 58-608, which defines the crime of drunkenness in public places, as amended, is hereby repealed in its entirety. Code 56-608 repealed. (d) Nothing herein shall be construed so as to repeal any of the provisions of Code Chapter 88-4, relating to the rehabilitation of alcoholics and drug dependent individuals, as now or hereafter amended. Section 20. Application of Administrative Procedure Act. Except as otherwise provided in this Act, the Georgia Administrative Procedure Act, Ga. L. 1964, p. 338, as amended, applies to and governs all administrative action taken by the director. Section 21. All community philanthropic or christian supported nonprofit alcoholic treatment centers which were in operation prior to January 1, 1960, shall be exempt from the provisions of this Act. Provided, however, nothing contained within this exemption shall preclude any such organization, otherwise qualified from contracting with the Department. Exemptions. Section 22. 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.

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Section 23. Effective Date. This Act shall become effective on July 1, 1975. Section 24. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1974. GEORGIA CONTROLLED SUBSTANCES ACT. Code Chapter 79A Amended. No. 823 (Senate Bill No. 495). An Act to completely supersede and repeal Chapter 79A-8, known as the Uniform Narcotic Drug Act and Chapter 79A-9, known as the Drug Abuse Control Act of Code Title 79A, relating to pharmacists, pharmacy, drugs and narcotics; to provide that Chapter 79A-9 is reserved; to provide a title; to provide for definitions; to provide that the State Board of Pharmacy shall administer this Chapter; to provide that the Board of Pharmacy may identify for purposes of adding or rescheduling all substances enumerated in the schedules in this Chapter pursuant to the procedures of the Georgia Administrative Procedure Act; to provide the establishment of five schedules of controlled substances consisting of those substances listed in this Chapter; to provide that the five schedules shall be updated and republished by the Board of Pharmacy on an annual basis; to provide that the Board of Pharmacy must make certain findings in identifying new substances for the schedules in this Chapter; to provide for the substances listed in Schedule I; to provide for the substances listed in Schedule II; to provide for the substances listed in Schedule III and that the Board of Pharmacy may except by rule certain substances from the application of all or any part of this Chapter; to provide for the substances listed in Schedule IV and that the Board of Pharmacy may except by rule certain substances from the application of any or all of this Chapter; to

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provide for the substances listed in Schedule V; to provide for prohibited acts with respect to controlled substances and penalties thereto; to provide for the possession or sale of marijuana and penalties thereto; to provide for prohibited acts with respect to counterfeit substances and penalties thereto; to provide that the Board of Pharmacy may promulgate rules and charge reasonable fees relating to this Chapter; to provide for registration requirements; to provide for registration; to provide for revocation and suspension of registration; to provide for an order to show cause; to provide for records of registrants; to provide that compliance with the provisions of Federal law respecting order forms shall be deemed compliance with this Chapter; to provide for prescriptions; to provide for prohibited acts with respect to registration and the penalties thereto; to provide for penalties under other laws; to provide for powers of enforcement personnel; to provide that cer5tain officers may carry firearms in the performance of their duties; to provide that certain officers may execute and serve search warrants; to provide that certain officers may make arrests without warrants for certain offenses; to provide that certain officers may make seizures of property; to provide for administrative inspections and warrants; to provide for the issuance and execution of inspection warrants; to provide that certain Judicial officers upon proper oath assuming probable cause may issue warrants; to provide that a warrant shall issue only upon an affidavit of an officer or employee of the Board of Pharmacy having knowledge of the facts alleged; to provide that a warrant must be returned within ten (10) days of its date; to provide that the Board of Pharmacy, Chief Drug Inspector or Drug Inspector may make inspections of controlled premises in accordance with certain provisions; to provide that when authorized by a warrant, an officer or employee designated by the Board of Pharmacy or Chief Drug Inspector may inspect certain documents; to provide for injunctions; to provide for cooperative arrangements and confidentiality with Federal and other State agencies; to provide forfeitures; to provide that which is subject to forfeitures; to provide for seizure of property subject to forfeiture; to provide for

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the disposition of property subject to forfeiture; to provide that it is not necessary for the State to negate an exemption or exception in this Chapter; to provide for Judicial review; to provide for information and research; to provide for pending proceedings; to provide for continuation of rules; to provide for uniformity of interpretation; to provide for the amendment of section 79A-302 of Code Title 79A to change that section's reference to this Chapter; to provide for the amendment of section 79A-9917 of Code Title 79A to change its reference to this Chapter; to provide for the severability of provisions; to provide for the specific repeal of sections 79A-911, 79A-9915 and 79A-9916 of Code Title 79A; to provide for an effective date; to provide for a general repealer; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Title 79A, relating to pharmacists, pharmacy, drugs and narcotics, as amended, is hereby amended by striking Chapter 79A-8 and Chapter 79A-9 in their entirety and substituting in lieu thereof the following: CHAPTER 79A-9. Reserved. CHAPTER 79A-8 Georgia Controlled Substances Act Section 79A-801. This Chapter shall be known and may be cited as the Georgia Controlled Substances Act. Section 79A-802. Definitions. As used in this Chapter: (a) Administer means the direct application of a controlled substance, whether by injenction, inhalation, ingestion, or by any other means, to the body of a patient or research subject by: (1) A practitioner (or, in his presence, by his authorized agent), or

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(2) The patient, or research subject at the direction and in the presence of the practitioner. (b) Agent means an authorized person who acts on behalf of/or at the direction of a manufacturer, distributor, or dispenser. It does not include a common or contract carrier, public warehouseman, or employee of the carrier or warehouseman. (c) Bureau means the Drug Enforcement Administration, United States Department of Justice, or its successor agency. (d) Controlled substance means a drug, substance, or immediate precursor in Schedules I through V of section 79A-806 through 79A-810 of this Chapter. (e) Conveyance means any object, including aircraft, vehicle or vessel, but not including a person, which may be used to carry or transport a substance or object. (f) Counterfeit substance means a controlled substance which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person who in fact manufactured, distributed, or dispensed the substance, or a controlled substance in a container which does not bear a label which accurately or truthfully identifies the controlled substance contained therein, or any substance in a container which bears a label falsely identifying the contents as a controlled substance. (g) Deliver or delivery means the actual, constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship. (h) Dependent, dependency, physical dependency, psychological dependency or psychic dependency shall mean and include the state of dependence by an individual towards or upon a substance, arising from the use of that

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substance, being characterized by behavioral and other responses which includes the loss of self-control with respect to that substance, or a strong compulsion to use that substance on a continuous basis in order to experience some psychic effect resulting from the use of that substance by that individual, or to avoid any discomfort occurring when the individual does not use that substance. (i) Dispense means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for that delivery, or the delivery of a controlled substance by a practitioner, acting in the normal course of his professional practice and in accordance with the provisions of this Chapter, to a relative or representative of the person for whom the controlled substance is prescribed. (j) Dispenser means a practitioner who dispenses. (k) Distribute means to deliver other than by administering or dispensing a controlled substance. (l) Distributor means a person who distributes. (m) Immediate precursor means a substance which the Board of Pharmacy has found to be and by rule identifies as being the principal compound commonly used or produced primarily for use, and which is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail, or limit manufacture. (n) Manufacture means the production, preparation, propagation, compounding, conversion or processing of a controlled substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that this term does not include the

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preparation, compounding, packaging, or labeling of a controlled substance: (1) by a practitioner as an incident to his administering or dispensing of a controlled substance in the course of his professional practice, or (2) by a practitioner, or by his authorized agent under his supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale. (o) Marijuana means all parts of the plant Cannabis Sativa L., whether growing or not, the seeds thereof; the resin extracted from any part of such plant, and every compound, manufacture, salt, derivative mixture, or preparation of such plant, its seeds, or resin; but shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. (p) Narcotic drug means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis: (1) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate. (2) Any salt, compound, isomer, derivative or preparation thereof which is chemically equivalent or identical with any of the substances referred to in clause 1, but not including the isoquinoline alkaloids of opium. (3) Opium Poppy, poppy straw. (4) Coca leaves and any salt, compound, derivative, or preparation or coca leaves, and any salt, compound, isomer, derivative, or preparation thereof which is chemically

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equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions of coca leaves which do not contain cocaine or ecgonine. (q) Opiate means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. It does not include, unless specifically designated as controlled under section 79A-803 of this Chapter, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan). It does include its racemic and levorotatory forms. (r) Opium poppy means the plant of the species Papaver somniferum L., except its seeds. (s) Person means individual, corporation, government or governmental subdivision of agency, business trust, estate, trust, partnership or association, or any other legal entity. (t) Poppy straw means all parts, except the seeds, of the opium poppy, after mowing. (u) Potential for abuse shall mean and include a substantial potential for the occurrence of a substance to be used by an individual to the extent of creating hazards to the health of the user or the safety of the public, or the substantial potential of a substance to cause an individual using that substance to become dependent upon that substance. (v) Practitioner means: (1) A physician, dentist, pharmacist, veterinarian, scientific investigator, or other person licensed, registered or otherwise authorized under the laws of this State to distribute, dispense, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this State.

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(2) A pharmacy, hospital or other institution licensed, registered, or otherwise authorized by law to distribute, dispense, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this State. (w) Production includes the manufacture, planting, cultivation, growing, or harvesting of a controlled substance. (x) Registered or register means registration as required by this Chapter. (y) Registrant means a person who is registered under this Chapter. (z) State, when applied to a part of the United States, includes any State, district, commonwealth, territory, insular possession thereof, any area subject to the legal authority of the United States of America. (aa) Ultimate user means a person who lawfully possesses a controlled substance for his own use or for the use of a member of his household or for administering to an animal owned by him or by a member of his household or an agent or representative of the person. Section 79A-803. Authority to Control. Standards and Schedules. (a) The Board of Pharmacy shall administer this Chapter and shall add substances to or re-schedule all substances enumerated in the schedules in sections 79A-806, 79A-807, 79A-808, 79A-809, 79A-810 pursuant to the procedures of Georgia Administrative Procedure Act. In making a determination or identification regarding a substance, the Board of Pharmacy shall consider the following factors: (1) the actual or relative potential for abuse; (2) the scientific evidence of its pharmacological effect, if known;

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(3) the state of current scientific knowledge regarding the substance; (4) the history and current pattern of abuse; (5) the scope, duration, and significance of abuse; (6) the risk to the public health; (7) the potential of the substance to produce psychic or physiological dependence liability; (8) whether the substance is an immediate precursor of a substance already controlled under this Chapter; and (9) the designation, deletion or re-scheduling of a substance under Federal law controlling controlled substances. (b) After considering the factors enumerated in subsection (a), the Board of Pharmacy shall make findings with respect thereto and cause the publication of such findings as a rule, in accordance with the provisions of the Georgia Administrative Procedure Act, controlling the substance if it finds the substance has a potential for abuse. (c) If the Board of Pharmacy identifies a substance as an immediate precursor, substances which are precursors of the controlled precursor shall not be subject to control solely because they are precursors of the controlled precursor. (d) Authority to control under this Section does not extend to distilled spirits, wine, malt beverages, or tobacco as those terms are defined or used in Title 58, Georgia Code Annotated. Section 79A-804. Nomenclature. The controlled substances listed or be listed in the schedules in sections 79A-806, 79A-807, 79A-808, 79A-809 and 79A-810 are included by whatever official, common, usual, chemical, or trade name designated. Section 79A-805. (a) There are established five schedules

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of controlled substances, to be known as Schedules I, II, III, IV and V. Such schedules shall initially consist of the substances listed in sections 79A-806, 79A-807, 79A-808, 79A-809, and 79A-810. The schedules so established shall be updated and republished by the Board of Pharmacy on an annual basis beginning one year after the date of enactment of this Chapter. (b) Except in the case of an immediate precursor, a drug or other substance may not be placed in any schedule unless the findings required for such schedule are made with respect to such drug or other substance. The findings for each of the schedules are as follows: (1) Schedule I. (A) The drug or other substance has a high potential for abuse. (B) The drug or other substance has no currently accepted medical use in treatment in the United States. (C) There is a lack of accepted safety for use of the drug or other substance under medical supervision. (2) Schedule II. (A) The drug or other substance has a high potential for abuse. (B) The drug or other substance has a currently accepted medical use in treatment in the United States or a currently accepted medical use with severe restrictions. (C) Abuse of the drug or other substance may lead to severe psychological or physical dependence. (3) Schedule III. (A) The drug or other substance has a potential for abuse less than the drugs or other substances in Schedules I and II.

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(B) The drug or other substance has a currently accepted medical use in treatment in the United States. (C) Abuse of the drug or other substance may lead to moderate or low physical dependence or high psychological dependence. (4) Schedule IV. (A) The drug or other substance has a low potential for abuse relative to the drugs or other substances in Schedule III. (B) The drug or other substance has a currently accepted medical use in treatment in the United States. (C) Abuse of the drug or other substance may lead to limited physical dependence or psychological dependence relative to the drugs or other substances in Schedule III. (5) Schedule V. (A) The drug or other substance has a low potential for abuse relative to the drugs or other substances in Schedule IV. (B) The drug or other substance has a currently accepted medical use in treatment in the United States. (C) Abuse of the drug or other substance may lead to limited physical dependence or psychological dependence relative to the drugs or other substances in Schedule IV. Section 79A-806. Schedule I. (a) The controlled substances listed in this section are included in Schedule I, unless and until amended pursuant to section 79A-803. (b) Any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, unless specifically excepted, pursuant to this Chapter, whenever

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the existence of these isomers, esters, ethers and salts is possible within the specific chemical designation: (1) Acetylmethadol; (2) Allylprodine; (3) Alphacetylmethadol; (4) Alphameprodine; (5) Alphamethadol; (6) Benzethidine; (7) Betacetylmethadol; (8) Betameprodine; (9) Betamethadol; (10) Betaprodine; (11) Clonitazene; (12) Dextromoramide; (13) Dextrorphan; (14) Diampromide; (15) Diethylthiambutene; (16) Dimenoxadol; (17) Dimetheptanol; (18) Dimethylthiambutene; (19) Dioxaphetyl butyrate; (20) Dipipanone; (21) Ethylmethylthiambutene; (22) Etonitazene; (23) Etoxeridine; (24) Furethidine; (25) Hydroxypethidine; (26) Ketobemidone;

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(27) Levomoramide; (28) Levophenacylmorphan; (29) Morpheridine; (30) Noracymethadol; (31) Norlevorphanol; (32) Normethadone; (33) Norpipanone; (34) Phenadoxone; (35) Phenampromide; (36) Phenomorphan; (37) Phenoperidine; (38) Piritramide; (39) Proheptazine; (40) Properidine; (41) Propiram; (42) Racemoramide; (43) Trimeperidine; (c) Any of the following opium derivatives, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation: (1) Acetorphine; (2) Acetyldihydrocodeine; (3) Benzylmorphine; (4) Codeine methylbromide; (5) Codeine-N-Oxide; (6) Cyprenorphine; (7) Desomorphine; (8) Dihydromorphine;

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(9) Etorphine; (10) Heroin; (11) Hyromorphinol; (12) Methyldesorphine; (13) Methyldihydromorphine; (14) Morphine methylbromide; (15) Morphine methylsulfonate; (16) Morphine-N-Oxide; (17) Myrophine; (18) Nicocodeine; (19) Nicomorphine; (20) Normorphine; (21) Pholcodine; (22) Thebacon; (d) Any material, compound, mixture or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomers, (whether optical, position or geometric), and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers, and salts of isomers if possible within the specific chemical designation: (1) 3, 4-methylenedioxy amphetamine; (2) 5-methoxy-3, 4-methylenedioxy amphetamine; (3) 3, 4, 5-trimethoxy amphetamine; (4) Bufotenine; (5) Diethyltryptamine; (6) Dimethyltryptamine; (7) 4-methyl-2, 5-dimethoxyamphetamine; (8) Ibogaine; (9) Lysergic acid diethylamide;

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(10) Mescaline; (11) Peyote; (12) N-ethyl-3-piperidyl benzilate; (13) N-methyl-3-piperidyl benzilate; (14) Psilocybin; (15) Psilocyn; (16) Tetrahydrocannabinols; (17) 2, 5 Dimethoxyamphetamine; (18) 4-Bromo-2, 5, Dimethoxyamphetamine; (19) 4-Methoxyamphetamine. Section 79A-807. Schedule II. (a) The controlled substances listed in this section are included in Schedule II, unless and until amended pursuant to section 79A-803. (b) Any of the following substances, or salt thereof, except those narcotic drugs specifically exempted or listed in other schedules, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by combination or extraction and chemical synthesis; (1) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate, excluding naloxone hydrochloride, but including the following: (i) Raw Opium (ii) Opium extracts (iii) Opium fluid extracts (iv) Powdered opium (v) Granulated opium (vi) Tincture of opium (vii) Apomorphine

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(viii) Codeine (ix) Ethylmorphine (x) Hydrocodone (xi) Hydromorphone (xii) Metopon (xiii) Morphine (xiv) Oxycodone (xv) Oxymorphone (xvi) Thebaine (2) Any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in subparagraph (1) of this paragraph, except that these substances shall not include the isoquinoline alkaloids of opium. (3) Opium poppy and poppy straw. (4) Coca leaves, any salt, compound, derivative, or preparation of coca leaves, and any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions which do not contain cocaine or ecgonine. (c) Any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, whenever the existence of these isomers, esters, ethers and salts is possible within the specific chemical designation: (1) Alphaprodine; (2) Anileridine; (3) Bezitramide; (4) Dihydrocodeine; (5) Diphenoxylate;

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(6) Fentanyl; (7) Isomethadone; (8) Levomethorphan; (9) Levorphanol; (10) Methazocine; (11) Methadone; (12) Methadone - Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane; (13) Moramide - Intermediate, 2-methyl-3-morpholino-1, 1-diphenyl-propane-carboxylic acid; (14) Pethidine; (15) Pethidine - Intermediate - A, 4-cyano-1-methyl-4-phenylpiperidine; (16) Pethidine - Intermediate - B, ethyl-4-phenylpiperidine-4-carboxylate; (17) Pethidine - Intermediate - C, 1-methyl-4-phenylpiperidine-4-carboxylic acid; (18) Phenazocine; (19) Piminodine; (20) Racemethorphan; (21) Racemorphan. (d) Stimulants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances included as having a stimulant effect on the central nervous system: Stimulants. (1) Amphetamine, its salts, optical isomers, and salts of its optical isomers;

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(2) Any substance which contains any quantity of methamphetamine, including its salts, isomers, and salts of isomers; (3) Phenmetrazine and its salts; (4) Methylphenidate. (e) Depressants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any of the following substances, included as having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation: Depressants. (1) Methaqualone (2) Amobarbital (3) Secobarbital (4) Pentobarbital Section 79A-808. Schedule III. (a) The controlled substances listed in this Section are included in Schedule III, unless and until amended pursuant to section 79A-803. (b) Stimulants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances, included as having a stimulant effect on the central nervous system, including its salts, isomers (whether optical, position, or geometric), and salts of such isomers whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation: Stimulants. (1) Those compounds, mixtures or preparations in dosage unit forms containing any stimulant substances which are listed as excepted compounds by the Board of Pharmacy pursuant to this Chapter, and any other drug of quantitative composition so excepted, or which is the same except that it contains a lesser quantity of controlled substances.

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(2) Benzphetamine (3) Chlorphentermine (4) Clortermine (5) Mazindol (6) Phendimetrazine (c) Depressants. Unless specifically excepted, or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances included as having a depressant effect on the central nervous system: Depressants. (1) Any compound, mixture or preparation containing amobarbital, secobarbital, pentobarbital or any salts thereof and one or more other active medicinal ingredients which are not listed in any schedule. (2) Any suppository dosage form containing amobarbital, secobarbital, pentobarbital, or any salt of any of these drugs and approved by the Board of Pharmacy for marketing only as a suppository. (3) Any substance which contains any quantity of a derivative of barbituric acid or any salt thereof. (4) Chlorhexadol (5) Glutethimide (6) Lysergic acid (7) Lysergic acid amide (8) Methyprylon (9) Phencyclidine (10) Sulfondiethylmethane (11) Sulfonethylmethane (12) Sulfonmethane (d) Nalorphine

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(e) Narcotic drugs. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation containing limited quantities of the following narcotic drugs, or any salts thereof: Narcotic drugs. (1) Not more than 1.8 grams of codeine, or any of its salts, per 100 milliliters or not more than 90 milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium; (2) Not more than 1.8 grams of codeine, or any of its salts, per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active non-narcotic ingredients in recognized therapeutic amounts; (3) Not more than 300 milligrams of dihydrocodeinone, or any of its salts, per 100 milliliters or not more than 15 milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of opium; (4) Not more than 300 milligrams of dihydrocodeinone, or any of its salts, per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, non-narcotic ingredients in recognized therapeutic amounts; (5) Not more than 1.8 grams of dihydrocodeine, or any of its salts, per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active non-narcotic ingredients in recognized therapeutic amounts; (6) Not more than 300 milligrams of ethylmorphine, or any of its salts, per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more ingredients in recognized therapeutic amounts; (7) Not more than 500 milligrams of opium per 100 milliliters or per 100 grams, or not more than 25 milligrams per dosage unit, with one or more active, non-narcotic ingredients in recognized therapeutic amounts; (8) Not more than 50 milligrams of morphine, or any of its salts, per 100 milliliters or per 100 grams with one or

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more active, non-narcotic ingredients in recognized therapeutic amounts. (f) The Board of Pharmacy may except by rule any compound, mixture, or preparation containing any stimulant or depressant substance listed in subsections (b) and (c) from the application of all or any part of this Chapter if the compound, mixture, or preparation contains one or more active medicinal ingredients not having a stimultant or depressant effect on the central nervous system, and if the admixtures are included therein in combinations, quantity, proportion, or concentration that vitiate the potential for abuse of the substances which have a stimulant or depressant effect on the central nervous system. Section 79A-809. Schedule IV. (a) The controlled substances listed in this section are included in Schedule IV, unless and until amended pursuant to section 79A-803. (b) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers and salts of isomers is possible within the specified chemical designation, included as having a stimulant or depressant effect on the central nervous system or a hallucinogenic effect: (1) Barbital; (2) Chloral betaine; (3) Chloral hydrate; (4) Ethchlorvynol; (5) Ethinamate; (6) Methohexital; (7) Meprobamate; (8) Methylphenobarbital; (9) Paraldehyde; (10) Petrichloral;

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(11) Phenobarbital; (12) Fenfluramine; (13) Diethylpropion; (14) Phentermine; (c) The Board of Pharmacy may except by rule any compound, mixture, or preparation containing any depressant, stimulant, or hallucinogenic substance listed in subsection (b) from the application of all or any part of this Chapter if the compound, mixture, or preparation contains one or more active medicinal ingredients not having a depressant or stimulant effect on the central nervous system, and if the admixtures are included therein in combinations, quantity, proportion, or concentration that vitiate the potential for abuse of the substances which have a depressant or stimulant effect on the central nervous system. Section 79A-810. Schedule V. (a) The controlled substances listed in this section are included in Schedule V, unless and until amended pursuant to section 79A-803. (b) Any compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, or salts thereof, which also contains one or more non-narcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or preparation, valuable medicinal qualities other than those possessed by the narcotic drug alone: (1) Not more than 200 milligrams of codeine, or any of its salts, per 100 milliliters or per 100 grams; (2) Not more than 100 milligrams of dihydrocodeine, or any of its salts, per 100 milliliters or per 100 grams; (3) Not more than 100 milligrams of ethylmorphine, or any of its salts, per 100 milliliters or per 100 grams; (4) Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atrophine sulfate per dosage unit;

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(5) Not more than 100 milligrams of opium per 100 milliliters or per 100 grams. Section 79A-811. Prohibited Acts. (a) Except as authorized by this Chapter, it is unlawful for any person to possess or have under his control any controlled substance. (b) Except as authorized by this Chapter, it is unlawful for any person to manufacture, deliver, distribute, dispense, administer, sell or possess with intent to distribute any controlled substance. (c) Any person who violates section 79A-811(a) with respect to a controlled substance in Schedule I or narcotic drugs in Schedule II shall be guilty of a felony and shall be punished by imprisonment for not less than two (2) years nor more than fifteen (15) years. Upon conviction of a second or subsequent offense he shall be imprisoned for not less than five (5) years nor more than thirty (30) years. (d) Any person who violates section 79A-811(b) with respect to a controlled substance in Schedule I or narcotic drugs in Schedule II shall be guilty of a felony and shall be punished by imprisonment for not less than five (5) years nor more than thirty (30) years. Upon conviction of a second or subsequent offense he shall be imprisoned for life. (e) Any person who violates section 79A-811(a) with respect to a controlled substance in Schedule II, other than a narcotic drug, shall be guilty of a felony and shall be punished by imprisonment for not less than two (2) years nor more than fifteen (15) years. Upon conviction of a second or subsequent offense he shall be guilty of a felony and shall be punished by imprisonment for not less than five (5) years nor more than thirty (30) years. (f) Any person who violates section 79A-811(b) with respect to a controlled substance in Schedule II, other than a narcotic drug, shall be guilty of a felony and shall be punished by imprisonment for not less than five (5) years nor more than thirty (30) years.

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(g) Any person who violates section 79A-811(a) with respect to a controlled substance in Schedule III, IV or Schedule V shall be guilty of a felony and shall be punished by imprisonment for not less than one (1) years nor more than five (5) years. Upon conviction of a second or subsequent offense he shall be imprisoned for not less than one (1) year nor more than ten (10) years. (h) Any person who violates section 79A-811(b) with respect to a controlled substance in Schedule III, IV or Schedule V shall be guilty of a felony and shall be punished by imprisonment for not less than one (1) year nor more than ten (10) years. (i) Except as authorized by this Chapter, it is unlawful for any person to possess, have under his control, manufacture, deliver, distribute, dispense, administer, sell or possess with intent to distribute a counterfeit substance. Any person who violates this subsection shall be guilty of a felony and shall be punished by imprisonment for not less than one (1) year nor more than ten (10) years. (j) Possession or sale of marijuana. It is unlawful for any person to possess, have under his control, manufacture, deliver, distribute, dispense, administer, sell, or possess with intent to distribute marijuana. Except as provided in section 79A-9917, any person who violates this subsection shall be guilty of a felony and shall be punished by imprisonment for not less than one (1) year nor more than ten (10) years. Section 79A-812. Attempt and Conspiracy. Any person who attempts or conspires to commit any offense defined in this Chapter shall be punished by imprisonment not exceeding the maximum punishment prescribed for the offense, the commission of which was the object of the attempt or conspiracy. Section 79A-813. Rules. The Board of Pharmacy may promulgate rules and charge reasonable fees relating to the registration and control of the manufacture, distribution, and dispensing of controlled substances within this State.

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Section 79A-814. Registration Requirements. (a) Every person who manufactures, distributes, or dispenses any controlled substances within this State or who proposes to engage in the manufacture, distribution, or dispensing of any controlled substance within this State, must obtain annually a registration issued by the Board of Pharmacy in accordance with its rules. (b) Persons registered by the Board of Pharmacy under this Chapter to manufacture, distribute, dispense, or conduct research with controlled substances may possess, manufacture, distribute, dispense, or conduct research with those substances to the extent authorized by their registration and in conformity with the other provisions of this Chapter. (c) The following persons need not register and may lawfully possess controlled substances under this Chapter: (1) An agent or employee of any registered manufacturer, distributor, or dispenser or any controlled substance if he is acting in the usual course of his business or employment; (2) A common or contract carrier or warehouseman, or any employee thereof, whose possession of any controlled substance is in the usual course of his business or employment; (3) An ultimate user or a person in possession of any controlled substance pursuant to a lawful order of a practitioner or in lawful possession of a Schedule V substance; (4) Officers and employees of this State, or of a political subdivision of this State or of the United States while acting in the course of their official duties. (d) The Board of Pharmacy may waive by rule the requirements for registration of certain manufacturers, distributors, or dispensers if it finds it consistent with the public health and safety. (e) A separate registration is required at each principal

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place of business of professional practice where the applicant manufactures, distributes, or dispenses controlled substances. (f) The Board of Pharmacy, Drug Inspectors or other Agents designated by the Board of Pharmacy for this purpose, may inspect the establishment of a registrant or applicant for registration in accordance with the Board of Pharmacy rules and the provisions of this Chapter. (g) The following persons are registered under this Chapter and are exempt from the registration fee and registration application requirements of this Chapter: (1) persons licensed by the Board of Pharmacy as a pharmacist or a pharmacy under the provisions of this Code Title 79A; (2) persons licensed as a physician, dentist or veterinarian under the laws of the State to use, mix, prepare, dispense, prescribe and administer drugs in connection with medical treatment to the extent provided by the laws of this State; (3) an employee, agent or representative of any person described in paragraph (1) or (2) of this subsection acting in the usual course of his employment or occupation and not on his own account, provided that suspension or revocation of licensure as set forth in paragraph (1) and (2) of this subsection shall nullify exemption as set forth in this subsection. Section 79A-815. Registration. (a) The Board of Pharmacy shall register an applicant to manufacture or distribute controlled substances included in sections 79A-806, 79A-807, 79A-808, 79A-809, and 79A-810 unless it determines that the issuance of that registration would be inconsistent with the public interest. In determining the public interest, the Board of Pharmacy shall consider the following factors: (1) maintenance of effective controls against diversion

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of controlled substances into other than legitimate medical, scientific, or industrial channels; (2) compliance with applicable State and local law; (3) any convictions of the applicant under any Federal or State laws relating to any controlled substance; (4) past experience in the manufacture or distribution of controlled substances, and the existence in the applicant's establishment of effective controls against diversion; (5) furnishing by the applicant of false or fraudulent material in any application filed under this Chapter; (6) suspension or revocation of the applicant's Federal registration to manufacture, distribute, or dispense controlled substances as authorized by Federal Law; and (7) any other factors relevant to and consistent with the public health and safety; (8) suspension or revocation of the applicant's registration or license to manufacture, distribute or dispense controlled substances, drugs or narcotics in this State or any other state of the United States. (b) Registration under subsection (a) does not entitle a registrant to manufacture and distribute controlled substances in Schedule I or II other than those specified in the registration. (c) Practitioners must be registered under Georgia Law to dispense any controlled substances or to conduct research with controlled substances in Schedules II through V if they are authorized to dispense or conduct research under the law of this State. The Board of Pharmacy need not require separate registration under this Section for practitioners engaging in research with non-narcotic controlled substances in Schedules II through V where the registrant is already registered under this Chapter in another capacity. Practitioners registered under Federal law to conduct research

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with Schedule I substances may conduct research with Schedule I substance within this State upon furnishing the Board of Pharmacy satisfactory evidence of that Federal Registration. (d) Compliance by manufacturers and distributors with the provisions of the Federal law respecting registration (excluding fees) entitles them to be registered under this Chapter. Section 79A-816. Revocation and Suspension of Registration. (a) A registration under section 79A-815 to manufacture, distribute, or dispense a controlled substance may be suspended or revoked by the Board of Pharmacy upon a finding that the registrant: (1) has furnished false or fraudulent material information in any application filed under this Chapter; (2) has been convicted of a felony under any State or Federal law relating to any controlled substance; or (3) has had his Federal registration suspended or revoked to manufacture, distribute, or dispense controlled substances; (4) has violated any provision of this Chapter or the rules and regulations promulgated thereunder; (5) has failed to maintain sufficient controls against diversion of controlled substances into other than legitimate medical, scientific or industrial channels. (b) The Board of Pharmacy may limit revocation or suspension of a registration to the particular controlled substance with respect to which grounds for revocation or suspension exist. (c) If the Board of Pharmacy suspends or revokes a registration, all controlled substances owned or possessed by the registrant at the time of suspension or the effective date of the revocation order shall be placed under seal. No disposition

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may be made of substances under seal until the time for taking an appeal has elapsed or until all appeals have been concluded unless a court, upon application therefor, orders the sale of perishable substances and the deposit of the proceeds of the sale with the court. Upon a revocation order becoming final, all controlled substances shall be forfeited to the State. (d) The Board of Pharmacy shall promptly notify the Bureau of all orders suspending or revoking registration and all forfeitures of controlled substances. Section 79A-817. Order to Show Cause. (a) Before denying, suspending, revoking or limiting registration, or refusing a renewal of registration, the Board of Pharmacy shall serve upon the applicant or registrant an order to show cause why registration should not be denied, revoked, limited or suspended, or why the renewal should not be refused. The order to show cause shall contain a statement of the basis therefore and shall call upon the applicant or registrant to appear before the Board of Pharmacy at a time and place not less than 30 days after the date of service of the order, but in the case of a denial of renewal of registration the show cause order shall be served not later than 30 days before the expiration of the registration. These proceedings shall be conducted in accordance with the Georgia Administrative Procedure Act without regard to any criminal prosecution or other proceeding. Proceedings to refuse renewal or registration shall not abate the existing registration which shall remain in effect pending the outcome of the administrative hearing. (b) The Board of Pharmacy shall suspend, without an order to show cause, any registration simultaneously with the institution of proceedings under Section 79A-816, or where renewal of registration is refused, if it finds that there is an imminent danger to the public health or safety which warrants this action. The suspension shall continue in effect until the conclusion of the proceedings, including judicial review thereof, unless sooner withdrawn by the Board of Pharmacy or dissolved by a court of competent jurisdiction.

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Section 79A-818. Records of Registrants. Persons registered to manufacture, distribute, or dispense controlled substances under this Chapter shall keep a complete and accurate record of all controlled substances on hand, received, manufactured, sold, dispensed or otherwise disposed of, and shall maintain such records and inventories in conformance with the record-keeping and inventory requirements of Federal law and with any rules issued by the Board of Pharmacy. Section 79A-819. Order Forms. Controlled substances in Schedule I and II shall be distributed by a registrant to another registrant only pursuant to an order form. Compliance with the provisions of Federal law respecting order forms shall be deemed compliance with this Section. Section 79A-820. Prescriptions. (a) Except when dispensed directly by a registered practitioner, other than a pharmacy or pharmacist, to an ultimate user, no controlled substance in Schedule II may be dispensed without the written prescription of a registered practitioner. (b) When a registered practitioner writes a prescription to cause the dispensing of Schedule II substance he shall include the name and address of the person for whom it is prescribed, the kind and quantity of such Schedule II Controlled Substance, the directions for taking, the signature, name, address and Federal Registration number of the prescribing practitioner, and such prescriptions shall be signed and dated by the prescribing practitioner on the date when issued. (c) In emergency situations, as defined by rule of the Board of Pharmacy, Schedule II drugs may be dispensed upon oral prescription of a registered practitioner, reduced promptly to writing and filed by the Pharmacy. Prescriptions shall be retained in conformity with the requirements of section 79A-818. No prescription for a Schedule II substance may be refilled. (d) Except when dispensed directly by a practitioner, other than a pharmacy or pharmacist, to an ultimate user,

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a controlled substance included in Schedule III or IV, which is a prescription drug as determined under any law of this State, or the Federal Food, Drug and Cosmetic Act (52 Stat. 1040 (1938), 21 USC 301) shall not be dispensed without a written or oral prescription of a registered practitioner. The prescription shall not be filled or refilled more than 6 months after the date on which such prescription was issued, or be refilled more than 5 times. (e) A controlled substance included in Schedule V shall not be distributed or dispensed other than for a legitimate medical purpose. (f) No person shall prescribe or order the dispensing of a controlled substance except a registered practitioner who is: (1) licensed or otherwise authorized by the State of Georgia to prescribe controlled substances; and (2) acting in the usual course of his professional practice; and (3) prescribing or ordering such controlled substances for a legitimate medical purpose. (g) No person shall fill or dispense a prescription for a controlled substance except a person who is licensed by the State of Georgia as a pharmacist, or a pharmacy intern acting under the immediate and direct personal supervision of a licensed pharmacist, in a pharmacy licensed by the Board of Pharmacy, provided that such shall not prohibit a registered physician, dentist, veterinarian or other registered practitioner authorized by the State of Georgia to dispense controlled substances as provided in this Chapter. Section 79A-821. Prohibited Acts. (a) It is unlawful for any person: (1) who is subject to the requirements of section 79A-814 to distribute or dispense a controlled substance in violation of section 79A-820;

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(2) who is a registrant, to manufacture a controlled substance not authorized by his registration, or to distribute or dispense a controlled substance not authorized by his registration to another registrant or other authorized person; (3) to refuse or fail to make, keep or furnish any record, notification, order form, statement, invoice or information required under this Chapter; (4) to refuse an entry into any premises for any inspection authorized by this Chapter; or (5) knowingly to keep or maintain any store, shop, warehouse, dwelling, building, vehicle, boat, aircraft, or other structure or place, which is resorted to by persons using controlled substances in violation of this Chapter for the purpose of using these substances, or which is used for keeping or selling them in violation of this Chapter. (b) Any person who violates this section is guilty of a crime and upon conviction may be imprisoned for not more than five (5) years, fined not more than $25,000, or both. Section 79A-822. Prohibited Acts. (a) It is unlawful for any person: (1) who is a registrant, to distribute a controlled substance classified in Schedules I or II, except pursuant to an order form as required by section 79A-819 of this Chapter; (2) to use in the course of the manufacture or distribution of a controlled substance a registration number which is fictitious, revoked, suspended, or issued to another person; (3) to acquire or obtain possession of a controlled substance by misrepresentation, fraud, forgery, deception or subterfuge; (4) to furnish false or fraudulent material information in, or omit any material information from, any application,

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report, or other document required to be kept or filed under this Chapter, or any record required to be kept by this Chapter; or (5) to make, distribute, or possess any punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another or any likeness of any of the foregoing upon any drug or container or labeling thereof so as to render the drug a counterfeit substance. (b) Any person who violates this Section is guilty of a crime and upon conviction may be imprisoned for not more than eight (8) years, or fined not more than $50,000, or both. Section 79A-823. Penalties Under Other Laws. Any penalty imposed for violation of this Chapter is in addition to, and not in lieu of, any civil or administrative penalty or sanction otherwise authorized by law. Section 79A-824. Powers of Enforcement Personnel. (a) Any officer or employee of the Board of Pharmacy designated by the Chief Drug Inspector may: (1) carry firearms in the performance of his official duties; (2) execute and serve search warrants, arrest warrants, administrative inspection warrants, subpoenas, and summonses issued under the authority of this State; (3) make arrests without warrant for any offense under this Chapter committed in his presence, or if he has probable cause to believe that the person to be arrested has committed or is committing a violation of this Chapter which may constitute a felony; (4) make seizures of property pursuant to this Chapter; or (5) perform other law enforcement duties as the Board of Pharmacy or Chief Drug Inspector designates.

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Section 79A-825. Administrative Inspections and Warrants. (a) Issuance and execution of inspection warrants shall be as follows: (1) A judge of the Superior, City or County Court, or Justice of the Peace, or any municipal officer clothed by law with the powers of a Justice of the Peace upon proper oath or affirmation showing probable cause, may issue warrants for the purpose of conducting inspections authorized by this Chapter or rules hereunder, and seizures of property appropriate to the inspections. For purpose of the issuance of inspection warrants, probable cause exists upon showing a valid public interest in the effective enforcement of this Chapter or rules hereunder, sufficient to justify inspection of the area, premises, building or conveyance in the circumstances specified in the application for the warrant; (2) A warrant shall issue only upon an affidavit of a designated officer, drug inspector or employee of the Board of Pharmacy having knowledge of the facts alleged, sworn to before the Judicial officer and establishing the grounds for issuing the warrant. If the Judicial officer is satisfied that grounds for the application exist or that there is probable cause to believe they exist, he shall issue a warrant identifying the area, premises, building, registrant or conveyance to be inspected, the purpose of the inspection, and if appropriate, the type of property to be inspected, if any, the warrant shall: (i) state the grounds for its issuance and the name of each person whose affidavit has been taken in support thereof; (ii) be directed to persons authorized by section 79A-824 to execute it; (iii) command the persons to whom it is directed to inspect the area, premises, building, registrant or conveyance identified for the purpose specified and, if appropriate, direct the seizure of the property specified;

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(iv) identify the item or types of property to be seized, if any; (v) designate the Judicial officer to whom it shall be returned; (3) A warrant issued pursuant to this Section must be executed and returned within 10 days of its date unless, upon a showing of a need for additional time, the court orders otherwise. If property is seized pursuant to a warrant, a copy shall be provided upon request to the person from whom or from whose premises the property is taken, together with a receipt for the property taken. The return of the warrant shall be made promptly, accompanied by a written inventory of any property taken. A copy of the inventory shall be delivered upon request to the person from whom or from whose premises the property was taken and to the applicant for the warrant. (4) The Judicial officer who has issued a warrant shall attach thereto a copy of the return and all papers returnable in connection therewith and file them with the clerk of the Superior Court for the County in which the inspection was made. (b) The Board of Pharmacy, Chief Drug Inspector or Drug Inspector may make inspections of controlled premises in accordance with the following provisions: (1) For purposes of this section only, controlled premises means: (i) places where persons registered or exempted from registration requirements under this Chapter are required to keep records; and (ii) places including factories, warehouses, establishments, and conveyances in which persons registered or exempted from registration requirements under this Chapter are permitted to hold, manufacture, compound, process, sell, deliver, or otherwise dispose of any controlled substance.

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(2) When authorized by an inspection warrant issued pursuant to subsection (a) an officer or employee designated by the Board of Pharmacy or Chief Drug Inspector, upon presenting the warrant and appropriate credentials to the owner, operator, or agent in charge, may enter controlled premises for the purpose of conducting an inspection. (3) When authorized by an inspection warrant, an officer or employee designated by the Board of Pharmacy or Chief Drug Inspector may: (i) inspect and copy records required by this Chapter to be kept; (ii) inspect, within reasonable limits and in a reasonable manner, controlled premises and all pertinent equipment, finished and unfinished material, containers and labeling found therein, and except as provided in subsection (b) (5), all other things therein, including records, files, papers, processes, controls, and facilities bearing on violation of this Chapter; and (iii) inventory any stock of any controlled substance therein and obtain samples thereof; (4) This Section does not prevent the inspection without a warrant of books and records pursuant to an administrative inspection in accordance with subsection (c) of this section, nor does it prevent entries and inspections, including seizures of property, without a warrant: (i) if the owner, operator, or agent in charge of the controlled premises consents; (ii) in situations presenting imminent danger to health or safety; (iii) in situations involving inspection of conveyance if there is reasonable cause to believe that the mobility of the conveyance makes it impracticable to obtain a warrant; (iv) in any other exceptional or emergency circumstance

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where time or opportunity to apply for a warrant is lacking; or (v) in all other situations in which a warrant is not constitutionally required; (5) An inspection authorized by this Section shall not extend to financial data, sales data, other than shipment data, or pricing data unless the owner, operator, or agent in charge of the controlled premises consents in writing. (c) The Georgia State Board of Pharmacy, its members or duly authorized agents or drug inspectors, shall have the power to inspect, without a warrant, in a lawful manner at all reasonable hours, any pharmacy or other place licensed by the Board of Pharmacy pursuant to the provisions of Chapter 79A-5, Georgia Code Annotated, for the purpose: (1) of determining if any of the provisions of this title, or any rule or regulation promulgated under its authority, is being violated and, (2) to secure samples or specimens of any drug or medical supplies, after first paying, or offering to pay for such samples or specimens; (3) to secure other such evidence as may be needed for an administrative proceedings action, as provided by this title. Section 79A-826. Injunctions. (a) The superior courts of this State may exercise jurisdiction to restrain or enjoin violations of this Chapter. (b) The defendant may demand trial by jury for an alleged violation of injunction or restraining order under this Section. Section 79A-827. Cooperative Arrangements and Confidentiality. (a) The Board of Pharmacy shall cooperate with Federal and other State agencies in discharging its responsibilities concerning traffic in controlled substances and in

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suppressing the abuse of controlled substances. To this end, it may: (1) arrange for the exchange of information among governmental officials concerning the use and abuse of controlled substances; (2) coordinate and cooperate in training programs concerning controlled substance law enforcement at local and state levels; (3) cooperate with the Bureau by establishing a centralized unit to accept, catalogue, file, and collect statistics, including records, other than medical treatment records, of drug dependent persons and other controlled substance law offenders within the State, and make the information available for Federal, State and local law enforcement purposes; and (4) conduct or promote programs of eradication aimed at destroying wild or illicit growth of plant species from which controlled substances may be extracted. (b) Results, information, and evidence received from the Bureau relating to the regulatory functions of this Chapter, including results of inspections conducted by it may be relied and acted upon by the Board of Pharmacy or Drug Inspectors in the exercise of its regulatory functions under this Chapter. Section 79A-828. Forfeitures. (a) The following are subject to forfeitures: (1) all controlled substances which have been manufactured, distributed, dispensed, held, or acquired in violation of this Chapter; and (2) all raw materials, products and equipment of any kind which are used, or intended for use, in manufacturing, compounding, processing, delivering, importing, or exporting any controlled substance in violation of this Chapter; and

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(3) all property which is used, or intended for use, as a container for property described in paragraphs (1) and (2); and (4) all conveyances, including aircraft, vehicles or vessels, which are used, or intended for use, to transport, hold, conceal, or in any manner to facilitate the transportation, for the purpose of sale or receipt of property described in paragraph (1) or (2), but: (i) no conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this Section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of this Chapter; (ii) no conveyance is subject to forfeiture under this Section by reason of any act or omission established by the owner thereof to have been committed or omitted without his knowledge or consent; (iii) a forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if he neither had knowledge of, nor consented to the act or omission. (5) All books, records and research products and materials, including formulas, microfilm, tapes, and data which are used, or intended to be used, in violation of this Chapter; and (b) Property subject to forfeiture under this Chapter may be seized by the Chief Drug Inspector or duly authorized agents or drug inspectors of the Board of Pharmacy, or by any law enforcement officer of this State, or any political subdivision thereof, who has the power to make arrests and whose duty is to enforce the provisions of this Chapter, upon process issued by any court having jurisdiction over the property. Seizure without process or warrant may be made if: (1) the seizure is incident to an arrest or a search under

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a search warrant or an inspection under an inspection warrant; (2) the property subject to seizure has been the subject or a prior judgment in favor of the State in a criminal injunction or forfeiture proceeding based upon this Chapter; or (3) the Chief Drug Inspector or duly authorized agents or drug inspectors of the Board of Pharmacy has probable cause to believe that the property is directly dangerous to health or safety; or (4) the Chief Drug Inspector, Agents, Drug Inspectors or police officers as set forth in subsection (b) of this Section has probable cause to believe that the property was used or is intended to be used in violation of this Chapter. (c) In the event of seizure pursuant to subsection (b) of this Section, proceedings under subsection (d) shall be instituted promptly. (d) Property taken or detained under this Section shall not be subject to replevin, but is deemed to be in the custody of the Board of Pharmacy, subject only to the orders and decrees of the court having jurisdiction over the forfeiture proceedings. When property is seized under this Chapter, the Chief Drug Inspector or duly authorized agents, drug inspectors or law enforcement officers seizing such property shall: (1) place the property under seal; (2) remove the property to a place designated by the Chief Drug Inspector or duly authorized agents or drug inspectors of the Board of Pharmacy; or (3) deliver such property to the Sheriff or Police Chief of the county in which the seizure occurred and such Sheriff or Police Chief shall take custody of the property and remove it to an appropriate location for disposition in accordance with law.

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(e) When an article, equipment, controlled substance, conveyance or other thing is seized under this Chapter the sheriff, drug inspector or law enforcement officer seizing the same shall report the fact of seizure, within ten (10) days thereof, to the District Attorney of the Judicial Circuit having jurisdiction in the county where the seizure was made. Within thirty (30) days from the date he receives notice of such seizure, such District Attorney of said Judicial Circuit or the Chief Drug Inspector on his behalf, shall cause to be filed in the Superior Court of the county in which the conveyance is seized or detained a libel for condemnation of such merchandise as herein provided. The proceedings shall be brought in the name of the State by the District Attorney of the Circuit in which the merchandise was seized, and the libel shall be verified by a duly authorized agent of the State in a manner required by the law of this State. The libel shall describe the merchandise, state its location, state its present custodian, state the name of the owner, if known, to the duly authorized agent of the State, allege the essential elements of the violation which is claimed to exist, and shall conclude with a prayer of due process to enforce the forfeiture. Upon the filing of such a libel, the court shall promptly cause process to issue to the present custodian in possession of the merchandise described in the libel, commanding him to seize the merchandise described in the libel and to hold that merchandise for further order of the court. Service of process of said libel and order shall be made promptly upon the owner of said merchandise. Such service may be made personally, by mail, or by publication according to the rules governing the service of civil process in this State. At the expiration of twenty (20) days after such filling, if no claimant has appeared to defend said libel, the court shall order the disposition of said seized merchandise as provided herein. (f) When property is forfeited under this Chapter the Chief Drug Inspector may: (1) retain it for official use by any agency of this State or any political subdivision thereof; or (2) sell that which is not required to be destroyed by law

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and which is not harmful to the public. The proceedings shall be used for payment of all proper expenses of the proceedings for forfeiture and sale, including the expenses of seizure, maintenance of custody, advertising and court costs; or (3) require the Sheriff or Police Chief of the county in which the seizure occurred to take custody of the property and remove it for disposition in accordance with law. (g) Controlled substances listed in Schedule I that are possessed, transferred, sold, or offered for sale in violation of this Chapter are contraband and shall be seized and summarily forfeited to the State. Controlled substances listed in Schedule I, which are seized or come into the possession of the State, the owners of which are unknown, are contraband and shall be summarily forfeited to the State. (h) Species of plants from which controlled substances in Schedules I and II may derive, which have been planted or cultivated in violation of this Chapter, or of which the owners or cultivators are unknown, or which are wild growths, may be seized and summarily forfeited to the State. (i) The failure, upon demand by the Chief Drug Inspector, Agents, Drug Inspectors, or law enforcement officers as set forth in subsection (b) of this Section, of the person in occupancy or in control of land or premises upon which the species of plants are growing or being stored, to produce an appropriate registration, or proof that he is the holder thereof, constitutes authority for the seizure and forfeiture of the plants. Section 79A-829. Burden of Proof. (a) It is not necessary for the State to negate any exemption or exception in this Chapter in any complaint, information, indictment or other pleading or in any trial, hearing, or other proceeding under this Chapter. The burden of proof, of any exemption or exception is upon the person claiming it.

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(b) In the absence of proof that a person is the duly authorized holder of an appropriate registration or order form issued under this Chapter, he is presumed not to be the holder of the registration or form. The burden of proof is upon him to rebut the presumption. (c) No liability is imposed by this Chapter upon any authorized state, county or municipal officer, engaged in the lawful performance of his duties. Section 79A-830. Judicial Review. All final determinations, findings and conclusions of the Board of Pharmacy under this Chapter are final and conclusive decisions of the matters involved. Any person aggrieved by the decision may obtain review of the decision in Fulton County Superior Court. Findings of fact by the Board of Pharmacy, if supported by substantial evidence, are conclusive. Section 79A-831. Information and Research. (a) The Board of Pharmacy and Chief Drug Inspector's office shall carry out programs designed to prevent and deter misuse and abuse of controlled substances. (b) The Board of Pharmacy and Chief Drug Inspector's office shall encourage research on misuse and abuse of controlled substances. In connection with the research, and in furtherance of the enforcement of this Chapter, it may: (1) establish methods to assess accurately the effects of controlled substances and identify and characterize those with potential for abuse; (2) make studies and undertake programs of research to: (i) develop new or improved approaches, techniques, systems, equipment and devices to strengthen the enforcement of this Chapter; (ii) determine patterns of misuse and abuse of controlled substances and the social effects thereof; and, (iii) improve methods for preventing, predicting, understanding

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and dealing with the misuse and abuse of controlled substances; and, (3) enter into agreements with public agencies, institutions of higher education, and private organizations or individuals for the purpose of conducting research, demonstrations, or special projects which bear directly on misuse and abuse of controlled substances. (c) The Board of Pharmacy, in the public interest, may authorize persons engaged in research on the use and effects of controlled substances to withhold the names and other identifying characteristics of individuals who are the subjects of the research. Persons who obtain this authorization are not compelled in any civil, criminal, administrative, legislative, or other proceeding to identify the individuals who are the subjects of research for which the authorization was obtained. (d) The Board of Pharmacy may authorize the possession and distribution of controlled substances by persons engaged in research. Persons who obtain this authorization are exempt from State prosecution for possession and distribution of controlled substances to the extent of the authorization. Section 79A-832. Pending Proceedings. (a) Prosecution for any violation of law occurring prior to the effective date of this Chapter is not affected or abated by this Chapter. If the offense being prosecuted is similar to one set out in this Chapter, then the penalties under this Chapter apply if they are less than those under prior law. (b) Civil seizures or forfeitures and injunctive proceedings commenced prior to the effective date of this Chapter are not affected by this Chapter. (c) All administrative proceedings pending under prior laws which are superseded by this Chapter shall be continued and brought to a final determination in accord with the laws and rules in effect prior to the effective date of the Chapter. Any substance controlled under prior law which

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is not listed within Schedules I through V, is automatically controlled without further proceedings and shall be listed in the appropriate schedule. (d) The Board of Pharmacy shall initially permit persons to register who own or operate any establishment engaged in the manufacture, distribution, or dispensing of any controlled substance prior to the effective date of this Chapter and who are registered or licensed by the State. (e) This Chapter applies to violation of law, seizures, and forfeitures, injunctive proceedings, administrative proceedings, and investigations which occur following its effective date. Section 79A-833. Continuation of Rules. Any orders and rules promulgated under any law affected by this Chapter and in effect on the effective date of this Chapter and not in conflict with it continue in effect until modified, superseded or repealed. Section 79A-834. Uniformity of Interpretation. This Chapter shall be so applied and construed as to effectuate its general purpose to make uniform the law with respect to the subject of this Chapter among those states which enact it. Section 2. Code Title 79A, relating to pharmacists, pharmacy, drugs and narcotics, as amended, is hereby amended by striking section 79A-302 in its entirety and substituting in lieu thereof the following: Section 79A-302. Authority to arrest for violations and to seize contraband. The chief drug inspector and the assistant drug inspectors shall have the authority and power that sheriffs possess to make arrests of any persons violating or charged with violating the provisions of Chapter 79A-7 of this Title, known as the `Dangerous Drug Act', as amended; or Chapter 79A-8 of this Title, known as the `Georgia Controlled Substances Act', as amended. In case of such arrest the chief

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drug inspector or any of the assistants shall immediately deliver the person so arrested to the custody of the sheriff of the county wherein the offense is alleged to have been committed. The duty of the sheriff in regard to the person delivered to him by any person arresting under the provisions of this Section shall be the same as if the sheriff had made the original arrest. Such inspectors are authorized and directed to seize and take possession of all articles which are declared to be contraband under the provisions of said Chapters and shall deliver such articles to such sheriff. Code 79A-302 Amended. Nothing contained herein shall be construed to entitle the chief drug inspector and the assistant drug inspectors to membership in the Peace Officers Annuity and Benefit Fund. Section 3. Code Title 79A, relating to pharmacists, pharmacy, drugs and narcotics, as amended, is hereby amended by striking section 79A-9917 in its entirety and substituting in lieu thereof the following: Section 79A-9917. Conditional discharge for possession as first offense. Whenever any person who has not previously been convicted of any offense under Chapters 79A-7, known as the Dangerous Drug Act, or 79A-8, known as the Georgia Controlled Substances Act, or of any Statute of the United States or of any State relating to narcotic drugs, marijuana, or stimulant, depressant, or hallucinogenic drugs, pleads guilty to or is found guilty of possession of a narcotic drug, marijuana, or stimulant, depressant or hallucinogenic drug, the court may, without entering a judgment of guilt and with the consent of such person, defer further proceedings and place him on probation upon such reasonable terms and conditions as the court may require, terms, preferably, which require the person to undergo a comprehensive rehabilitation program (including, if necessary, medical treatment), not to exceed three years, designed to acquaint him with the ill effects of drug abuse and to provide him with knowledge of the gains and benefits which can be achieved by being a good member of society. Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed accordingly. Upon fulfillment

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of the terms and conditions, the court shall discharge such person and dismiss the proceedings against him. Discharge and dismissal under this Section shall be without court adjudication of guilt and shall not be deemed a conviction for purposes of this Section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. Discharge and dismissal under this Section may occur only once with respect to any person. 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 (12) months or a fine not to exceed $1,000, or both. Subsequent offenses of possession of one ounce or less of marijuana shall be punished as a misdemeanor. Section 4. 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 this Act if it had known that such part or parts thereof would be declared or adjudged invalid or unconstitutional. Section 5. Specific Repealer. Sections 79A-9911, 79A-9915 and 79A-9916 of Code Title 79A are hereby repealed in their entirety. Section 6. Nothing in this Act shall be construed to

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amend, modify, supersede or repeal Code Chapter 79A-11, relating to exemptions from Code Title 79A. Section 7. Effective Date. This Act shall become effective on July 1, 1974. Section 8. General Repeals. All laws and parts of laws in conflict with this Act are hereby repealed, provided that the laws of the State of Georgia relative to intent required for the commission of a crime are not repealed. Approved March 18, 1974. EDUCATIONPROVISION MADE FOR MARRIED STUDENTS, ETC. No. 824 (Senate Bill No. 504). An Act to amend an Act known as the Minimum Foundation Program of Education Act, approved January 24, 1964 (Ga. L. 1964, p. 3), as amended, so as to provide for instruction of pupils who are married, a parent, or pregnant, whether married or unmarried; to provide for other matters relevant 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 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 after section 28A, to be designated section 28B, to read as follows: Section 28B. Married pupils; pupils who are parents; pregnant pupils. (a) Every local unit of administration shall provide for the assignment of pupils who are married, a parent, or pregnant, whether married or unmarried, to programs of instruction within its regular day-time educational program; provided, that a local unit of administration may

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develop and implement special programs of instruction limited to such students within the regular day-time educational program. These programs may include instruction in prenatal care and child care. (b) The State Board of Education is authorized and directed to promulgate rules and regulations whereby a pupil who is married, a parent, or pregnant may be excused from the regular program of instruction for reasons of the health of the pupil or of a pupil's child or child-to-be and upon the written request of a licensed physician. Such rules and regulations may provide for participation by the pupil so excused in special evening or home instruction programs where funds are available to a local unit of administration for such purposes. Rules. 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 18, 1974. HEALTHCOUNCIL ON MATERNAL HEALTH RENAMED, ETC. No. 825 (Senate Bill No. 649). An Act to amend an Act to create the Council on Maternal Health, approved March 31, 1972 (Ga. L. 1972, p. 635), so as to change the name of said Council; to change the membership of said Council; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to create the Council on Maternal Health, approved March 31, 1972 (Ga. L. 1972, p. 635), is

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hereby amended by striking section 1 in its entirety and substituting in lieu thereof a new section 1 to read as follows: Section 1. There is hereby created the Council on Maternal and Infant Health which shall be composed of fourteen persons appointed by the Governor, and confirmed by the Senate for terms of four years each and until their successors are appointed and qualified. The appointees shall be composed of a cross-section of professional and institutional personnel with representatives of the general public, and shall include an equal number of obstetricians and pediatricians. It shall also include nurses, hospital administrators, public health physicians and educators. The Council shall elect its own Chairman and other officers as deemed necessary and it shall devise rules and procedures. It shall meet upon call of its Chairman, the Board of Health or the Director of the Department of Public Health. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1974. GRAND JURIESCERTAIN SPECIAL PURPOSE GRAND JURIES AUTHORIZED. (600,000 OR MORE). Code Title 59-6A enacted. No. 827 (House Bill No. 992). An Act to amend Code Title 59, relating to juries, as amended, so as to provide for special purpose grand juries in certain counties; to provide for all procedures, requirements and other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Title 59, relating to juries, as amended,

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is hereby amended by adding between Code Chapter 59-6 and Code Chapter 59-7 a new code chapter to be designated Code Chapter 59-6A and to read as follows: 59-6A Special Purpose Grand Juries for Certain Counties. 59-601A. Applicability and Construction. The provisions of this Code Chapter shall apply only to grand juries of counties of this State having a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census. Except as otherwise provided by this Code Chapter, the provisions of law relative to grand juries shall apply to the grand juries provided for by this Code Chapter. 59-602A. Special purpose grand juries. (a) The Chief Judge of the Superior Court of any such county, on his own motion or on petition of any elected public official of any such county or of a municipality lying wholly or partially within any such county may request the judges of the superior court of such county to empanel a special grand jury for the purpose of investigating any alleged violation of the laws of this State or any other matter subject to investigation by grand juries as provided by law. (b) The Chief Judge of the Superior Court of any such county shall submit the question of empaneling a special grand jury to the judges of the superior court of such county, and if a majority of the total number of such judges vote in favor of empaneling a special grand jury, then the members of such special grand jury shall be drawn in the manner prescribed by Code section 59-203 of this Code Title. Any such special grand jury shall consist of not less than 16 nor more than 23 persons. The foreman of any such special grand jury shall be selected in the manner prescribed by Code section 59-208 of this Code Title. (c) While conducting any investigation authorized by this chapter, investigative grand juries may compel evidence and subpoena witnesses, may inspect records, documents,

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correspondence and books of any department, agency, board, bureau, commission, institution or authority of the State or any of its political subdivisions, and may require the production of records, documents, correspondence and books of any person, firm or corporation which relate directly or indirectly to the subject of the investigation being conducted by such investigative grand jury. 59-603A. Supervision; termination of special grand juries. (a) When a special grand jury is empaneled pursuant to Code section 59-603A of this Chapter, the Chief Judge of the Superior Court of such county shall assign a judge of the superior court of such county to supervise and assist the special grand jury in carrying out its investigation and duties. The judge so assigned shall charge the special grand jury as to its powers and duties and shall require periodic reports of the special grand jury's progress, as well as a final report. (b) When the judge assigned to a special grand jury decides that the special grand jury's investigation has been completed or on the issuance of a report by the special grand jury of the matter investigated by it and reporting that the investigation has been completed, the judge so assigned shall recommend to the Chief Judge of the Superior Court that the special grand jury be dissolved. The Chief Judge shall report such recommendation to the judges of the superior court of such county and upon a majority thereof voting in favor of the dissolution of the special grand jury, such special grand jury shall stand dissolved. If a majority of such judges do not vote in favor of the dissolution of the special grand jury, the Chief Judge shall instruct and charge the special grand jury as to the particular matters and the special grand jury shall be required to investigate further and establish a period of time within which such investigation shall be completed. At the expiration of such period of time, the special grand jury shall be dissolved. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 19, 1974.

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NATURAL RESOURCES ACT OF 1973 AMENDEDCERTAIN GRANTS AUTHORIZED, ETC. No. 831 (House Bill No. 1597). An Act to amend the Natural Resources Act of 1973, approved March 16, 1973 (Ga. L. 1973, p. 139), so as to authorize the State of Georgia to make grants, as funds are available; to authorize the State of Georgia to enter into leases of real and personal property under certain circumstances; to authorize the State of Georgia to enter into and make contracts and cooperative agreements under certain circumstances; to provide for the administration and conditions of such grants and the terms and conditions of such leases, contracts and cooperative agreements; to change the duties and powers of the Board of Natural Resources; to specify 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. The Natural Resources Act of 1973, approved March 16, 1973 (Ga. L. 1973, p. 139), is hereby amended by adding between sections 6 and 7 a new Section, to be known as section 6A, to read as follows: Section 6A. The State of Georgia is hereby authroized to make grants, as funds are available, to any county, municipality, local government, or any combination of same, or to any public authority, agency, commission or institution, for the purpose of acquiring, establishing, developing, improving, maintaining, protecting, restoring, preserving, constructing, reconstructing or renovating any public boat ramps, fishing piers, fishing lakes or areas, hunting areas, stream access areas, fisherman catwalks, parks, recreational or natural areas, historic, archaeologic or scientific sites, or other similar property for public use. In addition, these grants may be made to further, or assist in furthering, any of the services, purposes, duties, responsibilities or functions vested in the Department of Natural Resources. Grants.

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(a) The State of Georgia is hereby authorized to enter into leases of real and personal property belonging to the State of Georgia with any county, municipality, local government, or any combination of same, or with any public authority, agency, commission or institution, for the development, improvement, maintenance, establishment or operation of any public parks, recreational or natural areas, historic, archaeologic or scientific sites, or any other similar property for public use; provided, however, that such leases shall have the prior approval of the State Properties Commission. Leases. (b) The State of Georgia is hereby authorized to contract, and make cooperative agreements, leases, and rental agreements, with the United States Government, any county, municipality, local government, or any combination of same, any public or private corporation, firm, or any persons whatsoever, any public authority, agency, commission or institution, or between State agencies, for any of the services, purposes, duties, responsibilities or functions vested in the Department of Natural Resources. Contracts. (c) The Department of Natural Resources shall administer all grants made under the authority of this section and is hereby empowered and authorized to specify the terms and conditions under which any grants of funds are made. The use of any granted funds by the grantee shall be under and subject to such terms and conditions as shall be prescribed by the Department of Natural Resources. (d) The leases, contracts, cooperative agreements and rental agreements executed under the authority of this Section shall be entered into and made by the Department of Natural Resources acting for the State of Georgia. The Department may place such terms, limitations, restrictions and conditions in said leases, cooperative agreements, contracts and rental agreements as is deemed necessary to insure that the utilization of the property is in the public interest. 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

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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 March 19, 1974. PRE-NEED FUNERAL SERVICE CONTRACT ACT AMENDED. No. 832 (House Bill No. 1676). An Act to amend an Act providing for pre-need funeral service contracts, approved March 10, 1966 (Ga. L. 1966, p. 398), so as to change certain definitions and provide for additional definitions; to require certain persons to furnish the Comptroller General with certified copies of their bank statement or statements showing certain information; to change the provisions relating to revocation of certificates and liquidation proceedings; to provide for revocation, suspension or refusal to renew certificates of authority, notice and hearing; to provide for fines and civil penalties; to provide for notice and hearing; to provide for injunctions and actions to enjoin violations or threatened violations; to except and exclude from the licensing provisions of this Act those cemeteries holding a certificate of regulation from the Secretary of State which sell no burial supplies and equipment other than

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underground crypts or vaults and to provide separately for various matters as to sales of certain merchandise by the said cemeteries and to make various provisions as to trust funds, reports, audits, administration, penalties and enforcement as to such cemeteries and as to sales of merchandise by such cemeteries; to provide for liquidation proceedings; to provide for practice and procedure; 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 providing for pre-need funeral service contracts, approved March 10, 1966 (Ga. L. 1966, p. 398), is hereby amended by striking subsection (2) of section 2 which reads as follows: (2) `Pre-Need Funeral Service Contract' means any contract, other than a contract of insurance, under which for a specified consideration paid in advance in a lump sum or by installments a person promises upon the death of a Beneficiary named or implied in the contract to furnish funeral service or burial supplies and equipment., Definition. in its entirety and inserting in lieu thereof a new subsection (2) to read as follows: (2) `Pre-need funeral service contract' means any contract, other than a contract of insurance, under which for a specified consideration paid in advance in a lump sum or by installments, a person promises or otherwise obligates himself to furnish funeral services or burial supplies and equipment upon the death of the beneficiary or beneficiaries named or implied in the contract. Definition. Section 2. Said Act is further amended by adding at the end of section 2 a new subsection (7) to read as follows: (7) `Burial supplies and equipment' shall include those articles used for burial normally provided by funeral directors, including, but not limited to, articles of clothing used

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for burial, caskets and subterranean crypts or vaults not affixed to real property at the time of sale. Same. Section 3. Said Act is further amended by adding at the end of section 11 a new subsection (3) to read as follows: (3) All persons holding a certificate of authority shall furnish the Comptroller General with a certified copy of their bank statement or statements annually when applying for renewal of their certificate of authority, showing the amount of funds held for pre-need funeral services as of January 1st of that year. Bank Statement. Section 4. Said Act is further amended by striking section 13, which reads as follows: Section 13. Revocation of Certificate and Liquidation Proceedings. (1) Whenever the Comptroller shall determine that a person holding a certificate of authority to issue pre-need funeral service contracts: (a) Has not maintained the funds received from contracts together with interest, dividends or accretions thereto, in the unimpaired state described in Section 6 of this Act: or, (b) Has otherwise failed to comply with the provisions of this Act or any rule or regulation promulgated by the Comptroller in pursuance of this Act and if such person shall omit to correct any such failure, refusal or violation within thirty (30) days after written notice from the Comptroller to effect such correction the Comptroller may, the Attorney General representing him, file complaint setting forth the relevant facts in the Superior Court of the County in which the person holding a certificate of authority to issue pre-need funeral service contracts resided at the time of the issuance of the said contract, praying for issuance of an order to show cause why the business and affairs of such person should not be liquidated and a receiver appointed by the Court to accomplish such purpose.,

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in its entirety and inserting in lieu thereof a new section 13 to read as follows: Section 13. Revocation, Suspension or Refusal to Renew Certificate of Authority, Notice and Hearing. The Comptroller General may revoke, suspend, or refuse to renew the certificate of authority of any person authorized to issue pre-need funeral service contracts if, after notice and hearing held in accordance with the requirements of The Georgia Administrative Procedure Act, approved March 10, 1964 (Ga. L. 1964, p. 338), as amended, the Comptroller General determines that such person: (a) Has violated any provision of this Act or any other law of this State regarding the sale of pre-need funeral service contracts, or (b) Has intentionally misrepresented or concealed any material fact in the application for such certificate of authority, or (c) Has obtained, or attempted to obtain, such certificate of authority by misrepresentation, concealment, or fraud, or (d) Has knowingly failed to comply with, or has violated any lawful order, rule or regulation of the Comptroller General regarding pre-need funeral service contracts; (e) Has misappropriated, converted or illegally withheld, or refused or failed to pay over upon proper demand any money entrusted to said person belonging to the beneficiary under the pre-need funeral service contract; or (f) Has materially misrepresented the terms or conditions of a pre-need funeral service contract; or (g) Has committed fraudulent or dishonest practices in the business of selling pre-need funeral service contracts; or (h) Has otherwise demonstrated a lack of trustworthiness

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or competence to engage in the business of selling pre-need funeral service contracts. Section 5. Said Act is further amended by inserting following section 14, a new section 14A, to read as follows: Section 14A. Fines. In addition to any other penalties that may be imposed under this Act, any person who violates any provision of this Act or any rule, regulation or order of the Comptroller General issued in pursuance of this Act shall be subject to a civil penalty not to exceed One Hundred ($100.00) Dollars per violation for each day that such violation or violations persist, except that the maximum civil penalty for each violation shall not exceed Five Thousand ($5,000.00) Dollars. Any such civil penalty may be imposed by the Comptroller General only after notice and hearing. In determining the amount of said penalty the Comptroller General shall consider the size of the business of the person charged with the violation, the seriousness of the violation, its impact on the public at large, and the good faith of the person charged in his attempts to achieve compliance with this Act. The amount of such penalty may be collected by the Comptroller General in the same manner that money judgments are now enforced in the Superior Courts of this State. Section 6. Said Act is further amended by inserting, following section 14A, a new section 14B, to read as follows: Section 14B. Injunctions. In addition to any other penalties as may be imposed under this Act, the Comptroller General may bring a civil action in the superior court in the county of the defendant's residence to enjoin any violation or threatened violation of any provision of this Act, or any rule, regulation or order issued by the Comptroller General under this Act. Section 7. Said Act is further amended by striking section 16 in its entirety and substituting in lieu thereof a new section 16 to read as follows:

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Section 16. Certificate of Registration to Operate Cemetery. The provisions of this Act shall not be applicable insofar as they are contrary to any laws of this State covering persons holding a certificate of registration to operate a cemetery, and no person holding a certificate of registration to operate a cemetery in this State shall be required to hold a certificate of registration under this Chapter by virtue of the sale of vaults or subterranean crypts, provided, however, that: (a) As to merchandise normally sold by cemeteries which is not attached to the realty or delivered to the purchaser at the time of sale, including but not limited to the sale of subterranean crypts, vaults, markers and monuments, whether bronze or otherwise, the cemetery shall within ten days after the receipt of any payment deposit a part thereof as hereinafter specified in subsection (b) hereof in a state bank, savings bank, trust company, national bank, or federal savings and loan association located and doing business in this State and shall leave such funds on deposit therein until the merchandise shall be delivered by attachment to realty or otherwise, provided that when the cemetery shall have paid the wholesale price to the manufacturer of bronze and when the manufacturer shall have certified to the purchaser that such payment has been made and that such bronze markers and or monuments will be shipped upon request of the purchaser, then the cemetery shall be authorized to withdraw the mentioned funds from deposit. (b) The amount to be so deposited from each such sale shall be the actual wholesale cost of such merchandise or 35% of sales price of such merchandise, whichever is greater. If the contract of sale shall include cemetery space and/or attachments to realty, the portion of the sales price attributable to the sale of the contemplated merchandise shall be determined and it shall only be as to such portion of the total contract that deposit of wholesale cost or 35% of sales price, whichever is greater, shall be required. In the event that the sale of merchandise is on an installment contract, the contemplated trust deposit shall be a pro rata part from each installment payment, such deposit only

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being required pro rata as payments are made by the purchaser. (c) The funds on deposit under the terms hereof shall be deemed and regarded as trust funds pending delivery of the merchandise concerned, but after delivery of the merchandise concerned the cemetery shall be authorized to withdraw such deposit and treat the same as money belonging to the cemetery. Upon failure and/or refusal of the cemetery to deliver such merchandise in accordance with the terms of contract, the purchaser shall be entitled to recover from the trust fund the funds on deposit for undelivered merchandise and from the cemetery the remainder of the purchase price. (d) The Secretary of State shall have authority to audit or cause to be audited the books of each registered cemetery as to such merchandise trust funds as frequently as the Secretary of State may deem appropriate and to require such reports at least quarterly, as to such funds as the Secretary of State may deem appropriate; provided that the Secretary of State may accept a certified report of examination from a Certified Public Accountant in lieu of audit in the discretion of the Secretary of State. Furthermore, in event that the Secretary of State may find reason to believe in any case that the amount of funds on deposit are less than that required in subsection (b), the Secretary of State may require such increase of deposit as he reasonably believes necessary to accomplish the trust purposes of this Section. (e) The Secretary of State may revoke, suspend or refuse to renew the certificate of registration of any cemetery if, after notice and hearing held in accordance with the requirements of the Georgia Administrative Procedure Act, approved March 10, 1964 (Ga. L. 1964, p. 338), as amended, the Secretary of State finds that such cemetery has willfully violated the provisions of law contained in this Section, or has intentionally misrepresented or concealed any material fact in the application for the certificate of registration and has thereby obtained such certificate by fraud, or has willfully failed to comply with any

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proper order, rule or regulation of the Secretary of State or has misappropriated, converted or illegally withheld, or failed to account for any of said trust funds, or has committed any fraudulent act in contracting for the sale of merchandise; provided that the cemetery shall be afforded written notice of any such failure, refusal or violation and shall have omitted to correct the same within ten days after receipt of such written notice requiring the correction of the same. (f) In addition to any other penalties that may be imposed, any cemetery willfully violating any provisions of this Section or any rule, regulation or order of the Secretary of State afforded pursuant to this Section shall be subject to a maximum civil penalty not to exceed $100.00 on violation for each day that such violation or violations persist, but not exceeding the total sum of $5,000.00; but such penalty shall only be imposed if the cemetery shall fail to correct any failure, refusal or violation after written notice of the Secretary of State to correct same. The Secretary of State shall be authorized in his discretion to fail to impose penalty or impose any lesser penalty that he may deem to be sufficient and appropriate in any particular case. The amount of any such penalty may be collected by the Secretary of State in the same manner that money judgments are now enforced in the Superior Courts of this State; except that the order, rule, or finding of the Secretary of State as to such penalty may be appealed to Superior Court as are orders of the Commissioner of Revenue in the manner provided by section 92-8446 of the Code of Georgia, as amended, or, otherwise, judicial review may be had as provided by the Georgia Administrative Procedure Act approved March 10, 1964 (Ga. L. 1964, p. 338). (g) In addition to the other penalties provided by this Section, the Secretary of State may bring a civil action in the county of the residence of the defendant cemetery to enjoin any violation or threatened violation of this Section or any rule, regulation, or order issued by the Secretary of State under this Section.

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Section 8. Said Act is further amended by inserting, following section 16, a new section 16A, to read as follows: Section 16A. Liquidation Proceedings. The Comptroller General may petition the superior court in the county of residence of a person holding a certificate of authority to issue pre-need funeral service contracts praying for the issuance of an order to show cause why the business and affairs of such person should not be liquidated and a receiver appointed by the court to accomplish such purpose if such person has committed any one or more of the following acts and has failed or refused to correct such violations within 30 days after having received written notice from the Comptroller General: (a) Has not maintained the funds received from contracts together with interest, dividends or accretions thereto, in the unimpaired state described in Section 6 of this Act; or (b) Has allowed his certificate of authority to lapse or has had it revoked in accordance with the provisions of this Act and has not made complete restitution of all funds deposited with him for pre-need funeral service contracts to the beneficiaries under the contracts or to those persons otherwise entitled to the proceeds under the contracts, or (c) Has otherwise failed to comply with the provisions of this Act or any rule or regulation promulgated by the Comptroller in pursuance of this Act. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 19, 1974.

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GEORGIA SECURITIES ACT OF 1973 AMENDED. No. 833 (House Bill No. 1841). An Act to amend an Act known as the Georgia Securities Act of 1973, approved April 18, 1973 (Ga. L. 1973, p. 1202), so as to redefine certain terms; to modify the provisions for registration of dealers, limited dealers, salesmen and limited salesmen; to modify the findings upon which the registration of a dealer, limited dealer, salesman or limited salesman may be revoked or suspended; to modify the information to be contained in a registration statement; to provide for a small issue registration procedure; to modify the requirements for placing stock in escrow in connection with a registered issue; to provide for the withdrawal of registration statements; to clarify procedures concerning stop orders; to modify the terms of exemptions from registration of certain securities and transactions; to modify the powers of the Commissioner of Securities; to modify the provisions concerning investigations and hearings by the Commissioner; to modify provisions concerning injunction and prosecution of violations; to clarify how criminal sentences shall be imposed; to clarify provisions concerning rescission offers to purchasers of securities; to provide for venue in cases arising under the Act; to provide for service of subpoenas by investigators appointed by the Commissioner; to clarify provisions concerning credit transactions; to modify certain provisions concerning prior law; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Georgia Securities Act of 1973, approved April 18, 1973 (Ga. L. 1973, p. 1202), is hereby amended by striking paragraphs (1), (5), (8), (9), (15), (16) and (20) of subsection (a) of section 2 in their entirety and inserting in lieu thereof new paragraphs (1), (5), (8), (9), (15), (16) and (20) of subsection (a) of section 2, to read as follows:

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(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 combined voting power of all classes of 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. Definitions. (5) `Dealer' means every person, other than a salesman registered under the Act, who engages, either for all or part of his time, directly or indirectly, as agent, broker, or principal in the business 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 any general partner, or executive officer of any general partner of an issuer or executive officer of an issuer offering or selling securities of such issuer unless he is paid a commission for the sale of such securities. Any remuneration paid which is directly related to the sale of securities shall be considered a commission for the purposes of this subsection. (8) `Limited dealer' means a dealer who is authorized under this Act to act as a dealer only with respect to a certain issue of or a certain class or type 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 or type of securities specified by the Commissioner. (15) `Salesman' means an individual other than a dealer or a limited dealer registered under this Act, employed or

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appointed or authorized by 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 any general partners of an issuer or executive officers of any general partner of an issuer 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. Any remuneration paid which is directly related to the sale of securities shall be considered a commission for the purposes of this subsection. (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, guaranty of, or warrant or right to subscribe to or purchase, any of the foregoing. The term investment contract shall include but is not limited to an investment which holds out the possibility of return on risk capital even though the investor's efforts are necessary to receive such return if (i) such return is dependent upon essential managerial or sales efforts of the issuer or its affiliates, and (ii) one of the inducements to invest is the promise of promotional or sales efforts of the issuer or its affiliates in the investor's behalf, and (iii) the investor shall thereby acquire the right to earn a commission or other compensation from sales of rights to sell goods, services or other investment contracts of the issuer or its affiliates. `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

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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. (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 be presumed not to be an underwriter with respect to any securities which he has 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 beneficially owned and the period during which the security acquired on conversion has been beneficially owned. 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. 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) or (l) of section 9, unless he is a registered dealer, limited dealer, salesman or limited

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salesman pursuant to the provisions of this Section; provided, however, that a real estate broker or salesman licensed to sell real estate in this State shall not be required to register as a dealer or a limited dealer or as a salesman or a limited salesman 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 or limited 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, 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,

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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. 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.

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(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 charged with, 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 charged with, a felony, and if so, all pertinent information with respect to such injunction, disciplinary proceeding, conviction or charge. 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 or limited 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 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

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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 or 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 (f) and (g), 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 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 or type of securities with respect to which he desires to act as a dealer. Any license, certificate or other evidence of registration issued by the Commissioner to a limited dealer shall specify the issue or class or type of securities with respect to which such registration authorizes such limited dealer to act as a dealer. (c) Salesmen and Limited Salesmen. Application for registration as a salesman or a limited 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:

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(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 charged with, 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 charged with, a felony, and if so, all pertinent information with respect to such injunction, disciplinary proceeding, conviction or charge. The Commissioner may waive the furnishing of any information required by this subsection (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.

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When an applicant has fully complied with the provisions of this subsection and subsections (f) and (g), 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 or type 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 the issue or class or type 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

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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 issue 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. 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 act or omission may constitute a sufficient ground for a finding by the Commissioner, under subsection (b) or subsection (c) of this Section, that such applicant is not of `good business reputation'. (e) 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

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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. (f) Fees. The fee for the initial 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. (g) Bonds. 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

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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 filing 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. (h) Records. Every dealer, limited dealer, salesman or limited salesman registered under this Act shall make and keep 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

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or appropriate in the public interest or for the protection of investors. Section 3. Said Act is further amended by striking paragraphs (1) and (6) of subsection (a) of section 4 in their entirety and inserting in lieu thereof new paragraphs (1) and (6) of subsection (a) of section 4, to read as follows: (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 or necessary in order to make the statements made, in light of the circumstances under which they were made, not misleading; False applications. (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 salesman, 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;. Section 4. Said Act is further amended by striking subparagraphs (ii), (vii) and (xv) of paragraph (1) of subsection (b) of section 5 in their entirety and inserting in lieu thereof new subparagraphs (ii), (vii) and (xv) of paragraph (1) of subsection (b) of section 5, to read as follows: (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

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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 beneficially owned 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 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; Directors, etc. (vii) with respect to any person other than an issuer on whose behalf any part of the offering is to be made: his name and address; the amount of securities of the issuer beneficially owned 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; (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

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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 certified balance sheet filed, 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 such 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 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. Section 5. Said Act is further amended by striking subparagraphs (vii) and (viii) of paragraph (2) of subsection (b) of section 5 in their entirety and inserting in lieu thereof new subparagraphs (vii), (viii) and (ix) of paragraph (2) of subsection (b) of section 5, to read as follows: (vii) A signed copy of any professional opinions or any reports or certifications specifically referred to in the prospectus; Reports, etc. (viii) A copy of any literature concerning the issuer or the offering given to any persons directly engaged in the sale of the securities; and (ix) A written consent of each director of the issuer, or

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of any person occupying a similar status or performing a similar function, to the use of his name in the prospectus unless such director or person has signed the registration statement. Section 6. Said Act is further amended by adding a new subsection at the end of section 5, to be designated subsection (d), to read as follows: (d) Small Issue Registration. (1) Sales of securities by or on behalf of an issuer or an affiliate of an issuer may be made pursuant to a registration statement filed under this subsection (d); provided, however, that the aggregate number of persons purchasing securities registered under this subsection (d) from the issuer and all affiliates of the issuer during any 12-month period shall not exceed 25 persons, exclusive of persons who acquire such securities in transactions which are not subject to this Act or which are otherwise exempt from registration under section 8 or section 9 or which have been registered pursuant to sections 5(a) or 5(c). (2) A registration statement under this subsection (d) shall be signed by the issuer, its chief executive officer, its principal financial officer, its comptroller or principal accounting officer, and a majority of the board of directors or persons performing similar functions (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). If the issuer is not a corporation registered with the Secretary of State, the registration statement shall also include 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 similar instrument relating to the security to be registered. (3) A prospectus, a copy of which shall be contained in the registration statement, shall be delivered to any purchaser of securities registered pursuant to this subsection (d) prior to or simultaneously with the execution by the purchaser of a written agreement to purchase, the delivery of

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a confirmation of sale, or the payment for securities offered by means of such prospectus, whichever occurs first. The prospectus under which securities registered pursuant to this subsection (d) are sold shall contain the following: (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; a brief description of the type and location of its business. (ii) the following financial statements which may, but need not be certified: (A) 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, (B) a profit and loss statement of the issuer or consolidated statements of the issuer and its subsidiaries prepared in accordance with generally accepted accounting principles for each of the two (2) fiscal years preceding the date of the balance sheet filed, and for the interim period, if any, between the close of the most recent of such fiscal years and the date of the balance sheet filed and for the corresponding period of the preceding year, or, if the issuer and its predecessors have been in existence for less than two (2) fiscal years, the profit and loss statement for the periods for which it has been in existence; 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 subsidiaries: (iii) the information set forth in subparagraphs (ix), (x) and (xvi) of Section 5(b) (1) of this Act; (iv) with respect to every officer and director of the issuer or person occupying a similar status or performing similar functions and with respect to every affiliate of the issuer, a description of: all securities of the issuer and its

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subsidiaries which are beneficially owned or expected to be beneficially owned and the amount and type consideration which was or will be given for such securities; and any material interest in any other material transactions with the issuer or any significant subsidiary of the issuer effected within the past three (3) years or expected to be effected; and (v) Any additional information which is needed to comply with Section 12 of this Act and which is not otherwise disclosed to the purchaser. (4) The Commissioner shall treat as confidential and not subject to public inspection all registration statements filed pursuant to this subsection (d) unless he shall determine that such treatment is not consistent with the public interest, in which case he may make public such of the filed information as he may deem necessary for protection of the public interest. (5) Registration statements filed pursuant to this subsection (d) will become effective if no stop order is in effect and no proceeding is pending under section 17, 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 orders. (6) Preliminary negotiations and agreements in contemplation of a registration and sale of a security pursuant to this subsection (d) shall not constitute an offer to sell, offer for sale, offer or sale of a security for the purposes of this section 5 unless, before a registration statement relating thereto is effective, the seller receives some consideration for such security, a contract for sale of such security is executed or the security is sold. Purchasers of securities registered pursuant to this subsection (d) shall have the right to rescind such purchases on the terms and conditions set forth in paragraph (4) of subsection (a) of this Section 5. (7) In case any of the financial statements contained in the registration statement filed under this subsection (d)

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are 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. (8) 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. (9) Any certificate or certificates representing securities registered pursuant to this subsection (d) shall be marked for a period of one year from the date of their issuance or sale to indicate clearly that they were registered pursuant to this subsection (d) and that they may not be sold or transferred except in a transaction which is exempt under this Act or pursuant to an effective registration statement under this Act or in a transaction which is otherwise in compliance with this Act, and each purchaser in this State of a security registered pursuant to this subsection (d) shall execute a statement to the effect that such securities have been purchased for investment, as such phrase is defined in Section 9(m), for his own account. Section 7. Said Act is further amended by striking paragraph (2) of subsection (e) of section 6 in its entirety and inserting in lieu thereof a new paragraph (2) of subsection (e) of section 6, to read as follows: (2) the deposit in an escrow account for a period not exceeding one year from the termination of effectiveness of the registration statement or any renewal thereof, of Escrow account. (i) any securities of the same class issued or transferred to a person who is an executive officer, director, general

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partner or affiliate of the issuer or to any other person authorized to sell such securities for the issuer except a dealer or a limited dealer registered under this Act and selling pursuant to an underwriting agreement which is disclosed in the prospectus delivered to each purchaser 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 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 offered for sale, sold, assigned or transferred during the term of such escrow account without the written consent of the Commissioner;. Section 8. Said Act is further amended by striking subsection (h) of section 6 in its entirety and inserting in lieu thereof a new subsection (h) of section 6, to read as follows: (h) Any registration statement 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. Section 9. Said Act is further amended by striking subsection (c) of section 7 in its entirety and inserting in lieu thereof a new subsection (c) of section 7, to read as follows: (c) No stop order issued under any part of this section 7 except the first sentence of subsection (b) shall become effective until and unless the Commissioner has complied with the provisions of section 17 of the Act. Stop orders. Section 10. Said Act is further amended by striking subsection (k) of section 8 in its entirety and inserting in lieu thereof a new subsection (k) of section 8, to read as follows: (k) notes issued in connection with the acquisition of real or personal property and extensions or renewals thereof,

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if such notes are issued to the sellers of and are secured by all or part of the real or personal property so acquired. Notes. Section 11. 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. 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) or (l) below, and section 5 of this Act shall not apply to any offer or sale of or subscriptions for 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,

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(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 Section 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

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state the compliance or noncompliance 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. In the event any offer is to be made pursuant to this exemption more than 14 months after the date on which the Commissioner issues his certificate under this Section, then it shall be necessary for said issuer to file with the Commissioner a copy of the prospectus which said issuer is currently utilizing for the purposes of making such offer and a renewal fee of $100.00. The Commissioner shall issue a certificate which shall be signed and sealed by him and which shall state the compliance or noncompliance with these provisions. The issuer shall be required to comply with these renewal requirements every 14 months so long as the offering shall continue in this State. (f) Any transaction involving the issuance and delivery of securities by an issuer to its own security holders as a result of a dividend (whether the person distributing the dividend is the issuer of the security or not), split, or other distribution or recapitalization for which the recipient does not pay any consideration or surrender the 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, whether the purchaser is acting for itself or in some fiduciary capacity. (h) 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

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(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. (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 employees' 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 any bank or trust company organized and supervised under the laws of any state of the United States, or by an 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.

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(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 or to a business or real estate investment trust or the holders of beneficial interest thereof in connection with a merger, consolidation, reclassification of securities or sale or transfer of corporate or trust 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 or the holders of beneficial interest of such trust pursuant to its articles or certificate of incorporation, or corporate charter or trust instrument or the applicable corporation or trust statute. (m) Any transaction involving the issuance or sale of securities of an issuer by or on behalf of an issuer or an affiliate of an issuer if all of the following conditions are met: (1) The aggregate number of persons purchasing such securities from the issuer and all affiliates of the issuer pursuant to this subsection during the 12-month period ending on the date of such issuance or sale shall not exceed 15 persons exclusive of persons who acquire securities in transactions which are not subject to this Act or which are otherwise exempt from registration under the subsections of this section 9 or section 8, or which have been registered pursuant to section 5 of this Act. (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 for a period of one year from the date of such issuance or sale to indicate clearly that they were issued or sold in reliance on this exemption and that they cannot be sold or transferred except in a transaction which

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is exempt under this Act or pursuant to an effective registration statement under this Act or in a transaction which is otherwise 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 presumed to have purchased such securities for investment. Section 12. Said Act is further amended by striking section 10 in its entirety and inserting in lieu thereof a new section 10, to read as follows: Section 10. 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 assisting those administrators in the enforcement of their securities laws and to achieving maximum uniformity in the interpretation of like provisions of the laws administered by them and in the form 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. The Commissioner shall also have authority to appoint and employ investigators who shall have, in any case that there is reason to believe a violation of this Act has occurred or is about to occur, the right and power

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to serve subpoenas and to swear out and execute search warrants and arrest warrants. (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. Such rules and regulations shall be adopted, promulgated and contested as provided in the Georgia Administrative Procedure Act. (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 13. 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. 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.

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(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 or a subpoena duces tecum to compel the production of any books, records or papers. Said subpoenas may be served by investigators appointed by the Commissioner or shall be directed for service 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. 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 court to show cause why he should not be held in contempt for refusal to obey the subpoena. Failure to obey a subpoena may be punished by the court as contempt of court. (d) No person is excused from attending and testifying or from producing any document or record before the Commissioner, or in obedience to the subpoena of the Commissioner or any investigative agent 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.

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(e) In the case of any investigation conducted under this Section, the Commissioner may hold hearings or he may appoint an investigative agent to conduct such hearings who shall have the same powers and authority in conducting such hearings as are in this Section granted to the Commissioner. Said agent shall be possessed of such qualifications as the Commissioner may require. A transcript of the testimony and evidence and objections resulting from such hearings shall be taken unless waived in writing by all parties present at such hearings. Copies of such transcript shall be available to all parties present at the hearing upon payment of a reasonable expense of reproducing such transcript. All recommendations of the investigative agent shall be advisory only and shall not have the effect of an order of the Commissioner. (f) In any case where hearings are conducted by an investigative agent, he shall submit to the Commissioner a written report, including the transcript of the testimony in evidence (if requested by the Commissioner), the findings of the hearing, and a recommendation of the action to be taken by the Commissioner. The recommendation of such agent shall be approved, modified or disapproved by the Commissioner. The Commissioner may direct an investigative agent to take additional testimony or permit introduction of further documentary evidence. (g) In addition to any other hearings and investigations which the Commissioner is authorized or required by this Act to hold, the Commissioner is also authorized to hold general investigative hearings on his own motion with respect to any matter under this Act. A general investigative hearing as provided for herein may be conducted by any person designated by the Commissioner for that purpose and may, but need not be, transcribed by the Commissioner or by any other interested party. No formal action may be taken as a result of such investigative hearing, but the Commissioner may take such action as he deems appropriate, based on the information developed in the hearing and on any other information which he may have. Section 14. Said Act is further amended by striking section

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13 in its entirety and inserting in lieu thereof a new section 13, to read as follows: 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 for appointment of a receiver or an auditor and 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 and appoint a receiver or an auditor and issue

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such other orders for the protection of investors as the facts may warrant. (c) In any criminal proceeding, either the District Attorney or the Attorney General or both 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 15. 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. 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 and not more than five years, or both. 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 16. Said Act is further amended by striking section 15 in its entirety and inserting in lieu thereof a new section 15, to read as follows: Section 15. 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 in cash (or the fair value thereof at the time the consideration was paid if such consideration was not paid in cash) for the security with interest thereon from the date of payment down to the 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

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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 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

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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 the security at the time the buyer disposed of it, 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 such rescission offer has been registered under this Act, and is made by means of a prospectus meeting the requirements of section 5 (a) (3) of this Act which shall be current as of the date of the written offer. Any person who is paid for his security in the amount provided by Section 15(c) shall be foreclosed from asserting any remedies under this Act regardless of whether the other requirements of this subsection have been complied with. (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 common law right of any person in any court for any act involving the sale of a security. Section 17. Said Act is further amended by adding a new

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section immediately following section 15, to be designated section 15A, to read as follows: Section 15A. Venue. For the purposes of venue for any civil or criminal action under this Act, any violation of this Act or of any rule, regulation or order promulgated hereunder shall be considered to have been committed in any county in which any act was performed in furtherance of the transaction which violated the Act, in the county of any violator's principal place of business in this State, in the county of the issuer's principal place of business in this State, and in any county in which any violator had control or possession of any proceeds of said violation or of any books, records, documents or other material or objects which were used in furtherance of said violation. Section 18. Said Act is further amended by striking subsection (d) of section 17 in its entirety and inserting in lieu thereof a new subsection (d) of section 17, to read as follows: (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 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. Said subpoenas may be served by investigators appointed by the Commissioner or shall be directed for service 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. 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. Hearings. Section 19. Said Act is further amended by striking section

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19 in its entirety and inserting in lieu thereof a new section 19, to read as follows: 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 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 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 in accordance with the provisions of Ga. L. 1962, pp. 236-82, as now or hereafter amended.

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Section 20. Said Act is further amended by striking subsection (c) of section 23 in its entirety and relettering subsection (d) as subsection (c). Section 21. The provisions of this Act shall become effective April 1, 1974. Effective date. Section 22. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 19, 1974. PUBLIC PROPERTYUSE OF CERTAIN PUBLICLY OWNED UTILITIES PROVIDED. Code Chapter 91-11 Amended. No. 838 (House Bill No. 1897). An Act to amend Code Chapter 91-11, relating to public property, as amended, so as to provide for the use of certain publicly owned utilities by residents or property owners of political subdivisions or municipalities wherein the utilities are located; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 91-11, relating to public property, as amended, is hereby amended by adding at the end thereof a new Code section, to be designated Code section 91-1126, to read as follows: 91-1126 Use of certain publicly owned utilities. (a) For the purposes of this section `local government' means every county, city, municipality, authority, district, special district, or other political subdivision, or any department, board, agency, division or unit thereof.

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(b) Whenever a local government constructs or maintains any sewerage system in whole or in part within the boundaries of a county other than the county in which said local government is principally located. The service or convenience of that utility system, shall be made available to the residents or property owners of the local government wherein it is located as follows: (1) The local government constructing or maintaining the utility or utility system shall enter into a written agreement with the local government wherein the utility is located for the use of the utility. The agreement shall provide for the local government maintaining the utility to receive a reasonable fee for the service provided, which fee may be reasonably in excess of the fee charged other customers utilizing the utility or utility system, and, further, shall provide reasonable conditions upon the use of the service by residents or property owners of the local government wherein the utility is located. (2) If the local government constructing or maintaining the utility or utility system and the local government wherein the utility or utility system is located cannot reach an agreement as provided in paragraph (1), the Public Service Commission shall reasonably determine the fees to be charged for such use and the conditions to be placed on such use upon request of either of the local governments. Any such action of the Public Service Commission shall be accomplished subject to the same requirements of notice and hearing as provided for the Commission's other rate-setting and rate-review responsibilities. (c) Nothing contained in this Section shall be construed to require a local government to expand the capacity of any utility or utility system which it constructs or maintains. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 19, 1974.

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PEACE WARRANTSBOND AND HEARING PROVISIONS CHANGED, ETC. Code Title 76 Amended. No. 842 (Senate Bill No. 38). An Act to amend Code Title 76, relating to peace warrants and behavior bonds, as amended, so as to provide that any person against whom a peace warrant issues, shall be within twenty-four hours brought before the court which issued the warrant, or be released at any time on bond by the sheriff; to provide that the sheriff shall determine the amount of the bond; to limit the amount of the bond and to specify the form of bond; to provide for a hearing and time limit on the hearing; to provide for court cost in certain cases; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Title 76 , relating to peace warrants and behavior bonds, as amended, is hereby amended, by striking from Code section 76-101, relating to authority to require bond, the following: in its discretion, and substituting in lieu thereof the following: upon sufficient cause being shown, and by adding at the end of said Code section the following: :Provided, however, that any person against whom a warrant issues, must be within twenty-four hours brought before the court which issued the warrant or be released on bond by the sheriff. Provided, however, that nothing herein shall prohibit the sheriff from releasing said person at any time on bond prior to the hearing. The amount of such bond shall be set by the sheriff, but in no event shall the amount of the bond exceed $1,000.00. Said bond shall contain the

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same conditions as a bond required by the court of inquiry after a hearing. Within five days after being released on bond, said person shall be entitled to a hearing. If it is determined in said hearing that there was not sufficient cause for the warrant to be issued, the affiant causing the same to be issued shall pay all court cost., so that when so amended Code section 76-101 shall read as follows: 76-101. Authority to require bond. Any judicial officer authorized to hold a court of inquiry may, upon the information of others, under oath, or on his own motion, issue his warrant against any person in the county whose conduct is such as to justify the belief that the safety of any one or more of the citizens of the county, or the peace or the property of the same, is in danger of being injured or disturbed thereby; and upon the return of the warrant, the court upon sufficient cause being shown may require from such person a bond with sureties for his good behavior until the next term of the superior court of the county: Provided, however, that any person against whom a warrant issues, must be within twenty-four hours brought before the court which issued the warrant or be released on bond by the sheriff. Provided, however, that nothing herein shall prohibit the sheriff from releasing said person at any time on bond prior to the hearing. The amount of such bond shall be set by the sheriff, but in no event shall the amount of the bond exceed $1,000,00. Said bond shall contain the same conditions as a bond required by the court of inquiry after a hearing. Within five days after being released on bond, said person shall be entitled to a hearing. If it is determined in said hearing that there was not sufficient cause for the warrant to be issued, the affiant causing the same to be issued shall pay all court cost. Code 76-101 amended. Section 2. Said Title is further amended by adding at the end of the first paragraph of Code section 76-201, relating to authority to require bond, as amended, the following: :Provided, however, that any person against whom a warrant issues, must be within twenty-four hours brought

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before the court which issued the warrant or be released on bond by the sheriff. Provided, however, that nothing herein shall prohibit the sheriff from releasing said person at any time on bond prior to the hearing. The amount of such bond shall be set by the sheriff, but in no event shall the amount of the bond exceed $1,000.00. Said bond shall contain the same conditions as a bond required by the court of inquiry after a hearing. Within five days after being released on bond, said person shall be entitled to a hearing. If it is determined in said hearing that there was not sufficient cause for the warrant to be issued, the affiant causing the same to be issued shall pay all court cost., so that when so amended Code section 76-201 shall read as follows: 76-201. Authority to require bond. Upon the information of any person, under oath, that he is in fear of bodily harm to himself or his family, from another, or of violent injury to his property, any judicial officer authorized to hold a court of inquiry may issue his warrant against such other person, requiring his arrest; and if, upon the return thereof, the court is satisfied, upon hearing the evidence of both parties, that probable cause for such fear exists, he may require the accused to give bond, with good security, to keep the peace as against the person, family, and property of the affiant, and, on failure to give the bond, shall commit him to jail: Provided, however, that any person against whom a warrant issues, must be within twenty-four hours brought before the court which issued the warrant or be released on bond by the sheriff. Provided, however, that nothing herein shall prohibit the sheriff from releasing said person at any time on bond prior to the hearing. The amount of such bond shall be set by the sheriff, but in no event shall the amount of the bond exceed $1,000.00. Said bond shall contain the same conditions as a bond required by the court of inquiry after a hearing. Within five days after being released on bond, said person shall be entitled to a hearing. If it is determined in said hearing that there was not sufficient cause for the warrant to be issued, the affiant causing the same to be issued shall pay all court cost. Code 76-201 amended.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 19, 1974. JURIESEXPENSE ALLOWANCE PROVIDED IN LIEU OF COMPENSATION, ETC. Code Title 59 Amended. No. 844 (Senate Bill No. 489). An Act to provide for the payment of an expense allowance to jurors in lieu of compensation in the nature of a salary; to amend Code Title 59, relating to juries, as amended, so as to provide for the fixing and payment of expense allowances to jurors in lieu of and in the same manner as compensation presently paid; to amend an Act relating to alternate jurors in felony cases, approved April 9, 1968 (Ga. L. 1968, p. 1225), so as to change the reference to compensation to a reference to expense allowance; to provide for other matters relevant thereto; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Title 59, relating to juries, as amended, is hereby amended by striking Code section 59-120, which reads as follows: 59-120. Compensation of jurors and court bailiffs. The first grand jury impaneled at the fall term of the superior courts of the several counties shall fix the compensation of jurors and court bailiffs in the superior courts of such counties for the next succeeding year, such compensation not to be less than $5 nor to exceed $25 per diem for jurors and such compensation not to be less than $5 nor to exceed $25 per diem for bailiffs. The same compensation shall be allowed to bailiffs and jurors of the several city courts and special courts as is allowed bailiffs and jurors in the superior

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court of the county in which such city or special court is located. The pay of tales jurors shall be the same as that of a regularly drawn traverse juror. The compensation so authorized by the grand jury shall be authorized also for grand jurors., in its entirety and substituting in lieu thereof a new Code section 59-120, to read as follows: 59-120. Compensation of court bailiffs and payment of expense allowance to jurors. The first grand jury impaneled at the fall term of the superior courts of the several counties shall fix: Code 59-120 amended. (a) The compensation of court bailiffs in the superior courts of such counties for the next succeeding year, such compensation not to be less than $5 nor to exceed $25 per diem. The same compensation shall be allowed to bailiffs of the several State courts and special courts as is allowed bailiffs in the superior court of the county in which the city or special court is located. (b) An expense allowance for jurors in the superior courts of such counties for the next succeeding year, such expense allowance not to be less than $5 nor to exceed $25 per diem. The same expense allowance shall be allowed to jurors of the several State courts and special courts as is allowed jurors in the superior court of the county in which the State or special court is located. The expense allowance of tales jurors shall be the same as that of a regularly drawn traverse juror. The expense allowance so authorized by the grand jury shall be authorized also for grand jurors. Section 2. Said Code Title is further amended by striking from Code section 59-121, relating to compensation when no grand jury is impaneled, the following: compensation, and inserting in lieu thereof the following: expense allowance,

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so that when so amended Code section 59-121 shall read as follows: 59-121. Expense allowance when no grand jury impaneled. If in any county no grand jury should be impaneled in the fall of any year, then, as to such county, the expense allowance provided for in the preceding section shall remain as fixed by the grand jury of the preceding year. Code 59-121 amended. Section 3. Said Code Title is further amended by striking from Code section 59-122, relating to pay of jurors who appear but are not sworn, the following: pay and compensation, and inserting in lieu thereof the following: expense allowance, so that when so amended Code section 59-122 shall read as follows: 59-122. Expense allowance of jurors who appear but are not sworn. The grand and petit jurors who are drawn on the regular panel, and who appear in answer to the summons, shall receive expense allowance for the day of their appearance, though they may not be sworn. Code 59-122 amended. Section 4. Said Code Title is further amended by striking from Code section 59-123, relating to compensation of jurors subpoenaed by ordinary, the following: compensation, and inserting in lieu thereof the following: expense allowance, so that when so amended Code section 59-123 shall read as follows: 59-123. Expense allowance of jurors subpoenaed by

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ordinary. All jurors subpoenaed by the ordinary of any county who do actual service as jurors in any cause or action in which the county is interested shall each receive from the county treasury or depository of said county, upon warrant of the ordinary, $1 per diem. Code 59-123 amended. Section 5. Said Code Title is further amended by striking from Code section 59-601, relating to charges to grand juries, the first unnumbered subparagraph following the second unnumbered paragraph, which subparagraph reads as follows: 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., in its entirety and substituting in lieu thereof a new subparagraph, to read as follows: Requiring grand jurors to fix the expense allowance of jurors and the pay of court bailiffs in the superior courts, including the expense allowance of jurors in State courts, section 59-120. Code 59-601 amended. Section 6. An Act relating to alternate jurors in felony cases, approved April 9, 1968 (Ga. L. 1968, p. 1225), is hereby amended by striking from section 3 thereof the following: compensation, and inserting in lieu thereof the following: expense allowance, so that when so amended section 3 shall read as follows: Section 3. Such alternate jurors shall take the same oath as the jurors already selected and be seated near the jury, with equal opportunity for seeing and hearing the proceedings, and shall attend at all times upon the trial with jury, and shall obey all orders and admonitions of the court

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to the jury and, when the regular jurors are ordered kept together in any case, such alternate jurors shall also be kept in confinement with the other jurors. Said alternate jurors shall receive the same expense allowance as the other jurors. Alternate jurors. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 19, 1974. AMERICAN HISTORY MONTH DESIGNATED. No. 845 (Senate Bill No. 502). An Act to amend an Act designating public and legal holidays in the State of Georgia, approved February 16, 1943 (Ga. L. 1943, p. 331), as amended, so as to designate the month of February of each year as American History Month in the State of Georgia; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act designating public and legal holidays in the State of Georgia approved February 16, 1943 (Ga. L. 1943, p. 331), as amended, is hereby amended by adding, following section 1, a new section to be designated section 1A, to read as follows: Section 1A. The State of Georgia hereby recognizes the importance to the citizens of this State of the principles upon which the United States was founded and of an understanding of the history of our Nation. To encourage the study of American History by the citizens of Georgia, the month of February of each year is hereby designated as `American History Month' in Georgia. The citizens of this State are hereby encouraged to observe `American History Month' with appropriate observances and programs.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 19, 1974. VETERINARIANS, ETC.LIENS ON ANIMALS CREATED, ETC. No. 848 (Senate Bill No. 668). An Act to provide that every licensed veterinarian and every operator of a facility for boarding animals or pets shall have a lien on such animals or pets for payment of charges for treatment, board or care of such animals or pets; to provide for custody; to provide for demand of payment; to provide for notice; to provide for the sale or disposal of such animals or pets; to provide for the use of proceeds from any sale; to provide for surplus proceeds from sales; to provide that licensed veterinarians and operators of facilities shall not be liable for certain actions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Every licensed veterinarian and every operator of a facility for boarding animals or pets shall have a lien on each animal or pet treated, boarded or cared for by him while in his custody and under contract with the owner of such animal or pet for payment of charges for treatment, board or care of such animal or pet, and such veterinarian or operator of a facility shall have the right to retain such animal or pet until said charges are paid. Facilities for boarding animals or pets shall include, but not be limited to, veterinary hospitals, boarding kennels, stables, livestock sales barns, and humane societies. Lien. Section 2. (a) If the charges due for the services named in section 1 are not paid within 10 days after demand therefor on the owner of said animal or pet, in person, or by registered or certified mail with return receipt requested,

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addressed to the owner at the address given when said animal or pet is delivered, and the receipt has been returned by the United States postal authorities, the licensed veterinarian or operator of a facility is authorized to sell the animal or pet either at public or private sale; and if he does not succeed in selling such animal or pet, then he is authorized to dispose of such animal or pet in any manner that he deems proper or to turn the animal or pet over to the nearest humane society or dog pound in the area for disposal as such custodian may deem proper. Sale. (b) The giving of notice to the owner, as provided herein, shall relieve the licensed veterinarian, the operator of a facility for boarding animals or pets, or any custodian to whom such animal or pet may be given, of any further liability for disposal. (c) Failure of the owner of any such animal or pet to receive the demand by registered or certified mail provided for in this section, shall not render the licensed veterinarian or operator of a facility liable to the owner of such animal or pet for the disposal thereof in any manner provided in this section. Section 3. When any animal or pet is sold as authorized in this Act to satisfy a lien for any of the services enumerated in section 1, any surplus realized from the sale, less said charges and any expenses incurred in making the demand for payment thereof in connection with the sale, shall be paid to the owner of the animal or pet. Section 4. No legal proceeding for the enforcement of the lien created by this Act shall be necessary, other than compliance with the requirements herein provided. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 19, 1974.

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CONVEYANCE OF LAND TO BERRIEN COUNTY AUTHORIZED. No. 84 (Senate Resolution No. 357). A Resolution. Authorizing the conveyance of certain real property located in Berrien County, Georgia; and for other purposes. Whereas, the State of Georgia is the owner of certain real property located in Berrien County, Georgia, which is currently under the control and jurisdiction of the Department of Agriculture; and Whereas, said real property consists of two tracts or parcels of land lying and being in the County of Berrien, State of Georgia, and being more particularly described as follows: TRACT ONE: One lot in the City of Nashville, Berrien County, Georgia, more particularly described as follows: Beginning at a point on the East side of the right-of-way of paved U. S. Highway No. 129, which point is One Hundred Eightyseven (187) feet north of the intersection of Hazel Street (formerly called Boneyard Street) with said right-of-way of said highway, and running thence in an easterly direction a distance of Two Hundred Thirty (230) feet to an agreed corner on the West side of South Jefferson Street, which agreed corner is One Hundred Seventy-one (171) feet North of said Hazel Street and running thence North along the West side of South Jefferson Street a distance of Three Hundred (300) feet to an agreed corner; thence in a westerly direction along agreed line a distance of Two Hundred Thirty (230) feet to a point on said right-of-way of said highway; thence running in a southerly direction along the East side of said right-of-way a distance of Three Hundred (300) feet to the point of beginning.

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TRACT TWO: All that tract or parcel of land situated, lying and being in lot of land # 189 in the 10th land district of Berrien County, Georgia and also located in the City of Nashville, Georgia, containing 2.3392 acres, more or less, and being bounded on the north by the right-of-way of Day Avenue and by lands presently owned by the State of Georgia (being conveyed to the Berrien County Board of Education part of way); on the east by lands now owned by the State of Georgia (being conveyed to the Berrien County Board of Education) part of way, and by lands of the State of Georgia part of way; on the south by the right-of-way of Hazel Street; and on the west by the right-of-way of South Jefferson Street. Said tract being more particularly described according to a plat of survey prepared by William H. Branch, Registered Land Surveyor, (this tract being designated as tract number 2 on said plat) which plat, dated February 2, 1974, and recorded in plat book 3 at page 424 in the office of the Clerk of the Superior Court of Berrien County, Georgia is by reference incorporated herein as a part of this description.; and Whereas, the above described real property is no longer needed by the Department of Agriculture, or the State of Georgia and is therefore surplus; and Whereas, Berrien County is desirous of obtaining said tracts of land. 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: (1) that the said tract or parcels of land shall be conveyed to the governing authority of Berrien County; and (2) that the conveyance of said tract or parcels of land

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shall be approved by the State Properties Commission; and (3) that the conveyance of said tract or parcels of land shall be upon such terms and conditions and for such consideration as may be mutually agreed upon by the governing authority of Berrien County and the State Properties Commission. Approved March 19, 1974. COWETA JUDICIAL CIRCUITADDITIONAL JUDGE AUTHORIZED, ETC. No. 849 (Senate Bill No. 159). An Act to add one additional judge of the superior courts of the Coweta Judicial Circuit of Georgia; to provide for the appointment of the first such additional judge by the Governor; to provide for the election of successors to the judge initially appointed; to prescribe the powers of said judge; to prescribe the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia and the counties comprising said circuit; to authorize the judges of said courts to divide and allocate the work and duties thereof; to require candidates for such judgeships to designate the places for which they are running; to provide for the manner of empanelling jurors; to provide for an additional court reporter for said circuit; to authorize the governing authorities of the counties comprising the Coweta Judicial Circuit to provide facilities, office space, supplies, equipment and personnel for said judges; to declare inherent authority; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Under and in accordance with the provisions of Article VI, Section III, Paragraph I, of the Constitution of the State of Georgia of 1945 (Ga. Code Ann., sec. 2-3801),

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

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

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under the provisions of the Juvenile Court Code of Georgia, approved April 10, 1971 (Ga. L. 1971, p. 709), as now or hereafter amended, (Ga. Code Ann., sec. 24A-201), the senior judge in point of continuous service shall appoint the judge of said court as provided by law. The two judges of the superior courts of the Coweta Judicial Circuit shall have, and they are hereby clothed with full power, authority and discretion to determine from time to time, and term to term, the manner of calling the dockets and or fixing the calendars and order of business in said courts. They may assign the hearing of trials by jury for a term to one of said judges, and the hearing of all other matters not requiring a trial by a jury to the other judge, and they may alternate such order of business at the next term. They may either of them conduct trials by jury at the same time in the same county or otherwise within said circuit, or they may both or any one of them hear chamber's business and motion business at the same time at any place within said circuit. They may provide in all respects for holding the superior courts of said circuit so as to facilitate the hearing and determination of all the business of said courts at any time pending and ready for trial or hearing. In all such matters relating to the manner of fixing, arranging for, and disposing of the business of said courts, and making appointments as authorized by law where the judges thereof cannot agree or shall differ, the opinion or order of the senior judge as hereinbefore defined shall control. Juvenile Courts. Section 8. The drawing and empanelling of all jurors, whether grand, petit, or special may be by either of the judges of the superior courts of said circuit, and they, or either of them, shall have full power and authority to draw and empanel jurors for service in said courts so as to have jurors for the trial of cases before either of said judges separately, or before each of them at the same time. Juries. Section 9. The two judges of the Coweta Judicial Circuit shall be authorized and empowered to appoint an additional court reporter for such circuit, whose compensation shall be as now or hereafter provided by law. Court reporter additional. Section 10. All writs, processes, orders, subpoenas, and

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any other official paper issuing out of the superior courts of the Coweta Judicial Circuit may bear teste in the name of any judge of said Coweta Judicial Circuit, and when issued by and in the name of any judge of said circuit, shall be fully valid and may be heard and determined before the same or any other judge of said circuit. Any judge of said courts may preside over any cause therein and perform any official act as judge thereof. Section 11. Upon request of either judge, the governing authorities of the counties comprising the Coweta Judicial Circuit are hereby authorized to furnish the judges of said court with suitable courtrooms and facilities, office space, telephone, furniture, office equipment, supplies and such personnel as may be considered necessary to the proper functioning of the court. All of the expenditures authorized herein are hereby declared to be an expense of court and payable out of the county treasury as such. Courtroom. Section 12. Nothing herein enumerated shall be deemed to limit or restrict the inherent powers, duties and responsibilities of superior court judges provided by the Constitution and statutes of the State of Georgia. Section 13. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 14. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 20, 1974.

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CERTAIN LAND CONVEYANCE TO SCHOOL BOARD OF BERRIEN COUNTY AUTHORIZED. No. 85 (Senate Resolution No. 358). A Resolution. Authorizing the conveyance of certain real property located in Berrien County, Georgia; and for other purposes. Whereas, the State of Georgia is the owner of certain real property located in Berrien County, Georgia, which is currently under the control and jurisdiction of the Department of Agriculture; and Whereas, said real property consists of two tracts or parcels of land lying and being in the County of Berrien, State of Georgia, and being more particularly described as follows: TRACT ONE: Three (3) acres, more or less, of lot of land No. 189 in the Tenth Land District of Berrien County, Georgia, lying and being in the City of Nashville, Georgia and better described as follows: Beginning at the southwest corner of said tract of land at the intersection of the North side of Day Avenue with the East side of South Jackson Street and running thence in a northerly direction along the East margin of South Jackson Street a distance of Three Hundred and Thirty-five (335) feet to lands of J. H. Anderson; thence in an easterly direction along the line of the lands of J. H. Anderson a distance of Three Hundred and Eighty-five (385) feet to King Street; thence in a southerly direction along the West margin of King Street a distance of Three Hundred and Thirty-five (335) feet to Day Avenue, and thence in a westerly direction along the North margin of Day Avenue a distance of Three Hundred and Eighty-five (385) feet to the point of beginning.

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TRACT TWO: All that tract or parcel of land situated, lying and being.91524 acres, more or less, located in lot of land #189 in the 10th land district of Berrien County, Georgia, and also located in the City of Nashville, Georgia, said tract bounded on the north by the right-of-way of Day Avenue; on the east by the right-of-way of King Street; on the south by lands owned by the State of Georgia (being conveyed to Berrien County) part of way and by lands of the State of Georgia part of way; and on the west by lands of the State of Georgia (being conveyed to Berrien County). Said tract being designated as Tract 3-A on a certain plat of survey prepared by William H. Branch, Registered Land Surveyor, on February 2, 1974, which plat, recorded in plat book 3 at page 424 in the office of the Clerk of the Superior Court of Berrien County, Georgia, is by reference incorporated herein as a part of this description.; and Whereas, the above described real property is no longer needed by the Department of Agriculture or the State of Georgia and is therefore surplus; and Whereas, the School Board of Berrien County is desirous of obtaining said tracts of land. 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: (1) that said tracts or parcels of land shall be conveyed to the School Board of Berrien County; and (2) that the conveyance of said tracts or parcels of land shall be approved by the State Properties Commission; and (3) that the conveyance of said tracts or parcels of land shall be upon such terms and conditions and for such

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consideration as may be mutually agreed upon by the governing authority of the School Board of Berrien County and the State Properties Commission. Approved March 19, 1974. ATLANTA JUDICIAL CIRCUITADDITIONAL JUDGE PROVIDED. No. 850 (Senate Bill No. 425). An Act to add one additional judge to the Atlanta Judicial Circuit; to provide for the appointment of the first such additional judge by the Governor; to provide for the election of successors to the judge initially appointed; to prescribe the powers of said judge; to prescribe the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia and the county comprising said circuit; to require each candidate for such judgeship to designate the place for which he is running; to authorize the governing authority of the county comprising such judicial circuit to provide courtrooms, facilities, jury rooms, chambers, office space, supplies, equipment and personnel for said judge; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Under and in accordance with the provisions of Article VI, Section III, Paragraph I, of the Constitution of the State of Georgia of 1945, one additional judge of the superior court is hereby added to the Atlanta Judicial Circuit. Additional judge. Section 2. The additional judge provided by this Act shall be appointed by the Governor for a term of office beginning July 1, 1974, and continuing through December 31, 1974, and until his successor is elected and qualified; such judge shall be appointed by the Governor prior to July 1, 1974, and shall take office on that date. His successor shall be elected in a manner provided by law for the election

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of judges of the superior courts of this State at the general election in November, 1974, for a term of eight years beginning on the first day of January, 1975, and until his successor shall have been elected and qualified. Future successors shall be elected at the general election each eight years thereafter for terms of eight years and until their successors are elected and qualified. They shall take office on the first day of January following the date of the election. Such elections shall be held and conducted in the manner hereafter provided by law for the election of judges of superior courts of this State. Appointment. Section 3. Every person who offers for nomination and election as one of the judges of the superior court for such judicial circuit of Georgia shall designate with the proper authority in all primaries and with the proper authority in all general elections the specific place for which he offers by naming the incumbent judge whom he desires to succeed and thereupon he shall be qualified, if otherwise qualified, to run for said specific judgeship and no other. In the event there is no incumbent judge in the place for which he desires to offer, the candidate shall qualify by announcing his intention to run for the office for which there is no incumbent. Election. Section 4. The additional judge of the superior court for such judicial circuit of Georgia shall have and may exercise all powers, duties, dignity, jurisdiction, privileges and immunities of the present judges of the superior courts of this State. Any of the judges of said courts may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law. Powers. Section 5. The qualifications of such additional judge and their successors shall be the same as are now provided by law for all other superior court judges, and their compensation, salary, and expense allowance from the State of Georgia and from the county of such circuit shall be the same as that of the other judges of the superior court of such judicial circuit. The salary supplements heretofore enacted by the county of said circuit for the present judge

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shall also be applicable to the additional judge provided for by this Act. Qualifications. Section 6. All writs and processes in the superior court of such judicial circuit shall be returnable to the terms of said superior court as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law. Section 7. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of such judicial circuit may bear teste in the name of any judge of such judicial circuit, and when issued by and in the name of any judge of said circuit, shall be fully valid and may be heard and determined before the same or any other judge of said circuit. Any judge of said courts may preside over any cause therein and perform any official act as judge thereof. Section 8. The governing authority of the county comprising such judicial circuit is hereby authorized to furnish the judges of said court with suitable courtrooms, jury rooms, chambers and facilities, office space, telephones, furniture, office equipment, supplies and such personnel as may be considered necessary to the proper functioning of the court. All of the expenditures authorized herein are hereby declared to be an expense of court and payable out of the county treasury as such. Courtroom. Section 9. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 10. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 20, 1974.

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CONVEYANCE OF LAND TO CITY OF NASHVILLE AUTHORIZED. No. 86 (Senate Resolution No. 359). A Resolution. Authorizing the conveyance of certain real property located in Berrien County, Georgia; and for other purposes. Whereas, the State of Georgia is the owner of certain real property located in Berrien County, Georgia, which is currently under the control and jurisdiction of the Department of Agriculture; and Whereas, said real property consists of one tract or parcel of land lying and being in the County of Berrien, State of Georgia, and being more particularly described as follows: Beginning at the junction of the West margin of the right-of-way of the main line of the Georgia Florida Railroad with the north margin of Hazel Avenue, and running thence westward along the North margin of Hazel Avenue to the East margin of King Street; thence North along the East margin of King Street to the South margin of Day Street; thence East along the South margin of Day Street to the West margin of the right-of-way of said Georgia Florida Railroad main line; thence Southeastly along the West margin of the right-of-way of said main line of said Georgia Florida Railroad to the north Margin of Hazel Avenue, the point of beginning. Said tract being bounded as follows; North by Day Street; East by the West margin of the main line of the Georgia Florida Railroad; South by the North margin of Hazel Street; and West by the East margin of King Street.; and Whereas, the above described real property is no longer needed by the Department of Agriculture, or the State of Georgia and is therefore surplus; and

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Whereas, the City of Nashville is desirous of obtaining said tract of land. 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: (1) that said tract or parcel of land shall be conveyed to the City of Nashville; and (2) that the conveyance of said tract or parcel of land shall be approved by the State Properties Commission; and (3) that the conveyance of said tract or parcel of land shall be upon such terms and conditions and for such consideration as may be mutually agreed upon by the governing authority of the City of Nashville and the State Properties Commission. Approved March 19, 1974. THE GEORGIA COURT REPORTING ACT. No. 851 (Senate Bill No. 444). An Act to be known as The Georgia Court Reporting Act; to provide a short title; to provide for a declaration of purpose; to provide that the Judicial Council of Georgia is an agency of the judicial branch of State government for certain purposes; to provide for authority, powers and duties of the Judicial Council and of the Board of Court Reporting of the Judicial Council relative to the regulation of court reporting; to require certification of court reporters; to provide for injunctions; to provide for penalties; to provide that it shall be unlawful for a person to engage in the practice of court reporting without being certified; to provide for rules and regulations; to provide

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for practice and procedure; 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. Short Title. This Act shall be known and may be cited as The Georgia Court Reporting Act. Section 2. Declaration of Purpose. It is hereby declared by the General Assembly of Georgia that the practice of court reporting carries important responsibilities in connection with the administration of justice, both in and out of the courts; that court reporters are officers of the courts, and that the right to define and regulate the practice of court reporting belongs naturally and logically to the judicial branch of the State government. Therefore, in recognition of these principles, the purpose of this Act is to act in aid of the judiciary so as to insure minimum proficiency in the practice of court reporting by recognizing and conferring jurisdiction upon the Judicial Council of the State of Georgia to define and regulate the practice of court reporting. Section 3. Judicial Council of Georgia; Agency of Judicial Branch. The Judicial Council of Georgia, as created by an Act approved April 3, 1973 (Ga. L. 1973, p. 288), is hereby declared to be an agency of the judicial branch of State government for the purpose of defining and regulating the practice of court reporting in this State. Section 4. Definitions. The following words and phrases when used in this Act shall have the following meanings: (1) Court Reporting shall mean the making of a verbatim record by means of manual shorthand, machine shorthand or Stenomask or other means of personal verbatim transcription of any testimony given under oath before, or for submission to, any court, referee, court examiner or board, commission or other body created by statute of this State, or any other proceeding where a verbatim record is required.

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(2) Court Reporter shall mean any person who is engaged in the practice of court reporting as a profession as defined in this Act. The term court reporter shall include not only those who actually report judicial proceedings in courts, but those who make verbatim records as defined in subsection (1) of this Section. (3) Certified Court Reporter shall mean any person certified under the provisions of this Act to practice verbatim reporting. (4) Board shall mean the Board of Court Reporting of the Judicial Council as hereinafter provided. Section 5. Board of Court Reporting of the Judicial Council, creation, name, membership, appointment, qualifications, terms, vacancies, removal. There is hereby established a board which shall be known and designated as the Board of Court Reporting of the Judicial Council and shall be composed of seven members, four members to be Certified Court Reporters and two members to be representatives from the State Bar of Georgia, and one member from the judiciary, each of whom shall have not less than five years' experience in his or her profession. The initial board shall be appointed by the Judicial Council. The term of office shall be two years, and the Judicial Council shall fill vacancies on the board. Any member of this board may be removed by the Judicial Council after a hearing at which the Judicial Council shall have determined cause for removal. Section 6. Oath of office taken by board, certificate of appointment. Immediately and before entering upon the duties of said office, the members of the State Board of Court Reporting shall take the oath of office, and shall file the same in the office of the Judicial Council, which upon receiving said oath of office, shall issue to each member a certificate of appointment. Section 7. Organization of board, rules and regulations. The board shall each year elect from its members a chairman

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whose term shall be for one year and who shall serve during the period for which elected and until his or her successor shall be elected. The board shall make all necessary rules and regulations to carry out the provisions of this Act, but said rules and regulations shall be subject to review by the Judicial Council. Section 8. Certified Court Reporter, corporation and firm name; regulations. Any person who has received from the board a certificate as herein provided for shall be known and styled as a Certified Court Reporter, and shall be authorized to practice as such in the State of Georgia and to use such title or the abbreviation C.C.R. in so doing. No other person, firm or corporation, all of the members of which have not received such certificate, shall assume the title Certified Court Reporter or the abbreviation C.C.R., or any other words or abbreviations tending to indicate that the person, firm or corporation so using the same is a certified court reporter. Section 9. Issuance of certificate, qualifications for certification. The board shall grant a certificate as a Certified Court Reporter to any citizen of the United States residing or having a place for the regular transaction of business in this State (a) who has attained the age of eighteen years, is of good moral character, and is a graduate of a high school or has had an equivalent education; and (b) who has, except as provided in Section 11 of this Act, successfully passed an examination in verbatim court reporting as prescribed in Section 10 of this Act. Section 10. Examination of applicants, fee, scope of examination. Every person desiring to commence the practice of court reporting in this State shall file an application for a certificate with the State Board of Court Reporting upon such form as shall be adopted and prescribed by the board. At the time of making such application the applicant shall deposit with the board an examination fee, to be determined by the board. Examinations shall be conducted as often as may be necessary as determined by the board, provided, that examinations are conducted at least once annually. Applicants shall be notified by mail of the holding of such examinations

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no later than ten (10) days before the date upon which such examinations are to be given. Examinations shall be conducted and graded according to rules and regulations prescribed by the board. Section 11. Exemption from taking examination. Any person, a citizen of the United States, who has attained the age of eighteen years, of good moral character, who shall submit to said board an affidavit under oath that he or she has been actively and continuously for one year preceding the passage of this Act principally engaged as a court reporter shall be exempt from taking such examination and shall be granted a certificate as a Certified Court Reporter. Section 12. Limitations after one year following effective date. After expiration of one year after the date this Act becomes law, no person shall engage in the practice of verbatim court reporting in this State unless such person is the holder of a certificate as a Certified Court Reporter issued under the provisions of this Act. Section 13. Revocation, notice to certificate holder, hearing, witnesses. On a verified complaint, the board may revoke or suspend any certificate issued under this Act for unprofessional conduct or other sufficient cause after notice of and opportunity for hearing. Said notice shall state the cause for such contemplated revocation, the time and place of such hearing, and shall be mailed to the registered address of the holder of such certificate at least thirty (30) days before such hearing. Each board member shall be empowered to administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence and require the production of any records, concerning any matter within the jurisdiction of the board. The board shall reduce to writing a summary of the evidence given before it, and shall make a written finding of facts thereon. Certificates may be revoked or suspended for one or more of the following reasons: (1) Conviction of a felony subsequent to the passage of this Act;

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(2) Conviction of a misdemeanor involving moral turpitude subsequent to the passage of this Act; (3) Fraud, dishonesty, corruption, willful violation of duty, or has become incompetent to continue to perform his or her duties as a court reporter; (4) Fraud or misrepresentation resorted to in obtaining a certificate under this Act. Provided, however, that any disciplinary action of the board may be appealed by the aggrieved person to the Judicial Council, which shall have the power to review said determination by the board. Section 14. Penalties for violation. If, after this Act becomes law, any person shall represent himself or herself as having received a certificate as provided for in this Act, or shall practice as a Certified Court Reporter without having received such certificate, or, after having his or her certificate revoked, shall continue to practice as a Certified Court Reporter in the State of Georgia, or shall use any title or abbreviation indicating that the person using same is a Certified Court Reporter, or shall violate any of the provisions of this Act, said person shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as for a misdemeanor. Section 15. Injunction against violations. On the verified complaint of any person that any person, firm or corporation has violated any of the provisions of this Act, the board may, with the consent of the Judicial Council, file an equitable petition in its own name in the superior court of any county in this State having jurisdiction of the parties, alleging the facts and praying for a temporary restraining order and temporary injunction or permanent injunction against such person, firm or corporation restraining them from violating the provisions of this Act and upon proof thereof the Court shall issue such restraining order, temporary injunction or permanent injunction without requiring allegation or proof that the petitioner has no adequate remedy at law. The right of injunction provided for in this

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Section shall be in addition to any other legal remedy which the board has, and shall be in addition to any right of criminal prosecution provided by law. Section 16. Temporary employment permit. Nothing in this Act shall be construed to prohibit the temporary employment of any person not certified under this Act who has first obtained a temporary permit from the board or from a judge in the circuit in which the cause is pending. The board may limit the extent of such temporary permit based upon the need for such temporary employment. Section 17. Renewal of certificate. Every Certified Court Reporter who continues in the active practice of verbatim court reporting shall annually, on or before April 1, following the date of issuance of the certificate under which he is then entitled to practice, renew such certificate upon the payment of a fee established by the board. Every certificate which has not been renewed on the first day of April shall expire on that date of that year and shall result in the suspension of that reporter's right to practice under this Act, which suspension shall not be terminated until all delinquent fees have been paid. Section 18. The administrative and staff work of the Board of Court Reporters of the Judicial Council shall be among the duties of the Administrative office of the courts, created by Ga. L. 1973, p. 288. The director of the administrative office of the courts shall serve as secretary of the Board of Court Reporters of the Judicial Council, and shall perform all duties as may be assigned to him either by the board or the Judicial Council to implement the provisions of this Act. Section 19. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 20. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 20, 1974.

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CRIMINAL PROCEDURESENTENCESIMPOSITION BY JUDGE AUTHORIZED, ETC. Code Title 27 Amended. No. 854 (House Bill No. 127). An Act to amend Code Title 27, relating to criminal procedure, as amended, and to amend an Act repealing an Act providing for indeterminate sentences in cases of felonies not punishable by life imprisonment and other Acts relating to indeterminate sentences, approved March 18, 1964 (Ga. L. 1964, p. 483), as amended by an Act approved March 27, 1970 (Ga. L. 1970, p. 949), so as to provide that on the trial of all criminal cases the jury shall give a general verdict of guilty or not guilty, and upon a verdict of guilty the judge shall fix the sentence to be imposed in such case; to provide for a review of sentences imposed or fixed in cases in which a sentence is fixed by a judge; to provide for limitations; to provide for applications; to provide for the submission of certain documents, records and reports; to provide that such review shall be by a panel of three superior court judges; to provide for the appointment of such judges; to provide for the duties, powers and expenses of such judges; to provide that a proceeding for review of a sentence shall not affect appeals in such cases to other appellate courts; to provide for practice and procedure in connection with such review of sentences; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Title 27, relating to criminal procedure, as amended, is hereby amended by striking Code section 27-2301, relating to general verdicts and the form and construction of verdicts, and inserting in lieu thereof a new Code section 27-2301, to read as follows: 27-2301. Jury judges of law and facts; general verdict; form and construction of verdicts. On the trial of all

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criminal cases the jury shall be the judges of the law and the facts, and shall give a general verdict of `guilty' or `not guilty'. Upon a verdict of guilty the sentence shall be imposed by the judge, as provided by law. Verdicts are to have a reasonable intendment, and are to receive a reasonable construction, and are not to be avoided unless from necessity. Code 27-2301 amended. Section 2. Said Code Title is further amended by striking from Code section 27-2302, relating to recommendations of mercy, as amended, the following: and shall mean imprisonment for life., and inserting in lieu thereof the following: and shall be a recommendation to the judge of imprisonment for life. Such recommendation shall be binding upon the judge., so that when so amended, Code Section 27-2302 shall read as follows: 27-2302. Recommendation to mercy. In all capital cases, other than those of homicide, when the verdict is guilty, with a recommendation to mercy, it shall be legal and shall be a recommendation to the judge of imprisonment for life. Such recommendation shall be binding upon the judge. Code 27-2302 amended. Section 3. An Act repealing an Act providing for indeterminate sentences in cases of felonies not punishable by life imprisonment and other Acts, relating to indeterminate sentences, approved March 18, 1964 (Ga. L. 1964, p. 483), as amended by an Act approved March 27, 1970 (Ga. L. 1970, p. 949), is hereby amended by striking section 4 of said Act, which reads as follows: Section 4. The following is hereby enacted in lieu of the above repealed provisions: The jury in their verdict on the trial of all cases of felonies not punishable by life imprisonment shall not prescribe

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an indeterminate sentence for a minimum and maximum term, but shall prescribe a determinate sentence for a specific number of years, which shall be within the minimum and maximum prescribed by law as the punishment for said crime, and the judge in imposing the sentence shall sentence said convicted person to the penitentiary in accordance with the verdict of the jury. However, the judge imposing said sentence is hereby granted power and authority to suspend or probate said sentence, under such rules and regulations as he thinks proper. The judge is also empowered with the right and authority to revoke said suspension or probation when the defendant has violated any of the rules and regulations prescribed by the court. In cases of pleas of guilty, the judge, and not the jury, shall prescribe a determinate sentence for such specific number of years as he may see fit; provided, that after the term of court at which sentence is imposed the superior court judges shall have no authority to suspend, probate, modify or change the sentences of said prisoners except as otherwise provided., Certain indeterminate sentences repealed. in its entirety. Section 4. Code Title 27, relating to criminal procedure, as amended, is further amended by inserting therein a new Code section, to be designated as Code section 27-2502, to read as follows: 27-2502. Determinate sentences. Upon a verdict or plea of guilty in any case involving a misdemeanor or felony the judge fixing such sentence shall prescribe a determinate sentence for a specific number of years, which shall be within the minimum and maximum prescribed by law as the punishment for said crime, except in cases in which life imprisonment or capital punishment is imposed. The judge imposing said sentence is hereby granted power and authority to suspend or probate said sentence, under such rules and regulations as he deems proper. Said judge shall also be empowerd to revoke said suspension or probation when the defendant has violated any of the rules and regulations prescribed by the court. After the term of court at which

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the sentence is imposed by the judge, he shall have no authority to suspend, probate, modify or change the sentence of said prisoner, except as otherwise provided. Code 27-2502 enacted. Section 5. Code Title 27, relating to criminal procedure, as amended, is further amended by striking from Code section 27-2511, relating to the conviction of second or subsequent offenses, as amended, the following: the jury or, so that when so amended, Code section 27-2511 shall read as follows: 27-2511. Conviction of second offense, longest time: service of sentences by fourth offenders. If any person who has been convicted of an offense and sentenced to confinement and labor in the penitentiary shall afterwards commit a crime punishable by confinement and labor in the penitentiary, he shall be sentenced to undergo the longest period of time and labor prescribed for the punishment of the offense of which he stands convicted: Provided, however, any person who, after having been three times convicted under the laws of this State of felonies, or under the laws of any other State or of the United States, of crimes which, if committed within this State would be felonies, commits a felony within this State other than a capital felony, must, upon conviction of such fourth offense, or of subsequent offenses, serve the maximum time provided in the sentence of the judge based upon such conviction, and shall not be eligible for parole until the maximum sentence has been served. For the purpose of this Section conviction of two or more crimes charged on separate counts of one indictment or information or in two or more indictments or informations consolidated for trial, shall be deemed to be only one conviction. Code 27-2511 amended. Section 6. An Act repealing an Act providing for indeterminate sentences in cases of felonies not punishable by life imprisonment and other Acts, relating to indeterminate sentences, approved March 18, 1964 (Ga. L. 1964, p. 483),

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as amended by an Act approved March 27, 1970 (Ga. L. 1970, p. 949), is hereby amended by striking section 1A, which reads as follows: 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

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court is reversed on appeal because of error only in the presentence hearing, the new trial which may be ordered shall apply only to the issue of punishment., Certain indeterminate sentences repealed. in its entirety. Section 7. Code Title 27, relating to criminal procedure, as amended, is hereby amended by inserting therein a new Code section, to be designated Code section 27-2503, to read as follows: 27-2503. Presentence hearings in felony cases. (a) Except in cases in which the death penalty may be imposed, upon the return of a verdict of `guilty' by the jury in any felony case, the judge shall dismiss the jury and shall conduct a presentence hearing at which the only issue shall be the determination of punishment to be imposed. In such hearing the 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 prior conviction 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 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. In cases in which the death penalty may be imposed, the judge when sitting without a jury shall follow the additional procedure provided in Code section 27-2534.1. Upon the conclusion of the evidence and arguments the judge shall impose the sentence or shall recess the trial for the purpose of taking the sentence to be imposed under advisement. The judge shall fix a sentence within the limits prescribed by law. If the trial court is reversed on appeal because of error only in the presentence hearing, the new trial which may be ordered shall apply only to the issue of punishment. Code 27-2503 enacted. (b) In all cases in which the death penalty may be imposed and which are tried by a jury, upon a return of a

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verdict of guilty by the jury, the court shall resume the trial and conduct a presentence hearing before the jury. Such hearing shall be conducted in the same manner as presentence hearings conducted before the judge as provided in subsection (a) of this Section. Upon the conclusion of the evidence and arguments, the judge shall give the jury appropriate instructions, and the jury shall retire to determine whether any mitigating or aggravating circumstances, as defined in Code section 27-2534.1, exist and whether to recommend mercy for the defendant. Upon the findings of the jury, the judge shall fix a sentence within the limits prescribed by law. Section 8. Code Title 27, relating to criminal procedure, as amended, is hereby amended by inserting, following Code section 27-2511, a new Code section, to be designated Code section 27-2511.1, to read as follows: 27-2511.1. Review of Sentences. (a) In any case, except cases in which the death penalty is imposed, in which a sentence of five or more years, or several consecutive sentences which total five or more years, has been fixed and imposed by a judge, without a jury, the defendant shall have the right to have such sentence or sentences reviewed by a panel of three superior court judges. The purpose of such review shall be for the determination of excessive harshness in the sentence or sentences so imposed. Consideration shall be given in such review to the nature of the crime for which the defendant has been convicted and to the defendant's prior criminal record. Any defendant seeking a review of such sentence or sentences shall make application therefor within 30 days of the date on which the sentence was imposed by a judge of the superior court or after the remittitur from the Court of Appeals or Supreme Court affirming the conviction is made the judgment of the sentencing court, whichever shall occur last. Such application shall be filed with the clerk of the superior court in which the sentence was imposed. Upon the filing of an application the clerk shall transmit the same to the three-judge panel created by the provisions of this section within ten days of the date on which such application was filed. It shall be the duty of the judge imposing such sentence and

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any probation officer to transmit, within ten days of the filing of an application for review of a sentence, a copy of any presentence or post-sentence report prepared by the probation officer, including the record of the defendant, to said three-judge panel. Code 27-2511.1 enacted. (b) For the purpose of reviewing sentences, as provided by this section, there is hereby created a panel of three superior court judges, to be appointed by the superior court judge then serving as the President of the Council of Superior Court Judges. Judges so appointed shall serve for a term of three months and until their successors are duly appointed and qualified. Judges so appointed shall receive their actual expenses incurred in the performance of their duties on such panel but shall receive no additional compensation. Such expenses shall be paid from funds appropriated to, or otherwise available to, the Judicial Branch of State Government. The panel shall be furnished offices, supplies, materials and secretarial assistance required for the performance of their duties by the State. The panel shall meet at the State capitol at such times as may be required for the review of sentences, provided that all applications for review of sentences shall be heard within three months from the date on which they are filed. No judge appointed to a panel shall review a sentence which he has imposed on the trial of the case in the superior court or participate in any such review. If such a case is brought before the panel, the President of the Council of Superior Court Judges shall have the authority to appoint an additional superior court judge as a member of the panel for the review of such case. (c) The three-judge panel provided by this Section shall have the authority to review sentences upon application of the defendants in such cases. In the review of such sentences the defendant and the district attorney shall have the right to present written argument relative to the sentence imposed and the harshness or justification thereof. If, in the opinion of the panel, the sentence imposed by the trial judge is too harsh or severe in light of all of the circumstances surrounding the case and the defendant, and in light of the defendant's past history, the panel shall have the authority to issue an order reducing the sentence originally imposed

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by the trial judge. Said panel shall not have the authority, however, to reduce any sentence to probation or to suspend any sentence. The panel shall not be required to file written opinions but shall file a copy of any order or remittitur reducing a sentence with the superior court which originally imposed such sentence. (d) The reduction of a sentence, or the refusal to reduce a sentence, by the panel shall not be reviewable. The provisions for review of sentences provided by this Section shall not be deemed to affect the right to appeal or any practices, procedures or time limitations relative to appeals to appellate courts. A defendant shall not have the right to file more than one application for a review of a sentence, and any order issued by the panel reducing or refusing to reduce any sentence covered by an application shall be binding on the defendant and the superior court imposing such sentence. (e) The provisions of this Section shall not apply to cases in which the death penalty is imposed. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 20, 1974. ASSISTANT DISTRICT ATTORNEYS IN CIRCUITS HAVING MORE THAN ONE JUDGESALARIES CHANGED. No. 855 (House Bill No. 279). An Act to amend an Act providing for certain assistant district attorneys in certain judicial circuits, approved March 24, 1970 (Ga. L. 1970, p. 716), as amended, so as to change the compensation of persons appointed, as assistant district attorneys; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. An Act providing for certain assistant district attorneys in certain judicial circuits, approved March 24, 1970 (Ga. L. 1970, p. 716), as amended, is hereby amended by striking from Section 1(a) the following: $12,500.00 per annum, and inserting in lieu thereof the following: $14,500.00 per annum, so that when so amended, section 1(a) shall read as follows: Section 1. (a) In each judicial circuit having more than one superior court judge, the district attorney shall be authorized to appoint as many assistant district attorneys as there are superior court judges in excess of one with the approval of the governing authorities of all of the counties comprising the judicial circuit, which assistant district attorneys shall each be compensated not in excess of $14,500.00 per annum at the discretion of the appointing district attorney from state funds, in equal monthly installments, by the State Treasurer, upon his being presented certification from the chief or presiding judge of the judicial circuit as to the employment of each such assistant district attorney. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 20, 1974. CRIMINAL PROCEDURECERTAIN MISDEMEANOR SENTENCES MAY BE SERVED ON WEEK-ENDS. Code 27-2506 Amended. No. 856 (House Bill No. 924). An Act to amend Code Section 27-2506, relating to the punishment of misdemeanor offenses, as amended, so as

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to provide that a judge in his discretion may allow sentences of six months or less to be served on weekends; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 27-2506, relating to punishment of misdemeanor offenses, as amended, is hereby amended by adding between the last and next to last paragraph of said Section a new paragraph to read as follows: In all misdemeanor cases in which, upon conviction, a six month sentence or less is imposed, it is within the authority and discretion of the sentencing judge to allow such sentence to be served on weekends by weekend confinement. A weekend shall commence and shall end in the discretion of the sentencing judge, provided however, that the judge shall retain plenary control of the prisoner at all times during said sentence period. A weekend term shall be counted as serving two days of the full sentence., so that when so amended said section of the Code shall read as follows: 27-2506. Misdemeanors, how punished. Except where otherwise provided, every crime declared to be a misdemeanor shall be punished either: Code 27-2506 amended. (a) By a fine not to exceed $1,000 or by confinement in the county or other jail, county public works camp or such other places as counties may provide for maintenance of county prisoners for a total term not to exceed twelve months, either a fine or confinement or both; or, (b) By confinement under the jurisdiction of the State Board of Corrections in the State penitentiary, in a public works camp or such other institutions as the Director of Corrections may direct, for a determinant term of months which shall be more than six months but shall not exceed a total term of twelve months.

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(c) Any person adjudicated guilty of a misdemeanor for the first time, who was on the date that the misdemeanor was committed, between the ages of sixteen and eighteen years old, shall be punished by a fine not to exceed $1,000 or confined exclusively under the jurisdiction of the State Board of Corrections for a period not to exceed twelve months. Provided that if subsection (c) does not govern, then any person adjudicated guilty of a misdemeanor shall be punished in accordance with subsections (a) or (b), or any other Georgia law applicable. Either the punishment provided in (a) or (b), but not both, may be imposed in the discretion of the sentencing judge; provided, however, that misdemeanor punishment imposed under (a) or (b) may be subject to suspension or probation but the punishment provided in (b) shall not be subject to suspension or probation wholly or partially upon payment of a fine either directly or indirectly; and provided, further, that the sentencing courts shall retain jurisdiction to amend, modify, alter, suspend or probate sentences under (a) at any time but in no instance shall any sentence under (a) be modified in a manner to place a county prisoner under the jurisdiction of the State Board of Corrections. In all misdemeanor cases in which, upon conviction, a six month sentence or less is imposed, it is within the authority and discretion of the sentencing judge to allow such sentence to be served on weekends by weekend confinement. A weekend shall commence and shall end in the discretion of the sentencing judge, provided however, that the judge shall retain plenary control of the prisoner at all times during said sentence period. A weekend term shall be counted as serving two days of the full sentence. A person convicted of a misdemeanor of a high and aggravated nature shall be punished by a fine not to exceed $5,000 or by confinement for a specific term not to exceed twelve months or by both. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 20, 1974.

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WAYCROSS JUDICIAL CIRCUITADDITIONAL JUDGE PROVIDED, ETC. No. 857 (House Bill No. 1558). An Act to add one additional judge of the superior courts for the Waycross Judicial Circuit of Georgia; to provide for the appointment of the first additional judge by the Governor; to provide for the election of said additional judge and for the election of successors; to prescribe the powers of said judge; to prescribe the compensation, salary and expense allowance of said judge to be paid by the State of Georgia and the counties comprising said circuit; to require each candidate for such judgeship to designate the place for which he is running; to provide for courtroom and chamber space; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Under and in accordance with the provisions of Article VI, Section III, Paragraph I of the Constitution of the State of Georgia of 1945 (Ga. Code Ann., sec 2-3801), one additional judge of the superior courts for the Waycross Judicial Circuit of Georgia is hereby added, thereby increasing to two the number of judges of the superior courts for said circuit. Additional judge. Section 2. Said additional judge shall be appointed by the Governor for a term of office beginning immediately following the appointment and continuing through December 31, 1974, and until his successor is elected and qualified. Such judge shall take office immediately following his appointment. His successor shall be elected in a manner provided by law for the election of judges of the superior courts of this State at the general election in November, 1974, for a term of four years beginning on the first day of January, 1975, and until his successor shall have been elected and qualified. Future successors shall be elected at the general election each four years for terms of four years and until their successors are elected and qualified. They shall take

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office on the first day of January following the date of the election. Such elections shall be held and conducted in the manner provided by law for the election of judges of superior courts of this State. Appointment. Section 3. Every person who offers for nomination and election as one of the judges of said superior courts for the Waycross Judicial Circuit of Georgia shall designate with the proper authority in all primaries and with the proper authority in all general elections the specific place for which he offers by naming the incumbent judge whom he desires to succeed, and thereupon he shall be qualified, if otherwise qualified, to run for said specific judgeship and no other. In the event there is no incumbent judge in the place for which he desires to offer, the candidate shall qualify by announcing his intention to run for the office for which there is no incumbent. Election. Section 4. The additional judge of the superior courts for the Waycross Judicial Circuit of Georgia shall have and may exercise all powers, duties, dignity, jurisdiction, privileges and immunities of the present judges of the superior courts of this State. Any of the judges of said court may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law. Powers. Section 5. The qualifications of such additional judge and his successors shall be the same as are now provided by law for all other superior court judges, and his compensation, salary and expense allowance from the State of Georgia and from the counties of such circuit shall be the same as that of the other judges of the superior courts of the Waycross Judicial Circuit. Qualifications. Section 6. All writs and processes in the superior courts of the Waycross Judicial Circuit shall be returnable to the terms of said superior courts as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law.

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Section 7. The governing authority of each county comprising the Waycross Judicial Circuit is hereby authorized and empowered to provide a suitable courtroom, jury room and chambers for the additional judge of the Waycross Judicial Circuit created herein as may be necessary upon the recommendation of said judge. Courtroom. Section 8. All writs, processes, orders, subpoenas and any other official paper issuing out of the superior courts of the counties comprising the Waycross Judicial Circuit may bear teste in the name of any judge of said Waycross Judicial Circuit, and when issued by and in the name of any judge of said circuit, shall be fully valid and may be heard and determined before the same or any other judge of said circuit. Any judge of said court may preside over any cause therein and perform any official act as judge thereof. Section 9. The said judges of the superior courts of said circuit shall have and they are hereby clothed with full power, authority and discretion to determine from time to time, and term to term, the manner of calling the dockets and/or fixing the calendars and order of business in said court. They may assign the hearing of trials by jury to such judge as they shall determine and may assign the hearing of other matters not requiring a jury trial to the judge and they may alternate such order of business at the next term or in such manner as they shall decide. They may conduct trials at the same time in the same or separate counties or they may hear chamber business and motions business at the same time in the same or separate counties. They may provide in all respects for holding the superior courts of said circuit so as to facilitate the hearing and determination of all the business of said courts ready for trial or hearing. In all such matters relating to the manner of fixing, arranging for, assigning and disposing of the business of said courts and making appointments as authorized by law where the judges thereof cannot agree or shall differ, the opinion or order of the judge senior in term of service as superior court judge shall control; provided, however, that in the event that any two or more of said judges were elected at the same time and neither of said judges be senior in term

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of service, the judge receiving the greatest number of votes in the election shall be deemed the senior judge. Section 10. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 20, 1974. DOUGHERTY JUDICIAL CIRCUITADDITIONAL JUDGE PROVIDED, ETC. No. 858 (House Bill No. 1633). An Act to provide for an additional Judge of the Superior Court of the Dougherty Judicial Circuit; to provide for the appointment of the first additional Judge by the Governor; to provide for election of successors to the Judge initially appointed; to prescribe the powers of said Judge; to prescribe the compensation, salary and expense allowance of said Judge; to authorize the Judges of said court to divide and allocate the work and duties thereof; to provide for a Chief Judge; to provide for the manner of empaneling jurors; to provide for an additional Court Reporter for said Circuit; to authorize the governing authority of the counties comprising said Circuit to provide facilities, office space, supplies, equipment, and personnel for said Judges; to declare inherent authority; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Pursuant to the provisions of Article VI, Section III, Paragraph I of the Constitution, there is hereby added one Superior Court Judge to the Dougherty Judicial Circuit. Additional judge. Section 2. Within 30 days after the approval of this Act, the Governor shall appoint the initital additional Judge to serve until December 31, 1974. Said Judge shall take office

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immediately upon taking the required oath. His successor shall be elected in a manner provided by law for the election of Judges of the Superior Courts of this State at the general election in November, 1974, for a term of four years beginning on the first day of January, 1975, and until his successor shall be duly elected and qualified. Future successors shall be elected at the general election conducted each four years thereafter for terms of four years and until their successors are duly elected and qualified. They shall take office on the first day of January following the date of their election. Appointment. Section 3. The additional Judge of the Superior Court of the Dougherty Judicial Circuit shall have and may exercise all powers, duties, dignity, jurisdiction, privileges and immunities of the present Judges of the Superior Courts of this State. Either of the two Judges of said Circuit may preside over any cause, whether in their own or in other circuits, and perform any official act as Judge thereof, including sitting on Appellate Courts as provided by law. Powers. Section 4. The qualifications of such additional Judge and his successors shall be the same as are provided by law for all other Superior Court Judges, and his compensation, salary, and allowances shall be the same as that of the other Judge of the Superior Courts of the Dougherty Judicial Circuit. Qualifications. Section 5. All writs and processes in the Superior Court of the Dougherty Judicial Circuit shall be returnable to the terms of said Superior Court as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law, and all terms of said court shall be held in the same manner as though there were but one Judge, it being the intent and purpose of this Act to provide two Judges coequal in jurisdiction and authority to attend to perform the functions, powers and duties of the Judges of said Superior Court and to direct and conduct all hearings and trials in said courts. Section 6. The two Judges of the Superior Court of the Dougherty Judicial Circuit of Georgia, in transacting the

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business of said court and in performing their duties and responsibilities, shall share, divide and allocate the work and duties to be performed by each. In the event of any disagreement between said Judges in any respect, the decision of the senior Judge in point of service, who shall be known as the Chief Judge, shall be controlling. The Judge of the Superior Court serving at the time this Act becomes effective shall be the first Chief Judge. Thereafter, the Judge with the longest service as a Judge of the Superior Courts shall be the Chief Judge. The Judges of the Superior Court of the Dougherty Judicial Circuit shall have, and they are hereby clothed with full power, authority, and discretion to determine from time to time, and term to term, the manner of calling the dockets and/or fixing the calendars and order of business in said court. They may assign the hearing of trials by jury for a term to one of said Judges, and the hearing of all other matters not requiring a trial by a jury to the other Judge, and they may alternate such order of business at the next term. They may either of them conduct trials by jury at the same time in the same county or otherwise within said circuit, or they may both or any one of them hear chambers business and motion business at the same time, at any place within said circuit. They may provide in all respects for holding the Superior Courts of said Circuit so as to facilitate the hearing and determination of all the business of said courts at any time pending and ready for trial or hearing. In all such matters relating to the manner of fixing, arranging for, and disposing of the business of said court, and making appointments as authorized by law where the Judges thereof cannot agree or shall differ, the opinion or order of the Chief Judge, as hereinbefore defined, shall control. Section 7. The drawing and empaneling of all jurors, whether grand, petit, or special, may be by either of the Judges of the Superior Court of said Circuit, and they, or either of them, shall have full power and authority to draw and empanel jurors for service in said courts so as to have jurors for the trial of cases before either of said Judges separately, or before each of them at the same time. Juries. Section 8. The Judges of the Dougherty Judicial Circuit

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shall be authorized and empowered to appoint an additional Court Reporter for such Circuit, whose compensation shall be as now or hereafter provided by law. Court reporter. Section 9. All writs, processes, orders, subpoenas, and any other official paper issuing out of the Superior Court of the Dougherty Judicial Circuit may bear teste in the name of any Judge of said Dougherty Judicial Circuit, and when issued by and in the name of any Judge of said Circuit, shall be fully valid and may be heard and determined before the same or any other Judge of said Circuit. Any Judge of said court may preside over any cause therein and perform any official act as Judge thereof. Section 10. Upon request of either Judge, the governing authorities of the counties comprising the Dougherty Judicial Circuit are hereby authorized to furnish the Judges of said court with suitable courtrooms and facilities, office space, telephone, furniture, office equipment, supplies and such personnel as may be considered necessary by the court to the proper function of the court. All of the expenditures authorized herein are hereby declared to be an expense of court and payable out of the county treasury as such. Courtroom. Section 11. Nothing herein enumerated shall be deemed to limit or restrict the inherent powers, duties, and responsibilities of Superior Court Judges provided by the Constitution and statutes of the State of Georgia. Section 12. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 13. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 20, 1974.

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CONASAUGA JUDICIAL CIRCUITADDITIONAL JUDGE PROVIDED, ETC. No. 859 (House Bill No. 1639). An Act to add one additional Judge to the Superior Courts of the Conasauga Judicial Circuit of Georgia; to provide for the appointment of the first additional Judge by the Governor; to provide for election of successors to the Judge initially appointed; to prescribe the powers of said Judge; to prescribe the compensation, salary and expense allowance of said Judge to be paid by the State of Georgia and the counties comprising said Circuit; to authorize the Judges of said court to divide and allocate the work and duties thereof; to require candidates for such Judgeship to designate the place for which they are running; to provide for the manner of empaneling jurors; to provide for an additional Court Reporter for the said Circuit; to authorize the governing authority of the Counties of Whitfield and Murray to provide facilities, office space, supplies, equipment, and personnel for said Judges; to declare inherent authority; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Under and in accordance with the provisions of Article VI, Section III, Paragraph I, of the Constitution of the State of Georgia of 1945 (Ga. Code Ann., section 2-3801), one additional judge of the Superior Courts for the Conasauga Judicial Circuit of Georgia is hereby added, thereby increasing to two the number of judges of the Superior Courts of said circuit, effective April 1, 1974. Additional judge. Section 2. Said additional judge shall be appointed by the Governor for a term of office beginning April 1, 1974, and continuing through December 31, 1974, and until his successor is elected and qualified; such judge shall be appointed by the Governor prior to April 1, 1974, and shall take office on that date. His successor shall be elected in a manner provided by law for the election of judges for the superior courts of this State at the general election in November,

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1974, for a term of four years beginning on the first day of January, 1975, and until his successor shall have been elected and qualified. Future successors shall be elected at the general election each four years thereafter for terms of four years and until their successors are elected and qualified. They shall take office on the first day of January following the date of the election. Such elections shall be held and conducted in the manner hereafter provided by law for the election of judges of superior courts of this State. Appointment. Section 3. Every person who offers for nomination and election as one of the judges of said superior courts for the Conasauga Judicial Circuit of Georgia shall designate with the State party authority in all State primaries and with the proper authority in all general elections the specific place for which he offers by naming the incumbent judge whom he desires to succeed and thereupon he shall be qualified, if otherwise qualified, to run for said specific judgeship and no other. In the event there is no incumbent judge in the place for which he desires to offer, the candidate shall qualify by announcing his intention to run for the office for which there is no incumbent. Election. Section 4. The additional judge for the superior courts for the Conasauga Judicial Circuit of Georgia shall have and may exercise all powers, duties, dignity, jurisdiction, privileges and immunities of the present judges of the superior courts of this State. Either of the two judges of said courts may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law. Powers. Section 5. The qualifications of such additional judge and his successors shall be the same as are now provided by law for all other superior court judges, and his compensation, salary, and expense allowance from the State of Georgia and from the counties of such circuit shall be the same as that of the other judge of the superior courts of the Conasauga Judicial Circuit. The salary supplements heretofore enacted by the counties of said circuit for the present

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judge shall also be applicable to the additional judge provided for by this Act. Qualifications. Section 6. All writs and processes in the superior courts of the Conasauga Judicial Circuit shall be returnable to the terms of said superior courts as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law, and all terms of said courts shall be held in the same manner as though there were but one judge, it being the intent and purpose of this Act to provide two judges coequal in jurisdiction and authority to attend to and perform the functions, powers and duties of the judges of said superior courts and to direct and conduct all hearings and trials in said courts. Section 7. The two judges of the superior courts of the Conasauga Judicial Circuit of Georgia in transacting the business of said courts and in performing their duties and responsibilities, shall share, divide and allocate the work and duties to be performed by each. In the event of any disagreement between said judges in any respect hereof, the decision of the senior judge in point of service, who shall be known as the chief judge, shall be controlling. The judge of the superior courts serving at the time this Act becomes effective shall be the first senior judge and shall continue as long as he shall serve. Thereafter, the judge with the longest period of time of service shall be the senior judge. The senior judge shall have the right to appoint referees of the juvenile courts of the counties comprising said circuit; and, in the event a juvenile court is established in said county within said circuit, as provided by law, the senior judge in point of continuous service shall appoint the judge of said court as provided by law. The two judges of the superior courts of the Conasauga Judicial Circuit shall have, and they are hereby clothed with full power, authority, and discretion to determine from time to time, and term to term, the manner of calling the dockets and/or fixing the calendars and order of business in said courts. They may assign the hearing of trials by jury for a term to one of said judges, and the hearing of all other matters not requiring a trial by a jury to the other judge, and they may alternate such order of business at the next term. They may either of them

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conduct trials by jury at the same time in the same county or otherwise within said circuit, or they may both or any one of them hear chambers business and motion business at the same time at any place within said circuit. They may provide in all respects for holding the superior courts of said circuit so as to facilitate the hearing and determination of all the business of said courts at any time pending and ready for trial or hearing. In all such matters relating to the manner of fixing, arranging for, and disposing of the business of said courts, and making appointments as authorized by law where the judges thereof cannot agree or shall differ, the opinion or order of the senior judge as hereinbefore defined shall control. Section 8. The drawing and empaneling of all jurors, whether grand, petit, or special, may be by either of the judges of the superior courts of said circuit, and they, or either of them, shall have full power and authority to draw and empanel jurors for service in said courts so as to have jurors for the trial of cases before either of said judges separately, or before each of them at the same time. Juries. Section 9. The two judges of the Conasauga Judicial Circuit shall be authorized and empowered to appoint an additional court reporter for such circuit, whose compensation shall be as now or hereafter provided by law. Court reporter. Section 10. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of the Conasauga Judicial Circuit may bear teste in the name of any judge of said Conasauga Judicial Circuit, and when issued by and in the name of any judge of said circuit, shall be fully valid and may be heard and determined before the same or any other judge of said circuit. Any judge of said courts may preside over any cause therein and perform any official act as judge thereof. Section 11. Upon request of either judge, the governing authorities of the counties comprising the Conasauga Judicial Circuit are hereby authorized to furnish the judges of said court with suitable courtrooms and facilities, office space, telephone, furniture, office equipment, supplies and

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such personnel as may be considered necessary by the court to the proper function of the court. All of the expenditures authorized herein are hereby declared to be an expense of court and payable out of the county treasury as such. Courtroom. Section 12. Nothing herein enumerated shall be deemed to limit or restrict the inherent powers, duties, and responsibilities of superior court judges provided by the Constitution and statutes of the State of Georgia. Section 13. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 14. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 20, 1974. REAL ESTATE BROKERS AND SALESMENQUALIFICATIONS CHANGED. Code 84-1411 Amended. No. 860 (House Bill No. 1309). An Act to amend Code Chapter 84-14, relating to real estate brokers and salesmen, so as to provide that real estate salesmen shall furnish evidence of completion of twenty-four in-class hours in a course of study approved by the Commission or, in lieu thereof, a correspondence course approved by the Commission, or furnish a certificate that he has successfully completed at least fifteen credit hours in subjects related to real estate at an accredited college or university prior to standing the examination for a license as a real estate salesman; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. Code Chapter 84-14, relating to real estate brokers and salesmen, is hereby amended by striking Code section 84-1411 in its entirety and inserting in lieu thereof a new Code section 84-1411, to read as follows: 84-1411. Qualifications. (a) 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. Code 84-1411 amended. (b) 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 inclass 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. Each applicant for a salesman's license shall (1) furnish evidence of completion of twenty-four 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) furnish a certificate that he has successfully completed at least five credit hours in subjects related to real estate at an accredited university or college prior to standing a real estate examination. 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

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material deemed of assistance in the conduct of their business. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974. FIREMEN'S PENSION FUND ACT AMENDEDPOWERS OF BOARD OF TRUSTEES CHANGED, ETC. No. 861 (House Bill No. 1514). An Act to amend an Act providing revenue and a source of revenue for the purpose of 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 April 5, 1961 (Ga. L. 1961, p. 417), so as to redefine the term volunteer firemen; to change the powers of the Board of Trustees of said 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 the purpose of 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 April 5, 1961 (Ga. L. 1961, p. 417), is hereby amended by striking subparagraph (2) of section 1 in its entirety, and substituting in lieu thereof the following: (2) Volunteer Firemen All individuals appointed and regularly enrolled in any volunteer fire department or partpaid and part-volunteer fire department of the State of Georgia or any political subdivision or municipality thereof, or a paid, part-paid or volunteer fire department that is

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financed by public subscription (not privately owned) which holds drills and meetings of not less than eight (8) hours monthly, and which owns fire apparatus and equipment of the value of five thousand dollars ($5,000.00), or more, and which is recognized by the Southeastern Underwriters Association as not less than a class `8' department, and who attend, during each year of creditable service, a prescribed percentage of all drills, meetings and fires as prescribed by the Board of Trustees. The Board of Trustees is hereby authorized and empowered to prescribe the annual percentage of attendance at drills, meetings and fires necessary for volunteer firemen to receive credit for service toward retirement benefits, but in no case shall the percentage be set at less than fifty (50) per cent of all drills, meetings and fires in any calendar year. Section 2. Said Act is further amended by striking section 5C in its entirety, and substituting in lieu thereof a new section 5C to read as follows: (5C) Notwithstanding any provision to the contrary contained in this Act, the Board of Trustees of said Fund is hereby authorized and empowered to pass upon and determine the eligibility for membership in, and retirement under the provisions of, the Fund of any volunteer fireman who, for cause beyond his control, is or was unable to attend, during any calendar year or years, the prescribed annual percentage of all drills, meetings and fires, as prescribed by the Board of Trustees pursuant to Section 1 of this Act. Powers. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974.

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REAL ESTATE BROKERS AND SALESMENACT AMENDED. Code Chapter 84-14 Amended. No. 862 (House Bill No. 1706). An Act to amend Code Chapter 84-14, relating to real estate brokers and salesmen, so as to delete business opportunities from the purview of the Chapter; to limit the number of real estate broker's or salesmen's examinations that can be taken in a twelve-month period; to delete the requirement that pocket cards be issued annually; to require that real estate brokers keep and produce, upon reasonable request of the Commission or its agents, certain documents; to further delineate unfair practices under the Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 84-14, relating to real estate salesmen and brokers, is hereby amended by striking the words business opportunity where they appear between the words include and condominiums in subsection (a) of Code section 84-1401, so that subsection (a), when so amended, shall read as follows: (a) `Real estate' shall mean and include condominiums and leaseholds, as well as any 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. Code 84-1401 amended. Section 2. Said Code Chapter is further amended by inserting the words provided that no person shall be allowed to take any examination more than twice in any twelvemonth

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period between the words examination and Prior where they appear in subsection (a) of Code section 84-1412, so that when so amended subsection (a) shall read as follows: (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 twelve-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; provided that no person shall be allowed to take any examination more than twice in any twelve-month period. 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. Code 84-1412 amended. Section 3. Said Code Chapter is further amended by deleting the word annually where it appears between the words shall and prepare in Code section 84-1417, so that when so amended said Code section shall read as follows: 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

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brokers and salesmen in his place of business. The Commission shall 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. Code 84-1417 amended. Section 4. Said Code Chapter is further amended by adding two new paragraphs at the end of Code section 84-1421, to be designated paragraphs (27) and (28), to read as follows: (27) Failing to keep for a period of three years a true and correct copy of all sales contracts, closing statements and other documents relating to real estate closings, or failing to produce documents at the reasonable request of the Commission or any of its agents for their inspection. Code 84-1421 amended. (28) Being or becoming a party to any falsification of any portion of any contract or other document involved in any real estate transaction. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974.

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REAL ESTATE BROKERS AND SALESMENCERTAIN QUALIFICATIONS REQUIRED. Code 84-1414 Amended. No. 863 (House Bill No. 1707). An Act to amend Code Chapter 84-14, relating to real estate brokers and salesmen, so as to provide for the qualifications of the members and officers of all partnerships and corporations involved in the real estate brokerage business; 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 84-14, relating to real estate brokers and salesmen, is hereby amended by striking Code section 84-1414 in its entirety and inserting in lieu thereof a new Code section 84-1414, to read as follows: 84-1414. On and after July 1, 1975, no 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 unless every member or officer of said partnership or corporation who actively participates in the real estate brokerage business and who takes an active part in the management of such partnership or corporation shall have 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 real estate salesman. Code 84-1414 amended. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974.

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COURTSPRESERVATION OF OFFICIAL ADVERTISEMENTS PROVIDED. Code Title 24 Amended. No. 887 (House Bill No. 70). An Act to amend Code Title 24, relating to courts, as amended, so as to change certain provisions requiring ordinaries, clerks of the superior courts, and sheriffs of each county to procure and preserve certain newspapers in which advertisements appears; 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 24, relating to courts, as amended, is hereby amended by striking paragraph 9 of Code section 24-1804, relating to the duties of the clerk of ordinary or the ordinary acting as such, as amended, in its entirety and inserting in lieu thereof a new paragraph 9, to read as follows: 9. To procure and preserve, for public inspection, a complete file of all newspaper issues in which their advertisements actually appear. The issues of such newspapers so preserved shall be bound, microfilmed, photostated or photographed, and such newspapers, microfilm, photographs or photostatic copies shall be maintained within the county courthouse for a period of not less than 50 years, after which time such newspapers, microfilm, photographs or other photostatic copies may be donated to a library or historical society, with the concurrence of the Director of the Department of Archives and History, in the discretion of the ordinary. The ordinary is hereby authorized to enter into an agreement with either the clerk of the superior court or the sheriff of the county, or both, relative to the binding, retention, microfilming, photographing or photostating of such newspapers and their preservation and retention, in which event it shall be necessary that only one set of newspapers, or copies thereof, shall be retained in

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the county courthouse. Such set of newspapers, or copies thereof, shall include copies of the newspaper issues in which the ordinary's advertisements appear and the newspaper issues in which the advertisements which the clerk of the superior court or sheriff, or both, are required to preserve and retain appear. Such agreement shall specify the person who shall maintain and preserve such newspapers, microfilm, photographs or photostatic copies. Code 24-1804 amended. Section 2. Said Code Title is further amended by striking paragraph 11 of Code section 24-2715, relating to additional duties of clerks of superior courts, as amended, in its entirety and inserting in lieu thereof a new paragraph 11, to read as follows: 11. To procure and preserve, for public inspection, a complete file of all newspaper issues in which their advertisements actually appear. The issues of such newspapers so preserved shall be bound, microfilmed, photostated or photographed, and such newspapers, microfilm, photographs or photostatic copies shall be maintained within the county courthouse for a period of not less than 50 years, after which time such newspapers, microfilm, photographs or other photostatic copies may be destroyed, at the discretion of the clerk of the superior court. The clerk of the superior court is hereby authorized to enter into an agreement with either the ordinary or the sheriff of the county, or both, relative to the binding, retention, microfilming, photographing or photostating of such newspapers and their preservation and retention, in which event it shall be necessary that only one set of newspapers, or copies thereof, shall be retained in the county courthouse. Such set of newspapers, or copies thereof, shall include copies of the newspaper issues in which the clerk's advertisements appear and the newspaper issues in which the advertisements which the ordinary or sheriff, or both, are required to preserve and retain appear. Such agreement shall specify the person who shall maintain and preserve such newspapers, microfilm, photographs or photostatic copies. Code 24-2715 amended. Section 3. Code section 24-2813, relating to duties of

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sheriffs, is hereby amended by adding at the end of paragraph 3 of said section the following: The sheriff of each county is hereby authorized to enter into agreements with the ordinary or the clerk of the superior court of the county, or both, relative to the retention of newspapers, or copies thereof., so that when so amended, paragraph 3 of Code section 24-2813 shall read as follows: 3. To publish sales, citations, and other proceedings as required by law, and to keep a file of all newspapers in which their official advertisements appear, in the manner required of clerks of the superior courts. The sheriff of each county is hereby authorized to enter into agreements with the ordinary or the clerk of the superior court of the county, or both, relative to the retention of newspapers, or copies thereof. Code 24-2813 amended. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974. CRIMINAL LAWUNLAWFUL TO POSSESS CERTAIN KNIVES DURING COMMISSION OF A FELONY. No. 888 (House Bill No. 93). An Act to amend an Act providing that it shall be unlawful for any person to possess a firearm during the commission or attempt to commit a felony, approved April 8, 1968 (Ga. L. 1968, p. 982), so as to provide that it shall be unlawful for any person to have on his person a knife having a blade of three or more inches during the commission or attempt to commit a felony; to define the crimes to which this Act is applicable; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. An Act providing that it shall be unlawful for any person to possess a firearm during the commission or attempt to commit a felony, approved April 8, 1968 (Ga. L. 1968, p. 982), 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. Any person who shall have on his person a firearm or a knife having a blade of three or more inches in length during the commission of, or the attempt to commit, any crime against or involving the person of another, the unlawful entry into a building or vehicle or a theft from a building or theft of a vehicle and which crime is a felony shall be guilty of a felony and, upon conviction thereof, shall be punished by confinement and labor in the penitentiary for a period of not less than one nor more than five years. Upon the second or subsequent conviction of a person under this Act, such person shall be punished by confinement and labor in the penitentiary for a period of not less than two nor more than 15 years. Notwithstanding any other provision of law to the contrary, the sentence of any person imposed for violating the provisions of this Act a second or subsequent time shall not be suspended by the court and probationary sentence imposed in lieu thereof. Knife. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974. CIVIL DEFENSE ACT AMENDEDIMMUNITY PROVISIONS EXTENDED. No. 889 (House Bill No. 257). An Act to amend an Act providing immunity from civil liability to the owners of property who gratuitously permit any civil defense agency, board or other authority of this State to utilize said property as a shelter pursuant to the Georgia Civil Defense Act of 1951, approved March

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2, 1953 (Ga. L. 1953, p. 354), so as to provide said immunity to persons furnishing shelter during an actual or practice emergency or disaster, or enemy attack; 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 immunity from civil liability to the owners of property who gratuitously permit any civil defense agency, board or other authority of this State to utilize said property as a shelter pursuant to the Georgia Civil Defense Act of 1951, approved March 2, 1953 (Ga. L. 1953, p. 354), is hereby amended by striking section 1 of said Act in its entirety and inserting in lieu thereof a new Section 1, to read as follows: Section 1. When any person, firm or corporation owning or controlling any real estate or other premises shall authorize and permit any civil defense agency, board or other authority of this State, or of any political subdivision of this State, to use such premises without charge therefor for the purpose of sheltering persons during an actual or practice emergency or disaster as contemplated by the Georgia Civil Defense Act of 1951, such person, firm, or corporation, at such times and for such periods during which said premises are so occupied and actually employed for purpose of civil defense, shall be clothed with the sovereign immunity of the State; and no civil action shall be brought or maintained against any such person, firm, or corporation to recover damages for personal injuries or death of any person while on said premises during an actual or practice emergency or disaster, or enemy attack, or for the loss or destruction of personal property brought upon said premises by any person seeking shelter thereon during an actual or practice emergency or disaster. Immunity. Section 2. This Act shall become effective upon its approval

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by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974. JURIESCOMPENSATION OF COMMISSIONERS INCREASED, ETC. Code 59-105 Amended. No. 890 (House Bill No. 314). An Act to amend Code section 59-105, relating to the compensation of jury commissioners and their clerk, so as to increase said compensation; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 59-105, relating to the compensation of jury commissioners and their clerk, is hereby amended by striking therefrom the following: $3 and $10 and substituting in lieu thereof the following: $5 and $25, respectively, so that when so amended said Code section shall read as follows: 59-105. Same; compensation of commissioners and clerk for revising jury lists. Jury commissioners shall receive $5 each day for every day's service in revising the jury lists, to be paid from the county treasury. The clerk of the board shall receive $5 for each day's service, to be

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paid in like manner. The grand juries of the respective counties shall have the right to provide for additional compensation for said commissioners and clerk not to exceed $25 for each day's service. Salary. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974. JUVENILE COURTSPROVISION MADE FOR PARENTS TO VOLUNTARILY CONSENT TO ADOPTION OF THEIR CHILD. Code 24A-3201 Amended. No. 891 (House Bill No. 506). An Act to provide that the parent(s) may voluntarily consent to the adoption of their child; to amend Code Section 24A-3201 of the Juvenile Court Code, relating to the termination of parental rights, to provide that acknowledgment by the court is not necessary if the parent voluntarily consents to adoption of the child; 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. Paragraph (3) of subsection (a) of Code section 24A-3201 of the Juvenile Court Code, relating to the termination of parental rights, is hereby amended by adding a new clause at the end, to read as follows: Provided, however, that acknowledgment before the court is not necessary where the parent(s) voluntarily consents to the adoption of the child or has surrendered the child to a licensed child-placing agency as provided by section 3 of the adoption laws, approved March 27, 1941 (Ga. L. 1941, p. 300, 301). Code 24A-3201 amended.

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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 March 21, 1974. INTERSTATE AGREEMENT ON DETAINERS ACT AMENDED. No. 892 (House Bill No. 569). An Act to amend an Act making Georgia a party to the Interstate Agreement on Detainers, approved April 3, 1972 (Ga. L. 1972, p. 938), so as to change the word unlawful to the word lawful in section 5 of said Act so as to clarify the meaning of said Section; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act making Georgia a party to the Interstate Agreement on Detainers, approved April 3, 1972 (Ga. L. 1972, p. 938), is hereby amended by striking from section

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5 the word unlawful and inserting in lieu thereof the word lawful, so that when so amended section 5 shall read as follows: Section 5. It shall be lawful and mandatory upon the warden or other official in charge of a penal or correctional institution in this State to give over the person of any inmate thereof whenever so required by the operation of the Agreement on Detainers. 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 21, 1974. STONE MOUNTAIN JUDICIAL CIRCUITSUPPLEMENT TO JUDGES PROVIDED. No. 893 (House Bill No. 583). An Act to provide for a supplement to the compensation, expenses and allowances of the judges of the superior court of the Stone Mountain Judicial Circuit; to repeal an Act relating to the supplement to the compensation of the judges of the superior court of the Stone Mountain Judicial Circuit, approved February 25, 1949 (Ga. L. 1949, p. 1938), as amended; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In addition to the compensation, salary, expenses and allowances presently being received by the judges of the superior court of the Stone Mountain Judicial Circuit from the State of Georgia, or any other source, the judges of the superior court of said circuit shall receive a

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supplement to such compensation from the funds of DeKalb and Rockdale Counties in the amount of $6,000.00 per annum for each such judge. Said supplementary salary shall be paid in equal monthly installments. The division of payment among the two counties shall be pro rata based upon their respective population as shown in the 1970 United States Decennial Census or any future such census. Supplement. Section 2. An Act providing for a supplement to the compensation of the judges of the superior court of the Stone Mountain Judicial Circuit, approved February 25, 1949 (Ga. L. 1949, p. 1938), as amended, particularly by an Act approved March 30, 1965 (Ga. L. 1965, p. 374), is hereby repealed in its entirety. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974. DEALERS IN USED MOTOR VEHICLE PARTS REGISTRATION ACT AMENDEDSALES TAX NUMBER CERTIFICATE REQUIRED. No. 894 (House Bill No. 632). An Act to amend an Act known as The Dealers in Used Motor Vehicle Parts Registration Act, approved March 14, 1966 (Ga. L. 1966, p. 471), as amended by an Act approved March 9, 1972 (Ga. L. 1972, p. 177), so as to provide that each application for a license shall show that the used parts dealer has obtained, or has applied for, a Sales Tax Number Certificate; to provide that the Board shall not renew any license unless the applicant or holder thereof shall show that he maintains a Sales Tax Number Certificate; to provide for the renewal of licenses between

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January 1 and March 31 following the date of expiration without penalty; to provide for increased fees for the renewal of licenses submitted after March 31 following the date of expiration; to provide that every licensee shall maintain certain records for three years and have them available for inspection at all times; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as The Dealers in Used Motor Vehicle Parts Registration Act, approved March 14, 1966 (Ga. L. 1966, p. 471), as amended by an Act approved March 9, 1972 (Ga. L. 1972, p. 177), is hereby amended by adding a new subsection at the end of section 9, to be designated subsection (f), to read as follows: (f) Each application for a license shall also show that the used parts dealer has obtained, or has applied for, a Certificate of Registration, State Revenue Department Form ST-2, commonly known as a Sales Tax Number Certificate. The Board shall not renew any license unless the applicant or holder thereof shall show that he maintains a Certificate of Registration, State Revenue Form ST-2, under the provisions of the laws of the State providing for issuance of such certificates. Certificate. Section 2. 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. Granting licenses. Expiration and renewal. (a) All licenses issued under the provisions of this Act shall expire on December 31 of the calendar year in which issued and shall become invalid on that date, but renewal of such license may be made between January 1 and March 31 following the date of expiration by the payment of twenty-five dollars ($25.00) for each principal place of business and twenty-five dollars ($25.00) for each supplemental license for each used parts location not immediately adjacent to the principal place of business.

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(b) Failure to apply for renewal of a license as a used parts dealer and to remit the renewal fee by March 31 following the date of expiration shall not withdraw the right of renewal, but the renewal fee, if submitted after March 31 following the date of expiration, shall be seventy-five dollars ($75.00) for each principal place of business and seventy-five dollars ($75.00) for each supplemental license for each used parts location not immediately adjacent to the principal place of business. Section 3. Said Act is further amended by striking section 15 in its entirety and inserting in lieu thereof a new section 15, to read as follows: Section 15. Licensee's records. (a) Every licensee shall maintain for three years, and have available at all times for inspection, a record of: (1) Every vehicle, vehicle body, chassis or engine of or for a vehicle received or acquired by him, its description and any identifying numbers, the date of its receipt or acquisition, and the full name, address and driver's license number or social security number, of the person from whom received or acquired, provided however that in the event such purchase or acquisition is from a used parts dealer, used motor vehicle dismantler, salvage yard operator, or established place of business, the name and address of the corporation or company shall be sufficient provided the seller is registered under the provisions of this Act. (2) Every vehicle, vehicle body, chassis or engine disposed of by him, its description and any identifying numbers, the date of its receipt or acquisition, and the full name, address and driver's license number or social security number, of the person to whom disposed, provided, however, that in the event such disposal is to a used parts dealer, used motor vehicle dismantler, salvage yard operator, or established place of business, the name and address of the corporation or company shall be sufficient provided the purchaser or acquirer is registered under the provisions of this Act.

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(3) Every vehicle wrecked or dismantled by him, and the date of its wrecking or dismantling. (b) Every licensee shall make reports in such form and containing such information as the Board may by rule or regulation require. (c) The possession of motor vehicle or parts covered by this Act shall be prima facie evidence that they were purchased for the purpose of resale. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974. CLAIMS ADVISORY BOARD ACT AMENDED. No. 895 (House Bill No. 644). An Act to amend an Act creating the Claims Advisory Board, approved April 12, 1963 (Ga. L. 1963, p. 624), as amended by an Act approved April 12, 1965 (Ga. L. 1965, p. 653), an Act approved April 12, 1965 (Ga. L. 1965, p. 655), and an Act approved April 25, 1969 (Ga. L. 1969, p. 824), so as to change the provisions relating to the time when a resolution may be introduced and recommendations made thereon by 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 Claims Advisory Board, approved April 12, 1963 (Ga. L. 1963, p. 624), as amended by an Act approved April 12, 1965 (Ga. L. 1965, p. 653), an Act approved April 12, 1965 (Ga. L. 1965, p. 655), and an Act approved April 25, 1969 (Ga. L. 1969, p. 824), is hereby amended by striking from section 2 the following: No such resolution may be introduced later than 15

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days prior to adjournment of the General Assembly., and inserting in lieu thereof the following: No such resolution shall be introduced after the 25th day of any regular session., so that when so amended, section 2 shall read as follows: Section 2. Any resolution relative to a claim against the State or any of its departments or agencies must be introduced in the House of Representatives. No such resolution may be introduced unless a notice of claim has been filed with the Board on or before the 15th day of November immediately preceding the introduction of such resolution, if the event giving rise to a claim against the State occurred on or before the 5th day of November. If said event occurred subsequent to the 5th day of November, immediately preceding the introduction of such resolution, a notice of claim shall be filed as herein provided, within 10 days after the occurrence of said event. No such resolution shall be introduced after the 25th day of any regular session. The Board shall provide forms to be used in filing a notice of claim and shall make them available for such purpose. When such notice is filed, the Board shall inform the person filing such notice, in writing, the information it will require in order to take action on such claim. Such information may include accident reports, affidavits, statements, bills, receipts, letters, documents, and any other supporting material or data deemed necessary by the Board. All such information must be filed with the Board prior to the introduction of the resolution. Section 2. Said Act is further amended by striking from section 5 the following: The Board shall make no recommendations during the last ten days of any regular session of the General Assembly., and inserting in lieu thereof the following: The Board shall make no recommendations after the 30th day of any regular session.,

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so that when so amended, section 5 shall read as follows: Section 5. No such resolution shall be passed without being presented to the Board, and the Board is hereby prohibited from considering any resolution unless notice of claim is filed within the time provided for hereinbefore, and unless the resolution is introduced within the time limitations specified hereinbefore, and unless the information required by the Board is filed within the time limitations specified hereinbefore. The Board shall make no recommendations after the 30th day of any regular session. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974. MOTOR VEHICLESPROVISIONS MADE FOR REPLACEMENT LICENSE PLATE OR REVALIDATION STICKER. Code 68-214 Amended. No. 896 (House Bill No. 891). An Act to amend Code section 68-214, relating to the registration and licensing of motor vehicles, as amended, particularly by an Act approved April 8, 1969 (Ga. L. 1969, p. 266), so as to provide that a replacement license plate or revalidation sticker, rather than a duplicate license plate or revalidation sticker, will be issued when the original has been lost, defaced, or destroyed; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 68-214, relating to the registration and licensing of motor vehicles, as amended, particularly by an Act approved April 8, 1969 (Ga. L. 1969, p. 266), is

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hereby amended by striking from paragraph (f) the word duplicate, wherever it shall appear, and inserting in lieu thereof the word replacement. Section 2. This Act shall become effective on approval of this Act by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974. MORTGAGESPROVISIONS FOR FORECLOSURE OF MORTGAGES ON PERSONALTY CHANGED. Code Title 67 Amended. No. 898 (House Bill No. 1032). An Act to amend Code Title 67, relating to mortgages, conveyances to secure debt, and lien, as amended, so as to change the provisions relating to foreclosure of mortgages on personalty; to provide that certain persons holding security interest on personal property shall be authorized to foreclose the same and shall be entitled to an execution commanding the sale of the secured property; to provide for the practices and procedures in connection therewith; to provide for costs; to provide for applications for foreclosure decrees; to provide for the service of summons; to provide for answers; to provide for trials; to provide for certain payments into the registry of certain courts; to provide that the debtor may retain possession of the property in certain cases; to provide for payments from the registry of the court; to provide that defendants shall not transfer, convey, remove, conceal or hide certain secured property or goods without posting bond; to provide for judgments by default; to provide for judgments and their satisfaction; to provide for appeals; to provide for executions and levies; to provide for bonds; to repeal

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Code Chapter 67-8, relating to defenses to foreclosure of mortgages on personalty; 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: Section 1. Code Title 67, relating to mortgages, conveyances to secure debt, and liens, is hereby amended by striking Code Chapter 67-7, relating to the manner of foreclosure of mortgages on personalty in its entirety and inserting in lieu thereof a new Code Chapter 67-7 to read as follows: Chapter 67-7. Foreclosure of Mortgages on Personalty; Application to Foreclosure. 67-701. Authority to Foreclose; Execution; Sale. Any person holding a security interest on personal property under a transaction governed by this Code and wishing to foreclose the same shall be authorized to foreclose the same and shall be entitled to an execution directed to all and singular the sheriffs, marshals or their lawful deputies commanding the sale of the secured property to satisfy the amount due from the debtor, together with the costs of the proceedings to foreclose the said security interest in accordance with the procedure specified in this Chapter. 67-702. Petition for Writ of Possession. Upon statement of the facts under oath, any person holding a security interest on personal property and wishing to foreclose the same may petition, either in person or by his agent or attorney in fact or at law, for a writ of possession before any judge of the superior court, or any justice of the peace, or any judge of any other court having jurisdiction over such proceedings, or any clerk of any such court within the county where the debtor may reside or where the secured property may be found. If a waiver as authorized in Section 67-708 of this Act is alleged, a copy of the said waiver shall be attached to the petition. If such a waiver is alleged and attached, the subsequent

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sections of this Act notwithstanding, the court may dispense with such rights and procedures as have been waived; and if all rights under sections 67-703, -704, -705, and -706 have been waived, the court may immediately grant a writ of possession in accordance with Section 67-708. 67-703. Summons to Be Served on Defendant. When the petition provided for in Section 67-702 shall be made, the judge, justice or clerk before whom it was made shall grant and issue a summons to the sheriff, or his deputy or marshal, or any lawful constable of the county where the debtor resides or the secured property may be found. Service shall be made by said officer delivering a copy of the summons attached to a copy of the petition to the defendant personally, or if said officer is unable to serve the defendant personally service may be had by delivering said summons and petition to any person sui juris residing on the premises or, after reasonable effort if no such person is found residing on the premises, by tacking a copy of said summons and petition on the door of the premises and on the same day of such tacking, enclosing, directing, stamping and mailing by first class mail a copy of said summons and petition to the defendant at his last known address, if any, and making an entry of this action on the petition filed in said case. It shall be the obligation of the debtor to advise the secured creditor of any change of his address subsequent to the date of the granting of the security interest. The summons served on the defendant pursuant hereto shall command and require the defendant to appear at a hearing on a day certain fixed by such judge, justice or clerk not less than seven days from the date the summons was served. 67-704. Answer and Trial. At or before the time of hearing, the defendant may answer in writing. Also, the defendant may answer orally at the time of the hearing. If the answer is oral, the substance thereof shall be endorsed by the court on the petition. The answer may contain any legal or equitable defense or counterclaim. If the defendant fails to answer, the court shall grant a writ of possession and, if otherwise permitted by this Chapter, the plaintiff shall be entitled to a verdict and judgment by default for

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all of the amount due, together with costs, in open court or chambers, as if every item and paragraph of the affidavit provided for in section 67-702 were supported by proper evidence without the intervention of a jury. If the defendant answers, a trial of any issue requiring trial shall be had in accordance with the procedure prescribed for civil actions in courts of record. The trial shall not be held before seven days have elapsed from the date of the hearing. Every effort shall be made by the trial court to expedite a trial of the issues. The defendant shall be allowed to remain in possession of the secured property pending the final outcome of the litigation, provided that the defendant complies with the provisions of section 67-705. 67-705. Payment into Court; Debtor to Retain Possession of Property. In any case, the defendant shall comply with the following provisions: (a) Where the issue of whether or not the plaintiff has the right to foreclose cannot be finally determined at the hearing scheduled pursuant to section 67-703, the defendant shall be required to pay into the registry of the trial court: (1) all past due amounts admitted due for which there are no allegations of defenses or claims which, if proven, would offset said amounts alleged past due; and (2) all amounts of unaccelerated payments which become due after the issuance of the summons as said amounts of payments become due; provided, however, that in lieu of such payments the defendant shall be allowed to submit a receipt to the court indicating that payment has been made to the secured creditor. In the event that the amount of the payments actually to become due is in controversy, the court shall determine the amount to be paid into the court in the same manner as provided in subsection (b) of this section. (b) If the plaintiff and defendant disagree as to the amounts actually to become due, the court shall determine said amounts to the hearing scheduled pursuant to section

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67-703. At such hearing the parties may submit to the court any evidence of the amounts actually to become due, including any security agreement and evidence of any claims or defenses arising out of the same transaction, for the purpose of establishing the actual amount of the payments to be paid into the registry of the court. (c) After the date of service of the summons as provided in section 67-703, the defendant shall not transfer, remove or convey the secured property without posting bond as provided in section 67-709. (d) If the defendant shall fail to comply with any provisions of section 67-705 to the detriment of plaintiff, the court shall issue a writ of possession. Issuance of said writ of possession shall not affect the merits of said case but shall only affect the right to possession pending a final decision on the merits. (e) The court shall order the clerk of the court to pay to the plaintiff the amounts paid into the registry of the court as the said payments are made; provided, however, that if the defendant claims that he is entitled to all or a part of said fund and such claim is an issue of controversy in the litigation, the court shall order the clerk to pay to the plaintiff, without delay, only that portion of the funds to which the defendant has made no claim in the proceedings. That part of the fund which is a matter of controversy in the litigation shall remain in the registry of the court until a final determination of the issues. 67-706. Appeals. Any judgment by the court shall be appealable pursuant to Code Title 6 or any other applicable law. If the judgment of the court awards possession of the secured property to the plaintiff and the defendant appeals this judgment, the defendant shall remain in possession of the secured property, provided that the defendant shall comply with all provisions of section 67-705 until the issue has been finally determined on appeal. 67-707. Execution and Levy. Whenever a writ of possession is granted pursuant to a petition filed in accordance

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with section 67-702, a levy may be made on the secured property by the sheriff, deputy, marshal, constable or a duly qualified levying officer of the court pursuant to such writ of possession. At the option of the plaintiff, the sheriff, deputy, marshal, constable or a duly qualified levying officer of the court shall either surrender the secured property to the plaintiff for retention or disposition in accordance with Article 9 (`Uniform Commercial CodeSecured Transactions') of Title 109A of the Code of Georgia or advertise and sell the same as in the case of levy and sale under execution. 67-708. Nothing in this Act shall be construed to prohibit a knowing and intelligent waiver by the defendant of his rights under sections 67-703, -704, -705 and -706 of this Act, provided that the security interest at issue arose out of a commercial claim and not out of a consumer transaction. `Commercial claim', as used herein, means a claim which arises from an obligation to pay for goods sold or leased, services rendered, or monies loaned, for use in the conduct of a business or profession, and not for personal consumption. `Consumer transaction', as used herein, means the sale, lease, or rental of goods, services or property, real or personal, primarily for personal, family or household purposes. `Waiver', as used herein, means a written statement separately signed by the defendant which contains language clearly and unambiguously waiving some or all of his rights under sections 67-703, -704, -705 and -706 of this Act. 67-709. Bond. In all cases where the defendant may desire to transfer, remove or convey any of the secured property after service of summons and after having an opportunity to be heard, the defendant shall post bond for the delivery of such property at the time and place of sale. Such bond shall be with good security for a sum equal to the value of such property or the amount of the alleged remaining balance, whichever is less. The value of such

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property shall be estimated by the judge, justice or clerk. Upon approval of such bond by the judge, justice or clerk, the defendant may transfer, remove or convey such property as may be approved by the judge, justice or clerk. Section 2. Said Code Title 67 is further amended by striking Code Chapter 67-8, relating to defenses of foreclosure of mortgages on personalty in its entirety. Section 3. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974. DEAD ANIMAL DISPOSAL ACT AMENDEDPROVISION MADE FOR DISPOSAL OF ANIMALS ON RIGHTS-OF-WAY. No. 899 (House Bill No. 1038). An Act to amend the Dead Animal Disposal Act, approved April 3, 1969 (Ga. L. 1969, p. 1018), so as to provide that the Maintenance Department of the Highway Division of

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the State Department of Transportation shall remove and dispose of the carcasses of all dead animals found within the rights-of-way of all highways within the State maintained either totally or in part from State funds; to provide for definitions; 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 adding, following section 3, a new section to be designated section 3A, to read as follows: Section 3A. Dead animals within highway rights-of-way; disposal. Any other provision of this Act to the contrary notwithstanding, it shall be the duty of the Maintenance Department of the Highway Division of the State Department of Transportation to remove and dispose of the carcasses of all dead animals found within the rights-of-way of all highways within the State maintained either totally or in part from State funds. Such carcasses or parts of carcasses shall be disposed of in a manner consistent with the provisions of this Act. As used in this Section, the term `dead animals' shall include the carcasses or parts of carcasses of all animals regardless of whether they are considered to be farm livestock, poultry, equines, domesticated animals or pets, or any other type of animal, and shall include all such animals regardless of the cause of death of such animals. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974.

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REVENUECORPORATE INCOMETHREE FACTOR RATIO CLARIFIED, ETC. Code 92-3113 Amended. No. 900 (House Bill No. 1100). An Act to amend section 92-3113 of the Code of Georgia of 1933, as amended, particularly by an Act approved February 16, 1950 (Ga. L. 1950, p. 299) relating to the allocation and apportionment of corporate income, to provide for the clarification of the Three Factor Ratio so that the payroll factor conforms to the Uniform Division of Income for Tax Purposes Act and the Multistate Tax Compact; 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 92-3113 of the Code of Georgia of 1933, as amended, particularly by an Act approved February 16, 1950 (Ga. L. 1950, p. 299), is hereby amended further by striking in its entirety subsection (4) (b) of said section and inserting in lieu thereof a new subsection (4) (b) to read as follows: Payroll Factor. The payroll factor is a fraction, the numerator of which is the total amount paid in this State during the tax period by the taxpayer for compensation, and the denominator of which is the total compensation paid everywhere during the tax period. The term compensation means wages, salaries, commissions and any other form of remuneration paid to employees for personal services. Payments made to an independent contractor or any other person not properly classified as an employee are excluded. Compensation is paid in this State if: (1) the individual's service is performed entirety within the State; or (2) the individual's service is performed both within and without the State, but the service performed without the

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State is incidental to the individual's service within the State; or (3) some of the service is performed in the State and (a) the base of operations or the place from which the service is directed or controlled is in the State, or (b) the base of operations or the place from which the service is directed or controlled is not in any state in which some part of the service is performed, but the individual's residence is in this State. Section 2. The provisions of this Act shall become effective immediately upon its approval, or its otherwise becoming law, and shall apply to all taxable years beginning on or after January 1, 1974. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974. GEORGIA RETAILERS' AND CONSUMERS' SALES AND USE TAX ACT AMENDEDDELINQUENT DEALERS REQUIRED TO FILE BOND. No. 901 (House Bill No. 1104). 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 require dealers found to be delinquent or otherwise in default under the Act to furnish a good and valid bond in a surety company authorized to do business in this State; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20,

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1951, (Ga. L. 1951, p. 360), as amended, is hereby amended by adding at the end of section 16 a new subsection to be designated subsection (g) of section 16, to provide as follows: (g) The Commissioner may require any dealer who, after notice and the opportunity for a hearing, the Commissioner finds to have been chronically delinquent or chronically in default under this Act, to execute and file with the State Revenue Commissioner a good and valid bond in a surety company authorized to do business in this State, or legal securities, in an amount not less than $1,000, or more than $10,000, as determined by the Commissioner and in such manner as the Commissioner deems proper. Board. The Commissioner may sell any security deposited with it pursuant to this Act at public auction if it is deemed necessary so to do in order to recover any tax or any amount required to be collected, plus penalty and interest due. Notice of such sale may be served upon the delinquent dealer either personally or by mail, or upon the person who deposited the security either personally or by mail. If such service is made by mail it shall be in the manner prescribed for service of notice of assessment and shall be addressed to the person at his address as it appears in the records of the Commissioner. Otherwise, notice of sale may be served personally by any duly authorized agent of the Commissioner. Section 2. This Act shall become effective on January 1, 1975. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974.

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GEORGIA RETAILERS' AND CONSUMERS' SALES AND USE TAX ACTPENALTY PROVIDED FOR DEFRAUDING STATE. No. 902 (House Bill No. 1108). An Act to amend an Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. L. 1951, p. 360), as amended, so as to provide that when any person, with wilful intent to defraud the State of any tax due under this Act, shall fail to make any return or files a false or fraudulent return, such dealer shall pay, in addition to other penalties, a specific penalty of fifty percent (50%) of the tax due; 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 striking the last sentence from section 16(c) of said Act, which reads as follows: In the case of a false or fraudulent return, where wilful intent exists to defraud the State of any tax due under this Act, a specific penalty of fifty percent (50%) of the tax bill shall be assessed., and inserting in lieu thereof the following: In the case of a false or fraudulent return or the failure to file a return, where wilful intent exists to defraud the State of any tax due under this Act, a specific penalty of fifty percent (50%) of the tax due shall be assessed. Penalty. Section 2. This Act shall become effective on April 1, 1974. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974.

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COURTSPROVISION MADE FOR CERTAIN DESTRUCTION OF COURT REPORTERS' NOTES. No. 903 (House Bill No. 1287). An Act to provide authorization in certain instances for destruction of notes taken by court reporters; to provide for a petition to the trial court authorizing such destruction; to provide for the contents of a petition; to require notice to interested parties; to provide for court orders; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Upon petition, the judge of a superior court, city court, or any other court, the judgments of which are now or hereafter subject to review by the Supreme Court or Court of Appeals, may authorize destruction of a court reporter's notes taken of the evidence and other proceedings in civil actions in that court, subject to the provisions of this Act. Section 2. The court reporter or other person in whose custody the notes are kept shall file a written petition in the court in which the trial was conducted requesting an order authorizing destruction of notes taken during the trial. The petition shall specify the name of the court reporter, the name of the person in whose custody the notes are kept if other than the court reporter, the place at which the notes are kept, and the names and addresses of the parties to the action or, if the address of a party is unknown, the name and address of counsel to that party if such is known. The petition shall certify one of the following: Petition. (a) The action is a civil action in which no notice of appeal has been filed, the court reporter has not been requested or ordered to transcribe the evidence and other proceedings, and a period of not less than thirty-seven (37) months has elapsed since the last date upon which a notice of appeal in the action could have been filed.

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(b) The action, is one in which the court reporter has been requested or ordered pursuant to law to transcribe the evidence and other proceedings, the record has been transcribed, and a period of not less than twelve (12) months has elapsed from the date upon which the remittitur from the appeal has been docketed in the trial court. Section 3. When a petition is filed pursuant to the provisions of this Act for the destruction of notes, the court shall cause due notice of the petition and the grounds therefor to be given to each party to the action or, if the address of a party is unknown, to the counsel to the party if such is known. Notice. Section 4. Not less than thirty (30) days after receipt of a petition pursuant to this Act the court shall authorize destruction of the specified notes unless such destruction, in the court's judgment, would impair the cause of justice or fairness in the action. Authorization. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974. SEDITION AND SUBVERSIVE ACTIVITIES ACT OF 1953 AMENDEDWRITTEN QUESTIONNAIRE PROVISION'S CHANGED, ETC. No. 904 (House Bill No. 1291). An Act to amend an Act known as the Sedition and Subversive Activities Act of 1953, approved February 25, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 216), as amended by an Act approved December 12, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 73), and an Act approved February 13, 1956 (Ga. L. 1956, p. 67), so as to change the provision relating to the written questionnaire; to change the penalty

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provision; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Sedition and Subversive Activities Act of 1953, approved February 25, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 216), as amended by an Act approved December 12, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 73), and an Act approved February 13, 1956 (Ga. L. 1956, p. 67), 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. Investigation to be conducted on all State employees prior to appointment. Every person and every board, commission, council, department, or other agency of the State of Georgia, or any political subdivision thereof, who, or which appoints or employs or supervises in any manner the appointment, or employment, of public officials, or employees, shall establish by rules, regulations, or otherwise, procedures designated to ascertain before any person, including teachers and other employees of any public educational institution in this State, is appointed or employed, that he, or she, as the case may be, is not a subversive person, and that there are no reasonable grounds to believe such persons are subversive persons. In the event such reasonable grounds exist, he or she, as the case may be, shall not be appointed or employed. In securing any facts necessary to ascertain the information herein required all applicants and employees shall be required to sign a written statement, or questionnaire, containing answers to such inquiries as may be material and containing the following questions: (a) full name including maiden name, names of former marriages, former names changed legally or otherwise, aliases and nicknames and the dates used; (b) address; (c) (1) Are you now or have you been within the last

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ten (10) years a member of any organization which to your knowledge at the time of membership advocates or has as one of its objectives, the overthrow of the government of the United States or of the government of the State of Georgia by force or violence. Yes..... No..... If `Yes', state the name of the organization and your past and present membership status including any offices held therein. (2) If the answer to (1) is `Yes' and the employing authority deems further inquiry necessary, you will be notified of such determination. No action adverse to your application will be taken because of an affirmative answer until after such an inquiry, with notice to you and an opportunity for you to present evidence, and only if the result of such inquiry brings your application within the prohibition within the Sedition and Subversive Activities Act of 1953. (d) (1) Have you ever been convicted, or are any charges now pending against you, by Federal, State, or other lawenforcement authorities, for any violation of any federal law, state law, county or municipal law, regulation, or ordinance? (Do not include anything that happened before your sixteenth birthday. Do not include minor traffic violations for which a fine of $35.00 or less was imposed. All other convictions must be included even if they were pardoned.) Yes..... No...... (2) If the answer to (1) is `Yes', state the reason convicted, the date convicted, the place where convicted. The written statement or questionnaire shall contain notice that it is subject to the penalties of false swearing. The Governor is authorized to make appropriate orders, rules and regulations to effectuate the purposes of sections 10, 11, 12 and 13 of this Act. Section 2. Said Act is further amended by striking section 13 in its entirety and substituting in lieu thereof, the following:

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Section 13. Penalty provided for false swearing in connection with subversive activities investigation. Every written statement made pursuant to this Act by an applicant for appointment or employment, or by any employee, who shall be deemed to have been made under oath if it contains a declaration preceding the signature of the maker to the effect that it is made under the penalties of false swearing. Any person who makes a material misstatement of fact (a) in any such written statement, or (b) in any affidavit made pursuant to the provisions of this Act, or (c) under oath in any hearing conducted by any agency of this State, or of any of its political subdivisions, pursuant to this Act, or (d) in any written statement by an applicant for appointment or employment or by an employee in any State-aid or private institution of learning in this State, intended to determine whether or not such applicant or employee is a subversive person as defined in this Act, which statement contains notice that it is subject to the penalties of false swearing, shall be subject to the penalties of false swearing as prescribed in Code section 26-2402 of the Criminal Code of Georgia. Provided, further, however, that nothing contained in the foregoing shall be construed to repeal in any way the laws of this State dealing with perjury and false swearing. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974. MOTOR VEHICLESCERTAIN MOTORIZED CARTS EXEMPT FROM REGISTRATION AND LICENSE PROVISIONS. Code 68-201 Amended, No. 905 (House Bill No. 1292). An Act to amend Code section 68-201 relating to registration and license of motor vehicles and chauffeurs, as

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amended, particularly by an Act approved April 13, 1973 (Ga. L. 1973, p. 595), and by an Act approved April 14, 1973 (Ga. L. 1973, p. 781) so as to exempt certain motorized carts from the provisions of said Code section; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 68-201, relating to registration and license of motor vehicles and chauffeurs, as amended, particularly by an Act approved April 13, 1973 (Ga. L. 1973, p. 595), and by an Act approved April 14, 1973 (Ga. L. 1973, p. 781) 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, 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

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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 percent 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 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

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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 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 21, 1974. SCHOOLSCERTAIN PROVISIONS OF AN ACT RELATING TO SALE OF TICKETS TO CERTAIN ATHLETIC CONTESTS REPEALED. No. 906 (House Bill No. 1299). An Act to amend an Act regulating the sale of admission tickets to athletic contests of the colleges in the University System of Georgia, approved March 20, 1943 (Ga. L. 1943, p. 623), so as to repeal the provisions of said Act which make the sale of such tickets in any unauthorized place or manner unlawful; 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 of the colleges in the University System of Georgia, approved March 20, 1943 (Ga. L. 1943, p. 623), is hereby amended by striking section 2 in its entirety, which reads as follows: Section 2. Be it further enacted by the authority aforesaid, that from and after the passage of this Act it shall be unlawful to sell any admission ticket to any athletic contest

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of the colleges of the University System of Georgia at any place or in any manner, except at such places and in such manner, as may be designated by the proper athletic authorities of the college issuing said ticket. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974. JURIESINVESTIGATIVE GRAND JURIES AUTHORIZED. (400,000600,000). Code Title 59-6A Enacted. No. 908 (House Bill No. 1343). An Act to amend Code Title 59, relating to juries, as amended, so as to provide for investigative grand juries in certain counties; to provide for all procedures, requirements and other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Title 59, relating to juries, as amended, is hereby amended by adding between Code Chapter 59-6 and Code Chapter 59-7 a new Code Chapter to be designated Code Chapter 59-6A and to read as follows: 59-6A Investigative Grand Juries for Certain Counties. 59-601A. Applicability and Construction. The provisions of this Code Chapter shall apply only to grand juries of counties of this State having a population of not less than 400,000 or more than 600,000 according to the United States Decennial Census of 1970 or any future such census. Except as otherwise provided by this Code Chapter, the provisions

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of law relative to grand juries shall apply to the grand juries provided for by this Code Chapter. Code 59-601A enacted. 59-602A. Investigative grand juries. (a) The Senior Judge of the Superior Court of any such county, on his own motion or on petition of any elected public official of any such county or of a municipality lying wholly or partially within any such county may request the judges of the superior court of such county to empanel an investigative grand jury for the purpose of investigating any alleged violation of the laws of this State or any other matter subject to investigation by grand juries as provided by law. Code 59-602A enacted. (b) The Senior Judge of the Superior Court of any such county shall submit the question of empaneling an investigative grand jury to the judges of the superior court of such county, and if a majority of the total number of such judges vote in favor of empaneling an investigative grand jury, then the members of such investigative grand jury shall be drawn in the manner prescribed by Code section 59-203. Any such investigative grand jury shall consist of not less than 16 nor more than 23 persons. The foreman of any such investigative grand jury shall be selected in the manner prescribed by Code section 59-208. 59-603A. Supervision; termination of investigative grand juries. (a) When an investigative grand jury is empaneled pursuant to Code section 59-602A, the Senior Judge of the Superior Court of such county shall assign a judge of the superior court of such county to supervise and assist the investigative grand jury in carrying out its investigation and duties. The judge so assigned shall charge the investigative grand jury as to its powers and duties and shall require periodic reports of the investigative grand jury's progress, as well as a final report. Code 59-603A enacted. (b) When the judge assigned to an investigative grand jury decides that the investigative grand jury's investigation has been completed or on the issuance of a report by the investigative grand jury of the matter investigated by it and reporting that the investigation has been completed, the judge so assigned shall recommend to the Senior Judge

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of the Superior Court that the investigative grand jury be dissolved. The Senior Judge shall report such recommendation to the judges of the superior court of such county and upon a majority thereof voting in favor of the dissolution of the investigative grand jury, such investigative grand jury shall stand dissolved. If a majority of such judges do not vote in favor of the dissolution of the investigative grand jury, the Senior Judge shall instruct and charge the investigative grand jury as to the particular matters the investigative grand jury shall be required to investigate further and establish a period of time within which such investigation shall be completed. At the expiration of such period of time, the investigative grand jury shall be dissolved. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974. GAME AND FISHFEESNON RESIDENTSCOMMERCIAL FISHING BOATS, ETC. No. 909 (House Bill No. 1346). 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 8, 1968 (Ga. L. 1968, p. 202), so as to change the provisions relative to additional license fees for commercial fishing boats of aliens and nonresidents; to provide for all matters relative thereto; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act 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.

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483), as amended, particularly by an Act approved March 8, 1968 (Ga. L. 1968, p. 202), is hereby amended by striking from subsection (c) of section 34 the following sentence: To defray the additional cost of regulating and policing, aliens and nonresidents shall be charged an additional license fee of $25.00 for each boat or vessel used in commercial fishing or in the taking of seafood, owned in whole or in part by such nonresident or alien. Section 2. Said Act is further amended by redesignating subsection (d) of section 34 as subsection (e) thereof and by adding a new subsection (d) to said section 34 to read as follows: (d) To defray the additional cost of regulating and policing, aliens and nonresidents shall be charged a license fee in addition to that provided by subsection (c) of this section in the amount of $25.00 for each boat or vessel used in commercial fishing or in the taking of seafood owned, in whole or in part, by such nonresident or alien; provided, however, that in the event such nonresident or alien applying for such license is a resident of another State which charges nonresidents a license fee greater than the total license fee charged for nonresidents in this State, then the additional license fee provided for herein for nonresidents shall be increased to the amount necessary to cause the Georgia nonresident licensee fee to be the same amount as the nonresident license fee of such other State. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974.

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UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS AMENDED, CERTAIN FARM TRAILERS EXEMPT FROM CERTAIN REQUIREMENTS. No. 910 (House Bill No. 1350). 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 exempt farm trailers with two or more wheels, and which do not weigh over 4,000 pounds when empty, from being equipped with an independent braking 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 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 in its entirety paragraph 3 of subsection (a) of section 115 and substituting in lieu thereof a new paragraph 3 to read as follows: 3. Every new trailer, or semi-trailer hereafter sold in this State and operated upon the highways shall be equipped with service brakes upon all wheels of every such vehicle, except any motorcycle or motor-driven cycle, and except that any semi-trailer, horse trailer or boat trailer of less than 2,500 pounds gross weight need not be equipped with brakes. Any farm trailer with two or more wheels, pulled from a tongue, used in or operated for farm purposes, including transporting fertilizer and agricultural materials to the farm, shall not be required to have an independent braking system thereon, provided said farm trailer shall not weigh over 4,000 pounds when empty. Exemption. 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 21, 1974.

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CRIMESTAMPERING WITH EVIDENCE MADE CRIME. Code Chapter 26-25 Amended. No. 911 (House Bill No. 1374). An Act to amend Code Chapter 26-25, relating to crimes involving obstruction of law enforcement, as amended, so as to provide that it shall be unlawful for any person to tamper with evidence or plant false evidence with intent to prevent the apprehension or cause the wrongful apprehension or obstruct the prosecution or defense of any person; to provide for penalties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 26-25, relating to crimes involving obstruction of law enforcement, as amended, is hereby amended by adding at the end thereof a new Code section to be designated Code section 26-2510, to read as follows: 26-2510. Tampering with Evidence. (a) A person commits the offense of tampering with evidence when, with the intent to prevent the apprehension or cause the wrongful apprehension of any person or to obstruct the prosecution or defense of any person, he knowingly destroys, alters, conceals or disguises physical evidence, or makes, devises, prepares or plants false evidence. Nothing in this section shall be deemed to abrogate or alter any privilege which any person is entitled to claim under existing laws. Code 26-2510 enacted. (b) Any person violating the provisions of this Code section shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as for a misdemeanor. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974.

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HOSPITAL AUTHORITIESAUTHORIZED TO ISSUE CERTAIN OBLIGATIONS. Code 88-1816 Amended. Act 912 (House Bill No. 1418). An Act to amend Code section 88-1816, relating to the payment of general obligations of hospital authorities, so as to authorize hospital authorities to issue obligations, other than revenue obligation certificates, having a term in excess of one 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. Code section 88-1816, relating to the payment of general obligations of hospital authorities, is hereby amended by striking said Code section in its entirety and inserting in lieu thereof a new Code section 88-1816, to read as follows: 88-1816. General obligations; payment. Obligations of authorities other than certificates shall be payable from general funds of an Authority and shall at no time be a charge against any special fund allocated to the payment of certificates except upon payment of current annual maturities and reserves hereinbefore required to be created. The maturity of any such obligations shall not extend for more than 40 years. Code 88-1816 amended. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974.

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GEORGIA ELECTRICAL CONTRACTORS ACT AMENDEDCERTAIN LICENSE EXAMINATIONS CHANGED, ETC. No. 913 (House Bill No. 1431). An Act to amend an Act known as the Georgia Electrical Contractors Act, approved April 8, 1971 (Ga. L. 1971, p. 583), so as to change the provisions relative to the issuance of licenses without examination; to provide for an extension of time relative thereto; to provide for certain advertisement; 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 Electrical Contractors Act, approved April 8, 1971 (Ga. L. 1971, p. 583), is hereby amended by striking from the last sentence of the first undesignated paragraph following paragraph (d) of Section 16 the following: for a period of six months after the effective date of this Act, and inserting in lieu thereof the following: in effect until July 1, 1974, so that when so amended, the first undesignated paragraph following paragraph (d) of section 16 shall read as follows: No license shall be issued by the Board without an examination of the applicant for the purpose of ascertaining his qualifications for such work, but no such examination shall be required for the annual renewal of such license. Provided, however, that persons who, on the effective date of this Act, possess a master's license for electrical work issued to them by any governing authority of any political subdivision in the State of Georgia and who are actively engaged in the electrical contracting business and who maintain an office for said business shall be granted a State

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license by the Board under this Act without an examination upon the payment of the fee prescribed herein. The provisions of this Section, relative to the issuance of license without an examination, shall remain in effect until July 1, 1974, after which time any person desiring to obtain a Statewide license shall be required to stand the examination prescribed by the Board and attain a passing grade. Exemption. Section 2. Said Act is further amended by adding a new paragraph at the end of section 16 to read as follows: It shall be the duty of the Joint Secretary to cause an advertisement to be published in the official organ of each county of this State for the purpose of notifying persons qualified for issuance of license without examination pursuant to this section that such persons must so qualify by not later than July 1, 1974. Advertisement. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974. FORESTRY COMMISSION AUTHORIZED TO ENTER FORESTLANDS TO DETERMINE INFESTATION, ETC. No. 914 (House Bill No. 1535). An Act to amend an Act creating the Georgia Forestry Commission, approved March 3, 1955 (Ga. L. 1955, p. 309), as amended, so as to authorize the Georgia Forestry Commission to enter upon forestlands for the purpose of determining if an infestation or infection exists in the trees; to authorize the Forestry Commission to treat such infestation or infections and to take such other control measures as they deem necessary; to provide the procedures

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connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Georgia Forestry Commission, approved March 3, 1955 (Ga. L. 1955, p. 309), as amended, is hereby amended by adding following section 16 a new section, to be known as section 16A, and to read as follows: Section 16A. The Georgia Forestry Commission shall have the authority to enter upon any land upon which the Commission believes the trees thereon are suffering from an infestation or infection for the purpose of determining whether such infestation or infection exists, the location thereof and the extent and cause thereof. If an infestation or infection is found to exist by the Commission, it shall notify the landowner of such condition and recommend a course of action by the landowner to prevent the spreading of the infestation or disease. If the landowner, within a reasonable period of time following such notification, fails to take action to prevent the spreading of the infestation or disease, then the Commission may: Authority. (1) fell and remove infested or diseased trees; (2) fell and chemically treat infested or diseased trees; (3) chemically treat standing infested or diseased trees; and (4) take such other effective control methods as the Commission deems appropriate. Section 2. Any proceeds derived from any sale of such trees shall be paid to the landowner. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974.

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EDUCATIONCOUNTY AND INDEPENDENT SCHOOL SUPERINTENDENTS REQUIRED TO FILE BONDS. Code 32-1005 Amended. No. 915 (House Bill No. 1595). An Act to amend Code section 32-1005, relating to bonds of county school superintendents, as amended by an Act approved April 13, 1973 (Ga. L. 1973, p. 577) so as to make said Code section applicable to both county and independent school superintendents; 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, as amended by an Act approved April 13, 1973 (Ga. L. 1973, p. 577) 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: 32-1005. Bond. Each county and independent system school superintendent must give bond with an approved surety company payable to the county or independent system 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 or independent system 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 March 21, 1974.

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ELECTIONSPROCEDURE FOR SELECTION OF PRESIDENTIAL PREFERENCE PRIMARY DATE PROVIDED, ETC. Code 34-1002A Amended. No. 916 (House Bill No. 1615). An Act to amend Code section 34-1002A, relating to presidential preference primary dates, so as to establish a procedure for the selection of that date upon which presidential preference primaries shall be held; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 34-1002A, relating to presidential preference primary dates, is hereby amended by striking said Code Section in its entirety and substituting a new Code section 34-1002A, to read as follows: 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 in 1976, and 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. The dates upon which such elections shall be held in each year in which a presidential election shall occur shall be fixed by the joint action of the Governor, Lieutenant Governor, Speaker of the House of Representatives, the Secretary of State, the Attorney General, the chairman of each political party, and the members of the State Election Board, such primary to be held not earlier than the first day of March and not later than the first day of June. The action of such officers to select such date shall be taken at least six (6) months prior to the date selected. Code 34-1002A amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974.

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GEORGIA COMMISSION FOR NATIONAL BICENTENNIAL CELEBRATION ACT AMENDEDCERTAIN PROCEEDSRETENTION AUTHORIZED. No. 917 (House Bill No. 1675) An Act to amend an Act reestablishing the Georgia Commission for National Bicentennial Celebration, approved April 5, 1973 (Ga. L. 1973, p. 311), so as to authorize said Commission to retain the proceeds arising from contract and leases to be used for the purposes of the Commission; to repeal conflicting laws; to provide an effective date; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the reestablishment of the Georgia Commission for a National Bicentennial Celebration, approved April 5, 1973 (Ga. L. 1973, p. 311), is hereby amended by striking section 5(f), which reads as follows: (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 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. and inserting in lieu thereof a new section 5(f) so that when so amended, said section 5(f) shall read as follows: (f) The Commission is hereby authorized and empowered to accept grants, gifts, or proceeds arising from any contracts or leases of the Commission from the federal

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government, the State government, any county, municpal 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 the Commission shall have the authority to hold, invest, reinvest and disburse such grants and gifts and the income derived from such grants and gifts in carrying out the objectives and purposes of the Commission, and shall not be required to pay such grants, gifts, proceeds or the income derived therefrom into the general fund of the State Treasury. Proceeds. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Section 3. This Act shall become effective upon its approval by the Governor or upon its otherwise becoming law without his approval. Effective date. Approved March 21, 1974. EDUCATIONMINIMUM SALARIES OF SCHOOL BUS DRIVERS CHANGED, ETC. No. 918 (House Bill No. 1687). An Act to amend an Act known as the Minimum Foundation Program of Education Act, approved January 24, 1964 (Ga. L. 1964, p. 3), as amended, particularly by an Act approved March 3, 1966 (Ga. L. 1966, p. 153) and by an Act approved April 3, 1972 (Ga. L. 1972, p. 970) so as to change the provisions relative to the minimum salaries of school bus drivers; to provide that this Act shall become effective when funds are appropriated therefor; 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.

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L. 1964, p. 3), as amended, particularly by an Act approved March 3, 1966 (Ga. L. 1966, p. 153) and by an Act approved April 3, 1972 (Ga. L. 1972, p. 970) is hereby amended by striking from subsection (b) of section 18 the figure, $125 and inserting in lieu thereof the figure, $200.00, so that when so amended subsection (b) of section 18 shall read as follows: (b) The State Board shall establish a schedule of uniform minimum salaries that shall be paid by local units to drivers of school buses, regardless of type of ownership, which shall be not less than $200.00 per month for 12 months. The minimum salary schedule shall not apply to drivers of cars and other vehicles not designated as school buses. County or area school systems shall not pay to any bus driver in its employment a salary less than that prescribed by the uniform minimum salary schedule, but shall have the authority to supplement the salary of a bus driver employed by the county or area school system. The expense of purchasing, maintaining and operating such buses, regardless of type of ownership, shall not be considered in establishing the schedule of uniform minimum salaries for school bus drivers. The schedule of uniform minimum salaries for school bus drivers. The schedule of uniform minimum salaries shall be used as a standard cost item for the purpose of calculating the expense of pupil transportation under subparagraph (a) of this section. This Section shall not apply to student or teacher drivers. Salaries. Section 2. This Act shall not become effective until funds are appropriated therefor by the General Assembly. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974.

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UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS AMENDEDCERTAIN TIRE COVERS REQUIRED ON CERTAIN VEHICLES, ETC. No. 922 (Senate Bill No. 11) An Act to amend an Act entitled Uniform Act Regulating Traffic on Highways, approved January 11, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 556), as amended, particularly by an Act approved March 17, 1960 (Ga. L. 1960, p. 950), an Act approved April 3, 1963 (Ga. L. 1963, p. 333), an Act approved March 12, 1965 (Ga. L. 1965, p. 188), an Act approved March 31, 1965 (Ga. L. 1965, p. 406), and an Act approved March 20, 1970 (Ga. L. 1970, p. 438), so as to require metal protectors or substantial flexible flaps on the rearmost wheels of certain motor vehicles except under certain circumstances; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled Uniform Act Regulating Traffic on Highways, approved January 11, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 556), as amended, particularly by an Act approved March 17, 1960 (Ga. L. 1960, p. 950), an Act approved April 3, 1963 (Ga. L. 1963, p. 333), an Act approved March 12, 1965 (Ga. L. 1965, p. 188), an Act approved March 31, 1965 (Ga. L. 1965, p. 406), and an Act approved March 20, 1970 (Ga. L. 1970, p. 438), is hereby amended by adding immediately following paragraph (14) of subsection (a) of section 126 a new paragraph to be designated paragraph (15) and to read as follows: (15) Tire covers. Every bus, truck, full trailer, semitrailer and pole trailer (with the exception of local haul pulpwood trucks) shall be equipped with suitable metal protectors or substantial flexible flaps on the rearmost wheels to prevent, as far as practicable, such wheels from throwing dirt, gravel, rocks, water or other materials on the windshields of following vehicles. Such protectors or flaps shall have a ground clearance of not more than one-half of the distance from the center of the rearmost axle

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to the center of the protector or flap under any conditions of loading of the vehicle and shall be at least as wide as the tires they are covering; provided, however, that if any such bus, truck, full trailer, semitrailer or pole trailer is so designed and constructed that the foregoing requirements are accomplished by means of fenders, body construction or other enclosures, then the protectors or flaps provided for herein shall not be required. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974. CRIMESCRIMINAL USE OF ARTICLE WITH ALTERED IDENTIFICATION MARK MADE CRIME. Code 26-1506 enacted. No. 923 (Senate Bill No. 23). An Act to amend Code Chapter 26-15, relating to criminal damage to property, as amended, so as to provide for the crime of criminal use of an article with an altered identification mark; to provide for a punishment for said crime; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 26-15, relating to criminal damage to property, as amended, is hereby amended by adding at the end of said Code Chapter a new Code section, to be designated Code Section 26-1506, to read as follows: 26-1506. Criminal use of an article with an altered identification mark. (a) A person commits criminal use of an article with an altered identification mark when he buys, sells, receives, disposes of, conceals, or has in his possession a radio, piano, phonograph, sewing machine, washing machine, typewriter, adding machine, comptometer,

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bicycle, firearm, safe, vacuum cleaner, dictaphone, watch, watch movement, watch case, or any other mechanical or electrical device, appliance, contrivance, material, piece of apparatus or equipment, other than a motor vehicle as defined in the `Uniform Act Regulating Traffic On Highway', approved January 11, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 556), as amended, from which he knows the manufacturer's name plate, serial number, or any other distinguishing number or identification mark has been removed for the purpose of concealing or destroying the identity of such article. A person convicted of criminal use of an article with an altered identification mark shall be punished by confinement in the penitentiary for not less than one nor more than five years. Code 26-1506 enacted. (b) This section does not apply to those cases or instances where any of the changes or alterations enumerated in subsection (a) have been customarily made or done as an established practice in the ordinary and regular conduct of business, by the original manufacturer, or by his duly appointed direct representative, or under specific authorization from the original manufacturer. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974. COUNTIESCERTAIN COUNTY MANAGERS AUTHORIZED. (400,000 or less) No. 924 (Senate Bill No. 102). An Act to provide that the General Assembly or the board of commissioners of any county of the State may create within certain counties the office of county manager; to provide for the powers, duties and responsibilities of such office; to provide for other related matters relative to said

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office; to provide exceptions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The board of commissioners of any county of the State or the General Assembly may create in and for those counties in which it deems necessary or advisable the office of county manager and vest in such office powers, duties and responsibilities of an administrative nature. The qualifications, method of selection, appointment, compensation, tenure and such other related matters pertaining to the office of county manager shall be provided for by the board of commissioners of any county of the State. Nothing in this Act shall pertain to consolidated governments which include all the area within any county. Section 2. The provisions of this Act shall not apply to any county having a population of more than 400,000, according to the 1970 United States Decennial Census or any future such census. Exemption. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974. INSURANCEPHYSICIAN AND SURGEON REDEFINED FOR CERTAIN INSURANCE POLICY PURPOSES. Code Title 56 Amended. No. 925 (Senate Bill No. 153). An Act to amend Code Title 56, known as the Georgia Insurance Code, as amended, so as to redefine the terms physician and surgeon when used in connection with individual or group accident and sickness insurance policies; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. Code Title 56, known as the Georgia Insurance Code, as amended, is hereby amended by adding a new paragraph at the end of Code section 56-3016, to read as follows: Any other laws to the contrary notwithstanding, when ever the term `physician' or `surgeon' is used in any policy of health or accident insurance issued in this State or in any contract for the provision of health care, services, or benefits issued by any health, medical or other service corporation existing under, and by virtue of, any laws of this State, said term shall include, within its meaning, medical practitioners licensed under and in accordance with Code Chapter 84-7, relating to dentists, as now or hereafter amended, in respect to any care, services, procedures or benefits covered by said policy of insurance or health care contract which the said persons are licensed to perform, any provisions in any such policy of insurance or health care contract to the contrary notwithstanding. This Act shall be applicable to all policies in this State, regardless of date of issue, on the effective date of this Act. Code 56-3016 amended. Section 2. Said Code Title is further amended by adding a new paragraph at the end of Code section 56-3110, to read as follows: Any other laws to the contrary notwithstanding, whenever the term `physician' or `surgeon' is used in any policy of health or accident insurance issued in this State or in any contract for the provision of health care, services, or benefits issued by any health, medical or other service corporation existing under, and by virtue of, any laws of this State, said term shall include, within its meaning, medical practitioners licensed under and in accordance with Code Chapter 84-7, relating to dentists, as now or hereafter amended, in respect to any care, services, procedures or benefits covered by said policy of insurance or health care contract which the said persons are licensed to perform, any provisions in any such policy of insurance or health care contract to the contrary notwithstanding. This Act shall be applicable to

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all policies in this State, regardless of date of issue, on the effective date of this Act. Code 56-3110 amended. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974. PARENT AND CHILDADDITIONAL IDENTIFICATION AND REPORTING PROCEDURES PROVIDED FOR ABUSED CHILDREN, ETC. Code 74-111 Amended. No. 926 (Senate Bill No. 176). An Act to provide additional identification and reporting procedures for abused children; to provide a new Code section 74-111 so as to include teachers, school administrators, child care personnel and law enforcement personnel as persons required to report; to increase the age of children for whom reports must be made; to delete the provision requiring a medical examination before a report is made; to require a written report only if requested by a child welfare agency; to extend immunity from liability; to modify the purpose of the Section; to repeal conflicting laws; to provide for severability; to provide an effective date; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 74-111 relating to reports of injuries to children is repealed in its entirety and a new Code section is substituted in lieu thereof to read as follows: 74-111. (a) Reports by Physicians, Treating Personnel, Institutions and Others. 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

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health nurse, social worker, teacher, school administrator, child care personnel or law enforcement personnel having cause to believe that a child under the age of eighteen has had physical injury or injuries inflicted upon him other than by accidental means by a parent or caretaker, or has been neglected or exploited by a parent or caretaker, or has been sexually assaulted, shall report or cause reports to be made in accordance with the provisions of this section; provided, however, that when the attendance of the reporting person with respect to a child is pursuant to the performance of services as a member of the staff of a hospital, school, social agency or similar facility, he shall notify the person in charge of the facility or his designated delegate who shall report or cause reports to be made in accordance with the provisions of this Section. Code 74-111 amended. (b) Nature and Content of Report; to whom made. An oral report shall be made immediately by telephone or otherwise, and followed by a report in writing, if requested, to a child welfare agency providing protective services, or in the absence of such agency, to an appropriate police authority. Such reports shall contain the names and addresses of the child and his parents or caretakers, if known, the child's age, the nature and extent of the child's injuries (including any evidence of previous injuries), and any other information that the reporting person believes might be helpful in establishing the cause of the injuries and the identity of the perpetrator. (c) Immunity from Liability. Any person or persons, partnership, co-partnership, firm, corporation, association, hospital or other entity participating in the making of said report or causing said report to be made pursuant to the provisions of this section or any other law, or participating in any judicial proceeding or any other proceeding resulting therefrom, shall in so doing be immune from any liability, civil or criminal, that might otherwise be incurred or imposed, providing such participation pursuant to this Section or any other law shall be made in good faith. Any person making a report, whether required by this Section or not, shall be immune from liability as herein provided.

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(d) Purpose. The purpose of this Section is to provide for the protection of children whose health and welfare are adversely affected and further threatened by the conduct of those responsible for their care and protection. This is often manifest by the infliction, other than by accidental means, of physical injury requiring the attention of a physician. It is intended that the mandatory reporting of such cases will cause the protective services of the State to be brought to bear on the situation in an effort to prevent further abuses, protect and enhance the welfare of these children, and preserve family life wherever possible. This Section shall be liberally construed so as to carry out the purposes thereof. Section 2. Code section 74-111 is repealed in its entirety. All other laws or parts of laws in conflict herewith are repealed. Section 3. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 4. This Act shall become effective upon its signing by the Governor or upon its becoming law without his signature. Effective date. Approved March 21, 1974. GEORGIA CHARITABLE TRUST ACT. No. 929 (Senate Bill No. 295). An Act to provide for the supervision by the Attorney General of the administration of charitable trusts; to

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provide definitions; to provide for exceptions; to authorize the Attorney General to maintain a register of charitable trusts; to provide for the filing of charitable trust instruments and annual audit reports with the Attorney General; to provide for reports to the General Assembly; 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. This Act may be cited as the Georgia Charitable Trust Act. Section 2. This Act applies to any trustee, as defined in section 3, holding property for a charitable purpose of a value in excess of $5,000.00. Section 3. Trustee means any individual, group of individuals, corporation or other legal entity, unless excepted pursuant to section 4 hereof, holding property for any charitable purpose set out in Code section 108-203. Trustee defined. Section 4. This Act does not apply to the United States, any State, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or to any of their agencies or to any governmental subdivision; to any religious corporation sole, or other religious corporation or organization which holds property for religious purposes, or to any officer, director or trustee thereof who holds property for like purposes; to a cemetery corporation; or to a charitable corporation organized and operated primarily as a religious organization, educational institution or hospital. Exemption. Section 5. The Attorney General may establish and maintain a register of trustees subject to this Act and of the particular trust under which they hold property for charitable purposes and, to that end, may conduct whatever investigation is necessary, and may obtain from public records, court officers, taxing authorities, trustees and other sources, copies of instruments, reports and records and

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whatever information is needed for the establishment and maintenance of the register. Register. Section 6. Every trustee subject to this Act who has received property for charitable purposes shall file with the Attorney General, within 6 months after any part of the income or principal is received for application to the charitable purpose, a copy of the trust agreement, articles of incorporation or other written instrument, if any, providing for his title, powers or duties. In the event a trustee subject to this Act is holding property for charitable purposes under no such written instrument, such trustee nevertheless shall file, in lieu of such instrument, a statement in writing setting forth his title, powers and duties with respect to the property he is so holding. If any part of the income or principal is authorized or required to be applied to a charitable purpose at the time this Act takes effect, the filing shall be made within 6 months thereafter. Filing. Section 7. (a) Except as otherwise provided, every trustee subject to this Act shall, in addition to filing copies of the instruments previously required, file with the Attorney General annual written audit reports under oath, setting forth information as to the nature of the assets held for charitable purposes and the administration thereof by the trustee, to include an itemized accounting of receipts, income, disbursements, expenses, and such other information as the Attorney General may request. The Attorney General may suspend, in whole or in part, the filing of reports as to a particular charitable trust or charitable purpose for a reasonable, specifically designated time upon written application of the trustee filed with the Attorney General and after the Attorney General has determined that the interests of the beneficiaries will not be prejudiced thereby and that periodic reports are not required for proper supervision by his office. Audit reports. (b) A copy of an account filed by the trustee in any court having jurisdiction of the trust, if the account has been approved by the court in which it was filed, may be filed as a report required by this section, or a copy of the annual return filed by the trustee with the Internal Revenue

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Service, as required by Section 6033 of the Internal Revenue Code of 1954 or any corresponding provision of any subsequent tax laws, or a copy of the annual report filed by the trustee with the Internal Revenue Service, as required by Section 6056 of the Internal Revenue Code of 1954 or any corresponding provision of any subsequent tax laws, may also be filed as a report required by this section. (c) The first report for a trust hereafter established, unless the filing thereof is suspended as herein provided, shall be filed not later than one year after any part of the income or principal is authorized or required to be applied to a charitable purpose. If any part of the income or principal of a trust previously established is authorized or required to be applied to a charitable purpose at the time this Act takes effect, the first report, unless the filing thereof is suspended, shall be filed within 6 months after the effective date of this Act. Thereafter, such reports, unless the filing thereof is suspended, shall be filed annually. (d) (1) The financial reports provided for in this section, unless filed in accordance with subsection (b) hereof, shall be prepared in accordance with generally accepted auditing standards, provided that the Attorney General may authorize or require the filing of such reports by a trustee to be on forms prepared and furnished by the Attorney General. (2) Provided further that at any time the Attorney General deems an additional audit of the financial records and accounts of a charitable trust to be necessary, he shall so notify the trustee in writing, and the audit shall immediately be undertaken by a certified public accountant to be selected jointly by the Attorney General and the trustee. In the event agreement cannot be reached upon selection of a certified public accountant within ten (10) days of receipt by the trustee of the notice provided for herein, either party may request the selection of a certified public accountant for such purposes by the State Board of Accountancy. All expenses and fees incurred in the preparation of audits or reports provided for herein shall be deemed valid expenses chargeable against the affected trust.

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Section 8. The Attorney General may investigate transactions and relationships of trustees subject to this Act for the purpose of determining whether the property held for charitable purposes is properly administered. He may require any agent, trustee, fiduciary, beneficiary, institution, association, or corporation, or other person to appear, at a named time and place, in the county designated by the Attorney General, where the person resides or is found, to give information under oath and to produce books, memoranda, papers, documents of title and evidence of assets, liability, receipts, or disbursements in the possession or control of the person ordered to appear. Investigation. Section 9. The Attorney General is hereby authorized to inquire into the activities and functions of each reporting institution and make annual reports to the General Assembly of his findings and recommendations based upon such investigations. Same. Section 10. When the Attorney General requires the attendance of any person, as provided in section 8, he shall issue an order setting forth the time when and the place where attendance is required and shall cause the same to be served in person or by registered mail upon the person at least 14 days before the date fixed for attendance. Such order shall have the same force and effect as a subpoena and, upon application of the Attorney General, obedience to the order may be enforced by any court having jurisdiction of charitable trusts in the county where the person receiving it resides or is found, in the same manner as though the notice were a subpoena. Such court may, in case of contumacy or refusal to obey the order issued by the Attorney General, issue an order requiring such person to appear before the Attorney General or to produce documentary evidence, if so ordered, or to give evidence touching the matter in question, and any failure to obey such order of the court may be punished by that court as a contempt upon itself. The investigation or hearing may be made by or before any Assistant Attorney General designated by the Attorney General to conduct such investigation or hearing in his behalf. Witnesses ordered to appear shall be paid the same fees and mileage as are paid witnesses in the superior

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courts of this State. The Attorney General or the Assistant Attorney General acting in his behalf is empowered to administer the necessary oath or affirmation to such witnesses. Notice effect. Section 11. The Attorney General may institute appropriate proceedings to secure compliance with this Act; to correct improper administration of a charitable trust, and to invoke the jurisdiction of the court. The powers and duties of the Attorney General provided in this Act are in addition to his existing powers and duties. Nothing in this Act shall impair or restrict the jurisdiction of any court with respect to any of the matters covered by it, except that no court shall have jurisdiction to modify or terminate any trust of property for charitable purposes unless the Attorney General is a party to the proceedings. Duties. Section 12. Any person who shall wilfully fail to comply with the provisions of this Act shall be guilty of a misdemeanor and, upon coviction thereof, shall be punished as for a misdemeanor. Penalty. Section 13. This Act shall apply regardless of any contrary provisions of any instruments. Section 14. If any provision of this Act or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or application of the Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable. Severability. Section 15. All laws and parts of laws in conflict with this Act are hereby repealed, provided, however, that nothing herein contained shall diminish the existing powers of the Attorney General, nor shall anything herein contained diminish the scope of an Act providing for legal representation of beneficiaries under charitable trusts approved March 3, 1962 (Ga. L. 1962, p. 527). Approved March 21, 1974.

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UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS ACT AMENDEDCERTAIN PARADE EXEMPTIONS AUTHORIZED. No. 930 (Senate Bill No. 430). An Act to amend the Uniform Act Regulating Traffic on Highways, approved January 11, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 556), as amended, so as to authorize, at the discretion of local authorities, the operation of certain motor vehicles and motorcycles in parades although such motor vehicles, motorcycles, and their operators and passengers do not meet the necessary requirements of Georgia law; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. 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, between section 29 and Section 30, a new Section to be known as section 29A to read as follows: Section 29A. Notwithstanding any other provisions of Georgia law, it shall be lawful to operate motor vehicles and motorcycles in parades although such motor vehicles, motor-cycles, and their operators and passengers do not meet the necessary requirements of Georgia law, especially with respect to flashing lights, sirens and safety equipment. The provisions of this section shall be applicable only in the event that the local authority which has the power to issue parade permits, at its discretion, authorizes the operation of such motor vehicles and motorcycles after it has been determined that the operation of such motor vehicles and motorcycles will not endanger the lives, safety or property of other participants in the parade, bystanders or other persons. The authorization for vehicles to be operated in parades as exceptions to otherwise required provisions of law shall extend to only such time as the vehicles shall be actually engaged in the parade and in the return to the

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marshalling area. At all times, such vehicles shall be operated by a person properly licensed to operate such vehicles. Such motor vehicles and motorcycles covered under this section shall be operated in accordance with all provisions of Georgia law when traveling to and from a parade site and at all other times when not directly participating in a parade. Parades. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974. DEPARTMENT OF PUBLIC SAFETY AUTHORIZED TO RENDER CERTAIN REQUESTED ASSISTANCE. (100,000 OR MORE). No. 931 (Senate Bill No. 455). An Act to amend an Act creating a Department of Public Safety for Georgia, approved March 19, 1937 (Ga. L. 1937, p. 322), as amended, so as to provide that in certain counties officers of the Department of Public Safety may render assistance to local authorities upon request of the chief officer of the county police 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. An Act creating a Department of Public Safety for Georgia, approved March 19, 1937 (Ga. L. 1937, p. 322), as amended, is hereby amended by adding in the third unnumbered paragraph of section 14, between the words sheriff of any county and the words or of the judge of the superior court, the following: , or of the chief officer of the county police force in all counties having a population of more than 100,000 according

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to the U. S. Decennial Census of 1970, or any future such census,, so that when so amended, said third unnumbered paragraph of section 14 shall read as follows: They shall not exercise any power of arrest, with the exception herein provided for arrest powers and general law enforcement authority on property owned by the State or its departments, bureaus, commissions, or authorities, except for offenses arising from violation of the traffic laws, or laws regulating the use, ownership, and control of motor vehicles, or for offenses committed upon the highways of the State. Provided that upon request of the governing authorities of any municipality, or of the sheriff of any county, or of the chief officer of the county police force in all counties having a population of more than 100,000 according to the U. S. Decennial Census of 1970, or any future such census, or of the judge of the superior court of any county of this State or the Governor of this State, the Director of Public Safety, in unusual circumstances, may, and in the case of an Order from the Governor of Georgia shall, direct members of the Georgia State Patrol to render assistance in any other criminal case, or in the prevention of violations of law, or in detecting and apprehending those violating any criminal laws of this, or any other state, or the United States. 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 21, 1974.

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GEORGIA FIREARMS AND WEAPONS ACT AMENDEDSHOTGUN DEFINED, ETC. No. 932 (Senate Bill No. 459). An Act to amend an Act known as the Georgia Firearms and Weapons Act, approved April 8, 1968 (Ga. L. 1968, p. 983), so as to define the term shotgun; to change the definition of the term sawed-off shotgun; 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 Firearms and Weapons Act, approved April 8, 1968 (Ga. L. 1968, p. 983), is hereby amended by striking subsection (a) of section 4 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) (1) The term `shotgun' means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger. Defined. (2) The term `sawed-off shotgun' means a shotgun or any weapon made from a shotgun (whether by alteration, modification, or otherwise) having one or more barrels less than eighteen inches in length or if such weapon as modified has an overall length of less than twenty-six inches. 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 21, 1974.

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GEORGIA FOOD ACT AMENDEDHONEY LABELING REQUIREMENTS PROVIDED, ETC. No. 933 (Senate Bill No. 461). An Act to amend an Act known as the Georgia Food Act, approved February 23, 1956 (Ga. L. 1956, p. 195), as amended, so as to provide labeling restrictions relative to the use of the words honey and imitation honey; to provide for a penalty; 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 Food Act, approved February 23, 1956 (Ga. L. 1956, p. 195), as amended, is hereby amended by adding, between sections 11 and 12, a new section to be designated section 11A to read as follows: Section 11A. (a) It shall be unlawful for any person to package any product and label the product as `honey' or `imitation honey', or to use the word `honey' in any prominent location on the label of such product, or to sell or offer for sale any product which is labeled `honey' or `imitation honey', or which contains a label with the word `honey' prominently displayed thereon, unless such product is pure honey manufactured by honeybees. (b) Any person violating the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974.

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MOTOR VEHICLESREGISTRATION AND LICENSINGCERTAIN FARM TRAILERSEXEMPTION CHANGED. Code 68-201, 92-2902 Amended. No. 934 (Senate Bill No. 472). An Act to amend section 68-201 of the Code of Georgia, as amended, and to amend an Act approved December 24, 1937 (Ga. L. 1937-38, Ex. Sess., p. 259), as amended, and codified as section 92-2902 of the Code of Georgia, both of which relate to the registration and the licensing of motor vehicles, so as to provide that said sections shall not apply to any trailer that has no springs and is being employed in hauling unprocessed farm products to their first market destination; to provide that said sections shall not apply to any trailer that has no springs, which is pulled from a tongue, and is used primarily to transport fertilizer to the farm; 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 68-201 of the Code of Georgia, as amended, is hereby amended by striking therefrom the following: 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., and inserting in lieu thereof the following: Provided, further, that the provisions of this section shall not apply to any trailer that has no springs and is being employed in hauling unprocessed farm products to their first market destination, nor to any trailer that has no springs, which is pulled from a tongue, and used primarily to transport fertilizer to the farm. Code 68-201 amended.

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Section 2. Section 4 of an Act approved December 24, 1937 (Ga. L. 1937-38, Ex. Sess., p. 259), as amended, particularly by an Act approved March 17, 1960 (Ga. L. 1960, p. 998), and an Act approved March 7, 1966 (Ga. L. 1966, p. 252), and codified as section 92-2902 of the Code of Georgia is hereby amended by striking subsection (5) thereof in its entirety and inserting in lieu thereof a new subsection (5) to read as follows: (5) Private trailers. For each private trailer, except farm trailers, house trailers, auto trailers, boat trailers, trailers with no springs which are being employed in hauling unprocessed farm products to their first market destination, and trailers with no springs which are pulled from a tongue and used primarily to transport fertilizer to the farm, the annual license fee shall be $10. Code 92-2902 amended. Section 3. Said Act is further amended by striking subsection (6A) of section 4, codified as section 92-2902 of the Code of Georgia, in its entirety and inserting in lieu thereof a new subsection (6A), to read as follows: (6A) Trailers with no springs. There shall be no fee for trailers with no springs which are being employed in hauling unprocessed farm products to their first market destination. Code 92-2902 amended. Section 4. Said Act is further amended by adding after subsection (6A) and before subsection (7) of section 4, codified as section 92-2902 of the Code of Georgia, a new subsection to be designated subsection (6B) to read as follows: (6B) Trailers with no springs which are pulled from a tongue and used primarily to transport fertilizer to the farm. There shall be no fee for trailers with no springs which are pulled from a tongue and used primarily to transport fertilizer to the farm. Code 92-2902 amended.

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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 March 21, 1974. GEORGIA MEAT INSPECTION ACT AMENDED TO INCLUDE RABBITS. No. 935 (Senate Bill No. 476). An Act to amend an Act known as the Georgia Meat Inspection Act, approved April 30, 1969 (Ga. L. 1969, p. 1028), as amended by an Act approved March 11, 1971 (Ga. L. 1971, p. 56), and an Act approved March 11, 1971 (Ga. L. 1971, p. 57), so as to include rabbits within the provisions of said Act; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Georgia Meat Inspection Act, approved April 30, 1969 (Ga. L. 1969, p. 1028), as amended by an Act approved March 11, 1971 (Ga. L. 1971, p. 56), and an Act approved March 11, 1971 (Ga. L. 1971, p. 57), is hereby amended by striking from said Act, wherever the same shall appear, the following: swine, and inserting in lieu thereof the following: swine, rabbits. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974.

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LITTER CONTROL LAW AMENDEDPENALTY CHANGED. No. 936 (Senate Bill No. 503). An Act to amend an Act known as the Litter Control Law, approved March 20, 1970 (Ga. L. 1970, p. 494), as amended by an Act approved April 13, 1971 (Ga. L. 1971, p. 886), so as to change the penalty for littering; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Litter Control Law, approved March 20, 1970 (Ga. L. 1970, p. 494), as amended by an Act approved April 13, 1971 (Ga. L. 1971, p. 886), is hereby amended by striking section 5 in its entirety and inserting in lieu thereof a new section 5, to read as follows: Section 5. Penalties. (a) Any person violating the provisions of section 4 of this Act shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as follows: (1) by a fine of not less $25.00 and not more than $300.00; or (2) in the sound discretion of any court in which conviction is obtained, any such person may be directed to pick up and remove from any public street or highway or public right-of-way for a distance not to exceed one mile any litter he has deposited and any and all litter deposited thereon by anyone else prior to the date of execution of sentence; or (3) in the sound discretion of the judge of any court in which conviction is obtained, any such person may be directed to pick up and remove from any public beach, public park, private right-of-way, or, with the prior permission of the legal owner or tenant in lawful possession of such property, any private property upon which it can be established by competent evidence that he has deposited litter,

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any and all litter deposited thereon by anyone prior to the date of execution of sentence. (b) The court may publish the names of persons convicted of violating the provisions of section 4 of this Act. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974. MINIMUM SALARIES FOR ORDINARIES FIXED, ETC. No. 937 (Senate Bill No. 522). An Act to provide minimum salaries for ordinaries 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 ordinaries; to provide that the provisions of local legislation affecting compensation for ordinaries 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 ordinary 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 ordinary on an annual salary; 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. Any other provision of law to the contrary notwithstanding, the minimum annual salary of the ordinary 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 ordinary shall receive

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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: Population Minimum Salary 0 2,999 $ 3,600 3,000 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. The amount of the minimum salary provided in section 1 for the ordinary of any county who also holds and conducts elections or is responsible for conducting elections for members of the General Assembly, under the provisions of any applicable general or local law of this State, shall be increased by $50.00 per month. The amount of the minimum salary provided in section 1 for the Ordinary of any county presently on a salary who is responsible for traffic cases under the provisions of any general or local law of this State shall also be increased by $100 per month. Section 3. The total amounts applicable for each ordinary provided in sections 1 and 2 of this Act shall be increased by two and one-half (2) percent for each year in office served by any ordinary, figured at the end of each such period of service, provided, however, that such increase shall not apply to any ordinary whose minimum salary as set forth in section 1 above (excluding the amount provided in section 2) exceed $12,000 per annum. The provisions of this section shall not be 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

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completed prior to the effective date of this Act. This Act shall not be construed to reduce the salary of any ordinary presently in office. The minimum salaries provided for in this Act shall be considered as salary only. Expenses for deputies, personnel, equipment, supplies, copying equipment and other necessary and reasonable expenses for the operation of the ordinary's office shall come from funds other than the funds specified as salary in this Act. 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 ordinaries 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 ordinary who is on the fee system of compensation on the effective date of this Act on a salary system of compensation. Any ordinary 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 ordinary on an annual salary equal to or greater than the minimum annual salary provided for in this Act. 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 21, 1974.

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GENERAL ASSEMBLYSECRETARY OF SENATE, CLERK OF HOUSE OF REPRESENTATIVESCOMPENSATION, ETC., PROVIDED. No. 938 (Senate Bill No. 533). An Act to provide for the procedure relative to the compensation, expenses, mileage and allowances for the Secretary of the Senate and the Clerk of the House of Representatives; 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 provisions of law to the contrary notwithstanding, the Secretary of the Senate shall receive such compensation, expenses, mileage and allowance as shall be provided by resolution of the Senate, and the Clerk of the House of Representatives shall receive such compensation, expenses, mileage and allowances as shall be provided by resolution of the House of Representatives. Section 2. This Act shall become effective January 13, 1975. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974. STATE FORESTRY COMMISSION AUTHORIZED TO MANAGE STATE LANDS, ETC. No. 939 (Senate Bill No. 537). An Act to amend an Act superseding, with stated exceptions, all previous laws of this State relating to the organization, powers and duties of the Forestry Commission, approved March 3, 1955 (Ga. L. 1955, p. 309), as amended, so as to authorize the State Forestry Commission

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to manage, conserve and protect certain forest lands or forest properties belonging to or under the jurisdiction and control of any department, board, commission, bureau, agency or authority of State government; to provide for requests for management of forest lands or forest properties; to provide for the sale of timber and other forest products and the proceeds derived from such sales; 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. All previous laws of this State relating to the organization, powers and duties of the Forestry Commission, approved March 3, 1955 (Ga. L. 1955, p. 309), are hereby amended by adding, following section 17, a new section 17A, to read as follows: Section 17A. (a) Any other provision of law to the contrary notwithstanding, the State Forestry Commission is hereby authorized to manage, conserve and protect any forest lands or forest properties belonging to or under the jurisdiction and control of any department, board, commission, bureau, agency or authority of State government. The Commission shall manage such forest lands or forest properties subject to the special needs of the department, board, commission, bureau, agency or authority and the use of such lands or properties by such department, board, commission, bureau, agency or authority. Such management shall conform to the principles of sound forest management where consistent with the use of such lands or properties. Management of forest lands or forest properties shall be undertaken by the Commission only upon the written request of the department, board, commission, bureau, agency or authority to which the lands or properties belong or which exercise control and jurisdiction over such lands or properties. (b) The Commission is hereby authorized to sell, contract for the sale of, offer, and accept bids for the sale of timber and other forest products grown or produced on lands subject to the management of the Commission under the

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provisions of this Section. Such actions may be taken by the Commission without the prior approval of any other department, board, commission, bureau, agency or authority. The sale of such timber or forest products shall be made in the same manner as the sale of timber or forest products grown or produced on lands belonging to or under the jurisdiction and control of the Commission. Any funds derived from the sale of any such timber or forest products shall be paid into the general fund of the State or to the department, board, commission, bureau, agency or authority to which the forest lands or forest properties belong or which has jurisdiction and control over such lands or properties in the same manner as if such timber or forest products had been sold directly by the department, board, commission, bureau, agency or authority. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974. INTOXICATING LIQUORSCERTAIN EXCEPTIONS FOR EMPLOYMENT OF MINORS PROVIDED. No. 941 (Senate Bill No. 551). An Act to amend an Act relating to the employment of persons under 18 years of age in any place where liquor, beer, wine, or alcoholic beverages are sold, approved March 25, 1958 (Ga. L. 1958, p. 640), so as to provide certain exceptions for the employment of such persons in general merchandise stories or in certain counties where the place of employment is a stadium; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act relating to the employment of persons under 18 years of age in any place where liquor, beer, wine, or alcoholic beverages are sold, approved March 25, 1958

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(Ga. L. 1958, p. 640), 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. It shall be unlawful for any person to employ in any capacity a person under eighteen years of age in any place where liquor, beer, wine, or alcoholic beverages of any kind are sold or offered for sale. Provided nothing herein shall apply to the employment of such persons in establishments selling or offering for sale general merchandise where beer or wine is sold but not consumed on the premises including, but not limited to, supermarkets and drug stores; and provided, further, that nothing herein shall apply in counties of this State where: (a) the place of employment is in a stadium where beer is the only alcoholic beverage offered for sale to the public generally, and (b) no person under eighteen years of age is allowed or required, whether directly or indirectly, to dispense, serve, sell, deliver or take orders for any alcoholic beverage or in any manner to aid or assist in dispensing, serving, selling, delivering, or taking orders for such beverages. The provisions of this section shall in no way affect the authority of the Commissioner of Labor under the Act regulating the employment of children, approved January 30, 1946 (Ga. L. 1946, p. 67), as amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974. STATE SCHOLARSHIP COMMISSION ACT AMENDEDVETERINARY MEDICINE INCLUDED IN APPROPRIATE FIELDS, ETC. No. 942 (Senate Bill No. 574). An Act to amend an Act creating the State Scholarship Commission, approved March 12, 1965 (Ga. L. 1965, p. 210),

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as amended, so as to provide that the field of doctor of veterinary medicine shall be deemed an appropriate professional field within which the Commission shall be empowered to grant scholarships; to provide for granting scholarships to students pursuing a program of study leading to the degree of doctor of veterinary medicine; to provide for intent of the Act; to provide for repayment of scholarships in cash or through services rendered; 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 Scholarship Commission, approved March 12, 1965 (Ga. L. 1965, p. 210), as amended, is hereby amended by adding a new section immediately following section 8, to be designated section 8A, to read as follows: Section 8A. (a) In order to bring about an adequate supply of doctors of veterinary medicine in the more sparsely populated areas of Georgia, to increase the number of Georgia students enrolled in schools of veterinary medicine, and to induce such students upon graduation and licensing to practice their profession in areas of Georgia in need of their services, the field of doctor of veterinary medicine, including veterinary surgery, obstetrics, dentistry and all other branches or specialties of veterinary medicine, shall be deemed to be an approved professional field of study within the meaning of section 1 of this Act. (b) Residents of Georgia accepted for enrollment in a veterinary college or in a veterinary division of a university or college accredited by the American Veterinary Medical Association who otherwise meet the requirements of this Act and are pursuing a program of study leading to the degree of doctor of veterinary medicine or its equivalent shall be eligible to apply for a scholarship hereunder to the extent that funds are available for providing scholarship assistance to such students. In selecting recipients for such scholarship assistance, the Commission is authorized but not required to consider among other criteria the need for

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veterinarians in the field of specialization which is of interest to the student, the home area of the student, and the desire or likelihood if determinable that the student will practice his profession in an area of the State which might entitle the student to repay assistance received through services rendered in lieu of repayment of such assistance in cash as provided for herein. (c) Recipients of scholarship assistance under provisions of this Section who have attained a doctorate degree in veterinary medicine and are licensed to practice veterinary medicine in this State shall repay scholarship assistance received in cash or through services rendered in Georgia as provided for in section 2 of this Act; provided, however, that repayment of such assistance received through services rendered in Georgia shall not be approved by the Commission unless the recipient practices his profession in a rural or sparsely populated area of Georgia, or in a community of 10,000 population or less according to the United States Decennial Census of 1970 or any future such census, as the case may be, which is in need of the services of a licensed veterinarian substantially for purposes of meeting the needs of owners or producers of farm animals used for or in connection with production of commercial food products. 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 21, 1974. TRUSTSPROVISIONS RELATING TO UNAUTHORIZED USE OF TERMS TRUSTS OR TRUST COMPANY CHANGED. Code 109-502 Amended. No. 943 (Senate Bill No. 600). An Act to amend Code section 109-502, relating to the unauthorized use of the terms trust or trust company,

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so as to provide that a corporation lawfully owning the majority of the voting stock of any corporation duly authorized under the laws of this State to do a trust business in this State shall not be subject to any of the prohibitions, or restrictions, on the use of the word trust or the use of the phrase trust company; 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 109-502, relating to the unauthorized use of the terms trust or trust company, is hereby amended by adding at the end thereof the following sentence: Notwithstanding any other provisions of this section, a corporation lawfully owning the majority of the voting stock of any corporation duly authorized under the laws of this State to do a trust business in this State is not subject to any of the prohibitions, or restrictions, on the use of the word `trust' or the use of the phrase `trust company' contained in this section. Code 109-502 amended. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974. INSURANCEAPPLICATIONS FOR CERTIFICATES OF AUTHORITY PROVISIONS CHANGED, ETC. Code Title 56 Amended. No. 945 (Senate Bill No. 657). An Act to amend Code Title 56, relating to insurance, as amended, so as to qualify certain requirements relative to

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documents accompanying applications for certificates of authority; to clarify provisions relating to brokers' quarterly reports; to qualify certain provisions regarding taxes on surplus line brokers; to change certain provisions relating to assets eligible for deposit required prior to issuance of certificates of authority; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Title 56, relating to insurance, as amended, is hereby amended by striking from subsection (3) of Code section 56-312 the word A and substituting in lieu thereof the following: If a foreign or alien insurer, a, so that when so amended Code section 56-312 shall read as follows: 56-312. Application for certificate of authority. To apply for an original certificate of authority an insurer shall file with the Commissioner its application therefor showing its name, location of its home office or principal office in the United States (if an alien insurer), kinds of insurance to be transacted, date of organization or incorporation, form of organization, state or country of domicile, the names and addresses of all general officers of the company, with the number of shares of capital stock of the company held by or for each such general officer, or by others for his benefit, and the percentage of the total capital stock of the company held by each such general officer, the date on which the company began to do business, and the states in which it is admitted to do business, and such additional information as the Commissioner may require, together with the following applicable documents: Code 56-312 amended. (1) A copy of its corporate charter with all amendments thereto certified by the public officer with whom the originals are on file in the state or country of domicile.

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(2) A copy of its bylaws as amended, certified by its secretary or other officer having custody thereof. (3) If a foreign or alien insurer, a copy of its annual statement as of December 31st last preceding in a form approved for current use by the Commissioner, and certified by two officers of the company. The annual statement of an alien insurer shall relate only to the transactions and affairs in the United States unless the Commissioner requires otherwise. (4) Copy of report of the last examination, if any, made of the insurer, certified by the insurance supervisory official of its state or domicile or of entry into the United States. (5) If a foreign or alien insurer, appointment of the Commissioner as its attorney to receive service of legal process. (6) If a foreign or alien insurer, a certificate of the public official having supervision of insurance in its state or country of domicile showing that it is authorized to transact the kinds of insurance proposed to be transacted in Georgia. (7) If an alien insurer, a copy of the appointment and authority of its United States manager, certified by its officer having custody of its records. (8) If a foreign or alien insurer, certificate as to deposit if to be tendered pursuant to section 56-309. Section 2. Said Code Title is further amended by adding in Code section 56-615, after the words for all surplus lines transactions, the following: in which premiums were paid or were due and payable, so that when so amended Code section 56-615 shall read as follows: 56-615 Broker's quarterly affidavit. Each surplus line broker shall file with the Commissioner, on a quarterly basis, an affidavit, executed by the surplus line broker,

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setting forth the facts referred to in section 56-614. Such affidavit shall furnish certificate or cover note number, name of insured, the amount of the premium, the tax paid thereon, and such other information as the Commissioner may require, for all surplus lines transactions in which premiums were paid or were due and payable during the previous quarter. Such quarterly affidavit shall be filed with the Commissioner on or before the 15th day of April, July, October and January. Each surplus line broker shall remit a 4 percent tax on direct premiums written, as defined in section 56-623. Such tax shall be remitted with the surplus line broker's quarterly affidavit. Code 56-615 amended. Section 3. Said Code Title is further amended by striking from subsection (1) of Code section 56-623 the following: the direct premiums written,, and inserting in lieu thereof the following: all premiums paid or due and payable during the preceding quarter,, so that when so amended Code section 56-623 shall read as follows: 56-623 Tax on surplus line brokers. (1) The surplus line broker shall remit to the Commissioner, on or before the 15th day of April, July, October and January, at the time his quarter affidavit is submitted, as a tax imposed for the privilege of doing business as a surplus line broker in this State, a tax of four percent on all premiums paid or due and payable during the preceding quarter, less return premiums and exclusive of sums collected to cover State or Federal taxes, on surplus line insurance subject to tax transacted by him during the preceding quarter as shown by his affidavit filed with the Commissioner. Code 56-623 amended. (2) If a surplus line policy covers risks or exposures only partially in this State, the tax so payable shall be computed on the proportion of the premium which is properly allocable to the risks or exposures located in this State.

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Section 4. Code section 56-1103, relating to deposits required for authority to transact insurance, is hereby amended by striking from subsection (1) the following: in which the insurer may lawfully invest under Chapter 56-10, except real estate, notes secured by real estate, stocks, or investment trust or investment company shares, and inserting in lieu thereof the following: eligible for the investment of capital funds of domestic insurers as enumerated and described in subsection (3) of Code section 56-1005, so that when so amended subsection (1) shall read as follows: 56-1103. Assets eligible for deposit. (1) All such deposits required for authority to transact insurance in Georgia shall consist of any combination of the securities eligible for the investment of capital funds of domestic insurers as enumerated and described in subsection (3) of Code section 56-1005. Code 56-1103 amended. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974. CRIMESTHEFT BY TAKING REDEFINED. Code 26-1802 Amended. No. 946 (Senate Bill No. 85). An Act to amend Code section 26-1802, relating to theft by taking, so as to provide that a person who interchanges the label or price tag from one item of merchandise with a label or price tag from another item of merchandise

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commits theft by taking; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 26-1802, relating to theft by taking, is hereby amended by renumbering paragraph (4) as paragraph (5) and inserting in lieu thereof a new paragraph (4), to read as follows: (4) interchanges the label or price tag from one item of merchandise with a label or price tag from another item of merchandise; or, and by adding a comma following the word container at the end of paragraph (5), so that when so amended, Code section 26-1802 shall read as follows: 26-1802. Theft by taking. (a) A person commits theft by taking when he unlawfully takes or, being in lawful possession thereof, unlawfully appropriates any property of another with the intention of depriving him of said property, regardless of the manner in which said property is taken or appropriated. Code 26-1802 amended. (b) A person commits theft by taking when, in any mercantile establishment in which merchandise is displayed for sale in such manner as to be readily accessible to persons shopping therein, he: (1) Removes any such merchandise from the immediate place of display; or (2) Conceals any such merchandise; or (3) Alters any label or marking on such merchandise; or (4) Interchanges the label or price tag from one item of merchandise with a label or prise tag for another item of merchandise; or

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(5) Transfers any such merchandise from a container in which it may be displayed to any other container, with the intent to appropriate such merchandise to his own use, or to deprive the owner of possession thereof, or of the value thereof, in whole or part. The crime of theft by taking under the circumstances of this subsection shall also be known as shoplifting. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974. CRIMESABUSIVE AND OBSCENE LANGUAGEREDEFINED. Code 26-2610 Amended. No. 947 (Senate Bill No. 87). An Act to amend Code section 26-2610, relating to abusive or obscene language, so as to prohibit any person from using to or of another in his presence, without provocation, opprobrious or abusive words which tend to incite immediate breach of the peace; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 26-2610, relating to abusive or obscene language, is hereby amended by striking the language contained in subsection (a) and by inserting in lieu thereof new language, which shall read as follows: (a) without provocation, uses to or of another, in his presence, opprobrious or abusive words which by their very utterance tend to incite to an immediate breach of the peace; that is to say, words which as a matter of common knowledge and under ordinary circumstances will, when used to or

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of another person in his presence, naturally tend to provoke violent resentment, that is, words commonly called fighting words. Code 26-2610 amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974. CRIMESMEMBERS OF GENERAL ASSEMBLY PROHIBITED FROM ACCEPTING COMPENSATION FOR APPEARANCE BEFORE BOARD OF PARDONS AND PAROLES. No. 948 (Senate Bill No. 166). An Act to provide that it shall be unlawful for members of the General Assembly or any other State elective or appointive official to accept any compensation for appearing before the State Board of Pardons and Paroles; to provide for exceptions; to provide for penalties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. It shall be unlawful for members of the General Assembly or any other State elective or appointive official to accept any compensation for appearing before the State Board of Pardons and Paroles in behalf of a person under the jurisdiction of said Board and seeking a decision on behalf of such person. Nothing herein shall be construed so as to prohibit: 1. Members of the General Assembly, State elective or appointive officials from appearing before such Board when their official duties require them to do so; Exemptions. 2. Members of the General Assembly, State elective or appointive officials from requesting information from, and presenting information to the State Board of Pardons and

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Paroles on behalf of constituents when no compensation, gift, favor or anything of value is accepted, either directly or indirectly, for such services. Section 2. Nothing herein shall be construed to apply to the acceptance of compensation, expenses and allowances received by members of the General Assembly or any other State elective or appointive official for his duties as such member or official. Section 3. Any person violating any of the provisions of 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. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974. PROCEDURE FOR APPOINTMENT OF GUARDIANS FOR MENTALLY ILL PERSONS CHANGED, ETC. Code 49-604 Amended. No. 949 (Senate Bill No. 192). An Act to amend Code section 49-604, relating to the procedure for the appointment of guardians for persons who are mentally ill, mentally retarded or mentally imcompetent to the extent that they are incapable of managing their estates; to provide that the Department of Human Resources shall receive and investigate reports that persons are incapable of managing their estates; to provide that persons making reports in good faith are immune from liability; to allow the Department of Human Resources to apply to the Courts of Ordinary for the appointment of guardians; to allow the Courts of Ordinary to appoint the Commissioner of Human Resources as guardian of the person when necessary; to provide for

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severability; 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 guardians for persons who are mentally ill, mentally retarded, or mentally incompetent to the extent that they are incapable of managing their estates, is hereby amended by adding a new subsection to be designated subsection (c) thereof which shall read as follows: (c) (1) Where persons are receiving services from the Department of Human Resources or the Department believes that said persons are eligible for services, then the Department of Human Resources may receive and investigate reports that said persons are mentally ill, mentally retarded or mentally incompetent to the extent that they are incapable of managing their estates and all persons making reports in good faith to the Department shall be immune from liability, both civil and criminal, which might otherwise be incurred. Code 49-604 amended. (2) If the Department of Human Resources has reason to believe that said person is mentally ill, mentally retarded or mentally incompetent to the extent that he is incapable of managing his estate and if no relative or other individual shall apply to have a guardian appointed, and said person is receiving services or is eligible for services from the Department, the Department may apply for the appointment of a guardian for such person in the manner set forth in subsections (a) and (b). (3) If the Court of Ordinary finds that the person is mentally ill, mentally retarded or mentally incompetent to the extent that he is incapable of managing his estate, a guardian shall be appointed; provided, however, that if no other person is available to be guardian of the person of the ward, the Ordinary may appoint the Commissioner of Human Resources as a guardian of the person. The Commissioner may delegate his duties as guardian of mentally ill,

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mentally retarded or mentally incompetent persons to responsible employees of the Department. Section 2. In the event any Section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other Sections, subsections, sentences, clauses or phrases of this Act, which shall remain of full force and effect, as if the Section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974. PARDONS AND PAROLESBOARD AUTHORIZED TO GRANT PARDONS TO AGED OR DISABLED INMATES, ETC. No. 950 (Senate Bill No. 326). An Act to amend an Act creating the State Board of Pardons and Paroles, approved February 5, 1943 (Ga. L. 1943, p. 185), as amended, so as to authorize the Board in its discretion, and notwithstanding other provisions of that Act, to grant pardon or parole to aged or disabled inmates; to provide for an effective date; and 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.

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185), as amended, is hereby amended by inserting a new sentence between the fifth and sixth sentences of section 13 of that Act, to read as follows: Provided, however, the Board may, in its discretion, and notwithstanding other provisions of this Act, grant pardon or parole to any aged or disabled persons., so that when so amended, section 13 shall read as follows: Section 13. No person shall be treated clemency, pardon or parole or other relief from sentence except by majority vote of the Board and in all cases involving capital punishment, a unanimous vote of all members is necessary provided three members of said Board may commute a death sentence to life imprisonment, as provided in Section 11 of this Act. However, each member of the Board shall render a written decision on each case considered by the Board and such written decision shall become a part of the permanent record. Good conduct and efficient performance of duties by a prisoner shall be considered by the Board in his favor and shall merit consideration of an application for pardon or parole. No prisoner shall be released on probation or placed on parole until and unless the Board shall find that there is reasonable probability that, if he is so released, he will live and conduct himself as a respectable and law-abiding person, and that his release will be compatible with his own welfare and the welfare of society. No person shall be released on pardon or placed on parole unless and until the Board is satisfied that he will be suitably employed in self-sustaining employment, or that he will not become a public charge. Provided, however, the Board may, in its discretion, and notwithstanding other provisions of this Act, grant pardon or parole to any aged or disabled persons. Any person who may be paroled shall be released on such terms and conditions as the Board shall prescribe. The Board shall diligently see that no peonage is allowed in the guise of parole relationship or supervision. Such parolee shall remain in the legal custody of the Board until the expiration of the maximum term specified in his sentence or until he is pardoned by the Board. In the event a parolee violates the terms of

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his parole, he shall be subject to rearrest and/or extradition for placement in the actual custody of the Board to be redelivered to any prison or public works camps of this State. Pardons. 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 21, 1974. GENERAL ASSEMBLYVOTE RECORDING REQUIRED ON CERTAIN COMPENSATION LAWS. No. 951 (Senate Bill No. 441). An Act to require the recording of the Ayes and Nays upon each and every vote taken by each House of the General Assembly on any bill or resolution fixing the compensation of any official, except county and municipal officials; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Ayes and Nays shall be recorded upon each and every vote taken by each House of the General Assembly on any bill or resolution fixing the compensation or allowances of any official, except county and municipal officials. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974.

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TEACHERSCERTAIN ADDITIONAL ACCUMULATIVE SICK LEAVE AUTHORIZED, ETC. No. 952 (Senate Bill No. 451). An Act to amend an Act providing for sick leave for teachers in the public schools in this State, approved December 10, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 43), as amended, so as to allow additional accumulative sick leave under rules and regulations adopted by local boards of education; to provide the procedures connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for sick leave for teachers in the public schools in this State, approved December 10, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 43), as amended, is hereby amended by striking from Section 1 thereof the following: , but not cumulative from one school year to the next., and inserting in lieu thereof the following: ; provided, however, unused sick leave may be accumulated under rules and regulations adopted by the local board of education., so that when so amended, section 1 shall read as follows: Section 1. Each person employed as a teacher in any public school of this State shall be entitled to sick leave with full pay computed on the basis of one and one-fourth working days for each completed school month of service, such leave to be cumulative over each school year; provided, however, unused sick leave may be accumulated under rules and regulations adopted by the local board of education. A teacher may utilize sick leave upon the approval of the principal of the school in which such teacher is employed for absence due to illness or injury or necessitated by exposure

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to contagious disease in which the health of others would be endangered by his attendance on duty, or to illness or death in the teacher's immediate family. Teachers shall be charged with sick leave for absence only on days upon which they would otherwise work, and no charge against sick leave shall be made for absence on Sundays, holidays or other nonwork days. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974. GOVERNORREQUIRED TO MAKE ANNUAL REPORT ON CERTAIN ADMINISTRATION POLICIES AND GOALS. No. 953 (Senate Bill No. 471). An Act to require the Governor to make an annual report to the General Assembly on his administration's policies and goals on certain subjects; to provide for all matters relative thereto; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. (a) Beginning on July 1, 1975, and on such date each year thereafter, it shall be the duty of the Governor to furnish a written report to each member of the General Assembly stating his administration's policies and goals on the following subjects: (1) Intellectual Development (2) Human Development (3) Transportation and Communications (4) Economic Development

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(5) Protection of Persons and Property (6) Natural Environment (7) General Government. (b) The reports required of the Governor by subsection (a) of this section may include any subjects in addition to those required by said subsection. Such reports may be in such form as the Governor shall determine, and the Governor, at his discretion, may elect not to issue the report provided for herein during the last year of his term of office. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974. PRISONERSCERTAIN TRANSFERS PENDING APPEAL AUTHORIZED. No. 954 (Senate Bill No. 482). An Act to amend an Act providing for the temporary transfer of prisoners pending appeal to a state prison or county work camp, approved April 1, 1971, (Ga. L. 1971, p. 341), to provide for the transfer of certain prisoners pending appeal without the request of the prisoner or his attorney; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the temporary transfer of prisoners pending appeal to a state prison or county work camp, approved April 1, 1971, (Ga. L. 1971, p. 341), is hereby amended by striking in its entirety section 3 and inserting in lieu thereof a new section 3 comprised of four separately designated subparagraphs so that, when amended, section 3 shall read as follows:

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Section 3. (a) Except in the circumstances described in subparagraph (b) and subparagraph (c) of this section, the authority contained in Section 2 of this Act shall not be exercised as to any particular prisoner until and unless the prisoner or his attorney or both have requested of the trial judge the desired transfer to a state prison or county work camp pending outcome of the appeal. (b) The authority contained in section 2 of this Act may be exercised when the trial judge certifies in writing to the Director of Corrections that the continued custody in the local jail or lockup of a prisoner who has been convicted of the offense of murder, rape, kidnapping, or armed robbery, constitutes a dangerous condition which the local jail or lockup is not equipped to meet or control. (c) The authority continued in section 2 of this Act may be exercised when the trial judge certifies in writing to the Director of Corrections that the continued custody in the local jail or lockup of a prisoner whose testimony or actions contributed to the conviction of another prisoner held in the same local jail or lockup, presents a dangerous situation which the local jail or lockup is not equipped to meet or control. (d) The Director of Corrections may decline to accept any prisoner committed and transferred to his custody under the authority granted in this Act, if there does not exist adequate space in the system to maintain such prisoner. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming a law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974.

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CRIMESDISTRICT ATTORNEYS, ETC., ALLOWED TO CARRY CERTAIN WEAPONS. Code 26-2907 Amended. No. 955 (Senate Bill No. 494). An Act to amend Code section 26-2907, relating to exemptions from the provisions of Code section 26-2901, relating to carrying a concealed weapon, Code section 26-2902, relating to the carrying of deadly weapons at public gatherings, Code section 26-2903, relating to carrying pistols without licenses, and Code section 26-2906, relating to machine guns, so as to provide an additional exemption for the provisions of said Code section for district attorneys, investigators employed by and assigned to a district attorney's office, and assistant district attorneys; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 26-2907, relating to exemptions from the provisions of Code section 26-2901, relating to carrying a concealed weapon, Code section 26-2902, relating to the carrying of deadly weapons at public gatherings, Code section 26-2903, relating to carrying pistols without licenses, and Code section 26-2906, relating to machine guns, is hereby amended by adding, following the words and testing under the requirements of such contract, the following: ; and (5) district attorneys, investigators employed by and assigned to a district attorney's office, and assistant district attorney, so that when so amended Code section 26-2907 shall read as follows: 26-2907. Exemptions. Sections 26-2901, 26-2902, 26-2903, and 26-2906 shall not apply to or affect any of the following persons while engaged in pursuit of official duty or when authorized by Federal or State law, regulations or

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order: (1) peace officers; (2) wardens, superintendents, and keepers of prisons, penitentiaries, jails, or other institutions for the detention of persons accused or convicted of an offense; (3) persons in the military service of the State or of the United States; (4) persons employed in fulfilling defense contracts with the government of the United States or agencies thereof when possession of the weapon is necessary for manufacture, transport, installation, and testing under the requirements of such contract; and (5) district attorneys, investigators employed by and assigned to a district attorney's office, and assistant district attorneys. Code 26-2907 amended. A prosecution based upon a violation of sections 26-2901, 26-2902, 26-2903, or 26-2906 need not negative any exemptions. 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 21, 1974. DENTISTRYCERTAIN COLLEGES AUTHORIZED TO MAINTAIN CERTAIN COLLEGE CLINICS, ETC. Code 84-722 Amended. No. 956 (Senate Bill No. 498). An Act to amend Code section 84-722, relating to dental college clinics, as amended by an Act approved February 25, 1949 (Ga. L. 1949, p. 1367), so as to provide that nothing in Code Chapter 84-7 shall prohibit regularly chartered dental colleges or dental departments of reputable colleges and universities from maintaining college clinics under the supervision of registered demonstrators; to delete the requirements that such clinics be located in

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the county in which such school or college is located; to provide that nothing in said Code Chapter shall prohibit certain changes; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 84-722, relating to dental college clinics, as amended by an Act approved February 25, 1949 (Ga. L. 1949, p. 1367), is hereby amended by striking said Code section in its entirety and substituting in lieu thereof the following: Section 84-722. College clinics. Nothing in this Chapter shall prohibit regularly chartered dental colleges or dental departments of reputable colleges and universities from maintaining college clinics under the supervision of registered demonstrators, nor shall this Chapter prevent regularly licensed dental practitioners of other States and countries from giving clinics before any dental society or association of this State whose objects are the advancement and improvement of dentistry as a science. Code 84-722 amended. Nothing in this Chapter shall prevent regularly chartered and accredited dental schools or colleges in this State from establishing and collecting charges for services rendered by training students under the supervision of a licensed demonstrator. These charges shall not exceed charges made by similar dental schools and colleges located within the United States. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974.

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EVIDENCECERTAIN DEAF SIGN LANGUAGE INTERPRETERS AUTHORIZED IN CERTAIN PROCEEDINGS, ETC. No. 957 (Senate Bill No. 506). An Act to provide for the use of deaf sign language interpreters in certain administrative and judicial proceedings; to provide for notice of need and proof of disability; to provide for the furnishing of qualified interpreters to appointing authorities; to provide for the taking of an oath; to require qualifications for such interpreters; to provide for compensation; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Definition. As used in the Act, deaf person means any person whose hearing is totally impaired or whose hearing is so seriously impaired as to prohibit the person from understanding oral communications when spoken in a normal conversational tone. The term further includes, but is not limited to, a person who is mute and a person who is both deaf and mute. Section 2. Deaf person as participant in judicial or administrative proceeding; interpreter to be used. (a) Whenever any deaf person is a party to or a witness at a proceeding before any grand jury or in any trial court in this State, the court shall appoint a qualified interpreter of the deaf sign language to interpret the proceedings to the deaf person and to interpret his testimony. (b) Whenever any deaf person is the principal party in interest at a proceeding before any department, board, commission, agency or licensing authority of the State, any political subdivision of the State, or any municipality, the department, board, commission, agency or licensing authority conducting the proceedings shall appoint a qualified interpreter of the deaf sign language to interpret the proceedings to the deaf person and to interpret any testimony he may give.

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(c) In the event a person who is deaf is arrested for any alleged violation of a criminal law of this State, the arresting officer may interrogate or take a statement from such person provided that such interrogation and answers thereto shall be in writing and shall be preserved and turned over to the court in the event such person is tried for the alleged offense. (d) For the purposes of this Section, the term qualified interpreter means an interpreter certified by the National Registry of Interpreters for the Deaf, Georgia Registry of Interpreters for the Deaf, or, in the event an interpreter so certified is unavailable, an interpreter whose actual qualifications are otherwise appropriately determined. No qualified interpreter shall be appointed unless the appointing authority makes a preliminary determination that the interpreter is able to readily communicate with the deaf person and is able to accurately repeat and translate the statements of the deaf person. Section 3. Notice of need for interpreter; proof of disability. Every deaf person whose appearance before a proceeding entitles him to an interpreter except in a preliminary hearing in a criminal case under the provisions of section 2 of this Act shall notify the appointing authority of his disability not less than five (5) days prior to any appearance and shall request at such time the services of an interpreter; provided, that where a deaf person reasonably expects the need for an interpreter to be for a period greater than a single day, he shall so notify the appointing authority and such notification shall be sufficient for the duration of his participation in the proceedings, and provided, further, that whenever a deaf person receives notification of the time of an appearance before a proceeding less than five (5) days prior to the proceeding, he shall provide his notification and request as soon thereafter as practicable. An appointing authority may require a person requesting the appointment of an interpreter to furnish reasonable proof of his disability when the appointing authority has reason to believe that the person is not so disabled. Section 4. Coordination for interpreters; requests to

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Department of Human Resources. (a) The Department of Human Resources is authorized and directed to prepare, and continually update, a listing of qualified and available interpreters as defined in section 2(d). When requested by an appointing authority to provide an interpreter, the Department shall make all contacts and do all other things necessary to provide the appointing authority with the qualified interpreter at the time and place needed. (b) Whenever an appointing authority receives a valid request for the services of an interpreter, the authority shall request the Department of Human Resources to furnish the authority with a qualified interpreter at a time and place and for a period specified by the authority. Section 5. Interpreters; oath. Before participating in any proceedings subsequent to an appointment under the provisions of Section 1 of this Act, an interpreter shall make an oath or affirmation that he will make a true interpretation in an understandable manner to the person for whom he is appointed and that he will repeat the statements of such person in the English language to the best of his skill and judgment. Section 6. Interpreters; compensation. An interpreter appointed under the provisions of section 1 of this Act shall be entitled to a reasonable fee for his services, such fee not to exceed $50.00 per day of service, together with his actual expenses for travel and transportation. When the interpreter is appointed by a court, the fee shall be paid out of general county funds and when the interpreter is otherwise appointed, the fee shall be paid out of funds available to the appointing authority. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974.

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GRANTS AND SCHOLARSHIPS TO COLLEGE STUDENTS ATTENDING PRIVATE COLLEGES INCREASED, ETC. No. 958 (Senate Bill No. 564). An Act to amend an Act providing for grants to citizens of Georgia who are students attending colleges or universities in this State which are not branches of the University System of Georgia, approved April 14, 1971 (Ga. L. 1971, p. 906), so as to change the amount of such grant; to provide for the inclusion of graduate and professional students; 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 providing for grants to citizens of Georgia who are students attending colleges or universities in this State which are not branches of the University System of Georgia, approved April 14, 1971 (Ga. L. 1971, p. 906), is hereby amended by adding at the end of section 2 the following: Beginning with the 1974-75 academic year and for each year thereafter, the above amount of $400.00 shall be increased to $600.00. In the event the General Assembly does not appropriate sufficient funds to cover the grant of $600.00 per academic year, the greatest amount possible up to $600.00 shall be used as a grant but in no event shall the grant be less than $400.00, except under the conditions specified in Section 7 of this Act., so that when so amended, section 2 shall read as follows: Section 2. There is hereby granted to each eligible student attending an approved institution of higher learning the sum of $400.00 per academic year, which shall be distributed to the student as hereinafter provided. Beginning with the 1974-75 academic year and for each year thereafter, the above amount of $400.00 shall be increased

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to $600.00. In the event the General Assembly does not appropriate sufficient funds to cover the grant of $600.00 per academic year, the greatest amount possible up to $600.00 shall be used as a grant but in no event shall the grant be less than $400.00, except under the conditions specified in section 7 of this Act. Section 2. Said Act is further amended by adding at the end of section 3 (b) the following: (4) graduate or professional student during any academic year following the 1974-75 academic year;, so that when so amended section 3 (b) shall read as follows: (b) attends or plans to attend and carry a minimum academic load at an approved institution as a: (1) freshman or sophomore during the 1972-73 academic year; (2) freshman, sophomore or junior during the 1973-74 academic year; (3) undergraduate student during any academic year following the 1973-74 academic year; (4) graduate or professional student during any academic year following the 1974-75 academic year; Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974. COOPERATIVE EDUCATIONAL SERVICE AGENCIES ACT AMENDED. No. 960 (Senate Bill No. 631). An Act to amend an Act known as the Cooperative Educational Service Agencies Act, approved March 27, 1972

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(Ga. L. 1972, p. 550), so as to change the provisions relative to financing Cooperative Educational Service Agencies; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Cooperative Educational Service Agencies Act, approved March 27, 1972 (Ga. L. 1972, p. 550), is hereby amended by striking the period at the end of the fifth sentence of section 9 and by adding at the end of said fifth sentence the following: ; provided, however, upon the official request of a local system board of education, the State Board of Education may send directly to a CESA any funds allocated to the local system., so that when so amended section 9 shall read as follows: Section 9. Financing CESA's. From funds appropriated to the State Board of Education for such purpose, each CESA shall receive a basic annual allotment of State funds. The allocation of State funds to each CESA for fiscal year 1972-73 will be no less than the allocation of State funds to the respective Shared Service Project for fiscal year 1971-72, unless the services to be provided by the CESA in fiscal year 1972-73 shall be less than services provided by the respective Shared Service Project in fiscal year 1971-72 and provided that the appropriation for such purpose for fiscal year 1972-73 is not less than the appropriation for fiscal year 1971-72. All other financing will be based on contracts to supply service programs to member local school systems. The funds for these service programs, upon a contract approval basis, may be derived from local, State, federal or private sources. A CESA may not receive directly from the State Board of Education any State funds originally intended or directed by statutes to local school system boards of education; provided, however, upon the official request of a local system board of education, the State Board of Education may send directly to a CESA any funds allocated to the local system. The State Board of Education shall

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request annually of the General Assembly those funds needed for the maintenance and operation of CESA's. All State funds appropriated by the General Assembly for the purpose of financing the CESA's shall be administered by the State Board of Education. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974. CRIMESFRAUDULENT ATTEMPTS TO OBTAIN REFUNDS PENALIZED. Code 26-1709 Enacted. No. 961 (Senate Bill No. 643). An Act to amend Code Chapter 26-17, relating to deceptive practices, as amended, so as to provide that certain fraudulent attempts to obtain or the actual fraudulent obtaining of refunds are unlawful; to provide a penalty; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 26-17, relating to deceptive practices, as amended, is hereby amended by adding thereto a new Code section to be designated Code section 26-1709, to read as follows: 26-1709. Fraudulent attempts to obtain refunds. (a) It shall be unlawful for any person to give a false or fictitious name as his own, or to give the name or address of any other person without that person's knowledge and approval, for the purpose of obtaining or attempting to obtain a refund for merchandise returned to a business establishment or a refund on a ticket or other document which is evidence of a service purchased from a business establishment, which service is yet to be performed. Code 26-1709 amended.

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(b) Any person violating the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974. THE UNIFORM STANDARDS CODE FOR MOBILE HOMES ACT AMENDED. No. 962 (Senate Bill No. 658). An Act to amend an Act known as The Uniform Standards Code for Mobile Homes Act, approved February 12, 1973 (Ga. L. 1973, p. 4), so as to change the provisions relating to reciprocity; 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 Standards Code for Mobile Homes Act, approved February 12, 1973 (Ga. L. 1973, p. 4), is hereby amended by adding at the end of section 6 the following: The Commissioner may include in his exemption or exception the fee required of out-of-state manufacturers for each unit sold or offered for sale in Georgia as set forth in section 5 (f) of this Act, provided similar fees on units manufactured in Georgia are exempted or excepted by other states. No such exemption or exception shall be granted on units manufactured in any state which does not grant similar exemption or exception to units manufactured in Georgia. The licensing requirements of section 5 (a) and (e) shall not be subject to exemption or exception under any reciprocity agreement entered into by the Commissioner.,

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so that when so amended, section 6 shall read as follows: Section 6. Reciprocity. In the issuance of rules and regulations 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. The Commissioner may include in his exemption or exception the fee required of out-of-state manufacturers for each unit sold or offered for sale in Georgia as set forth in section 5 (f) of this Act, provided similar fees on units manufactured in Georgia are exempted or excepted by other states. No such exemption or exception shall be granted on units manufactured in any state which does not grant similar exemption or exception to units manufactured in Georgia. The licensing requirements of section 5 (a) and (e) shall not be subject to exemption or exception under any reciprocity agreement entered into by the Commissioner. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974. EDUCATIONCOUNTY AND REGIONAL PUBLIC LIBRARY PROVISIONS CHANGED, ETC. No. 963 (Senate Bill No. 665). 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 county and regional public libraries; to provide for distribution of funds directly to such county and regional public libraries; to provide for all matters

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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 striking from the end of section 25 the following: to the local unit of administration wherein such public library is located., and inserting in lieu thereof the following: by the State Board of Education directly to such county and regional public libraries. Only for the purpose of receiving State funds, as provided herein, county and regional public libraries shall be deemed to be local units of administration in addition to those local units of administration defined by Section 6 of this Act., so that when so amended section 25 shall read as follows: Section 25. County and Regional Public Libraries; Allotment of Librarians and State Funds. The State Board of Education shall annually determine the amount of funds needed to provide county and regional public libraries of the State with library books and materials by multiplying the total population of the State by a sum to be determined by the State Board which shall be not less than 16 cents per person. Public library funds shall be apportioned to county and regional public libraries in proportion to the area and population to be served by such libraries in accordance with regulations and minimum public library requirements prescribed by the State Board. Public library funds apportioned to a county or regional public library, together with the amount of funds needed by a county or regional public library for the purpose of paying the salaries of librarians allotted such library in accordance with regulations established by the State Board and the State minimum salary schedule for teachers and other certificated professional

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personnel, shall be distributed by the State Board of Education directly to such county and regional public libraries. Only for the purpose of receiving State funds as provided herein, county and regional public libraries shall be deemed to be local units of administration in addition to those local units of administration defined by Section 6 of this Act. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974. BOARD OF EXAMINERS OF PRACTICAL NURSES ACT AMENDED. No. 964 (Senate Bill No. 674). An Act to amend an Act creating the Board of Examiners of Practical Nurses, approved March 2, 1953 (Ga. L. 1953, Jan. - Feb. Sess., p. 333), as amended, particularly by an Act of April 14, 1967 (Ga. L. 1967, p. 593), and by an Act of March 31, 1965 (Ga. L. 1965, p. 455), so as to provide that the Board of Examiners of Practical Nurses may set reasonable fees for examinations, licensure, and renewal of licenses; to increase the per diem payable to members of the Board of Examiners of Practical Nurses from fifteen dollars per day to twenty-five dollars per day; 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 Examiners of Practical Nurses, approved March 2, 1953 (Ga. L. 1953, Jan. - Feb. Sess., p. 333), as amended, particularly by an Act of April 14, 1967 (Ga. L. 1967, p. 593), and by an Act of March 31, 1965 (Ga. L. 1965, p. 455), is hereby amended by striking section 3 of said Act in its entirety and inserting in lieu thereof a new section 3, to read as follows:

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Section 3. Applicants shall be required to pass an examination, written, oral, or practical, or any combination thereof prescribed by the board, and upon successful passage thereof, and upon satisfactorily complying with all other requirements of this Act, shall be issued a license to practice as a licensed practical nurse. All licenses issued under the provisions of this Act must be renewed periodically to be valid, and such renewal shall be accomplished pursuant to the provisions of Code section 84-104. The Board of Examiners of Practical Nurses shall be empowered to establish reasonable fees for the administering of examinations, the issuance of any licenses authorized by this Act, and the renewal or validation of any such licenses, notwithstanding any contrary provisions of section 4, section 5, or section 6 of this Act, relating to fees for examination, licensure, or renewal of licenses. Such fees shall be commensurate with the cost of fulfilling the statutory duties imposed upon the board by this Act. Examination. Section 2. Said Act is hereby further amended by striking the figure 15 in section 11 and inserting in lieu thereof the figure 25 so that when so amended section 11 shall read as follows: Section 11. There is hereby established an advisory committee composed of three registered professional nurses, two representatives from the Georgia Hospital Association, one representative from the Medical Association of Georgia, and one representative from the Vocational Education Service of the State Department of Education which committee will serve in an advisory capacity to the Board of Examiners of Practical Nurses of Georgia on matters pertaining to licensing of practical nurses, also training and instruction. This committee shall be appointed by the Governor from a list of at least six names submitted from the Registered Professional Nurses Association of Georgia, four from the Georgia Hospital Association, two from the Medical Association of Georgia, and two from the State Board of Education. Each member shall serve two years or until his or her successor is appointed. This committee shall have at least two meetings each year with the Board of Examiners of Practical Nurses. The members of said committee

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shall serve without compensation and shall recommend to the Governor ten practical nurses, who shall be registered as practical nurses following the recommendation of the advisory committee, from which the Governor shall appoint five to constitute a Board of Examiners of Practical Nurses. The terms of offices shall be two for four years, two for two years, and one for one year. Thereafter, they shall be appointed for four years upon recommendation of the advisory committee established in this Section. These board members shall be paid $25.00 per day plus mileage, hotel, and food. The board shall meet at least twice each year and may have call meetings upon notice of the chairman or Joint-Secretary of the State Examining Boards. Rules and regulations regarding the training of practical nurses shall be formulated by the advisory committee and the Board of Examiners of Practical Nurses. Committee. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974. BOARD OF EXAMINERS OF REGISTERED NURSESEXAMINATION FEES CHANGED, ETC. Code Chapter 84-10 Amended. No. 965 (Senate Bill No. 676). An Act to amend Code Chapter 84-10, relating to the practice of nursing, as amended, so as to provide that the Board of Examiners of Registered Nurses may establish reasonable fees for examinations, licenses, and renewals of licenses; to lower the minimum age for registration as a graduate nurse from twenty (20) to eighteen (18) years

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of age; to change the qualifications of applicants for registration as graduate nurses; 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 84-10, relating to the practice of nursing, as amended, is hereby amended by striking section 84-1007, relating to registration fees, in its entirety and inserting in lieu thereof a new section 84-1007, to read as follows: 84-1007. Fees. The Board of Examiners of Registered Nurses shall be empowered to establish reasonable fees for the administering of examinations, the issuance of any licenses, certificates or permits authorized by this Chapter, and the renewal or validation of any such licenses, certificates, or permits, notwithstanding any contrary provisions of Code sections 84-1010, 84-1012, or 84-1015, relating to the fees for examination and licensing of nurses, or for the renewal of such licenses. Such fees shall be commensurate with the cost of fulfilling the statutory duties of the Board as defined by this Chapter. Code 84-1007 amended. Section 2. Said Code Chapter is further amended by striking Code section 84-1008 in its entirety and inserting in lieu thereof a new Code section 84-1008, to read as follows: 84-1008. Qualifications of applicants for registration as graduate nurses; scope of examination. Each applicant for registration as a graduate nurse shall be at least 18 years of age, of good moral character, a graduate of a regular chartered training school for nurses, connected with a general hospital or sanitorium (in which medical, surgical, obstetrical, and pediatric cases, and where men, women, and children are treated), where three years of training with a systematic course of instruction on the above-mentioned classes of cases is given in the hospital or other educational institution, or shall have graduated from a training school connected with a hospital of good standing, supplying

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a three-years' training corresponding to the above standard, which training may be obtained in two or more hospitals, or shall have graduated from an associate degree program in nursing administered by junior colleges, colleges or universities utilizing hospital and other clinical facilities, such program not to be less than two academic years in length or shall possess a baccalaureate degree in nursing from an accredited college or university. All qualifications of the applicant shall be determined by the State Board of Examiners of Nurses of Georgia, which is empowered to prescribe such examinations for the applicants as will best test their fitness and ability to give efficient care to the sick. All applicants at the same examination shall be subject to the same kind of examination: Provided, however, that the Board of Examiners shall have the power to grant advanced credit, not in any case in excess of 12 months, for didactic and laboratory work done in an accredited college, or for credits, either time or scholastic, earned in an institution other than the one from which graduated. Code 84-1008 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 March 21, 1974. NORTHEASTERN JUDICIAL CIRCUITINVESTIGATOR PROVIDED, ETC. No. 967 (Senate Bill No. 724). An Act to provide for an investigator for the District Attorney of the Northeastern Judicial Circuit; to provide for the compensation and expenses of such investigator; to provide for the duties, powers and authority of the investigator; to provide for other matters relative to the

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foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The District Attorney of the Northeastern Judicial Circuit is hereby authorized to employ an investigator for the purpose of investigating violations of the law in the counties comprising said circuit. The District Attorney shall fix the compensation to be received by the investigator at a sum not to exceed $12,000.00 per annum, which shall be paid in equal monthly or semi-monthly installments from the funds of the counties comprising the Northeastern Judicial Circuit. It shall be within the sole power and authority of the 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 warrants, rules, orders and processes of any kind and serve as a peace officer and perform the same duties as may be performed by a sheriff. All expenses connected with the furnishing of the investigator, as provided for herein, shall be paid out of the funds of the counties comprising the Northeastern Judicial Circuit in the proportion that the population of each county bears to the population of all counties comprising the Northeastern Judicial Circuit, according to the U.S. Decennial Census of 1970, or any future such census. The governing authorities of such counties are hereby authorized and directed to furnish such supplies, equipment, automobiles, office space, utilities and other miscellaneous expenses as shall be responsible and necessary in connection with the official duties of said investigator. Such expenses shall be paid upon application by the District Attorney to the governing authorities of such counties. Investigator. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Intent to Introduce Local Legislation. Notice is hereby given that a local bill will be introduced in the 1974 Regular Session of the General Assembly to create an official in the Northeastern Judicial Circuit known as an Investigator for the District Attorney, to provide the method of local funding of pro-rata cost, and to provide for the payment of expenses for said investigator and to abolish conflicting laws and other purposes. This 25th day of January, 1974. /s/ Jeff C. Wayne District Attorney Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Howard T. Overby who, on oath, deposes and says that he is Senator from the 49th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cleveland Courier which is the official organ of White County, on the following dates: January 25, 1974, February 1, 8, 1974. /s/ Howard T. Overby Senator, 49th District. Sworn to and subscribed before me, this 18th day of February, 1974. /s/ Vivian Leigh Baxter Notary Public, Georgia State at Large. My Commission Expires Nov. 26, 1977. Notice of Intent to Introduce Local Legislation. Notice is hereby given that a local bill will be introduced in the 1974 Regular Session of the General Assembly to create an official in the Northeastern Judicial Circuit known

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as an Investigator for the District Attorney, to provide the method of local funding of pro-rata cost, and to provide for the payment of expenses for said investigator and to abolish conflicting laws and other purposes. This 25th day of January, 1974. /s/ Jeff C. Wayne District Attorney Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Howard T. Overby who, on oath, deposes and says that he is Senator from the 49th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Gainesville Tribune which is the official organ of Hall County, on the following dates: January 30, 1974, February 6, 13, 1974. /s/ Howard T. Overby Senator, 49th District Sworn to and subscribed before me, this 18th day of February, 1974. /s/ Vivian Leigh Baxter Notary Public, Georgia State at Large. My Commission Expires Nov. 26, 1977. Notice of Intent to Introduce Local Legislation. Notice is hereby given that a local bill will be introduced in the 1974 Regular Session of the General Assembly to create an official in the Northeastern Judicial Circuit known as an Investigator for the District Attorney, to provide the method of local funding of pro-rate cost, and to provide for the payment of expenses for said investigator and to abolish conflicting laws and other purposes. This 25th day of January, 1974. /s/ Jeff C. Wayne District Attorney.

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Howard T. Overby who, on oath, deposes and says that he is Senator from the 49th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dawson County Advertiser which is the official organ of Dawson County, on the following dates: January 31, 1974, February 7, 14, 1974. /s/ Howard T. Overby Senator, 49th District Sworn to and subscribed before me, this 18th day of February, 1974. /s/ Vivian Leigh Baxter Notary Public, Georgia State at Large. My Commission Expires Nov. 26, 1977. Notice of Intent to Introduce Local Legislation. Notice is hereby given that a local bill will be introduced in the 1974 Regular Session of the General Assembly to create an official in the Northeastern Judicial Circuit known as an Investigator for the District Attorney, to provide the method of local funding of pro-rata cost, and to provide for the payment of expenses for said investigator and to abolish conflicting laws and other purposes. This 25th day of January, 1974. /s/ Jeff C. Wayne District Attorney Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Howard T. Overby who, on oath, deposes and says that he is Senator from the

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49th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dahlonega Nugget which is the official organ of Lumpkin County, on the following dates: February 1, 8, 15, 1974. /s/ Howard T. Overby Senator, 49th District Sworn to and subscribed before me, this 18th day of February, 1974. /s/ Vivian Leigh Baxter Notary Public, Georgia State at Large. My Commission Expires Nov. 26, 1977. Approved March 21, 1974. GEORGIA POST MORTEM EXAMINATION ACT AMENDEDFEES CHANGED. No. 982 (House Bill No. 372). An Act to amend the Georgia Post Mortem Examination Act, approved March 11, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 602), as amended, particularly by an Act approved February 28, 1969 (Ga. L. 1969, p. 38), so as to change the fees to be paid medical examiners for performing certain services; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Georgia Post Mortem Examination Act, approved March 11, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 602), as amended, particularly by an Act approved February 28, 1969 (Ga. L. 1969, p. 38), is hereby amended by striking subsection (5) of section 3 in its entirety and inserting in lieu thereof a new subsection (5), to read as follows:

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(5) For each post mortem examination so performed, in cases where dissection of the body is not required, the medical examiner shall receive a fee of $35.00; and in cases where dissection of the body is required, he shall receive a fee of $110.00 for a partial post mortem examination and autopsy and a fee of $150.00 for a complete post mortem examination and autopsy; the fee in each case to be paid from funds of the county in which the act was committed, or if the county in which the act was committed is unknown, the county in which the body was found. In the event the place in which the act was committed is not known but is later established, the county in which the act was committed shall be responsible for payment of fees incurred by the medical examiner. Fees. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974. STATE EMPLOYEESCOMMISSIONER OF DEPARTMENT OF ADMINISTRATIVE SERVICES TO PROCURE BONDS. Code Chapter 40-19 Amended. No. 983 (House Bill No. 744). An Act to amend Code Chapter 40-19, relating to the Supervisor of Purchases (now Commissioner of the Department of Administrative Services), as amended, particularly by an Act approved March 6, 1962 (Ga. L. 1962, p. 644), so as to authorize the Commissioner to procure fidelity bonds covering State employees except such bonds of elected State officers or other officers required to give a special bond; to authorize the Commissioner to retain premium and other income to set up and maintain a reserve to meet the continuing liability established with other agencies of State Government and the expenses incurred in connection

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with the operation of such insurance program; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 40-19, relating to the Supervisor of Purchases (now Commissioner of the Department of Administrative Services), as amended, particularly by an Act approved March 6, 1962 (Ga. L. 1962, p. 644), is hereby amended by adding a new subsection at the end thereof, to be designated subsection H, to read as follows: H. To procure all fidelity bonds covering State employees required by law or administrative directive to give such bonds, and, in order to provide such bonds at a minimum expense to the State, such bonds may be procured under a master policy or policies providing insurance agreements on a group or blanket coverage basis with or without deductibles or excess coverage over the State's retention as determined by the Commissioner. In order to finance the continuing liability established with other agencies of State Government, the Commissioner is hereby authorized to retain all moneys paid to the Department as premiums on policies of insurance, all moneys received as interest and all moneys received from other sources, to set up and maintain a reserve for the payment of such liability and the expenses necessary to properly administer such insurance program. The Commissioner shall invest said moneys in the same manner as other such moneys in his possession. Provided, that this subsection shall not apply to bonds of elected State officers or other officers whose bonds are required by law to be specially given or conditioned in such manner as to make it impractical to comply with the provisions hereof. Bonds. Section 2. Said amendatory Act, approved March 6, 1962 (Ga. L. 1962, p. 644), is hereby amended by striking section 2, which reads as follows: Section 2. It shall be the duty of each department head to purchase fidelity bonds covering State employees, and it shall be the duty of each such department head to obtain at least three competitive bids on all schedule or blanket

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fidelity bonds purchased covering State employees required by law or administrative directive to be bonded., Repeal. in its entirety. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974. COUNTIES AND CERTAIN MUNICIPALITIES AUTHORIZED TO LEVY LOCAL INCOME TAX, ETC.REFERENDUM. No. 986 (House Bill No. 1011) An Act to authorize counties and certain municipalities to levy a local income tax under certain conditions; to provide for the administration and collection of such taxes; to provide for the distribution of the proceeds of said tax; to define certain terms; to provide the procedures for the discontinuance of said tax; to provide conditions which must be met prior to levying such tax; to authorize the State Revenue Commissioner to adopt rules and regulations for the administration of said tax; to provide that the imposition of said tax shall not be authorized under certain conditions; to provide for all matters relative to the foregoing; to provide how this Act shall become effective; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Subject to the requirement of a referendum election as provided by section 2 of this Act, the herein designated governing authorities of any county or municipality of this State, by ordinance or resolution enacted pursuant to the procedure set forth in this Act, may adopt a local income tax at the rate of one percent upon the entire Georgia taxable net income, as defined in Georgia Code section 92-3107 (Ga. L. 1971, pp. 605, 613), of every natural person resident of such county or municipality and of every

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corporation and fiduciary, with respect to so much of its Georgia taxable net income as is reasonably attributable to property owned and business done by it within such county or municipality, to be determined by application of the three factor ratio provided for in Georgia Code section 92-3113 (Ga. L. 1950, pp. 299, 300), as amended, provided, however, that any natural person whose gross income is less than $7,500 in any year shall not be subject to any tax imposed hereunder for such year. Section 2. Whenever the governing authority of any county wishes to impose the local income tax authorized by this Act, said governing authority shall notify the Ordinary or election board chairman of such county of the desire to impose such tax, and it shall be the duty of the Ordinary or election board chairman to issue the call for an election for the purpose of submitting the question of the imposition of such tax to the voters of said county for approval or rejection. The Ordinary or election board chairman shall set the date of such election for a day not less than 30 nor more than 45 days after the date of the issuance of the call, but in no event later than the first day of June of any calendar year. The Ordinary or election board chairman shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of said county. The ballot shall have written or printed thereon the following: () YES () NO Shall (name of county) County levy a local income tax? Referendum. All persons desiring to vote in favor of levying such tax shall vote Yes, and those persons opposed to levying such tax shall vote No. If more than 50 percent of the electors qualified to vote at such election cast a ballot therein and if more than one-half of the votes cast on such question are in favor of levying such tax, then such tax may be levied in accordance with the provisions of this Act, otherwise such tax may not be levied, and the question of the imposition of such tax may not again be submitted to the voters of said county within 24 months immediately following the month in which such election was held. It shall be the duty of the

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Ordinary or election board chairman to hold and conduct such election under the same rules and regulations as govern special elections, except as otherwise provided herein. It shall be his further duty to canvass the returns and declare and certify the result of the election and to certify the result thereof to the Secretary of State and to the State Revenue Commissioner. The expense of any such election shall be borne by the county wherein the election was held. Section 3. If such action is approved in a referendum election as provided by section 2 of this Act, the governing authority of the county shall be authorized to levy the income tax authorized by this Act by adopting a resolution evidencing such intent and a certified copy thereof shall be forwarded within ten days of its adoption to the State Revenue Commissioner. The effective date of the imposition of such tax shall be on the first day of January following the adoption of such resolution. Section 4. The tax levied pursuant to this Act shall be exclusively administered and collected by the State Revenue Commissioner for the use and benefit of the political subdivisions levying or entitled to the proceeds of such tax. Such administration and collection shall be accomplished in the same manner and subject to the same applicable provisions, procedures and penalties provided by the State income tax laws. Section 5. The proceeds of the tax collected by the State Revenue Commissioner shall be dispersed as soon as practicable following collection as follows: (a) One percent of the amount collected shall be paid into the general fund of the State Treasury in order to defray the cost of the administration. (b) Except for the percentage provided for in subsection (a) hereof, the county levying such tax shall receive that portion of the proceeds of such tax as the population of the unincorporated areas of such county bears to the total population of such county.

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(c) Except for the percentage provided for in subsection (a) hereof, each incorporated municipality lying wholly or partially within the county levying such tax shall receive that portion of the proceeds of such tax as such municipality's population, lying wholly within the county levying such tax, bears to the total population of such county. (d) As used in subsections (b) and (c) hereof, population means population as determined by the United States Decennial Census of 1970 or any future such census. Section 6. (a) In the event the governing authority of the most populous municipality within a particular county shall adopt a resolution requesting the governing authority of the county to levy the tax authorized by this Act and the governing authority of such county shall not initiate a referendum election as provided for by section 2 of this Act within 90 days after the adoption of the municipality's resolution, the governing authority of any municipality located in any such county shall be authorized to issue the call for a referendum election on the question of the imposition of such tax upon such municipality's residents. Provided, however, that as to DeKalb County, it shall be conclusively presumed that the City of Decatur is the most populous municipality within the meaning of this Act. The provisions of section 2 of this Act shall apply to a referendum election held by a municipality as provided herein except that: (1) The call for such referendum election shall be issued by the governing authority of the municipality and, (2) The municipal superintendent of elections shall carry out the duties prescribed for the Ordinary or election board chairman by said Section 2 and, (3) The question on the ballot shall be changed to apply to the municipality and, (4) The cost of the referendum election shall be borne by the municipality.

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(b) If the imposition of such tax is approved at the referendum election provided for by subsection (a) of this section, then the entire proceeds of such tax, except for the percentage provided for in subsection (a) of section 5 shall be disbursed to the municipality levying such tax, and the tax imposed by such a municipality shall be levied in the same manner and under the same conditions and in accordance with the provisions of this Act in the same manner as if a county were levying such tax. (c) In the event that any county shall subsequently hold a referendum election on the question of imposing the tax authorized by section 1 of this Act and the imposition of such tax is approved at such referendum election, then the authority of any municipality located within any such county to impose the tax authorized pursuant to subsections (a) and (b) of this section shall cease upon the effective date of the imposition of the local income tax by any such county. Section 7. As used within this Act, the term municipality shall mean only those incorporated municipalities which impose a tax other than the tax provided for by this Act and which provide at least three of the following services: (1) Water. (2) Sewerage. (3) Garbage collection. (4) Police protection. (5) Fire protection. (6) Library. The term resident shall have that meaning established pursuant to subsection (i) of Code section 92-3002, except that wherever in said definition the terms Georgia and this State shall be used, the following phrase the county imposing the local income tax shall be substituted where

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required in order to carry forth the natural meaning of the term resident when used and interpreted for the purposes of this Act. Section 8. Any political subdivision levying the tax authorized by this Act may cease to impose said tax effective on the first day of January following the adoption of a resolution evidencing its intent to discontinue levying such tax, provided a certified copy of said resolution is immediately transmitted to the State Revenue Commissioner. Section 9. As a condition precedent for authority to levy the tax authorized by this Act for the year following the initial year in which it is levied, the governing authority of any political subdivision receiving any proceeds from the imposition of such tax shall adjust the mill rate for ad valorem taxation for such political subdivision so that the aggregate revenue derived from ad valorem taxation by such political subdivision shall not exceed that total received from such taxation for the previous year less an amount which shall equal the net proceeds derived by such political subdivision from the tax imposed pursuant to this Act during the previous year. Section 10. The State Revenue Commissioner shall have the power and authority to promulgate such rules and regulations as shall be necessary in order that he might effectively and efficiently administer and enforce the collection of the tax authorized to be imposed by this Act. Rules. Section 11. Any other provisions of this Act to the contrary notwithstanding, if a county or municipality within a county levies a local retail sales tax, then such county and all municipalities within such county shall be bound by the terms and conditions of the Act authorizing such local retail sales tax for as long as such tax remains in effect in such county or in any municipality within such county, and such county and all municipalities within such county are prohibited from levying the tax authorized by this Act during such period of time. Sales tax.

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Section 12. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, the entire Act shall be void and of no force and effect. The General Assembly hereby declares that it would not have passed any part of this Act if it had known that any part of it would be declared or adjudged invalid or unconstitutional. Severability. Section 13. This Act shall not become effective unless the General Assembly shall enact and the Governor shall approve an Act authorizing the counties and certain municipalities of this State to impose a local sales and use tax. In such event, this Act shall become effective on the first day of July after such approval of said sales and use tax Act by the Governor. Effective date. Section 14. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974. LAND CONVEYANCE TO CITY OF CAIRO AUTHORIZED. No. 88 (House Resolution No. 461-1337). A Resolution. Authorizing the conveyance of certain real property located in Cairo, Grady County, Georgia; and for other purposes. Whereas, the State of Georgia is the owner of certain real property located in Cairo, Grady County, Georgia, which is currently under the control and jurisdiction of the Department of Agriculture; and Whereas, said real property is all that tract or parcel of land lying and being in the City of Cairo, Grady County, Georgia, and more particularly described as follows:

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A tract of land, lying and being in the City of Cairo, in Grady County, Georgia, and more particularly described as follows: Bounded on the North by the right of way of Eleventh Avenue, N. E., on the East by lands conveyed by R. A. Bell and Clayton R. Baker to Tom Linder as Commissioner of Agriculture of the State of Georgia, on the South by lands now or formerly owned by Singletary and on the West by lands owned by Leroy Ferguson.; and Whereas, the above described real property is no longer needed by the Department of Agriculture or the State of Georgia, and is therefore surplus; and Whereas, the City of Cairo is desirous of obtaining said tract of land for municipal purposes. Now, therefore, be it resolved by the General Assembly of Georgia that the Governor of Georgia, 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 Cairo; and (2) that the conveyance of said tract or parcel of land shall be approved by the State Properties Commission; and (3) that the conveyance of said tract or parcel of land shall be upon such terms and conditions and for such consideration as may be mutually agreed upon by the governing authority of the City of Cairo and the State Properties Commission. Be it further resolved that the Governor is hereby authorized to execute such deeds, documents and papers as may be necessary or convenient to transfer the title to such real property. Approved March 21, 1974.

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MUNICIPALITIESSTANDARDS FOR CONSTRUCTION OF CURBS ON CITY STREETS PROVIDED, ETC. No. 988 (House Bill No. 1276). An Act to provide certain standards for the construction of curbs on each side of city streets; to require curb ramps for handicapped persons; to provide 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. Curb ramping. (a) The standard for construction of curbs on each side of any city street, or any connecting street or road for which curbs have been prescribed by the governing body of the city having jurisdiction thereover, shall be not less than 1 ramp per lineal block giving on the crosswalks at intersections. Such ramps shall be at least 40 inches wide and so constructed as to allow reasonable access to the crosswalk for physically handicapped persons. (b) Standards set for curb ramping under subsection (a) shall not apply to any curb existing upon the effective date of this Act but shall apply to all new curb construction and to all replacement curbs constructed at any point in a block which gives reasonable access to a crosswalk; provided, however, that the standards set for curb ramping under subsection (a) shall apply to curbs on each side of the street circling the State Capitol; provided, further, that the standard for construction of curbs on each side of the street circling the State Capitol shall be not less than 2 ramps per lineal block giving on the crosswalks at intersections. Section 2. This Act shall become effective July 1, 1974. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974.

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EYEGLASSESPROVISION OF ACT REQUIRING CERTAIN LENSE SPECIFICATIONS, ETC., DELETED, ETC. No. 989 (House Bill No. 1306). An Act to amend an Act prohibiting 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), as amended by an Act approved April 13, 1973 (Ga. L. 1973, p. 746), so as to delete the provision prohibiting the distribution, sale or delivery of prescription eyeglasses or sunglasses unless such eyeglasses or sunglasses are fitted with lenses which meet certain specifications; to change the penalty provisions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act prohibiting 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), as amended by an Act approved April 13, 1973 (Ga. L. 1973, p. 746), is hereby amended by striking subsection (a) in its entirety, which read as follows: Section 1. (a) No person shall distribute, sell or deliver any prescription eyeglasses or sunglasses unless said eyeglasses or sunglasses are fitted with heat-treated glass lenses (of not less than 2mm optical center thickness, with average thickness between the center and the thinnest edge not less than 1.7mm and an edge thickness of not less than 1.0mm at the thinnest point of the edged lens), plastic lenses, or laminated lenses, except in those cases where the physician or optometrist, having found that such lenses will not fulfill the visual requirements of the particular patient, directs in writing the use of other lenses, and gives written notification thereof to the patient.,

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and by redesignating subsections (b) and (c) as subsections (a) and (b), respectively. Section 2. Said Act is further amended by striking section 2 in its entirety and substituting in lieu thereof, a new section 2, to read as follows: Section 2. Violation of section 1 of this Act shall be a misdemeanor and punished as follows: the first offense shall be punished by a fine of not more than $200.00; each subsequent offense shall be punished by a fine of not more than $500.00. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974. CLERKS OF SUPERIOR COURT REQUIRED TO NOTIFY PURCHASER OF PROPERTY OF POSSIBLE HOMESTEAD EXEMPTION. (300,000 - 600,000). Code Chapter 24-27 Amended. No. 990 (House Bill No. 1317). An Act to amend Code Chapter 24-27, relative to clerks of the superior courts, as amended, so as to require the clerks of the superior courts of counties having a population of not less than 300,000 nor more than 600,000, according to the United States Decennial Census of 1970, or any future such census, to provide for notices to purchasers of certain real property relative to homestead exemptions; to provide for all matters relative thereto; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 24-27, relative to clerks of the superior courts, as amended, is hereby amended by adding

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a new Code section between Code sections 24-2714 and 24-2715 to be designated Code section 24-2714.1 and to read as follows: 24-2714.1 Notice to purchasers of real property. As soon as practicable, after the clerk of the superior court of any county having a population of not less than 300,000 nor more than 600,000, according to the United States Decennial Census of 1970, or any future such census, files for record any warranty deed, mortgage or other instrument evidencing title to any real property, it shall be his duty to notify the purchaser of such real property, or the person who presented such instrument for recording, in writing by U. S. mail, that the purchaser of such real property should contact his tax receiver or tax commissioner to determine if such real property qualifies for a homestead exemption and to obtain further instructions from said tax receiver or tax commissioner relative to returning such real property for taxation and making application for homestead exemption. Such notification may be accomplished by sending a notice to the purchaser, or other person who presented the instrument for recording, at the time such instrument is returned to such purchaser, or other person, in substantially the following form: Code 24-2714.1 enacted. `NOTICE If the purchaser resides on the real property which is the subject of the enclosed instrument filed for record, such purchaser may be entitled to either a $2,000.00 or $4,000.00 homestead exemption. Such purchaser should apply for such homestead exemption at the office of the county tax commissioner or tax receiver.' Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974.

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AGRICULTURETOBACCOFLUE-CURED LEAFCONDITIONS PROVIDED FOR SALE, ETC. No. 991 (House Bill No. 1321). An Act to amend an Act relating to the sale of flue-cured leaf tobacco in this State, approved March 7, 1960 (Ga. L. 1960, p. 214), as amended, so as to further define the intent and purpose of said law; to provide additional conditions upon which licenses may be granted, suspended, or revoked; to provide for the orderly marketing of leaf tobacco by allocation of sales opportunity; to provide that persons, firms and corporations purchasing tobacco at auction at any flue-cured leaf tobacco auction sales establishment licensed hereunder shall be deemed to be a tobacco dealer; to provide for licenses for tobacco dealers; to provide for reports and records; to provide for rules and regulations; to provide for refusal, suspension and revocation 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 relating to the sale of flue-cured leaf tobacco in this State, approved March 7, 1960 (Ga. L. 1960, p. 214), as amended, is hereby amended by adding at the end of Section 1 the following: It is further found that external disruptive forces and influences upon buyers and sales opportunity have operated to effect discrimination and disadvantage upon flue-cured leaf tobacco producers in this State in the free entry and sale of their tobacco in interstate commerce. It is the intent and purpose of this Act to eliminate discrimination in the entry and sale of tobacco in commerce by providing for equitable allocation of sales opportunity and by providing for licensing of flue-cured leaf tobacco auction sales which will optimize the movement and sale in commerce of tobacco produced in this State, and eliminate discrimination against such movement and sale. Section 2. Said Act is further amended by adding, between

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sections 2A and 3, a new Section, to be designated as section 2B, to read as follows: Section 2B. In addition to other authority granted him by this Act, the Commissioner shall be authorized to deny issuance of, or to suspend or revoke, any license provided herein for any violation of this Act, or upon a finding that the applicant or licensee has engaged in conduct contrary to the expressed intent and purpose of this Act with respect to discrimination in the sale of tobacco. In the determination of discrimination in the sale of tobacco the Commissioner is authorized to consider, among other factors, the solicitation of tobacco for auction by an applicant or licensee in such manner as to unreasonably deplete sales opportunity required for the equitable movement and sale of tobacco produced in this State. Section 3. Said Act is further amended by adding, between sections 4 and 5, a new Section, to be designated as section 4A, to read as follows: Section 4A. In the event sales opportunity shall be designated or allocated to this State by any regulatory group or committee, the Commissioner shall be authorized to allocate such sales opportunity among the warehouses operating under license issued hereunder in such manner as to effectuate the expressed intent and purpose of this Act. The Commissioner may consider, among other factors, the history factor used by the regulatory group or committee for assigning sales opportunity for cross-belt tobacco, the previous five year sales history of such licensees, and the previous five year sales history of such licensees of selling Georgia grown tobacco, in order to effectuate an allocation which will eliminate or reduce discrimination against producers in this State in the entry and sale of their tobacco in commerce. In recognition of the unique characteristics of the marketing of tobacco by auction, and the necessity of immediate response to marketing conditions, such allocation of sales time need not be effected by the promulgation of regulations, but may be issued and published in such manner as the Commissioner deems necessary and

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expedient, provided that no such allocation shall be effective upon less than 24 hours actual notice to the affected licensee. Section 4. Said Act is further amended by adding, between sections 18 and 19, a new section, to be designated section 18A, to read as follows: Section 18A. Any person, firm or corporation, purchasing tobacco at auction at any flue-cured leaf tobacco auction sales establishment licensed hereunder shall be deemed to be a tobacco dealer. It shall be unlawful for any person, firm or corporation to engage in the business of a tobacco dealer without first having secured a license therefor from the Commissioner. There shall be no charge for such license, which shall be issued on an annual basis. Employees of a licensed tobacco dealer need not be individually licensed. The Commissioner is hereby authorized to provide by rule or regulation for the filing of reports and records by licensed tobacco dealers containing such information as the Commissioner shall deem necessary for the proper enforcement of this Act. The Commissioner may refuse, suspend or revoke any such license upon a showing of violation of any provision of this Act or any rule or regulation promulgated and adopted pursuant to this Act. Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974.

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MOTOR VEHICLESRURAL MAIL CARRIERS AUTHORIZED TO USE CERTAIN FLASHING LIGHTS. No. 992 (House Bill No. 1323). 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), as amended by an Act approved April 13, 1973 (Ga. L. 1973, p. 583), so as to authorize and direct the Commissioner of the Department of Public Safety to issue rural mail carriers permits for the duration of their employment as rural mail carriers to display two amber colored flashing lights on any vehicle operated by them for the purpose of delivering mail; to provide the fee therefor; 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), as amended by an Act approved April 13, 1973 (Ga. L. 1973, p. 583), is hereby amended by adding a new section, immediately following section 3, to be designated section 3A, to read as follows: Section 3A. Any other provisions of this Act to the contrary notwithstanding, the Commissioner of the Department of Public Safety is hereby authorized and directed to issue any rural mail carrier a permit for the duration of his employment as a rural mail carrier, upon application therefor, to display two amber colored flashing lights on any vehicle operated by him for the purpose of delivering mail. The fee for such permit shall be twenty-five dollars ($25.00) per vehicle. Permit. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974.

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ELECTIONSNOTICE OF CANDIDACYFALSE STATEMENTS IN NOTICE MADE MISDEMEANOR. Code Chapter 34-19 Amended. Code Chapter 34A-16 Amended. No. 993 (House Bill No. 1339). An Act to amend Code Chapter 34-19, relating to penalties for violations of the Georgia Election Code, as amended, so as to make it a misdemeanor to knowingly make any false statement in connection with filing a notice of candidacy; to provide for a penalty; to amend Code Chapter 34A-16, relating to penalties for violations of the Georgia Municipal Election Code, so as to make it a misdemeanor to knowingly make any false statement in connection with filing a notice of candidacy; to provide for a penalty; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 34-19, relating to penalties for violations of the Georgia Election Code, as amended, is hereby amended by adding a new Code section between Code sections 34-1901 and 34-1902, to be designated Code section 34-1901.1, and to read as follows: Section 34-1901.1. False statements in connection with notices of candidacy. (a) Any person knowingly making any false statement in connection with filing a notice of candidacy under the provisions of Code Section 34-1002, as now or hereafter amended, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor. Code 34-1901.1 enacted. (b) The solicitor of any state court, or the district attorney of the judicial circuit wherein the county lies, if no state court exists, of any county shall furnish all investigative personnel and facilities to the Secretary of State or the ordinary, as the case may be, as needed to determine the accuracy and correctness of all facts set forth in all notices

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of candidacy filed pursuant to Code section 34-1002 and shall commence prosecution of any person when it appears that a violation of this Code Section has occurred. (c) Where proper venue of any such prosecution would be in another county, the solicitor or district attorney whose office conducted the investigation shall forward all evidence and other data to the solicitor or district attorney of the county where venue is proper, and prosecution shall be commenced by such official. Section 2. Code Chapter 34A-16, relating to penalties for violations of the Georgia Municipal Election Code, is hereby amended by adding a new Code section at the end thereof, to be designated Code section 34A-1602, and to read as follows: Section 34A-1602. False statements. (a) Any person knowingly making any false statement in connection with filing a notice of candidacy under the provisions of Code section 34A-901, as now or hereafter amended, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor. Code 34A-1602 enacted. (b) The solicitor of any state court, or the district attorney if no state court exists, of the county in which all or the greater portion of any municipality is situated shall furnish all investigative personnel and facilities to the election superintendent as needed to determine the accuracy and correctness of all facts set forth in all notices of candidacy filed for a municipal election and shall commence prosecution of any person when it appears that a violation of this Code Section has occurred. (c) Where proper venue of any such prosecution would be in another county, the solicitor or district attorney whose office conducted the investigation shall forward all evidence and other data to the solicitor or district attorney of the county where venue is proper, and prosecution shall be commenced by such official. Section 3. This Act shall become effective upon its approval

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by the Governor or upon its becoming law without his approval. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974. METROPOLITAN ATLANTA RAPID TRANSIT OVERVIEW COMMITTEEMEMBERSHIP CHANGED, ETC. No. 90 (Senate Resolution No. 322). A Resolution. To amend a Resolution creating the Metropolitan Atlanta Rapid Transit Overview Committee, approved March 16, 1973 (Ga. L. 1973, p. 70), so as to change the membership of the Metropolitan Atlanta Rapid Transit Overview Committee; to direct the State Department of Transportation to assist the Committee; to establish a procedure whereby the Committee shall have the power to compel the attendance of witnesses and the production of documents in aid of its duties when the General Assembly is not in session; to authorize the Committee to bring appropriate legal action to enforce compliance with laws relating to the Metropolitan Atlanta Rapid Transit Authority and with subpoenas issued by the Committee; to authorize and direct the Attorney General to represent the Committee in such legal actions; to provide for a citizens advisory committee, or committees; to provide that such committee, or committees shall act in an advisory capacity only; to authorize the expenditure of funds by the Committee; to repeal a Resolution authorizing the expenditure of certain sums of money by the Atlanta Metropolitan Rapid Transit Authority Overview Committee, approved March 17, 1973 (Ga. L. 1973, p. 73); to repeal conflicting laws; and for other purposes. Be it resolved by the General Assembly of Georgia:

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Section 1. A Resolution creating the Metropolitan Atlanta Rapid Transit Overview Committee, approved March 16, 1973 (Ga. L. 1973, p. 70), is hereby amended by striking from said Resolution, the following: that there is hereby created the Metropolitan Atlanta Rapid Transit Overview Committee to be composed of the Chairman of the State Planning and Community 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., and substituting in lieu thereof, the following: Section 1. There is hereby created the Metropolitan Atlanta Rapid Transit Overview Committee to be composed of the following: the Chairman of the State Planning and Community Affairs Committee of the House; the Chairman of the County and Urban Affairs Committee of the Senate; 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;

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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; and three members of the House of Representatives and three members of the Senate appointed by the Governor, at least two 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. Section 2. Said Resolution is further amended by striking the following: 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., and substituting in lieu thereof, the following: Section 2. The State Auditor, the State Department of Transportation and the Attorney General shall make available to the Committee the services of their staffs' facilities and powers in order to assist the Committee in

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its discharge of its duties therein set forth. The Committee may employ staff and secure the services of independent accountants, engineers and consultants. Upon authorization by joint resolution of the General Assembly, the Committee shall have the power while the General Assembly is in session or during the interim between sessions to compel the attendance of witnesses and the production of documents in aid of its duties. In addition, when the General Assembly is not in session, the Committee shall have the power to compel the attendance of witnesses and the production of documents in aid of its duties, upon application of the Chairman of the Committee with the concurrence of the Speaker of the House and the President of the Senate. Section 3. Said Resolution is further amended by striking from said Resolution, the following: 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 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., and substituting in lieu thereof, the following: Section 3. The Metropolitan Atlanta Rapid Transit Authority shall cooperate with the Committee, its authorized personnel, the Attorney General, the State Auditor and the State Department of Transportation in order that the charges of the Committee, set forth herein, may

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be timely and efficiently discharged. The Authority 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 Attorney General is authorized to bring appropriate legal actions to enforce any laws specifically or generally relating to the Authority or as to any subpoenas issued by the Committee. 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. Section 4. Said Resolution is further amended by striking from said Resolution, the following: 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., and substituting in lieu thereof, the following: Section 4. In the discharge of its duties, the Committee

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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. To assist in evaluating the performance of the Authority, the Committee may appoint a citizens advisory committee, or committees. The citizens advisory committee, or committees, shall act in an advisory capacity only. Section 5. Said Resolution is further amended by striking from said Resolution, the following: 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., and substituting in lieu thereof, the following: Section 5. (a) The Committee is hereby authorized to expend State funds available to the Committee for the discharge of its duties. Said funds may be used for the purposes of compensating staff personnel, paying for services of independent accountants, engineers and consultants, paying necessary expenses of the citizens advisory committee, or committees, and paying all other

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necessary expenses incurred by the Committee in performing its duties. (b) The members of the Committee shall receive the same compensation, per diem, expenses and allowances for their service on the Committee as is authorized by law for members of interim legislative study committees. (c) The funds necessary for the purposes of this Resolution shall come from the funds appropriated to and available to the legislative branch of government. Section 6. A Resolution authorizing the expenditure of certain sums of money by the Atlanta Metropolitan Rapid Transit Authority Overview Committee, approved March 17, 1973 (Ga. L. 1973, p. 73), is hereby repealed in its entirety. Section 7. Said Resolution is further amended by adding a new section 3A to read: Section 3A. Unless extended by Joint Resolution of the General Assembly, this Resolution shall stand repealed on July 1, 1976. Repealer. Section 8. All laws and parts of laws in conflict with this Resolution are hereby repealed. Approved March 21, 1974. FUNDS IN STATE INSURANCE AND HAZARD RESERVE FUNDS AUTHORIZED TO BE USED FOR CERTAIN PURPOSES. No. 994 (House Bill No. 1351). An Act to amend an Act authorizing a self-insurance program for all of the State's insurable property, approved March 23, 1960 (Ga. L. 1960, p. 1160), as amended, so as to authorize the expenditure of moneys in the State Insurance

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and Hazard Reserve Fund to improve and protect State properties and to protect the lives of inhabitants thereof by contracting for the installation of automatic sprinkler systems and other fire protection systems; to provide that such expenditure shall be approved by the Fiscal Affairs Subcommittees of the Senate and House of Representatives; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act authorizing a self-insurance program for all of the State's insurable property, approved March 23, 1960 (Ga. L. 1960, p. 1160), as amended, is hereby amended by adding a new section immediately following section 2A, to be designated section 2B, to read as follows: Section 2B. The State Insurance and Hazard Reserve Fund is hereby authorized to execute contracts with reliable manufacturers of automatic sprinkler systems and other fixed fire protection systems for the installation of approved fire protection systems for all properties of the State, authorities, instrumentalities, bureaus and commissions which are insured or which may become insured in the future under the State self-insurance program. The cost shall be borne by the State Insurance and Hazard Reserve Fund and may not exceed $100,000 in any one fiscal year. The Fund shall be the sole judge as to where and to what extent such fire protection systems need to be installed for the protection of lives and property. All expenditures for the installation of fire protection systems and equipment shall be approved by the Fiscal Affairs Subcommittees of the Senate and House of Representatives. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974.

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DENTISTSCERTAIN REVOCATION OF LICENSES AUTHORIZED, ETC. No. 995 (House Bill No. 1361). An Act to amend an Act relating to the revocation and suspension of licenses by the Board of Dental Examiners of Georgia, approved February 9, 1937 (Ga. L. 1937, p. 627), which Act is amendatory of an Act regulating the practice of dentistry, approved August 17, 1920 (Ga. L. 1920, p. 132), as amended, so as to provide additional grounds for the suspension or revocation of a license; to provide that dentists serving on certain peer or review committees shall not be liable for damages for certain actions; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act relating to the revocation and suspension of licenses by the Board of Dental Examiners of Georgia, approved February 9, 1937 (Ga. L. 1937, p. 627), which Act is amendatory of an Act regulating the practice of dentistry, approved August 17, 1920 (Ga. L. 1920, p. 132), as amended, is hereby amended by adding at the end of section 13 of section A, two new subsections to be designated subsections (5) and (6) to read as follows: (5) Sustaining a physical or mental disability which renders further practice dangerous to himself or to his patients. (6) The clearly excessive prescribing or administering of drugs or treatment and the use of diagnostic procedures which are detrimental to the patient as determined by the customary practice and standards of the local community of licensees. Section 2. Said Act is further amended by adding between sections 13 and 14, a new Section to be designated section 13A, to read as follows:

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13A. No dentist licensed under Code Chapter 84-7 and acting or serving on a peer review committee or board or hospital review committee shall be liable for damages for any action of such board or committee or for any official action taken or recommendation made as a member of such board or committee. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974. PUBLIC TRANSPORTATION ACT AMENDEDEXEMPTIONS FOR FARMING, AGRICULTURAL AND FOREST MANAGEMENT EQUIPMENT PROVIDED. Code 95A-954 Amended. No. 996 (House Bill No. 1373). An Act to amend the Georgia Code of Public Transportation, Title 95A, approved April 18, 1973 (Ga. L. 1973, p. 947), so as to provide for a width and length exemption for dealers of farming or agricultural equipment or forest management equipment; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Georgia Code of Public Transportation, Title 95A, approved April 18, 1973 (Ga. L. 1973, p. 947), is hereby amended by striking section 95A-954 in its entirety and substituting in lieu thereof a new section 95A-954 to read as follows: Section 95A-954. Exemptions for farming, agricultural, and forest management equipment. The limitations of section

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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 limitation 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 and Defense Highways, by dealers or by the owner thereof or his agent, within a radius of 40 miles of the property of the dealer or owner. The foregoing exemptions do not apply to vehicles hauling or transporting forest products. Code 95A-954 amended. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974. CHILDRENCERTAIN EMPLOYMENT PERMITTED. No. 998 (House Bill No. 1391). An Act to amend an Act regulating employment of children, approved January 30, 1946 (Ga. L. 1946, p. 67), as amended, so as to provide that certain minors can work in wholesale and retail stores; 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 employment of children, approved January 30, 1946 (Ga. L. 1946, p. 67), as amended, is hereby amended by striking from the third unnumbered paragraph of section 1 the word Boys and substituting in lieu thereof the word Minors, so that when so amended said paragraph shall read as follows:

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Minors twelve and thirteen years of age may be permitted to work in wholesale and retail stores, provided work permits are procured as provided in section eight of this Act and provided there is compliance with the provisions of sections three, five and six as to hours of work. 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 21, 1974. PHARMACISTSCERTAIN TEMPORARY LICENSES AUTHORIZED. Code Chapter 79A-4 Amended. No. 999 (House Bill No. 1401). An Act to amend Code Chapter 79A-4, relating to pharmacists, approved April 4, 1967 (Ga. L. 1967, p. 296), as amended, so as to authorize the Joint Secretary, State Examining Boards, to issue temporary licenses under certain conditions; to provide for the expiration of temporary licenses; to provide for the limitation or restriction of licenses issued under Code Chapter 79A-4; 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 79A-4, relating to pharmacists, approved April 4, 1967 (Ga. L. 1967, p. 296), as amended, is hereby amended by adding a new subsection at the end of Code section 79A-404 to be designated subsection (e), to read as follows:

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(e) A temporary license may be issued by the Joint Secretary, State Examining Boards, upon the approval of the President of the State Board of Pharmacy if an applicant produces satisfactory evidence of fulfilling the requirements of this Section. All temporary licenses shall expire at the end of the month during which the first Board meeting is conducted following the issuance of such license, and may not be reissued or renewed. Code 79A-404 amended. Section 2. Said Code Chapter is further amended by adding a new Section immediately following Code section 79A-410 to be designated 79A-411, to read as follows: Section 79A-411. If the State Board of Pharmacy deems it necessary in order to protect the public, it may limit or restrict any license issued under this Chapter by the imposition of such reasonable conditions as it may deem appropriate. Code 79A-411 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. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974. CONVEYANCE OF LAND TO CITY OF AUGUSTA AUTHORIZED, ETC. No. 91 (Senate Resolution No. 329). A Resolution. Authorizing the conveyance of certain State-owned real property located in Richmond County, Georgia, to the City of Augusta and the acceptance of certain property owned by the City of Augusta, located in Richmond and

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Columbia Counties, Georgia, in consideration therefor; and for other purposes. Whereas, the State of Georgia is the owner of certain real property located in Richmond County, Georgia, now administered by the State Department of Natural Resources, being more particularly described as follows: All that tract or parcel of land consisting of 907.5 acres, with certain improvements, situated 5 miles generally east of Gracewood State School and Hospital and 7 miles south of the City of Augusta; bounded as follows: Beginning at the north end of the runway of Bush Field, Augusta Municipal Airport; bounded on the South and Southwest by the road known as U.S. Lock and Dam Road; bounded on the West and Northwest by New Savannah Road; bounded on the North by Butler Creek and property owned by R. A. Prior; bounded on the Northeast by property owned by Augusta Hardwood Company and R. H. Fleming; and bounded on the East and Southeast by property owned by Harrison and Simpkins. Said tract of land hereinafter referred to as the Big Farm property is more clearly defined on a plat prepared by Gracewood State School and Hospital in March 1973; and Whereas, the above described real property is no longer needed by the Department of Natural Resources or the State of Georgia, and is therefore surplus; and Whereas, the City of Augusta is the owner of certain real property located in Richmond and Columbia Counties, and comprising approximately 600 acres, more or less, presently under the administration of the City Canal, and the Rivers Wharves Department, and more particularly described as follows: All City-owned property along the Augusta Canal and the Savannah River in Columbia County, from and including the Lock and Dam on the Savannah River to the Columbia-Richmond County line; all City-owned property along the Savannah River and the Augusta Canal in

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Richmond County, from the Columbia-Richmond County line to the Gordon Highway (U. S. Highway 1) and all City-owned property along the Augusta Canal in Richmond County from the Columbia-Richmond County line to Twelfth Street in the City of Augusta including the City-owned land along the second and third levels of the Augusta Canal to a point where it re-enters the Savannah River, less and except that City land known as Allen Park. Said lands hereinafter referred to as the Augusta Canal property and delineated on a map compiled from information made available by the City of Augusta; and Whereas, the State of Georgia is desirous of obtaining certain portions of the City-owned Augusta Canal property for park, recreation, and related purposes; and Whereas, the City of Augusta, recognizing the recreational, tourism, cultural, historical and economic benefits, joins the Department in wishing to establish a State Park around the historic Canal and River; and Whereas, a plan to guide the conservation and utilization of lands and waters within the Augusta Canal-Savannah River corridor is now being prepared under the joint sponsorship of the Department of Natural Resources, the City of Augusta, and Richmond County; and Whereas, the City of Augusta is desirous of obtaining all or a part of the State-owned Big Farm property for expansion of its wastewater treatment facilities and other municipal purposes; and Whereas, the exchange of all or part of said parcels by and between the State of Georgia and the City of Augusta would mutually benefit both parties. Now, therefore, be it resolved by the General Assembly of Georgia that the State Properties Commission, by its Chairman, the Governor, acting for and on behalf and in the name of the State of Georgia, is hereby authorized

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and empowered to convey by appropriate instrument a fee interest in, or easement over, all or any part of the hereinabove described State-owned property, known as Big Farm, to the City of Augusta and to accept in consideration therefor, from the City of Augusta, a conveyance in fee of all or a part of the hereinabove described City-owned Augusta Canal property, subject to the following conditions: 1. that plats of survey of the tracts or parcels involved in the exchange be prepared and submitted to the State Properties Commission prior to the consummation of the exchange; and 2. that the said plats of survey, and such other documents as may be required, and any and all other terms, conditions, and agreements relating to such exchange of properties negotiated by and between the Department of Natural Resources and the City of Augusta, are satisfactory to and approved by the State Properties Commission. Approved March 21, 1974. AGRICULTUREPECANS PROCESSORS AND WHOLESALERS REQUIRED TO SECURE LICENSES, ETC. No. 1000 (House Bill No. 1402). An Act to require all pecan processors and wholesalers in the State of Georgia to secure a license from the Department of Agriculture; to define terms used herein; to authorize the Commissioner of Agriculture to prescribe forms for applications for license; to authorize the Commissioner of Agriculture to prescribe license forms; to provide that licenses shall remain in force unless revoked; to provide that licenses shall not be transferable; to authorize the Commissioner of Agriculture to provide standards and grades for pecans fit for human consumption;

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to require that all pecans sold by processors or wholesalers must conform to the standards and grades so established and be correctly labeled; to provide that improper grading or labeling shall authorize revocation of processor's or wholesaler's license; to require that processors and wholesalers destroy or render unfit for sale all pecans processed or held for sale by them which are unfit for human consumption; to provide that violation shall be cause for revocation of processor's or wholesaler's license; to provide that violation of any provision of this Act or rules and regulations promulgated hereunder shall constitute a misdemeanor and be punishable as such; to authorize the Commissioner of Agriculture to adopt and promulgate rules and regulations to implement this Act and to standarize and/or improve the quality of pecans marketed in Georgia; to provide that such rules and regulations shall have the force and effect of law; to authorize the Commissioner of Agriculture to enjoin violations of the provisions of this Act; to provide for severability; to repeal all laws or parts of laws in conflict with this Act; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Definition of terms. As used in this Act, the words set forth below shall be assigned the following meanings: ProcessorAny person, firm, partnership, or corporation engaged in the business of cracking, shelling, and grading pecan meats for sale or cleaning, grading, storing, bagging, or selling of in-shell pecans, but this term shall not include persons engaged solely in retail sales to the consumer. GrowerAny producer of pecans who does not engage in the business of a processor as defined above and who does not sell any pecans at wholesale other than those grown by him. WholesalerAny person, firm, partnership, or corporation other than a grower, as defined herein, who sells pecans to others for the purpose of resale. This term shall not apply

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to anyone selling pecans only direct to the consumer unless also engaged in the business of processing as herein defined. Section 2. No person, firm, partnership, or corporation shall engage in the processing of pecans or selling pecans at wholesale, other than those grown by him, within the State of Georgia without first obtaining from the Department of Agriculture of the State of Georgia a license to do so. Applications for licenses shall be on a form prescribed by the Commissioner of Agriculture. Duly issued licenses shall be on a form prescribed by the Commissioner of Agriculture and shall remain in force unless revoked but shall not be transferable. Section 3. The Commissioner of Agriculture shall prescribe standards and grades for pecans fit for human consumption. All pecans sold by processors or wholesalers must conform to the prescribed standards and grades and be labeled accordingly. Improper grading or labeling shall be cause for revocation of the processor's or wholesaler's license. Section 4. Pecans failing to meet the standards prescribed for pecans fit for human consumption shall be destroyed, crushed or rendered unfit for sale for human consumption by the processors or wholesalers of such pecans. Violation of this provision shall be sufficient cause for revocation of the processor's or wholesaler's license. Section 5. Violation of any provision of this Act or the rules and regulations promulgated hereunder shall constitute a misdemeanor and be punishable as such. Penalty. Section 6. The Commissioner of Agriculture of the State of Georgia is authorized to adopt and promulgate rules and regulations to implement the provisions of this Act and to accomplish its purposes and, after legally adopted and promulgated, such rules and regulations shall have the force and effect of law. Rules. Section 7. In addition to the remedies provided herein and notwithstanding the existence of an adequate remedy at

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law, the Commissioner of Agriculture is hereby authorized to apply to the Superior Courts of the State of Georgia for an injunction and such courts shall have jurisdiction and for good cause shown shall grant a temporary or permanent injunction or an ex parte or restraining order, restraining or enjoining any person, firm, partnership, or corporation from violating and continuing to violate any provision of this Act or any rules and regulations promulgated hereunder. Such injunction shall be issued without bond and may be granted notwithstanding the fact that the violation constitutes a criminal act and notwithstanding the pendency of any criminal prosecution for the same violation. Injunction. Section 8. Should any sentence, clause, phrase, or part of this Act be declared for any reason to be unconstitutional or invalid, the same shall not affect such remainder of this Act or any part hereof, other than the part so held to be invalid, but the remaining provisions of this Act shall remain in full force and effect, and it is the express intention of this Act to enact each provision of this Act independently of any other provision hereof. Severability. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974. COUNTY SHERIFFS AUTHORIZED TO CONTRACT WITH CERTAIN MUNICIPALITIES FOR LAW ENFORCEMENT SERVICES, ETC. (600,000 OR LESS) No. 1001 (House Bill No. 1425). An Act to authorize the sheriffs of the various counties of this State to contract with the governing body of any municipal corporation located in the county for the purpose of providing law enforcement services to the municipal corporation; to provide for such contracts and their provisions; to provide for the exercise of certain powers

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by the sheriff and deputy sheriffs; to provide for the authority and powers of municipal corporations and sheriffs; to provide for the reimbursement of costs; to provide for payments by municipal corporations into the general fund of the counties; to provide for the expenditure of contract funds; to provide that the sheriff may employ certain additional deputies and personnel and purchase certain automobiles, equipment, materials, supplies, and utilities; to exclude certain counties; 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 sheriffs of the various counties of this State are hereby authorized to contract with the governing body of any municipal corporation located within their respective counties with the written consent of the governing authority of the county for the purpose of providing law enforcement services to the municipal corporation. Such contracts may include undertakings by the sheriff to perform any police function, to exercise any police power, or to render any police service on behalf of the contracting municipal corporation. Upon the execution of any such contract and within the limitations contained in the contract, the sheriff and his deputies may exercise the same powers as possessed by the contracting municipal corporation with respect to police services and all powers necessary or incidental thereto. (b) Any contract authorized by this Act shall not affect, impair or limit the authority or powers of the municipal corporation or of the sheriff except as otherwise specified in the contract. Section 2. Such contracts shall provide for the reimbursement of the county for the costs incurred by the sheriff in providing contract services, including, but not limited to, the compensation of deputy sheriffs and other personnel, the costs of funding retirement benefits, insurance, workmen's compensation and other fringe benefits for deputies and personnel, the costs of training deputies

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and other personnel, and the costs of equipment, materials, supplies and utilities to the extent that such equipment, materials, supplies and utilities are not furnished by the contracting municipal corporation. Each contract shall provide for the ascertainment of the cost of providing contract services and shall be of such duration as may be agreed upon, unless in conflict with the provisions of any other general law or provision of the Constitution of this State. Section 3. All payments made by a municipal corporation under the terms of any contract authorized by this Act shall be made to the general fund of the county. Any funds paid into the general fund of the county pursuant to a contract shall be used for the purposes provided for in this Act and in the contract and shall be paid by the governing authority of the county. Section 4. Any other law to the contrary notwithstanding, the sheriff is hereby authorized to employ such additional deputies and personnel as may be provided for in any contract authorized by this Act, and purchase such automobiles, equipment, materials, supplies and utilities as may be provided for in any such contract, the compensation, benefits, expenses and costs of which shall be paid or funded by the governing authority of the county in an amount or amounts not exceeding the contract payments made by the municipal corporation into the general fund of the county. Section 4A. This act shall not apply to any county of 600,000 population or more as shown by the most recent Decennial Census. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974.

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CREDIT UNION DEPOSIT INSURANCE CORPORATION AUTHORIZED. No. 1002 (House Bill No. 1465). An Act to authorize the incorporation of a nonprofit Credit Union Deposit Insurance Corporation (hereinafter referred to as the Corporation) in this State; to provide for the procedures connected therewith; to provide for an appropriate investigation by the Department of Banking and Finance before articles of incorporation are approved by the Department; to provide for the issuance of a certificate of incorporation to the petitioners by the Secretary of State upon receipt of approval by the Department of Banking and Finance; to provide for amendments to the articles of incorporation; to provide for bylaws; to provide for powers of the Corporation; to provide for membership in the Corporation; to provide for membership fees; to provide for annual premiums and special assessments upon deposits and shares of member credit unions; to provide for deposit and share insurance; to provide for directors of the Corporation; to provide for supervision and examination of the Corporation by the Department of Banking and Finance; to provide for additional examinations by the Department of Banking and Finance upon request by the Corporation; to provide for independent audits; to provide for the revocation of membership of member credit unions by the Corporation; to provide for liquidation of certain credit unions; to provide certain sanctions by the Corporation for failure by member credit unions to pay any assessment or membership fee; to provide for administrative review of decisions or orders of the Corporation or the Department of Banking and Finance; to provide for tax exemptions; to provide for membership by building and loan associations; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. (a) Within one year after the effective date of this Act, the duly authorized representatives of not less

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than three credit unions chartered and existing under the laws of this State may petition the Secretary of State for incorporation of a nonprofit Credit Union Deposit Insurance Corporation, herein referred to as the Corporation. Such petition shall be accompanied by articles of incorporation in triplicate which shall include the following: (1) the name of the proposed corporation, which shall include the words Credit Union Deposit Insurance Corporation, and no corporation other than one incorporated pursuant to this Act shall use the words in sequence credit union deposit insurance corporation; (2) the location of its initial registered office; (3) the purpose and nature of the business of the Corporation which shall be to aid and assist any member credit union which is in liquidation or facing liquidation due to insolvency in order that the deposits and shares of any member shall be insured or guaranteed against loss in such amounts as may from time to time be established by the board of directors of the Corporation pursuant to the provisions of this Act; (4) membership in the Corporation, which shall be limited to State chartered credit unions operating in this State, approved for membership by the directors of the Corporation upon recommendation of the Commissioner of the Department of Banking and Finance of this State, hereinafter referred to as the Department; and (5) the term of existence of the Corporation, which shall be perpetual unless otherwise limited. (b) Upon receipt of the articles, the Secretary of State shall forward one copy to the Department. (c) Before the articles are approved by the Department, an appropriate investigation shall be made by the Department for the purpose of determining

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(1) whether the articles conform to the provisions of this Act, (2) the general character and fitness of the petitioners; (3) the economic advisability of establishing the proposed corporation; and (4) whether such corporation would cause undue harm to a corporation already existent under this Act. Upon approval of the articles in writing by the Department, such written approval shall be delivered to the Secretary of State. (d) Upon receipt of the approval of the Department, the Secretary of State shall thereupon issue a certificate of incorporation to the petitioners. Section 2. Amendments to the articles of incorporation, adopted by a vote of two-thirds of the member credit unions present at an annual meeting or a special meeting called for that purpose, shall be filed with the Secretary of State in the same manner as the original articles and shall become effective upon approval by the Department and subsequent notification of the Secretary of State. Section 3. (a) At its organizational meeting, the membership of the Corporation shall adopt bylaws to govern the operations of the Corporation which shall be submitted to the Department for approval. If found to be consistent with this Act, conducive to the purposes for which the Corporation was formed, and equitable to all members, the bylaws shall be approved by the Department. (b) The original bylaws shall be adopted by and may thereafter be amended by a vote of at least two-thirds of the members present and voting. Section 4. The Corporation may: (a) enter into contracts, including contracts for reinsurance; Powers.

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(b) sue and be sued; (c) adopt, use and display a corporate seal; (d) advance funds in accordance with agreed terms and conditions to aid member credit unions to operate and to meet liquidity requirements; (e) assume control of the property and business of any member credit union upon the written direction of the Department and operate the credit union in accordance with the recommendations of the Department; (f) assist in the merger, consolidation or liquidation of member credit unions; (g) receive money or other property from its member credit unions, or any corporation, association, or person; (h) invest its funds in such manner as permitted to credit unions under the laws of this State, and in such other manner as may be approved by the Department; (i) borrow money from any source upon such terms and conditions as the board of directors may determine; (j) purchase in its own name, hold and convey property of any nature necessary for the convenient transaction of its business; (k) receive by assignment or purchase from its members any property of any nature owned by those members; (l) sell, assign, mortgage, encumber or transfer property of any nature; (m) declare and pay dividends on membership fees with the approval of the Department; (n) adopt and amend bylaws, rules and regulations carrying out the purposes of the Corporation.

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Section 5. (a) Any State chartered credit union may become a member of the Corporation upon application by its directors, recommendation of the Department, and approval of the directors of the Corporation. Membership. (b) Before making its recommendation, the Department shall consider: (1) the history, financial condition and management policies of the applicant; (2) the economic advisability of insuring the applicant without undue risk to the fund; (3) the general character and fitness of the applicant's management; (4) the convenience and needs of the members to be served by the applicant; and (5) whether the applicant is a cooperative association organized for the purpose of promoting thrift among its members and creating a source of credit for provident or productive purposes. (c) Membership in the Corporation may be terminated upon thirty days' written notice to the Corporation and after providing evidence satisfactory to the Department that alternate, comparable insurance of deposits has been obtained by the credit union. Upon termination of membership, the credit union shall be entitled to the refunds set forth in subsection (d) of Section 6. Section 6. (a) Each credit union accepted for membership with the exception of newly formed credit unions shall be required to pay a membership fee of one percent of the deposits and shares of the credit union up to $1,000,000.00, plus one-half of one percent of the deposits and shares of the next $4,000,000.00, plus one-fourth of one percent of the deposits and shares over $5,000,000.00; provided, however, that the maximum amount of the required fee shall be $100,000.00. Payment of the membership fee may be

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made in three equal installments, the first installment being due upon the approval of the member credit union's application, and the remaining two installments being due annually thereafter. Fees. (b) Minimum membership fees for newly formed credit unions accepted for membership shall be established by the board of directors with the approval of the Department. (c) Membership fees, when paid by the individual member credit union, may be charged to its regular reserve account, or undivided earnings, or may be established as an asset, or charged in such other manner as may be approved by the Department. (d) The membership fee and annual premiums of each member credit union may be refunded in whole or in part to the extent that the unencumbered funds of the Corporation exceed two percent of the aggregate total deposits and shares of the member credit unions as determined by the most recent call report of condition submitted to the Department. Special assessments levied pursuant to subsection (b) of seciton 7 may be repaid in such manner as may be approved by the directors of the Corporation with approval by the Department. Refunds may be paid only to members of the Corporation at the time of declaration by the directors of the Corporation in proportion to their paid-in membership fees. (e) Upon termination or revocation of membership, the credit union shall be entitled to refunds as follows: (1) membership fees in full within thirty days; (2) pro rata portion of annual premium which is unearned by the Corporation in full within thirty days; (3) any special assessments in accordance with its terms. Section 7. (a) A regular annual premium, not to exceed one-twelfth of one percent of the member credit union's deposits and shares shall be levied by the directors of the

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Corporation. Such premium may be raised, lowered or waived annually by the directors, with prior approval by the Department in the event that the total funds held by the Corporation justify or require such change. Premium. (b) In the event of potential impairment of the Corporation's funds, special assessments may be levied by the directors of the Corporation with the prior approval of the Department; provided such special assessments shall not exceed one percent of each member credit union's deposits and shares. Such special assessments shall be in the form of loans from the member credit union to the Corporation. (c) Annual premiums and special assessments shall be based upon deposits and shares of member credit unions as reported to the Department in its most recent annual call report of condition and shall be payable within thirty days of the date on which the Corporation notifies its members of such assessment. (d) Annual premiums paid hereunder shall be charged to the operating expenses of each member credit union. (e) In the event of liquidation of the Corporation, all assets remaining after the payment or provision for payment of all debts and taxes and expenses of liquidation shall be distributed to the then existing member credit unions in proportion to their membership fees paid into the Corporation. Section 8. (a) Upon receipt of the first installment of the prescribed membership fee from the credit unions which have agreed to become members of the Corporation as provided in this Act, the Corporation may commence its insurance of the deposits and shares of the member credit unions. (b) Each member credit union may advise its members and advertise that its deposits and shares are insured by the Corporation, in such manner established by the directors of the Corporation and with approval by the Department, upon receipt of a notification from the Corporation that it

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has been accepted for membership in the Corporation by its directors. (c) The amount of insurance coverage on deposits and shares provided by the Corporation may be increased from time to time by the directors of the Corporation with the approval of the Department; provided, however, that in no event may the insurance be increased in amount beyond that provided by the Federal Deposit Insurance Corporation, the Federal Savings Loan Insurance Corporation, and the National Credit Union Administration. (d) No other forms of insurance except that authorized by this Section may be sold or offered by the Corporation. Section 9. The Corporation's business shall be conducted by the incorporators who shall serve until the organizational meeting of the Corporation, at which time not less than three directors shall be elected by the members of the Corporation in accordance with the bylaws. Thereafter, the Corporation's business shall be conducted by the directors. Section 10. The Corporation shall not be deemed an insurance company within the meaning of the laws of the State of Georgia relating to insurance or providing for the supervision of insurance companies, but it shall be subject to the exclusive supervision of the Department. The Department shall exercise the same powers and authority over the Corporation as is now or hereafter exercised over banks, credit unions and building and loan associations under its jurisdiction, and shall issue such rules and regulations as shall be necessary to carry out its responsibilities under this Act. Section 11. (a) The Department shall forward to the Corporation copies of all examination reports of member credit unions or summaries thereof. In the event a summary is provided, the Corporation may request a complete and full report. (b) The Corporation may request the Department to conduct additional examinations or to order independent

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audits of the records of member credit unions. The Department shall cooperate with the Corporation upon such a request but shall use its discretion in determining the scope and timing of such additional examinations or audits. (c) If the directors of the Corporation ascertain evidence of carelessness, unsound practices or mismanagement of any member credit union which appears to adversely affect the solvency of the credit union or threatens undue loss to the Corporation, the directors may order that corrective action be taken, or revoke the credit union's membership in the Corporation, and recommend to the Department that the credit union be liquidated. The Department shall be provided a copy of any such order or letter of revocation. In the event of revocation of its membership, the credit union shall notify all of its members of such revocation and that the deposits and shares are no longer insured by the Corporation; provided, in the event membership is revoked, insurance coverage shall continue in effect for 180 days. No refund required by subsection (e) of section 6 shall be payable until after insurance coverage is terminated. (d) If any member credit union shall fail to pay any assessment or membership fee lawfully required under this Act, the directors of the Corporation shall notify the Department, and the Department shall forthwith notify the credit union in writing. The failure of such credit union to make such payment within fifteen days after the said written notice may subject the credit union to the sanctions set forth in subsection (c) of this section. Section 12. (a) If a credit union is aggrieved by a decision or order of the Corporation, or if the Corporation is aggrieved by a decision or order of the Department, the credit union or the Corporation, as the case may be, shall, upon appropriate petition and after due notice, be entitled to a hearing and administrative review of the action before the Department, which may stay enforcement of such actions pending the administrative review. (b) Judicial review of such decisions or orders other than decisions or orders to revoke a credit union's membership

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shall not be available unless the aggrieved party has sought administrative review under this Section. Section 13. The Corporation shall be exempt from all State and local taxes except real property taxes. Tax exemption. Section 14. Any building and loan association chartered under the laws of the State of Georgia shall be entitled to membership under this Section. Section 15. 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 woud have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 16. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974. REVENUEMEANING OF NET INCOME TAXATION CONFORMED TO INTERNAL REVENUE CODE. Code 92-3108 Amended. No. 1003 (House Bill No. 1476). 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, 1974; to

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provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 92-3108 of the Code of Georgia, as amended, is amended by striking the date January 1, 1973 wherever it appears in the second paragraph of said section and inserting in lieu thereof the date January 1, 1974 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, 1974, 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, 1974. Code 92-3108 amended. Section 2. This Act shall become effective immediately upon its approval, or its otherwise becoming a law, and shall apply to all taxable years beginning on or after January 1, 1974. Effective date. Section 3. All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974. CERTAIN COUNTIESORDINARIES AUTHORIZED TO APPOINT CLERKS, ETC. (23,450 - 23,550). Code 24-1801 Amended. No. 1004 (House Bill No. 1482). An Act to amend Code section 24-1801 (Ga. L. 1851-2, p. 50.) relating to Clerks of County Ordinaries so as to authorize the Ordinary in counties whose population is not less than 23,450 nor more than 23,550 according to

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the United States Decennial Census of 1970 or of any future United States Decennial Census, to appoint a Clerk whose salary shall be paid from County funds which salary shall not exceed the sum of $5,000.00 per annum; to repeal a specific law; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by virtue of the authority thereof as follows: Section 1. Code section 24-1801 (Ga. L. 1851-2, p. 50.) relating to Clerks of County Ordinaries is hereby amended by adding to the end thereof the following: Provided, however, in all counties having a population of not less than 23,450 nor more than 23,550 according to the United States Decennial Census of 1970 or any future United States Decennial Census, the Ordinary of such Counties are hereby authorized to employ a Clerk whose salary shall be paid from County Funds, which salary shall not exceed the sum of $5,000.00 per annum. Code 24-1801 amended. Section 2. The Act amending Code section 24-1801 (Ga. L. 1851-2, p. 50.), relating to Clerks of County Ordinaries which amendatory Act is contained in Ga. L., 1966 Sess., p. 53-54, and which was approved on February 28, 1966, which authorized the Ordinaries in Counties whose population was not less than 23,750 nor less than 23,850 according to the United States Decennial Census of 1960 or of any future United States Decennial Census to appoint a Clerk to be paid from County funds be, and the same hereby is, repealed in its entirety. Section 3. This Act shall become effective immediately upon its passage by the General Assembly of Georgia and upon its approval by the Governor or upon its becoming law without the approval of the Governor. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974.

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JURIESGOVERNING AUTHORITY TO PRESCRIBE FEES, ETC. (600,000 OR MORE). Code 59-120(a) Enacted. No. 1007 (House Bill No. 1503). An Act to amend Code Chapter 59-1, pertaining to jurors, as amended, so as to provide that in certain counties, the governing authority in such counties shall prescribe the compensation to be paid jurors and bailiffs; to provide the procedure in connection therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 59-1, pertaining to juries, as amended, is further amended by inserting following Code section 59-120, a new Code section which shall be known as Code section 59-120(a), which shall read as follows: Section 59-120(a). Not withstanding any other provisions of law, in all counties having a population in excess of 600,000 according to the 1970 United States Census or any future such Census, the compensation of all jurors and Court Bailiffs shall be fixed by the County Governing Authority within the limits prescribed by law. Such compensation shall be fixed on or before November 1st of each year for the next succeeding year. Code 59-120(a) enacted. Section 2. This Act shall become effective when it is signed by the Governor or otherwise becomes a law. Effective date. Section 3. All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974.

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GEORGIA CIVIL DEFENSE ACT AMENDED. No. 1008 (House Bill No. 1507). 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 15, 1973 (Ga. L. 1973, p. 74), so as to provide that the emergency powers of the Governor shall include the power to designate any and all peace officers and law enforcement personnel to enforce the penal and criminal statutes of this State in any portion of the State which the Governor declares to be in a state of emergency or disaster; to provide that all non-governmental rescue organizations, associations, groups, teams or individuals must be licensed by the State Director of Civil Defense; to provide that this Act does not in any way amend, repeal, alter or affect in any manner a certain Act of the General Assembly; to authorize injunctive action to restrain violations of the provisions of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. 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 15, 1973 (Ga. L. 1973, p. 74), is hereby amended by adding a new subsection at the end of section 7, to be designated subsection (d), to read as follows: (d) The Governor, during the period that a state of emergency or disaster exists or continues, is authorized to designate and assign any and all peace officers and law enforcement personnel of the State and its instrumentalities to enforce the penal and criminal laws of this State in the area in which a state of emergency or disaster has been declared to exist by the Governor. Said peace officers and law enforcement personnel shall have full authority to enforce the criminal and penal laws of this State, notwithstanding any limitation otherwise provided by law on their authority.

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Section 2. Said Act is further amended by striking section 27 in its entirety and substituting in lieu thereof a new section 27, to read as follows: Section 27. All non-governmental 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, shall be prohibited from performing any rescue or civil defense type activity until such organization, association, group, team or individual has been licensed by the State Director of Civil Defense to perform said activities. It is expressly declared to be the intent of this Act to in no way amend, repeal, alter or affect in any manner the provisions of an Act relieving any person who renders emergency care at the scene of an emergency from civil liability when such care or services are rendered without charge and in good faith, approved March 3, 1962 (Ga. L. 1962, p. 534). Section 3. Said Act is further amended by adding following section 28, a new Section, to be designated section 29, to read as follows: Section 29. The State Director of Civil Defense or any person, corporation, firm or association, in addition to the remedies set forth herein, may obtain from a court of competent jurisdiction an injunction to restrain violation of the provisions of this Act. The grant of an injunction is authorized notwithstanding the availability of adequate remedies at law. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974. GEORGIA FORESTRY COMMISSION AUTHORIZED TO PARTICIPATE IN CERTAIN FIRE PROTECTION ASSISTANCE PROGRAMS, ETC. No. 1010 (House Bill No. 1534). An Act to amend an Act creating the Georgia Forestry Commission, approved March 3, 1955 (Ga. L. 1955, p.

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309), as amended, so as to authorize the Georgia Forestry Commission to participate in certain federally-funded fire protection assistance programs; to provide the procedures connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Georgia Forestry Commission, approved March 3, 1955 (Ga. L. 1955, p. 309), as amended, is hereby amended by adding following section 17 a new section, to be known as section 17A, to read as follows: Section 17A. (a) The Commission may enter into agreements with the Secretary of Agriculture of the United States in order to participate in the federal rural community fire protection program authorized by public law 92-419, whereby the federal government provides financial assistance to the states on a matching basis of up to fifty percent (50%) of expenditures for such purposes. (b) With respect to the formulation of projects relating to fire protection of livestock, wildlife, crops, pastures, orchards, rangeland, woodland, farmsteads, or other improvements, and other values in rural areas, for which such federal matching funds are available, any participating county or fire department may contribute to the nonfederal matching share and may also contribute such other nonfederal cooperation as may be deemed necessary by the Commission. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974.

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BLOOD TESTSMEDICAL EXAMINER MAY TAKE CERTAIN SAMPLE FOR ANALYTICAL PURPOSES, ETC. No. 1011 (House Bill No. 1536). An Act to amend an Act known as the Georgia Post Mortem Examination Act, approved March 11, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 602), as amended, so as to authorize a medical examiner or his designee to obtain a blood sample from any person admitted to a hospital or morgue whenever any such person is unable to give his consent to the taking of a sample of blood for analytical purposes; to authorize the medical examiner or his designee to test the blood sample for the presence of intoxicating substances; to change the fee the medical examiner or his designee shall be entitled to receive for performing these services; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Georgia Post Mortem Examination Act, approved March 11, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 602), as amended, is hereby amended by striking section 28 in its entirety and inserting in lieu thereof a new section 28, to read as follows: Section 28. When any person has been admitted to a hospital or morgue as a result of any casualty and for any reason whatsoever is unable to give his consent to the taking of a sample of blood for analytical purposes, the peace officer in charge of the investigation of the circumstances surrounding the casualty may notify a medical examiner for the purpose of obtaining a blood sample to test for the presence of intoxicating substances. The blood may be drawn by the medical examiner or at his direction. The medical examiner or his designee shall be entitled to a fee of ten dollars ($10.00) for performing these services and shall be paid in the same manner as hereinbefore set out. The blood specimen so taken shall be submitted to the Crime Laboratory for analysis by the medical examiner or the

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peace officer in charge, and a certified report submitted by the Laboratory to the submitting officer. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974. UNIFORM ACT REGULATING TRAFFIC ON THE HIGHWAYS AMENDEDBLOOD TESTSQUALIFICATIONS OF TECHNICIANS CHANGED. No. 1012 (House Bill No. 1537). An Act to amend an Act known as the Uniform Act Regulating Traffic on the Highways, approved January 11, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 556), as amended, particularly by an Act approved March 27, 1968 (Ga. L. 1968, p. 448), so as to change the qualifications of medical or laboratory technicians or aides who withdraw blood from patients for the purpose of determining the alcoholic content therein; 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 the Highways, approved January 11, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 556), as amended, particularly by an Act approved March 27, 1968 (Ga. Laws 1968, p. 448), is hereby amended by striking subsection (d) of section 47 in its entirety and inserting in lieu thereof a new subsection (d), to read as follows: (d) Only a licensed physician, registered nurse, medical examiner, or a medical or laboratory technician or aide who draws blood from patients as part of his regular duties may withdraw blood for the purpose of determining the alcoholic content therein. This limitation shall not apply to the taking of breath specimens.

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Section 2 . Said Act is further amended by striking subsections (f) and (h) of section 47A in their entirety and inserting in lieu thereof new subsections (f) and (h), to read as follows: (f) Only a licensed physician, registered nurse, medical examiner or a medical or laboratory technician or aide who draws blood from patients as part of his regular duties, acting at the request of a law enforcement officer may withdraw blood for the purpose of determining the alcoholic content therein. This limitation shall not apply to the taking of breath specimens. Only those persons provided for in subsection (c) of section 47 shall conduct the appropriate tests to determine the alcoholic content thereof. (h) No licensed physician, registered nurse, medical examiner, or medical or laboratory technician or aide shall incur any civil or criminal liability as a result of the proper obtaining of such specimens for the purpose of determining the alcoholic content thereof when requested in writing by a law enforcement officer to administer such a test. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974. DIRECTOR OF PUBLIC SAFETY AUTHORIZED TO REIMBURSE DIRECTOR OF STATE CRIME LABORATORY FOR CERTAIN EXPENSES, ETC. No. 1013 (House Bill No. 1540). An Act to amend an Act entitled the Georgia Post Mortem Examination Act, approved March 11, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 602), as amended, so as to authorize the Department of Public Safety to reimburse the Director of the State Crime Laboratory for use of his private aircraft on official business; to provide for the cost of such

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reimbursement; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled the Georgia Post Mortem Examination Act, approved March 11, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 602), as amended, is hereby amended by inserting between section 23 and section 24 a new Section, to be designated section 23A, to read as follows: Section 23A. The Department of Public Safety is hereby authorized to reimburse the Director of the State Crime Laboratory for use of his private aircraft on official business. The Board of Public Safety shall approve an hourly rate in writing, and the cost of such reimbursement shall be paid from funds appropriated to or otherwise available to the Department of Public Safety. 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 21, 1974. AGRICULTUREPEANUTSSTABILIZATION FUND ESTABLISHED, ETC. No. 1015 (House Bill No. 1554). An Act to amend an Act known as the Georgia Agricultural Commodities Promotion Act, approved April 25, 1969 (Ga. L. 1969, p. 763), as amended, particularly by an Act approved March 12, 1971 (Ga. L. 1971, p. 78), so as to provide that marketing orders issued pursuant to said Act may provide for the establishment and management of a stabilization fund to compensate producers of peanuts

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which fail to qualify for marketing or sale in regular marketing channels; to authorize assessments to support such stabilization fund; to provide procedures for regulation and management of such stabilization 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 known as the Georgia Agricultural Commodities Promotion Act, approved April 25, 1969 (Ga. L. 1969, p. 763), as amended, particularly by an Act approved March 12, 1971 (Ga. L. 1971, p. 78), is hereby amended by adding a new subsection to section 13, relating to provisions which marketing orders may contain, to be designated as subsection (8), to read as follows: (8) Provisions for the establishment and management of a stabilization fund to compensate producers of peanuts for peanuts which must be diverted or which fail to qualify for marketing or sale in regular marketing channels due to grade, quality or size regulations. The Commissioner or Commission shall be authorized to provide by regulation for the administration of such stabilization fund, including type, quality or grade of peanuts, amount of stabilization support, reporting and qualifying procedures. Whenever the marketing order authorizes the establishment of any type of stabilization fund authorized in this Section, the Commissioner or Commission shall have authority to create such fund by a uniform assessment upon producers of peanuts, and to maintain and disburse such stabilization fund in accordance with the purposes set out herein. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974.

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LAND CONVEYANCE TO CALHOUN CHEMICAL AND COATING CORPORATION AUTHORIZED. No. 92 (Senate Resolution No. 375). A Resolution. Authorizing the conveyance of a certain tract of State-owned property; and for other purposes. Whereas, the Western and Atlantic Railroad has abandoned a portion of its former right-of-way in Gordon County; and Whereas, the Calhoun Chemical and Coating Corporation desires to acquire a portion of that abandoned right-of-way for its corporate purposes; and Whereas, that particular tract of State-owned property is more particularly described as follows: That portion of the former right-of-way of the Western and Atlantic Railroad located in Land Lot 60 of the 14th District, 3rd Section of Gordon County, Georgia, not previously sold by the State under authority of H. R. 266-809 (Res. Act No. 8), approved April 7, 1969 (Ga. Laws 1969, p. 263), and the former right-of-way of the Western and Atlantic Railroad located in Land Lot 59 of the 14th District, 3rd Section of Gordon County, Georgia, such former rights-of-way of 66 feet in width having been abandoned for railroad purposes and so shown on Western and Atlantic Railroad Right-of-Way and Track Map No. V239, on file with the State Properties Commission. Now, therefore, be it resolved by the General Assembly of Georgia that the State Properties Commission, acting for and in behalf of the State of Georgia, is hereby authorized to convey the hereinabove described tract of property subject to the following conditions:

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(1) that said tract of property be conveyed to Calhoun Chemical and Coating Corporation; and (2) that the conveyance of said tract of property shall be approved by the State Properties Commission; and (3) that the conveyance of said tract of property shall be upon such terms and conditions and for such consideration as may be mutually agreed upon by the Calhoun Chemical and Coating Corporation and the State Properties Commission. Approved March 21, 1974. PRIVATE EMPLOYMENT AGENCIES ACT. No. 1016 (House Bill No. 1556). An Act to provide for the regulation of private employment agencies; to provide a short title; to declare the purpose of said Act; to provide definitions; to provide for licensing, bonding and license fees; to provide certain duties and requirements of private employment agencies; to prohibit certain conduct of said agencies; to provide contract provisions; to provide fee provisions; to prohibit registration fees; to provide for an Employment Agency Advisory Council; to provide for officers of the Council and meetings of the Council; to provide powers and duties of the Employment Agency Advisory Council; to provide for the administration of this Act by the Commissioner of Labor; to provide procedures for complaints against said agencies; to provide for administrative hearings, their notice and appeal therefrom; to prohibit certain conduct by applicants; to provide for exceptions; to provide penalties; to provide for severability; 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 Private Employment Agencies Act.

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Section 2. Declaration of Purpose. The Private Employment Agencies Act is enacted for the purpose of safeguarding the public by providing for state administrative control, supervision and regulation of the private employment agency industry. 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) Commissioner means the Commissioner of Labor. (b) Council means the Employment Agency Advisory Council. (c) Employment Agent or employment agency shall mean any person who, for a fee charged or could be charged to an applicant, (1) promotes, procures, offers or attempts to promote or to procure employees for persons seeking the services of employees or employment for persons seeking employment, or (2) who, for a fee charged or could be charged to an applicant, in seeking to perform any of the foregoing, gives information by any means as to where employment may be obtained, or (3) who, with a view to profit, shall undertake any of the aforementioned functions through the medium of cards, circulars, pamphlets of any nature whatsoever, or through the display of a sign or bulletin offer to secure employment or give information as to where employment may be secured. This definition of employment agent or employment agency shall not include executive counsellor, temporary help service or news periodicals. (d) Executive counsellor shall be defined as anyone providing the service of psychological evaluation under the supervision of a licensed psychologist to advise the person as to where his best potential lies. The executive counsellor also advises the person on how the person may find a job but he never offers to procure employment for the person. (e) Temporary help service shall be defined as any person conducting a business which consists of employing

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individuals directly for the purpose of furnishing such individuals on a part-time or temporary basis to others. This means that the temporary help service must pay their employees' salary, provide unemployment insurance, provide workmen's compensation, withhold federal and state income tax, make deductions for the Federal Insurance Contribution Act (Social Security), and maintain control of their employees (has the authority to decide which employee goes to what temporary help position). (f) News periodicals shall be defined as any periodical which contains news, articles of opinion, features, and advertising, and whose major purpose is not the offering of jobs or employees. (g) Employer shall mean any person employing or seeking to employ any person for hire. (h) Person means any individual, company, society, association, corporation, manager, contractor, subcontractor, partnership, bureau, agency, service, office, or the agent or an employee of the foregoing. (i) Applicant means anyone performing or seeking to perform work, service or labor of any kind and, who had, for this purpose, visited or contacted or been contacted by an employment agency. (j) Placement counselor shall be one who engages in or supervises in the activity of placing applicants in positions of employment. (k) Director shall mean the individual in the Labor Department appointed by the Commissioner to render general supervision to the employment agencies. (l) Fees shall mean anything of value including any money or valuable consideration extracted, charged, collected or received, directly or indirectly, or paid or promised to be paid for any service or act described or enumerated in subsection (c) hereof.

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(m) Salary shall be any monies or other valuable consideration received by the applicant from his employer and shall include commissions but shall not include tips or privileges. (n) Commission is any fee paid to an agent or employee for transacting a piece of business or performing a service including a percentage of the money received in a transaction paid to the agent responsible for the business. (o) Tips means any gratuity tendered for a service performed or anticipated. (p) Privilege is the furnishing of food, supplies, uniforms, tools, shelter or commissary privileges. (q) License manager shall mean the individual designated by the license applicant to be responsible for the direction and operation of the placement activities of the license applicant. (r) License applicant shall mean the individual, partner, officer or stockholder of a corporation, required to make application for a license. Section 4. Licenses. (a) No person shall engage in the employment agency business in this State unless he has first procured a license as provided herein. A license shall be required for each agency operated. No license shall be valid for any person other than the person to whom it is issued. Every license shall contain the name of the person licensed, the address of the place where the agency is authorized to conduct business, and the number and date of the license. (b) An application for a license shall be made to the Commissioner of Labor. If the agency is owned by an individual, the application shall be made by him. If it is owned by a partnership, the application shall be made by all of the partners. If it is owned by a corporation, association or society, the application shall be made by each of the officers thereof and by anyone owning 10% or more of the stock thereof, provided that this provision as it pertains to stockholders

Page 571

may be waived by the Commissioner where the stock is publicly traded. (c) Every license applicant for his initial license shall be fingerprinted by a satisfactory state or local agency. (d) Each application shall be written on such form as may be prescribed by the Commissioner and shall state the following: (1) the name and address of each license applicant; (2) the name under which the agency is to be conducted; (3) the address of the building or place where the business is to be conducted; (4) the business or occupations engaged in by the license applicant previously; (5) whether the license applicant has previously held or applied for an employment agency license anywhere within the United States, its possessions or territories; (6) whether said license was granted or denied; (7) the name and address of the license manager. (e) Every application for a license shall be accompanied by a surety bond. The bond shall be to the State for the use and benefit of any individual or governmental subdivision of the State which may suffer expense or damage by breach thereof. For each license applicant not heretofore licensed on the effective date of this Act, the initial bond deposit with the Commissioner shall be in the sum of $10,000. In lieu of such surety bond the license applicant may deposit with the Commissioner other surety in an amount equal to $10,000 in a form acceptable to the Commissioner. After the first year and continuing thereafter the bond required to be deposited with the Commissioner shall be in the sum of $2,000 per license but at no time shall the aggregate bonds exceed $10,000 for one license applicant. The bond shall be

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conditioned on the person applying for the license complying with the provisions of this Act and any of the regulations promulgated thereunder and with the terms of each and every agreement entered into and between said person and any applicant, and that the employment agency or employment agent shall return to the applicant all monies paid out by him, as set forth in this Act, as well as any monies or valuable consideration of any kind or nature taken wrongfully from or suffered by the applicant. The aggregate liability of the surety for all breaches of the conditions of the bond shall, in no event, exceed the sum of such bond. The surety of the bond shall have the right to cancel such bond upon giving 30 days notice to the Commissioner, and thereafter shall be relieved of all liability for any breach of conditions occurring after the effective date of said cancellation. If, at any time in the opinion of the Commissioner, any of the sureties shall become irresponsible, the person holding the license shall upon written notice from the Commissioner, furnish a new bond within 15 days after such notice or by the effective date of cancellation by the surety, in the discretion of the Commissioner, shall operate as a revocation of such license and license shall thereupon be returned to the Commissioner of Labor, who shall revoke same. (f) Every employment agency licensed under this Act shall pay an initial license fee of $200 for the first year, and an annual license fee thereafter in the sum of $100. (g) Each principal of an employment agency and the license manager and if such employment agency be a corporation, each active officer thereof, and each active partner of a partnership shall upon the initial licensing of such agency, by means of a written examination reasonably satisfy the Commissioner of Labor that he has sufficient knowledge of this Act, the rules and regulations promulgated hereunder, of the laws against discrimination in employment and pertinent laws, to reasonably insure that any acts performed by him as licensee will be in compliance with the applicable laws and regulations. The examination shall be prepared by the Commissioner with the advice and assistance of the Council and shall be given at least once each calendar month. Provided that any agency whose license is in effect on the

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effective date of this Act shall not be required to take such examination. (h) Upon the filing of an application for a license as provided herein, the Commissioner of Labor shall cause an investigation to be made as to the character and financial standing of the license applicant and those financially interested therein, and shall finally rule thereon within thirty days after the application is filed. The application shall be rejected if the Commissioner of Labor shall find that any of the license applicants in the application or the license manager are not of good moral character, business integrity, financially responsible or if any of the license applicants or the license manager has ever been convicted of a felony, or if there is any good and sufficient reason within the meaning and purpose of this Act for rejecting such application. Unless the application shall be rejected for one or more of the causes specified, it shall be granted. (i) If the license applicant is found guilty of perjury after issuance of a license by the State of Georgia, revocation of license shall be immediate. Section 5. Duties and Requirements. Every employment agency in the State shall: (a) Keep and make available to the Commissioner, during regular business hours, such records containing information pertinent to applications for employment or employment procured or furnished advertising for employment, fees charged or collected, and to matters incidental and relevant thereto as are required by this Act to enable the Commissioner to determine the status of compliance with the provisions of this Act. (b) Give to every applicant a numbered receipt for any payment made in coin or currency to the agency or any of its employees or agents, which shall have printed or written on it the name of the applicant, the date and amount of such payment, the name and address of the employment agency, the purpose for which it was paid and the signature of the person receiving the payment.

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(c) Give each applicant a copy of every contract between the agency and the applicant which shall have printed on it or attached to it a copy of the fee and placement fee schedule of the employment agency and shall include the definitions of `short-term placement' and `permanent placement' in clear and conspicuous type. (d) Give each applicant information in writing as to the name and address of the person to whom the applicant is to apply for employment including the position for which he is applying. Provided, however, that nothing herein shall be construed to prohibit an employment agency from directing an applicant to an employer by wire or telephone so long as the aforementioned written information is immediately dispatched to the applicant in writing. (e) Keep the original or duplicate of each contract, job order, referral and receipt which shall be retained by the employment agency for two years following the date the contract is executed, the job order is taken, the job referral is made or the payment is made. Such records shall be made available for inspection by the Commissioner or the director or any other agent of the Commissioner upon request. To comply with this provision, the agency must not deny the Commissioner or the director or any other agent of the Commissioner immediate access to such records during the day-light hours of any day except Saturday, Sunday or any legal holiday. (f) Keep readily available records which clearly show: (1) the name and address of every applicant for employment from whom a fee is received or to whom a placement fee was charged; (2) the date of application and the date when a placement fee was received or charged; (3) the amount of placement fee actually received or charged; (4) where a placement fee is charged, the name and address

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of the employer by whom the applicant is employed and the agreed rate of compensation therefor; (5) where a refund is made, the amount and date thereof. It shall be the duty of every licensee to keep complete and accurate written records of all receipts and income received or derived directly from the operation of this employment agency, which records shall be retained for two years following the date on which the last entry was made. (g) Submit to the Commissioner, thirty days prior to its use, every fee schedule to be used. (h) Enter into a written agreement or contract with every applicant for services to be rendered and the agreement or contract shall contain the employment agency's service charges to the applicant, the time and method of payment and the definition of accepted employment, temporary employment, charge for supposedly permanent employment which proves to be temporary, charge for accepting the employment and not reporting for duty and method of payment. The employment agency shall furnish each applicant a specimen copy of any such agreement or contract at the time he signs such contract or agreement. Provided that nothing herein shall be construed to prohibit an employment agency from making arrangements by wire or telephone without said applicant having first entered into a written agreement or contract with the employment agency, in which event the agreement or contract from the employment agency must be dispatched to the applicant immediately after the applicant has been so directed by wire or telephone to the employer or the employer has been directed to the applicant. Section 6. Prohibited Conduct. An employment agency shall not engage in any of the following activities or conduct: (a) Open, operate or maintain an employment agency in the State of Georgia without a license. (b) Attempt to induce an employee to quit his employment for the purpose of obtaining other employment

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through such agency; provided, however, nothing herein shall be construed as prohibiting any employment agency from assisting an applicant in obtaining other employment if such agency has been so requested by the applicant (or where the applicant is not to be charged a fee). No employment agency shall knowingly induce or attempt to induce any applicant they have placed to leave that employment or initially contact a prospective applicant at the applicant's employment unless they are requested to do so in writing by the applicant and he shall have first contacted the employment agency. (c) Knowingly publish or cause to be published any false, fraudulent or misleading information, representation, promise, notice or advertisement. In conducting any form of advertising, an employment agency shall use the words agency, personnel service or employment service in such advertising unless said terms are part of the corporate name of the employment agency. (d) Refer an applicant for employment to a place where a strike or lockout exists without furnishing the applicant with a written statement as to the existence of such strike or lockout, if the agency had knowledge or reasonably should have knowledge of such facts. (e) Send or cause to be sent any applicant to any place the employment agency knows or reasonably should have known is maintained for immoral or illicit purposes. (f) Advertise openings for which it does not hold orders from employers or knowingly cause to be printed, published or circulated misleading, false or fraudulent information about employment opportunities. Section 7. Contract Forms. (a) All contracts or agreements in contemplation of a permanent employment or placement between the licensee and the applicant must be in writing and this Section does not apply to any agreements that are entered into for the specific purpose of covering employment of less than 10 weeks duration and shall include the following provisions; provided, however, that this exact

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language is not required so long as the meaning is not changed: (1) AcceptanceA position is accepted when the applicant agrees to begin work on a fixed date at an agreed remuneration. (2) Permanent placementEmployment lasting ten (10) weeks or more. (3) Short-term placementEmployment that was represented and expected to be permanent and lasts less than ten (10) weeks, regardless of reason. (4) Placement fee for a short-term placementWill be 10% of the total fee for each week or portion thereof employed; except that a minimum of 20% of the total fee shall be charged for the first two weeks or any portion thereof i.e., one week, employed, 20%; two weeks employed, 20%; three weeks employed, 30%; etc.). (5) Failure to reportIf an applicant accepts a position and fails to report for work and is working or has accepted another position, the applicant may be charged 50% of the full fee. (b) All contracts or agreements between the licensee and applicant shall contain the following provision immediately before the signature of the applicant, and this exact language is required: I hereby acknowledge that I have read and received a copy of this contract.. Section 8. Fee Provisions. (a) No fee shall be charged by an agency to an applicant except after such agency has been responsible for referring said applicant to prospective employment and where as a result thereof such applicant has accepted employment. (b) A placement fee is earned and may be charged an applicant only when one of the following conditions exists:

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(1) When the applicant accepts employment as a result of a referral. The referral must be based on an oral or written authorization by an employer or his agent. (2) When the applicant fails to secure or does not accept the position to which the applicant was originally referred, but accepts another position with that employer or with another employer to whom the first employer refers the applicant within one year as a result, directly or indirectly, of the original referral. (c) A position shall be considered accepted when the applicant agrees to begin work, on a fixed date, at an agreed remuneration; provided, however, if the applicant, due to extreme circumstances which could not have been anticipated, cannot report for work and prior to the starting date gives written notification to the employment agency of his inability to report at the appointed time, no fee shall be charged. (d) For permanent employment, an employment agency may charge placement fees not to exceed those specified in the fee schedule on file with the Commissioner. No changes in an employment agency's contract or agreement shall be made unless such change shall have been submitted to the Commissioner thirty days prior to the effective date of the proposed change. (e) The following provisions shall apply to refunds: (1) Any money, fee or valuable consideration received by an employment agency in excess of the amount allowed under these regulations shall be refunded within fifteen days upon receipt of knowledge thereof. (2) If, after being accepted by an employer, the applicant is not permitted by said employer to commence work, the whole amount of any placement fee paid by the applicant shall be refunded without delay, upon receipt of knowledge thereof. (f) No employment agency or employment agent

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shall accept from any applicant contributions for the costs of incidental expenses or advertising. Section 9. Registration Fees. No employment agency shall charge a registration fee. Section 10. (a) Employment Agency Advisory Council Created; Members of Council; Appointment; Terms; Quorum; Removal; Vacancies. There is hereby created an Employment Advisory Council. The Council shall consist of five members to be appointed by the Commissioner of Labor. Three of the members shall be current licensees under the provisions of this Act, and the other two members shall be appointed from the public at large. All members shall possess such training and experience as will qualify them to deal with the problems of the private employment agency industry and the state regulations of the industry. Three members shall constitute a quorum, and a majority vote of the members present shall be necessary for the transaction of Council business. Vacancies occurring in the membership of the Council for any reason shall be filled by appointment by the Commissioner for the unexpired term. The Commissioner may remove any member of the Council for neglect of duties, incompetency or revocation of license when such member was a license holder. Members of the Council shall serve without compensation. (b) Terms of Office. The first members shall be appointed for terms of one, two, two, three, and three years, respectively, the terms to commence on the effective date of this Act and to be designated by the Commissioner. All subsequent appointments shall be for a period of three years except unexpired terms. No state official or employee shall be a member of the Employment Agency Advisory Council. (c) Compensation. The members of the Advisory Council shall receive no compensation for their services, but shall be entitled to travel expenses at the same rate as any other officer, official or employee of the various departments, institutions, boards, bureaus and agencies of the State for transportation from their place of residence to any meeting of the Council within the State of Georgia and from the

Page 580

meeting of the Council back to their place of residence. Such travel expenses shall be paid out of the appropriations for the State Labor Department. Section 11. Officers of the Council; Meetings. The Council shall elect a chairman and such other officers which the Council deems necessary for the proper functioning of its activities at its organizational meeting and at the first meeting conducted by the Council each calendar year. The Council shall meet on a day and time established at the organizational meeting and at a place provided by the Commissioner and at such additional times at places designated by the chairman. The Council shall meet at least on the second Tuesday of January, April, July and October of each calendar year, and at such other times as the chairman or a majority of the Council or the Commissioner calls such a meeting. Section 12. Powers and Duties of the Employment Agency Advisory Council. It shall be the duty of the Council to advise and make recommendations to the Commissioner with respect to all matters relating to employment agencies in this State, including, but not limited to, applicants for licenses and complaints against agencies. In addition, the Council may conduct research on matters pertaining to the operation and conduct of employment agencies in this State, publish findings and make such legislative or other recommendations to the Commissioner as the Council deems necessary. Section 13. Administration. (a) This Act shall be administered and enforced by the Commissioner. (b) To effectuate the purposes of this Act, the Commissioner or any duly authorized agent or inspector shall have authority to inspect the premises, contract forms, receipt books, application forms, job listings and all advertising pertaining thereto, referral records and placement fees charged and refunds made of each agency, which are essential to the operation of the agency, as frequently as necessary to insure compliance with this Act. The Commissioner shall also have authority to subpoena records, including financial records, and witnesses and to conduct investigations

Page 581

where he has reasonable grounds for believing that an employment agency is in violation of this Act. (c) To carry out the purposes of this Act, the Commissioner with the advice of the Employment Agency Advisory Council may make such rules and regulations as may be necessary in accordance with the Georgia Administrative Procedure Act. (d) The operation of private employment agencies is declared to be an activity affecting the public interest. Such activities when engaged in by a person who is not licensed are declared to be a public nuisance, harmful to the general public. The Commissioner or the district attorney of the county where such nuisance exists may bring a petition to restrain and enjoin such unlicensed practice in the superior court of any county where such unlicensed person is doing business. It shall not be necessary in order to obtain the equitable relief provided herein to allege or prove that there is no adequate remedy at law. Section 14. Complaints Against Agencies. (a) Any person may make a complaint against an employment agent or employment agency. Said complaint shall be in writing and shall contain a concise statement of the facts. Upon a complaint being filed, the Commissioner shall give proper notice to the licensee and then shall investigate the complaint. After such investigation, he may hold a hearing in accordance with the provisions of this Act. The Commissioner when investigating any matters pertaining to the granting, issuing, transferring, renewing, revoking, suspending or cancelling of any license is authorized in his discretion to take such testimony as may be necessary on which to base official action. When taking such testimony he may subpoena witnesses and also direct the production before him of necessary and material books and papers. A daily calendar of all hearings shall be kept by the Commissioner and shall be posted in a conspicuous place in his office for at least seven days before the date of such hearings. He shall keep a record of all such complaints and hearings. (b) Following such hearing, if it has been shown that the

Page 582

agency or an employee of such agency has violated or is violating the employment laws of this State, it shall be the duty of the Commissioner to suspend or revoke the license of the agency or levy a fine against such agency which shall not exceed $250 for each violation, or to take such other measures within his power as he deems appropriate. Whenever a license is revoked, another license shall not be issued for two years from the date of such revocation to the licensee or his representative and only thereafter shall a license be issued by the Commissioner after considering the recommendation of the Advisory Council. Section 15. Notice; Hearing; Appeals. (a) Except as otherwise provided in this Act, all actions of the Commissioner shall be taken pursuant to the Georgia Administrative Procedure Act, approved March 10, 1964 (Ga. L. 1964, p. 338), as amended. (b) In any hearing provided for by this Act, all parties must have at least 15 days prior notice to the hearing and no more than 15 days notice shall be required. (c) The Commissioner may appoint a hearing officer to preside over the hearing and to act in his place. The hearing officer will have all authority that the Commissioner would have in that situation including the rendering of a finding of fact and a conclusion of law based on that finding of fact. Furthermore, the hearing officer may make a recommendation as to whether a particular license should be suspended or revoked but he may not suspend or revoke such license or levy a fine. Only the Commissioner possesses the authority and the power to suspend or revoke licenses or to levy a fine. (d) The hearing officer must render his findings and recommendations within 30 days or the hearing is declared void, provided that his period may be extended upon the written consent of the agency against whom the complaint was brought. Also, the Commissioner shall have 30 days after the hearing officer renders his findings and recommendations to render his final decision, this time period

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may also be extended upon the written consent of the agency against whom the action is brought. (e) Within 15 days after the Commissioner has rendered his decision, the employment agency or employment agent may secure judicial review of the Commissioner's decision by commencing an action in the superior court of the county where his licensed business is located against the Commissioner. In this petition he must state the grounds upon which review is sought. The Commissioner shall answer the petition in the same manner as are other civil cases and his answer will include a certified copy of the administrative record in this case. In any judicial proceedings under this Act, the findings of the Commissioner as to the facts, if supported by any evidence and in the absence of fraud, shall be conclusive and the jurisdiction of said court shall be confined to questions of law and the appropriateness of the penalty. Such actions shall be heard in a summary manner and shall be given precedence over all other civil cases except cases to which the State is a material party, cases arising under the workmen's compensation laws of this State, and cases arising under the Employment Security Act. An appeal may be taken from this decision to the superior court to the State Court of Appeals in the same manner, but not inconsistent with the provisions of this Act, as is provided in civil cases. The initial appeal to the superior court and any subsequent appeal to any higher court in Georgia shall act as a supersedeas to the Commissioner's order, provided that if such order was for the payment of a fine, and if the appeal is denied, the agency must in addition to the fine pay interest on that fine at an annual rate of six percent. (f) Any time periods shall be extended by three days if the prior service was made by mail. Section 16. Prohibited Conduct by Applicants. It shall be unlawful for an applicant to knowingly make false or misleading statements to an employment agency either orally or in writing regarding age, education, training, experience or references. Section 17. Exception. Nothing in this Act shall vest in

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the Commissioner of Labor or the Employment Agency Advisory Council the authority to fix or set fees for placements made by the employment agent. Section 18. Penalties. Any person violating any provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Section 19. 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 20. Specific Repealer. An Act regulating and providing for the supervision of the business of private employment agencies, approved March 17, 1959 (Ga. L. 1959, p. 283), as amended by an Act approved March 21, 1970 (Ga. L. 1970, p. 600), is hereby repealed in its entirety. Section 21. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974. LAND CONVEYANCE TO SEMINOLE COUNTY AUTHORIZED. No. 93 (Senate Resolution No. 394). A Resolution. Authorizing the conveyance of certain real property located in Seminole County, Georgia; and for other purposes.

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Whereas, the State of Georgia is the owner of certain real property located in Seminole County, Georgia, which is currently under the control and jurisdiction of the Department of Agriculture; and Whereas, said real property consists of one tract or parcel of land lying and being in the County of Seminole, State of Georgia, and being more particularly described as follows: The south two (2) acres, more or less, of that certain tract or parcel of land comprising 4.969 acres, more or less, located, lying and being within the corporate limits of the City of Donalsonville in land lot 74, of the 14th land district of Seminole County, Georgia, with courses and distances according to a plat of a survey by Earl Thursby, Land Surveyor, dated February 9, 1974, as follows: Commencing at an iron pin at the southeast intersection of East Crawford Street with Pugh Avenue, and extending along the south right-of-way line of East Crawford Street south 79 degrees 31 minutes east 398.7 feet to an iron pin, thence south 9 degrees 57 minutes west to an iron pin, thence south 79 degrees 31 minutes east 75 feet to an iron pin on the west right-of-way line of Adams Avenue, thence along said west right-of-way line of Adams Avenue south 9 degrees 57 minutes west 186.8 feet to an iron pin, thence north 76 degrees 20 minutes west 523.32 feet along a fence to an iron pin on the east right-of-way line of Pugh Avenue, along which there is a fence; thence along the east right-of-way line of Pugh Avenue north 16 degrees 17 minutes east 439.97 feet to an iron pin at the intersection of Pugh Avenue with East Crawford Street and the point of beginning. Whereas, the above described real property is no longer needed by the Department of Agriculture, or the State of Georgia and is hereby surplus; and Whereas, the County of Seminole is desirous of obtaining said tract of land.

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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: (1) that said tract or parcel of land shall be conveyed to the governing authority of Seminole County; (2) that the conveyance of said tract or parcel of land shall be approved by the State Properties Commission; and (3) that the conveyance of said tract or parcel of land shall be upon such terms and conditions for such consideration as may be mutually agreed upon by the governing authority of Seminole County and the State Properties Commission. Approved March 21, 1974. CHATHAM COUNTY JUVENILE COURT CREATED. Code 24A-201 Amended. No. 1017 (House Bill No. 1562). An Act to amend Code section 24A-201, relating to the creation of juvenile courts in certain counties, so as to provide for the creation of a juvenile court in Chatham County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 24A-201, relating to the creation of juvenile courts in certain counties, is hereby amended by striking from subsection (c) the following:

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the counties of Chatham and, and substituting in lieu thereof the following: County, so that when so amended, subsection (c) of said Code section shall read as follows: (c) In all counties having populations of less than 50,000, by the 1970 or any future United States census, wherein a juvenile court has not been established, and in Richmond County and such other counties of more than 50,000 population as may provide by local Act, a judge of the superior court shall sit as the juvenile court judge and hear all cases coming within the provisions of this Code; said hearing shall be conducted in accordance with the provisions set forth in this Code. In any such court the clerk of the superior court shall exercise the functions of clerk of the juvenile court subject to the direction of the judge. Section 2. This Act shall become effective on July 1, 1974. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974. INTOXICATING LIQUORSCOUNTY OR MUNICIPAL GOLF COURSESCERTAINAUTHORIZED TO SELL MALT BEVERAGES. No. 1018 (House Bill No. 1593). An Act to provide that any county or municipal corporation presently or hereafter operating a public golf course and offering for retail sale food or drink as an incident thereto, may, in its discretion, also sell at retail as an incident to the operation of such golf course, malt beverages by

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the drink, or may refuse to sell malt beverages; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Notwithstanding any other provision of law, any county or municipal corporation presently or hereafter operating a public golf course and offering for retail sale food or drink as an incident thereto, may also, in its discretion, sell at retail as an incident to the operation of such golf course, malt beverages by the drink, or may refuse to sell malt beverages. Section 2. All laws and parts of laws conflicting with this Act are hereby repealed. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Approved March 21, 1974. EDUCATIONEMERGENCY CONDITIONSCERTAIN DEFINITIONS AUTHORIZED TO BE CHANGED, ETC. No. 1019 (House Bill No. 1594). An Act to amend an Act known as the Minimum Foundation Program of Education Act, approved January 24, 1964 (Ga. L. 1964, p. 3), as amended, so as to authorize the State Board of Education to change certain definitions relative to the school year and school month under certain emergency conditions; to provide for all matters relative thereto; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Minimum Foundation Program of Education Act, approved January 24, 1964 (Ga.

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L. 1964, p. 3), as amended, is hereby amended by adding a new paragraph at the end of section 5 to read as follows: The provisions of this section or any other provision of this Act to the contrary notwithstanding, when the President of the United States proclaims a national emergency, or when the Governor of the State of Georgia proclaims a state of emergency, or when, because of disaster, civil disturbance or a shortage of vital and critical material, supplies or fuel, the continued operation of the public schools according to the definitions of school year, school month, or school day is impractical or impossible, then the State Board of Education shall have the power to authorize local boards of education to depart from a strict interpretation of these definitions, and such departure need not be uniform throughout the State; it being the intent of this sentence to allow the continuation of public school education in this State under the unusual conditions described herein. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974. GEORGIA PORTS AUTHORITY ACTREVENUE BONDSMAXIMUM RATE PROVISION REMOVED, ETC. No. 1020 (House Bill No. 1602). An Act to amend an Act known as the Georgia Ports Authority Act approved March 9, 1945 (Ga. L. 1945, p. 464), as amended by Acts approved January 30, 1946 (Ga. L. 1946, p. 60), February 17, 1949 (Ga. L. 1949, p. 778), February 1, 1955 (Ga. L. 1955, p. 120), March 27, 1958 (Ga. L. 1958, p. 714), March 10, 1959 (Ga. L. 1959, p. 145), February 29, 1960 (Ga. L. 1960, p. 150), March 7, 1960 (Ga. L. 1960, p. 788), March 17, 1960 (Ga. L. 1960, p. 956), April 4, 1963 (Ga. L. 1963, p. 342), February 18, 1964 (Ga. L. 1964, p. 88), March 14, 1966 (Ga. L. 1966, p. 457), and April 20, 1967 (Ga. L. 1967, p. 874), so as

Page 590

to remove the maximum rate of five percent per annum interest on the issuance of revenue bonds; 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 Ports Authority Act approved March 9, 1945 (Ga. L. 1945, p. 464), as amended by Acts approved January 30, 1946 (Ga. L. 1946, p. 60), February 17, 1949 (Ga. L. 1949, p. 778), February 1, 1955 (Ga. L. 1955, p. 120), March 27, 1958 (Ga. L. 1958, p. 714), March 10, 1959 (Ga. L. 1959, p. 145), February 29, 1960 (Ga. L. 1960, p. 150), March 7, 1960 (Ga. L. 1960, p. 788), March 17, 1960 (Ga. L. 1960, p. 956), April 4, 1963 (Ga. L. 1963, p. 342), February 18, 1964 (Ga. L. 1964, p. 88), March 14, 1966 (Ga. L. 1966, p. 457), and April 20, 1967 (Ga. L. 1967, p. 874), is hereby amended by deleting the language shall bear interest at such rate or rates not exceeding five per cent per annum, payable semi-annually from section 5 of said Act and inserting the language shall bear interest at the lowest rate obtainable by negotiation, or, if the Authority deems it necessary by the taking of competitive bids, payable as determined by the Authority at time of issue; section 5 of said Act is further amended by deleting the language but no such sale shall be made at a price so low as to require the payment of interest on the money received therefor at more than five per cent per annum, computed with relation to the absolute maturity of the bonds in accordance with a standard table of bond values excluding, however, from such computation the amount of any premium to be paid on redemption of any bond prior to the maturity so that section 5 of said Act as amended shall read as follows: Section 5. Revenue bonds; issuance, interest rate, medium of payment, redemption, form, signature, negotiability, exemption from taxation, sale, use of proceeds, replacement of loss, resolution authorizing. The Authority shall have the 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 hereinabove defined of any

Page 591

one or more projects. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at the lowest rate obtainable by negotiation, or, if the Authority deems it necessary by the taking of competitive bids, payable as determined by the Authority at time of issue, shall mature at such time or times as the Authority may determine at the time of issue, shall be payable in such medium of payment as to both principal and interest as may be determined by the Authority, and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the Resolution providing for the issuance of the bonds. 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 for payment of principal and interest thereof which may be at any bank or trust company within or without the State. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupons cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. All such bonds shall be signed by the Chairman of the Authority and the official seal of the Authority shall be affixed thereto and attested by the secretary-treasurer of the Authority and any coupons attached thereto shall bear the facsimile signature of the chairman of the Authority. Any coupon may bear the facsimile signature of such person and any bond may be signed, sealed and attested on behalf of the Authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bond such persons may not have been so authorized or shall not have held such office. All revenue bonds issued under the provisions of this Act shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the negotiable instruments laws of the State. Such bonds and the income thereof shall be exempt from all taxation within the State.

Page 592

The bonds may be issued in coupon or in registered form, or both, as the Authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest. The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interests of the Authority. The proceeds of such bonds shall be used solely for the payment of the costs of the project or projects, and shall be disbursed upon requisition or order of the chairman of the Authority under such restrictions, if any, as the resolution authorizing the issuance of the bonds or the trust indenture hereinafter mentioned may provide. If the proceeds of such bonds, by error of calculation or otherwise, shall be less than the cost of the project or projects, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, additional bonds may in like manner be issued to provide the amount of such deficit, which unless otherwise provided in the resolution authorizing the issuance of the bonds or 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 the bonds are issued, the surplus shall be paid into the fund hereinafter provided for the payment of principal and interest of such bonds. Prior to the preparation of definitive bonds, the Authority may, under like restrictions, issue interim receipts, interim certificates or temporary bonds, with or without coupons exchangable for definitive bonds upon the issuance of the latter. The Authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified or required by this Act. In the discretion of the Authority, revenue bonds in a single issue may be issued for the purpose of paying the costs of any one or more projects. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published

Page 593

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. Whenever the Authority shall determine to issue its bonds, it shall call upon the Georgia Building Authority to render advice and to perform, as its agent, ministerial services in connection with the marketing of such bonds. Section 2. This Act shall become effective upon its approval by the Governor or upon its otherwise becoming law. Effective date. Section 3. all laws or parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974. MOTOR VEHICLE CERTIFICATE OF TITLE ACT AMENDEDREPLACEMENT CERTIFICATE AUTHORIZED, ETC. No. 1021 (House Bill No. 1603). An Act to amend an Act known as the Motor Vehicle Certificate of Title Act, approved March 3, 1961 (Ga. L. 1961, p. 68) as amended by an Act approved March 27, 1965 (Ga. L. 1965, p. 304), so as to provide that a replacement certificate of title, rather than duplicate certificate of title, will be issued when the original has been lost, stolen, mutilated, or destroyed, or become illegible; 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 Motor Vehicle Certificate of Title Act, approved March 3, 1961 (Ga. L. 1961, p. 68), as amended by an Act approved March 27, 1965 (Ga. L. 1965, p. 304) is hereby amended by striking from section 14 thereof, wherever it appears, the word duplicate and substituting in lieu thereof the word replacement.

Page 594

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Approved March 21, 1974. MOTOR VEHICLE CERTIFICATE OF TITLE ACT AMENDEDNON-NEGOTIABLE COPY ELIMINATED. No. 1022 (House Bill No. 1604). An Act to amend the Motor Vehicle Certificate of Title Act, approved March 3, 1961 (Ga. L. 1961, p. 68), as amended, particularly by an Act approved March 27, 1965 (Ga. L. 1965, p. 304), so as to eliminate the necessity of furnishing a non-negotiable copy of a certificate of title; 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 Motor Vehicle Certificate of Title Act, approved March 3, 1961 (Ga. L. 1961, p. 68), as amended, particularly by an Act approved March 27, 1965 (Ga. L. 1965, p. 304), is hereby amended by striking from the first sentence of subsection (a) of section 12 thereof the following: along with a non-negotiable copy of such title certificate so that, as amended, subsection (a) of section 12 shall read as follows: (a) The certificate of title shall be mailed or delivered to the holder of the first security interest or lien named in it. In the event there is no security interest holder or lien named in such certificate, then the certificate of title shall be mailed or delivered directly to the owner.

Page 595

and by striking the last sentence of subsection (b) of section 12 thereof, which sentence provides: The holder of any such lien or security interest shall, within five days after the receipt of the certificate, mail the non-negotiable copy of the title certificate to the owner. Section 2. This Act shall become effective upon its approval by the Governor or upon its otherwise becoming law. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974. MEDICAL PRACTICECONFIDENTIAL COMMUNICATIONSCERTAIN DISCLOSURES DO NOT VIOLATE, ETC. No. 1025 (House Bill No. 1657). An Act to provide that confidential or privileged medical matter which constitutes a record, or part thereof, kept by a health care facility or physician, does not lose its confidential or privileged character when disclosed in certain circumstances; to provide that authorized persons to whom such disclosures are made shall use such matter only for lawful purposes and shall act to preserve its confidentiality; to provide that persons who are parties to disclosure of medical matter shall be immune from liability under certain circumstances; to define certain terms used in this Act; to provide that the provisions of this Act are cumulative of other laws; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. As used in this Act, the following terms have the meanings designated: (a) Disclosure means the act of transmitting or communicating

Page 596

medical matter to a person who would not otherwise have access thereto; (b) Medical matter means information respecting the medical or psychiatric condition, including without limitation the physical and the mental condition, of a natural person or persons, however recorded, obtained or communicated; (c) Confidential or privileged means the protection afforded by law from unauthorized disclosure, whether the same be by law or developed and applied by the courts, by statute or lawful regulations, or by the requirements of the Constitutions of the State of Georgia or the United States; the term confidential or privileged also includes protection afforded by law from compulsory process or testimony; (d) Laws requiring disclosure means laws and statutes of the State of Georgia and of the United States, and lawful regulations issued by any department or agency of the State of Georgia or of the United States, which require the review, analysis, or use of medical matter by persons not originally having authorized access thereto; the term laws requiring disclosure also includes any authorized practice of disclosure for purposes of evaluating claims for reimbursement for charges or expenses under any public or private reimbursement or insurance program; (e) Limited consent to disclosure means proper authorization given by or on behalf of a person entitled to protection from disclosure of medical matter, for a specific purpose related to such person's health, or related to such person's application for insurance or like benefits; (f) Health care facility means any institution or place in which health care is rendered to persons, which health care includes but is not limited to medical, psychiatric, acute, intermediate, rehabilitative, and long term care; (g) Physician means any person lawfully licensed in this State to practice medicine and surgery pursuant to Chapter 84-9, Code of Georgia, as amended.

Page 597

Section 2. The disclosure of confidential or privileged medical matter, constituting all or part of a record kept by a health care facility or a physician, pursuant to laws requiring disclosure or pursuant to limited consent to disclosure shall not serve to destroy or in any way abridge the confidential or privileged character thereof, except for the purpose for which such disclosure is made. Section 3. Persons to whom confidential or privileged medical matter is disclosed in the circumstances described in the preceding section 2 shall utilize such matter only in connection with the purpose or purposes of such disclosure and shall keep such matter thereafter in confidence; provided, however, that nothing herein shall prohibit the use of such matter where otherwise authorized by law. Section 4. Any person, corporation, authority, or other legal entity acting in good faith shall be immune from liability for the transmission, receipt, or use of medical matter disclosed pursuant to laws requiring disclosure or pursuant to limited consent to disclosure. Section 5. Nothing herein shall be construed to prevent the customary and usual audit, discussion and presentation of cases in connection with medical and public education. 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 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 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974.

Page 598

FIDUCIARY INVESTMENT COMPANY ACT AMENDEDCERTAIN REAL ESTATE INVESTMENTS AUTHORIZED. No. 1027 (House Bill No. 1705). 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) and an Act approved April 13, 1973 (Ga. L. 1973, p. 549), so as to permit fiduciary investment companies to invest in real estate in an amount not to exceed 50 percent of their total assets taken at market value; to permit fiduciary investment companies to make loans secured by real estate provided the total amount of such loans, together with the total amount of other investments in real estate does not exceed 50 percent of their total assets taken at market value; 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) and an Act approved April 13, 1973 (Ga. L. 1973, p. 549), is hereby amended by striking paragraph (A) of subsection (c) of section 5 in its entirety and inserting in lieu thereof a new paragraph (A) of subsection (c) of section 5, to read as follows: (A) invest in commodities or commodity contracts, or invest more than 50 percent of the total assets of the fiduciary investment company taken at market value in real estate or interests therein;. Section 2. Said Act is further amended by striking paragraph (D) of subsection (c) of section 5 in its entirety and inserting in lieu thereof a new paragraph (D) of subsection (c) of section 5, to read as follows: (D) make loans to any person or persons, except that the

Page 599

purchase of a portion of an issue to debt securities, convertible debt securities, debt securities with warrants, rights or options attached or other similar securities when originally issued or thereafter, of a character commonly distributed publicly shall not be considered the making of a loan; provided, however, that loans to any person or persons secured by real estate or interests therein shall be permitted in an amount which, together with amounts invested pursuant to paragraph (A) hereof, does not exceed 50 percent of the total assets in the fiduciary investment company taken at market value;. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974. GEORGIA WATER QUALITY CONTROL ACT AMENDED. No. 1029 (House Bill No. 1735). 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 change the definition of the term pollution; to define the term effluent limitation; to define the term pollutant; to define the term point source; to define the term non-point source; to require the establishment or revision of effluent limitations; to require the performance of any and all acts necessary to carry out the purposes and requirements of the Act and of the Federal Water Pollution Control Act, as amended; to require a permit for the discharge of pollutants from point sources into the waters of the State; to require a permit for the discharge of pollutants from non-point sources into the waters of the State; to provide for procedures, conditions, requirements, and guidelines related to the issuance of such permits; to provide a fixed term for such permits and a procedure for the issuance of new permits upon expiration of same;

Page 600

to provide for revocation, suspension or modification of such permits; to provide for monitoring, recording and reporting of such waste discharges; to increase the monetary civil penalty for violation of the Act; to increase the misdemeanor penalty for violation of the Act or final order of a court; to make it a misdemeanor to engage in certain other acts and to provide a penalty 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 Georgia Water Quality Control Act, approved March 11, 1964 (Ga. L. 1964, p. 416), as amended, is hereby amended by striking subsection (f) of section 3, which reads as follows: (f) `Pollution' means any alteration of the physical, chemical, or biological properties of the waters of this State, including change of the temperature, taste, or odor of the waters, or the addition of any liquid, solid, radioactive, gaseous, or other substances to the waters or the removal of such substances from the waters, which will render or is likely to render the waters harmful to the public health, safety, or welfare, or harmful or substantially less useful for domestic, municipal, industrial, agricultural, recreational, or other lawful uses, or for animals, birds, or aquatic life., and substituting in lieu thereof a new subsection (f) of section 3, to read as follows: (f) `Pollution', means the man-made or man induced alteration of the chemical, physical, biological and radiological integrity of water. Section 2. Said Act is further amended by adding a new subsection to section 3 to follow subsection (k), to be designated subsection (l), to read as follows: (l) `Effluent limitation', means any restriction or prohibition established under this Act on quantities, rates, or

Page 601

concentrations, or a combination thereof, of chemical, physical, biological or other constituents which are discharged from point sources into the water of the State, including, but not limited to, schedules of compliance. Section 3. Said Act is further amended by adding a new subsection to Section 3 to follow subsection (l), to be designated subsection (m), to read as follows: (m) `Pollutant', means dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, industrial wastes, municipal waste and agricultural waste discharged into the waters of the State. It does not mean (1) sewage from vessels or (2) water, gas or other material which is injected into a well to facilitate production of oil or gas, or water derived in association with oil or gas production and disposed of in a well, if the well, used either to facilitate production or for disposal purposes, is approved by the appropriate authorities of this State and if such authorities determine that such injection or disposal will not result in degradation of ground or surface water resources. Section 4. Said Act is further amended by adding a new subsection to Section 3 to follow subsection (m), to be designated subsection (n), to read as follows: (n) `Point source', means any discernible, confined, or discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged. Section 5. Said Act is further amended by adding a new subsection to section 3 to follow subsection (n), to be designated subsection (o), to read as follows: (o) `Non-point source', means any source which discharges pollutants into the waters of the State other than a point source.

Page 602

Section 6. Said Act is further amended by adding a new subsection to section 5 to be designated subsection (15), to read as follows: (15) Establish or revise through rules and regulations or permit conditions or both, effluent limitations based upon an assessment of technology and processes unrelated to the quality of the receiving waters of this State. Rules. Section 7. Said Act is further amended by adding a new subsection to section 5, to be designated subsection (16), to read as follows: (16) Perform any and all acts necessary to carry out the purposes and requirements of this Act and of the Federal Water Pollution Control Act, as amended, relating to this State's participation in the National Pollutant Discharge Elimination System established under that Act. Powers. Section 8. Said Act is further amended by striking subsection (3) of section 10, which reads as follows: (3) Any person desiring to erect or modify facilities or commence or alter an operation of any type which will result in the discharge of sewage, industrial wastes or other wastes into the waters of the State shall apply to the Board for a permit to make such discharge as defined in this Act. The Board, under the conditions it prescribes, may require the submission of such plans, specifications and other information as it deems relevant in connection with the issuance of the permits. The Board shall determine whether or not the discharge will cause a condition of pollution contrary to the public interest. The Board may issue a permit which authorizes the person to make the discharge, and may specify on the permit the conditions under which the discharge shall be made. 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;

Page 603

(b) obtaining a permit by misrepresentation, or failure to disclose fully all relevant facts; (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., and by substituting in lieu thereof a new subsection (3) of section 10, to read as follows: (3) Any person who owns or operates a facility of any type or who desires to erect, modify, alter or commence operation of a facility of any type which results or will result in the discharge of pollutants from a point source into the waters of the State shall obtain a permit from the Director of the Division of Environmental Protection of the Georgia Department of Natural Resources to make such discharge. Any person desiring to erect, modify, alter or commence operation of a facility which will result in such discharge but which is not discharging such pollutants as of the effective date of this subsection, must obtain such permit prior to the discharge of same. Any person who is operating a facility which results in such discharge as of the effective date of this subsection, may continue to make such discharge pending final action by the Director on the application for such discharge permit, provided such application has been filed with the Director within ninety days after the effective date of this subsection and provided further that such discharge does not present an immediate health hazard to the public. The Director, under the conditions he prescribes, may require the submission of such plans, specifications and other information as he deems relevant in connection with the issuance of such permits. The Director may, after public notice and opportunity for public hearing, issue a permit which authorizes the person to make such discharge upon condition that such discharge meets or will meet, pursuant to any schedule of compliance included in such permit, all

Page 604

water quality standards, effluent limitations and all other requirements established pursuant to this Act. Permit. Section 9. Said Act is further amended by adding a new subsection to section 10, to be designated subsection (4), and to read as follows: (4) Any person desiring to erect or modify facilities or commence or alter an operation of any type which will result in the discharge of pollutants from a non-point source into the waters of the State, which will render or is likely to render such waters harmful to the public health, safety, or welfare, or harmful or substantially less useful for domestic, municipal, industrial, agricultural, recreational, or other lawful uses, or for animals, birds, or aquatic life, shall obtain a permit from the Director of the Division of Environmental Protection of the Georgia Department of Natural Resources to make such discharge. Any person desiring to erect, modify, alter or commence operation of a facility which will result in such discharge but which is not discharging such pollutants as of the effective date of this subsection, must obtain such permit prior to the discharge of same. The Director, under the conditions he prescribes, may require the submission of such plans, specifications and other information as he deems relevant in connection with the issuance of such permits. The Director may, after public notice and opportunity for public hearing, issue a permit which authorizes the person to make such discharge upon condition that such discharge meets or will meet, pursuant to any schedule of compliance included in such permit, all water quality standards, effluent limitations and all other requirements established pursuant to this Act. Section 10. Said Act is further amended by adding a new subsection to section 10 to be designated subsection (5), to read as follows: (5) The Director of the Division of Environmental Protection of the Georgia Department of Natural Resources is authorized to require as conditions in permits issued under sections 10 (3) and 10 (4) of this Act the achievement of effluent limitations established pursuant to this Act. In

Page 605

imposing effluent limitations as conditions in such permits, the Director shall base his determination upon the assessment of technology and processes unrelated to the quality of the receiving waters of this State. Effluent limitations required as conditions of such permits shall be achieved in the shortest reasonable period of time consistent with State law and the Federal Water Pollution Control Act, as amended. The Director if further authorized to set schedules of compliance and include such schedules within the terms and conditions of such permits for the discharge of such pollutants into the waters of the State and to prescribe terms and conditions for such permits to assure compliance with applicable effluent limitations and water quality criteria established pursuant to this Act, including, but not limited to, requirements concerning recording, reporting, monitoring, entry and inspection to the extent permissible under this Act, and such other requirements as are consistent with the purposes of this Act. Section 11. Said Act is further amended by adding a new subsection to section 10 to be designated subsection (6), and to read as follows: (6) Each permit issued under sections 10 (3) and 10 (4) of this Act shall have a fixed term not to exceed five years. Upon expiration of such permit, a new permit may be issued by the said Director after review by the Director in accordance with such guidelines as he shall prescribe; after notice and opportunity for public hearing; and upon condition that the discharge meets or will meet, pursuant to any schedule of compliance included in such permit, all applicable water quality standards, effluent limitations and all other requirements established pursuant to this Act. The Director is authorized to include in permits issued under this subsection such terms and conditions as are authorized under subsection (3) and (5) of section 10 of this Act. The Director may revoke, suspend or modify any permit issued under section 10 (3), section 10 (4) or section 10 (6) of this Act for cause, including but not limited to the following: (a) violation of any condition of said permit;

Page 606

(b) obtaining a permit by misrepresentation, or failure to disclose fully all relevant facts; (c) change in any conditions that requires either a temporary or permanent reduction or elimination of the permitted discharge. In the event of modification, suspension 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 12. Said Act is further amended by adding a new section between sections 16 and 17 to be designated section 16A, to read as follows: Section 16A. Monitoring, Recording and Reporting. Whenever required to carry out the objective of this Act, including but not limited to (1) developing or assisting in the development of any effluent limitation, or other limitation, prohibition or standard under this Act or any rule or regulation promulgated and adopted pursuant to this Act; (2) determining whether any person is in violation of any effluent limitation, or other limitation, prohibition or standard under this Act or any rule or regulation promulgated and adopted pursuant to this Act; or (3) encouraging or insuring compliance with any effluent limitation, or other prohibition or standard under this Act or any rule or regulation promulgated and adopted pursuant to this Act, the Director of the Division of Environmental Protection of the Georgia Department of Natural Resources may by order, permit or otherwise in writing, require the owner or operator of a facility of any type which results in the discharge of pollutants into the waters of the State to: (a) establish and maintain records; (b) make reports; (c) install, use and maintain monitoring equipment or methods, including where appropriate, biological monitoring methods;

Page 607

(d) sample such discharge, in accordance with such methods, at such locations, at such intervals, and in such manner as the Director shall prescribe; and (e) provide such other information as he may reasonably require. Section 13. Said Act is further amended by striking subsection (a) of section 22A, which reads as follows: (a) Civil Penalties.Any person violating any provision of this Act or, negligently or intentionally, failing or refusing to comply with any final or emergency order of the Director of the Division of Environmental Protection of the Department of Natural Resources issued as herein provided shall be liable to 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., in its entirety and by substituting in lieu thereof a new subsection (a) of section 22A, to read as follows: (a) Civil Penalties. Any person violating any provision of this Act or any permit condition or limitation established pursuant to this Act, or, negligently or intentionally, failing or refusing to comply with any final or emergency order of the Director of the Division of Environmental Protection of the Georgia Department of Natural Resources issued as herein provided, shall be liable to a civil penalty not to exceed $10,000.00 per day for each day during which such violation continues. Section 14. Said Act is further amended by striking section 22, which reads as follows: Section 22. Penalty for Violation of Act. Any person violating any provision of this Act or failing, neglecting, or refusing to comply with any final order of a court, lawfully issued as herein provided, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided by law. Each day of continued violation after conviction shall constitute a separate offense.,

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in its entirety and by substituting in lieu thereof a new section 22, to read as follows: Section 22. Penalty for Violation of Act. (a) Any person who violates any provision of this Act or any permit condition or limitation established pursuant to this Act, or fails, neglects or refuses to comply with any final order of a court, lawfully issued as herein provided, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $2,500.00 per day nor more than $25,000.00 per day of violation or by imprisonment for no more than one year, or both. If the conviction is for a violation committed after a first conviction of such person under this subsection, punishment shall be by a fine of not more than $50,000.00 per day of violation or by imprisonment for not more than two years, or both. (b) Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this Act, or by any permit, rule, regulation or order issued under this Act, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this Act or by any permit, rule, regulation, or order issued under this Act, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $10,000.00 or by imprisonment for not more than six months, or by both. Section 15. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 16. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974.

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COUNTY BOARDS OF TAX ASSESSORSCONTENTS OF REQUIRED NOTICE CHANGED, ETC. Code Chapter 92-69 Amended. No. 1030 (House Bill No. 1755). An Act to amend Code Chapter 92-69, relating to the powers and duties of the county board of tax assssors, as amended, so as to change the contents of the notice required to be given by the board of county tax assessors; to provide that the members and alternate members of the county board of equalization shall be selected from the grand jury list; to provide for the contents of the notice to the taxpayer in appeals by the county tax assessors to the superior court; to change the time within which appeals may be filed; to correct a certain reference; to delete the requirement for certification of certain information by the county board of tax assessors; to remove certain language relating to questions of fact; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 92-69, relating to the powers and duties of the county board of tax assessors, as amended, is hereby amended by striking subsection (b) of Code section 92-6911 in its entirety and inserting in lieu thereof a new subsection (b), to read as follows: 92-6911. (b) Notice contents. The notice required to be given by the board of county tax assessors under subsection (a) of this Section shall be dated and contain the name and last known address of the taxpayer, and, if the assessment of the value of the taxpayer's property is changed, the notice shall contain the amount of the previous assessment, the amount of the current assessment, and the year for which the new assessment is applicable. In all cases, the notice shall contain a brief description of the assessed property broken down into real and personal property classifications and a reference to the applicable time period for residents and nonresidents in which an appeal may be demanded. Code 92-6911 amended.

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Section 2. Said Code Chapter is further amended by striking subsection (3) (B) of Code section 92-6912 in its entirety and inserting in lieu thereof a new subsection (3) (B), to read as follows: 92-6912. (3) (B) At the term of court immediately preceding November 1 of each year, the grand jury in each county shall, from the grand jury list then current, select three persons who are otherwise qualified who shall serve as members of that county board of equalization for the term of one calendar year beginning January 1st following the date of selection. The grand jury shall also select three members from the grand jury list then current who are otherwise qualified who shall serve as alternate members of that county board of equalization for the term of one calendar year beginning January 1st following the date of selection. Code 92-6912 amended. Section 3. Said Code Chapter is further amended by striking subsection (6) (B) of Code section 92-6912 in its entirety and inserting in lieu thereof a new subsection (6) (B), to read as follows: 92-6912. (6) (B) An appeal by the taxpayer shall be effected by filing with the county board of tax assessors a written notice of appeal. An appeal by the county assessors shall be effected by giving notice to the taxpayer. The notice to the taxpayer shall be dated and contain the name and the last known address of the taxpayer. The notice of appeal shall specifically state the grounds for appeal. The notice in either case shall be filed within 30 days from the date on which the decision of the local board of equalization is mailed pursuant to subsection (5) (F) (2). The county board of tax assessors shall certify the notice of appeal, any other papers specified by the appellant, including the staff information from the file used by either the board of tax assessors or the board of equalization, all of which papers and information shall become a part of the record on appeal to the superior court, to the clerk of the superior court. Code 92-6912 amended. Section 4. Said Code Chapter is further amended by striking subsection (6) (C) of Code section 92-6912 in its

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entirety and inserting in lieu thereof a new subsection (6) (C), to read as follows: 92-6912. (6) (C) The appeal shall constitute a de novo action. Code 92-6912 amended. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974. EDUCATIONJURISDICTION OF CERTAIN CAMPUS POLICEMEN EXTENDED. No. 1031 (House Bill No. 1763). An Act to amend an Act providing campus policemen and other security personnel of the University System of Georgia with arrest powers for offenses committed upon University System property, approved March 10, 1966 (Ga. L. 1966, p. 370), so as to provide that the campus policemen and other security personnel of the University System of Georgia who are regular employees of the University System shall have the power to make arrests for offenses committed upon any public or private property within five hundred yards of any property under the jurisdiction of the Board of Regents of the University System of Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing campus policemen and other security personnel of the University System of Georgia with arrest powers for offenses committed upon University System property, approved March 10, 1966 (Ga. L. 1966, p. 370), is hereby amended by inserting at the end of Section 1 thereof the following words: and for offenses committed upon any public or private

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property within five hundred yards of any property under the jurisdiction of the Board of Regents of the University System of Georgia, but only after written consent of the governing authority of any municipality having the police jurisdiction over such property. so that when so amended, section 1 shall read as follows: Section 1. The campus policemen and other security personnel of the University System of Georgia who are regular employees of the University System of Georgia shall have the power to make arrests for offenses committed upon any property under the jurisdiction of the Board of Regents of the University System of Georgia and for offenses committed upon any public or private property within five hundred yards of any property under the jurisdiction of the Board of Regents of the University 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 March 21, 1974. LEASE OF LAND TO AUGUSTA ASSOCIATION FOR RETARDED CHILDREN AUTHORIZED. No. 94 (Senate Resolution No. 406). A Resolution. Authorizing the State Properties Control Commission to lease certain real property located in Richmond County, Georgia, to the Augusta Association for Retarded Children; 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 Human Resources; and Whereas, certain acreage contained in said tract of real property is no longer needed by the Department of Human Resources or the State of Georgia and is, therefore, surplus. Now, therefore, be it resolved by the General Assembly of Georgia that the State Properties Control Commission is hereby authorized to lease 50 acres of said tract of real property to the Augusta Association for Retarded Children upon such terms and conditions as may be mutually agreed upon by the Augusta Association for Retarded Children and the State Properties Control Commission. The State Properties Control Commission shall have the 50 acres surveyed out of said tract of real property at the expense of the Augusta Association for Retarded Children, and the property included in such survey shall be specifically approved by the Department of Human Resources as being surplus to the needs of the Department. Approved March 21, 1974. ALCOVY JUDICIAL CIRCUITGRAND JURY PROVISIONS CHANGED, ETC. No. 1033 (House Bill No. 1789). An Act to amend an Act creating the Alcovy Judicial Circuit, approved March 9, 1972 (Ga. L. 1972, p. 152), as amended by an Act approved April 13, 1973 (Ga. L. 1973, p. 520), so as to change the provisions relating to grand juries; to change the provisions relating to terms of court; 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 Alcovy Judicial Circuit, approved March 9, 1972 (Ga. L. 1972, p. 152), as amended by an Act approved April 13, 1973 (Ga. L. 1973, p. 520), 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. The civil terms of the Superior Court of Newton County shall be as follows: the second Mondays in January, April, July and October. The criminal terms of the Superior Court of Newton County shall be as follows: the third Mondays in January, April, July and October. The terms of the Superior Court of Walton County shall be the third Mondays in February, May, August and November. Terms. Section 2. Said Act is further amended by striking section 5 in its entirety and inserting in lieu thereof a new section 5 to read as follows: Section 5. The judge shall only draw a grand jury for the Superior Court of Newton County for the January and July terms; provided, that the presiding judge, in his discretion, may require the attendance of the grand jury at the April and October 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 April and October terms than they shall be by the presiding judge especially charged with. Grand jury. The judge shall only draw a grand jury for the Superior Court of Walton County for the February and August terms; provided, that the presiding judge, in his discretion, may require the attendance of the grand jury at the May and November 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 May and November terms than they shall be by the presiding judge especially charged with. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974.

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INTOXICATING LIQUORSCERTAIN DISTRIBUTION BY CERTAIN COMMON CARRIERS AUTHORIZED. No. 1035 (House Bill No. 1844). 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 provide for the authorization of distribution or sale of distilled spirits in limited container sizes by certain common carriers; to provide for the payment of taxes by such carriers in connection with such distributions or sales; to provide for reports by such carriers; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors, approved February 3, 1938 (Ga. L. 1937-38, Ex. Sess., p. 103), as amended, is hereby amended by adding to section 11 of said Act a new subsection (d), to read as follows: (d) Nothing contained herein shall prohibit the Commissioner from authorizing the distribution or sale of containers of distilled spirits containing not more than two fluid ounces per container by licensed airlines and railway passenger carriers. Such carriers shall obtain from the Commissioner annually, under such regulations as he deems necessary, and for the fee of one hundred dollars, an authorization for such business, and such carriers shall pay taxes in the amounts stated in this Section on such containers as are distributed or sold in or over the State of Georgia. Such carriers shall also file reports of all such distributions or sales of such containers to the Revenue Commissioner on or before the 15th day of the month subsequent to the month of such distribution or sale and shall remit the proper tax for such distribution or sales at such time. Such carriers shall further report to the Commissioner such other information as the Commissioner may deem necessary for the purposes of this Act.

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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 21, 1974. PAUPERSBURIAL EXPENSES INCREASED, ETC. (160,000 - 165,000). Code 23-2304 Amended. No. 1041 (House Bill No. 1948). An Act to amend Code Section 23-2304, relating to burial of paupers, as amended, 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 interment 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, 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 160,000 nor more than 165,000, 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 $150.00. 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

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funds paid from other sources for the interment of the pauper. Code 23-2304 amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1974. COUNTIES AND MUNICIPAL CORPORATIONSINDUSTRIAL WASTE WATER TREATMENT SERVICES AUTHORIZED. No. 1042 (House Bill No. 1963). An Act to authorize each municipal corporation and each county of this State to enter into certain valid and binding contracts to provide industrial waste water treatment services; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In order to comply with applicable State and Federal Water Pollution Control Standards and to be eligible for grants-in-aid or other allotments, notwithstanding any provision of law to the contrary, each municipal corporation and each county of this State is hereby authorized, in the discretion of its governing authority, to enter into valid and binding contracts with each other and/ or with private persons, firms, associations or corporations for any period of time not to exceed fifty (50) years, to provide industrial waste water treatment services to such private persons, firms, associations or corporations; provided that such contracts shall provide that the charge for such services shall never be less than the actual cost to the municipal corporation or county of providing such services. Authority. Section 2. This Act shall become effective upon its being approved 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 herewith are hereby repealed. Approved March 21, 1974. UNIFORM COMMERCIAL CODEITEM REDEFINED. Code 109A-4-104 Amended. No. 1045 (House Bill No. 2004). An Act to amend Code section 109A-4-104, relating to definitions under Article 4 of the Uniform Commercial Code, so as to change the definition of the word item; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 109A-4-104, relating to definitions under Article 4 of the Uniform Commercial Code, is hereby amended by adding at the end of subparagraph (g) the following: item shall also include any stored electronic message unit for the payment of money;, so that when so amended, subparagraph (g) shall read as follows: (g) `Item' means any instrument for the payment of money even though it is not negotiable but does not include money; item shall also include any stored electronic message unit for the payment of money;. 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 21, 1974.

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REVENUECITY OF AUBURNINCLUDED IN EXEMPTED TAXATION PROVISIONS OF CODE. Code 92-4101 Amended. No. 1099 (House Bill No. 1927). An Act to amend Code section 92-4101, relating to limitation on cities' right of taxation, as amended, so as to include the City of Auburn as one of the cities and towns to which the prohibition of the Code Section does not apply; 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 92-4101, relating to limitation on cities' right of taxation, as amended, is hereby amended by adding at the end thereof a new paragraph to read as follows: Auburn., so that when so amended Code section 92-4101 shall read as follows: 92-4101. Tax over one-half of one per cent. prohibited. No municipal corporation shall levy or collect for the ordinary current expenses of said corporation, except as hereinafter provided, any ad valorem tax upon the property within said corporation, exceeding one-half of one per cent. upon the value of said property, any charter of said corporation to the contrary notwithstanding: Provided, that the provisions of sections 92-4101 to 92-4104 shall not apply to the city of Savannah. Code 92-4101 amended. Provided, further, that the provisions of sections 92-4101

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through 92-4104 shall also not apply to any of the following cities and towns: Augusta. Flowery Branch. Bartow. Concord. Millen. Athens. Patterson. Warwick. Blackshear. Springfield. Warrenton. Pooler. Cedartown. Brunswick. Bowdon. Rossville. Atlanta. Pelham. Albany. Thomaston. East Point. Toccoa. Douglas. Auburn. Blue Ridge. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1974 Session of the General Assembly of Georgia, a bill for the purpose of including the City of Auburn within a list of cities and towns exempt from the prohibition contained in Code Section 92-4101 on the levy by a municipality of a tax over one-half of one per cent; and for other purposes. This 18th day of January, 1974. /s/ Vinson Wall Representative, 61st District Georgia, Fulton County. Personally appeared before me, the undersigned authority,

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duly authorized to administer oaths, Vinson Wall who, on oath, deposes and says that he is Representative from the 61st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Winder News which is the official organ of Barrow County, on the following dates: January 23, 30, 1974, February 6. 1974. /s/ Vinson Wall Representative, 61st District Sworn to and subscribed before me, this 5th day of February, 1974. /s/ Vivian Leigh Baxter Notary Public, Georgia State at Large. My Commission Expires Nov. 26, 1977. (Seal). Approved March 22, 1974. LONG-TERM HEALTH CARE FACILITY ACT. No. 1167 (Senate Bill No. 16). An Act to provide for the regulation of the establishment of long-term health care facilities; to provide for a short title; to provide for definitions; to provide for the creation of the Long-Term Health Care Advisory Council and for its powers and duties; to provide for certificates of need; to provide for the procedures, requirements and other matters relative to the foregoing; to provide for enforcement and penalties; 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 Long-Term Health Care Facility Act.

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Section 2. Definitions. As used in this Act, unless the context clearly requires otherwise, the following words and phrases shall have the meanings indicated below: (a) Council means the Long-Term Health Care Facility Advisory Council, hereinafter created. (b) Board means the Board of Human Resources. (c) Long-term health care facility means any health care facility or institution, regardless of the type of health care license under which such facility or institution operates, if such health care facility or institution is engaged in or otherwise providing: (1) Care for persons who because of physical or mental conditions, or both, require or desire living accommodations and care which, as a practical matter, can best be made available to them through institutional facilities, providing a protective or supervised environment other than acute care units of hospitals, physical medicine rehabilitation hospitals or rehabilitation units within hospitals, and psychiatric hospitals or psychiatric units within hospitals, and (2) Care for persons and patients who require a combination of health care services and personal care services which are in addition to the above and may include, but are not necessarily restricted to, one or more of the following care services: (i) Therapeutic diets, (ii) Regular observation of the patient's physical and mental condition, (iii) Personal assistance including bathing, dressing, grooming, ambulation, transportation and housekeeping, (iv) An organized program of social and recreational activities, (v) Assistance with self-administered medications,

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(vi) Emergency-medical care including bedside nursing during temporary periods of illness, (vii) Professional nursing supervision, (viii) Skilled nursing care as further defined by the Social Security Act Amendments of 1971, Title XIX of the Social Security Act as amended, 45 CFR Sec. 249.10 (b) (4), (ix) Medical care and services by a licensed practitioner, (x) Other special medical and social care services for diagnostic and treatment purposes of rehabilitative, restorative, or maintenance nature, designed to restore or maintain the person in the most normal physical and social condition attainable. (d) Expansion means increasing the bed capacity of a long-term health care facility and does not include making improvements in a long-term health care facility when such improvements do not increase bed capacity. (e) Conversion or conforming means making the necessary physical, administrative, personnel or other changes in an existing facility to cause the facility, or any portion thereof, to become a long-term health care facility. Section 3. Long-Term Health Care Facility Advisory Council. (a) There is hereby created the Long-Term Health Care Facility Advisory Council which shall consist of nine members as hereinafter provided: (1) One member shall be appointed by the Governor from a list of three names submitted to him by the Georgia Hospital Association. (2) Four members shall be appointed by the Governor from the public at large. (3) Four members shall be appointed by the Governor from a list of names, three names for each seat, submitted to him by the Georgia Nursing Home Association.

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(b) (1) The Governor shall appoint the initial member from the list submitted by the Georgia Hospital Association to serve a term of two years. Successors to this initial appointee shall all be appointed by the Governor for terms of four years. (2) The terms of the appointees by the Governor from the public at large shall be for four years, commencing April 1; however, half the initial appointments shall be for two-year terms. Successors to these initial appointees shall all be appointed for terms of four years. (3) The Governor shall appoint the remaining four members so that one shall serve for an initial term of four years, one shall serve for an initial term of three years, one shall serve for an initial term of two years, and one shall serve for an initial term of one year. Successors to these initial appointees shall all be appointed by the Governor for terms of four years. (4) The initial term of all appointees shall commence April 1, 1974. (5) No individual may be appointed to or serve on said Council for more than four consecutive years unless a period of four years has elapsed since a previous service on the Council, if his total previous service was for a period of two years or longer. (c) The Council shall elect from its own membership a Chairman, Vice Chairman, and Secretary. Said officers shall be elected annually by the Council by a majority vote of its full membership. No person may serve as Chairman for more than one year. The first meeting for the election of officers shall be held during April, 1974. Thereafter, officers shall be elected at the first meeting of the Council held during April of each year, and a meeting shall be held during that month each year for the purpose of electing officers. Six members shall constitute a quorum for the transaction of business with a majority of those present being required for affirmative action. The Council shall hold at least six meetings during each calendar year and shall also meet on the

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call of the Chairman or the call of a majority of the members of the Council by petitioning the Chairman, in writing, for such meeting, at least ten days prior to the call, which shall give ten days' notice of the meeting itself. (d) The Council shall be an agency of the Department of Human Resources and its administrative functions shall be carried out by and through the staff of said department. Members of the Council shall not be compensated for service as such members but shall be reimbursed actual and necessary expenses incurred by them in carrying out their official duties. Section 4. Powers and Duties of the Council. (a) The Council shall have the power and duty to determine the need for the appropriateness of and make recommendations to the Board for: (1) The construction of new long-term health care facilities, (2) The expansion of existing long-term health care facilities; and (3) The conversion or conforming of existing facilities into facilities as long-term health care facilities. (b) In carrying out the foregoing powers and duties, the Council shall be authorized to adopt and promulgate such rules and regulations as the Board deems necessary including rules and regulations governing the application for and the consideration of certificates of need as hereinafter provided. All such rules and regulations of the Council shall be subject to the provisions of Code section 88-307, relative to rules and regulations of the Department of Human Resources. (c) There shall be no proxy voting in the Council. Section 5. Certificates of Need. (a) Every person, partnership, corporation or other entity and every county, municipality, and state agency, or other political subdivision

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of this State desiring to construct a new long-term health care facility, expand an existing long-term health care facility or convert or conform an existing facility for licensure as long-term health care facility shall make application to the Board for a Certificate of Need for such facility. Such application shall be in such form and accompanied by such information, including but not limited to, financial statements, a complete list of stockholders, partners and owners as the Board shall prescribe by rules and regulations. Each such application shall also be accompanied by a fee of $250.00. A site which has been previously denied a Certificate of Need shall not be the subject of a new application until a period of one year has passed from the date of said denial. Within 75 days after the receipt of any such application, the Council shall cause a thorough investigation to be made of the need for the long-term health care facility; shall obtain and take into consideration the findings and recommendations of any approved area health planning agency involving the site in question (unless said planning agency has failed to act within a period of sixty days after receiving notice of said proposed long-term health care facility), and shall hold a public hearing at a scheduled council meeting on the subject in order to make a determination relative thereto. Not less than 30 days prior to the date of said hearing, the Council shall notify such parties it deems to have interest in the matter. Said prior notice shall include all existing licensed long-term health care facilities within a radius of 25 miles of the site for which application is made. After the aforesaid investigation and hearing, the Council shall make its determination, which may be to recommend approval/denial, or to defer its decision until not later than the following council meeting at which time a final determination must be made. (b) The investigation and public hearing made pursuant to an application for a Certificate of Need shall include: (1) A determination of the adequacy of existing long-term health care facilities in the locality affected, (2) A determination of the availability of long-term

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health care facilities which may serve as alternatives to or substitutes for the proposed facility, (3) A determination of the adequacy of financial resources for the establishment and operation of the proposed facility, (4) The availability of a licensed nursing home administrator and sufficient manpower to properly staff and operate the proposed facility, and (5) Any other matter which the Council deems necessary and appropriate for its reasonable consideration of the application. Section 6. Requirements or Issuance. (a) No Certificate of Need shall be recommended by the Council unless, after investigation, it makes a finding that the action proposed in the application for such Certificate of Need is necessary and desirable in order to provide the required long-term health care in the area to be served, that the proposed action can be economically accomplished and maintained, and will contribute to the orderly development of long-term health care services in the area. (b) No Certificate of Need for the conversion or conforming of an existing facility for licensure as a long-term health care facility shall be recommended unless the application therefor contains provisions satisfactory to the Council that the facility, upon being licensed as a long-term health care facility, shall employ a licensed nursing home administrator. Section 7. Decision and Review. (a) Following the Council's recommendation, the Board at its next regular meeting shall render its decision and shall cause notice thereof in writing to be sent within seven days to the applicant and all registered parties at interest appearing at the Council hearing and/or Board meeting. The notice shall also advise that an aggrieved party may appeal the decision by requesting a hearing before the Board of Human Resources, and the notice shall set forth the procedure for instituting such an appeal. If there is no appeal by an aggrieved party at interest

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within thirty days after a Council decision, then the appropriate Certificate of Need shall be issued by the Commissioner of Human Resources to a successful applicant. (b) A final recommendation of the Long-Term Health Care Facility Advisory Council on an application for Certificate of Need shall be disturbed only by a vote of two-thirds of the Board members present. No action shall be effective unless a quorum is present. An aggrieved party may request a hearing before the Board of Human Resources to appeal the Board's decision by filing a request therefor with the Commissioner of Human Resources within twenty days after the notice of the decision has been postmarked. The appellant shall then be given a hearing before the Board of Human Resources no later than said Board's second regular meeting after filing appeal. Any decision appealed hereunder may be overturned only by a vote of two-thirds of the members of the Board of Human Resources present. A quorum must exist. (c) After the Board renders its decision, the Commissioner of Human Resources shall within ten days send notice of the decision to the appellant, the applicant, and all long-term health care facilities within twenty-five miles of the proposed site. If there has been no appeal to the Courts within thirty days from the date said notice of decision has been mailed, then the Commissioner shall issue the appropriate Certificate of Need to a successful applicant. (d) An applicant or any party at interest, including any long-term health care facility within twenty-five miles of the proposed site who is aggrieved by the final decision of the Board of Human Resources, shall be entitled to judicial review thereof, in accordance with the provisions of Code section 88-305 relative to appeals from the final orders or action of the Department of Human Resources. Except as otherwise provided by this Act, the procedural requirements of Code section 88-305 shall apply to appeals brought pursuant to the provisions of this Section. Section 8. Assistance of Health Planning Agencies. The State Office of Comprehensive Health Planning, assisted

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by any approved areawide health planning agency functioning in the area affected by the application, shall assist and cooperate with the Council in making the recommendations as to whether a Certificate of Need shall be issued, in accordance with rules and regulations of the Council. Section 9. Submission of Specifications for Facility. A Certificate of Need issued pursuant to the provisions of this Act shall be valid for a period of six months after issuance thereof, during which time the applicant shall submit to the Division of Physical Health of the Department of Human Resources the plans and specifications for the long-term health care facility to be constructed, expanded or otherwise established. If such plans and specifications are not submitted within the time specified, then such Certificate shall be null and void. If plans and specifications are submitted within the specified time, the Division of Physical Health shall approve or disapprove such plans and specifications within 45 days of the filing; or such plans and specifications shall be presumed to be approved as of the end of such 45-day period if no action thereon is taken by the Division of Physical Health. The applicant must begin the construction, expansion, conversion or conforming of the long-term health care facility within six months of the approval of the plans and specifications and must proceed to complete said facility within twelve months of the approval or the Certificate of Need shall be cancelled. The aforesaid limitation periods of six months, six months, and twelve months may be enlarged by the Council for up to an additional six months, six months, and twelve months in each period respectively, provided the applicant makes a special request therefor showing diligent effort and progress satisfactory to the Council. Section 10. Enforcement and Penalties. (a) No person or persons, natural or artificial, may construct, expand, convert, conform or otherwise establish or begin the establishment of a long-term health care facility without a Certificate of Need, as provided by this Act. Any such person who constructs, expands, converts, conforms, or otherwise establishes or begins the establishment of a long-term health care facility without first obtaining a Certificate of Need shall be denied a license to operate any long-term health care

Page 630

facility and if said facility operates after being denied a license, the person or persons involved, including all officers and directors of said facility, shall be guilty of a misdemeanor and upon conviction thereof, shall be punished as for a misdemeanor. When the Commissioner of Human Resources or his authorized agent or representative notifies in writing, by certified mail return receipt, any person natural or otherwise, who has commenced, by any of the aforesaid methods, the establishment of a long-term health care facility in violation of this Act, to cease and desist, then each said day that such person or persons, and all officers and directors of the entity, continue with the establishment of such facility shall constitute a separate offense. (b) In addition to the penalties provided by subsection (a) of this Section, the Department of Human Resources may institute appropriate proceedings for the purpose of enjoining a violation of the provisions of this Act in accordance with the provisions of Code section 88-302. Section 11. Immunity of Members, Officers, and Employees from Civil Action. No member, officer, or employee of any health planning body shall be subject to civil action in any court as the result of any act done or failure to act, or of any statement of opinion made, while discharging his duties under this Act as such member, officer, or employee, provided he acted in good faith with reasonable care and upon proper cause. Section 12. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General 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.

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Section 13. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 14. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1974. CRIMINAL PROCEDURETRAFFIC OFFENSESALTERNATIVE AND ADDITIONAL PUNISHMENT PROVIDED. Code 27-2506 Amended. No. 1175 (House Bill No. 76). An Act to amend Code section 27-2506, relating to how misdemeanors shall be punished, as amended by an Act approved February 20, 1956 (Ga. L. 1956, p. 161), an Act approved March 13, 1957 (Ga. L. 1957, p. 477), an Act approved March 18, 1964 (Ga. L. 1964, p. 485), an Act approved March 10, 1970 (Ga. L. 1970, p. 236), and an Act approved March 28, 1972 (Ga. L. 1972, p. 600), so as to provide for alternative and additional punishments for misdemeanors and city ordinances involving traffic offenses; to provide for reports; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 27-2506, relating to how misdemeanors shall be punished, as amended by an Act approved February 20, 1956 (Ga. L. 1956, p. 161), an Act approved March 13, 1957 (Ga. L. 1957, p. 477), an Act approved March 18, 1964 (Ga. L. 1964, p. 485), an Act approved March 10, 1970 (Ga. L. 1970, p. 236), and an Act approved March 28, 1972 (Ga. L. 1972, p. 600), is hereby amended by adding at the end of said Code section a new paragraph, to read as follows:

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In addition to or instead of any other penalty provided for the punishment of a misdemeanor involving a traffic offense, or punishment of a city ordinance involving a traffic offense, with the exception of habitual offenders sentenced under Code section 27-2511, as amended, a judge may impose any one or more of the following sentences: (a) Re-examination by the Department of Public Safety when the judge has good cause to believe that the convicted licensed driver is incompetent or otherwise not qualified to be licensed; Code 27-2506 amended. (b) Attendance at, and satisfactory completion of, a driver improvement course meeting standards approved by the court; (c) Within the limits of the authority of the charter powers of a municipality or the punishment prescribed by law in other courts, imprisonment at times specified by the court or release from imprisonment upon such conditions and at such times as may be specified; (d) Probation or suspension of all or any part of a penalty upon such terms and conditions as may be prescribed by the judge. Such conditions may include driving with no further violations of this Act during a specified time unless the driving privileges have been or will be otherwise suspended or revoked by law; reporting periodically to the court or a specified agency; and performing, or refraining from performing such acts as may be ordered by the judge. (e) Any sentence hereunder shall be reported to the Department of Public Safety as prescribed by law. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1974.

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THE UNIFORM RULES OF THE ROAD ACT. Code Title 68A Amended. No. 1176 (House Bill No. 244). An Act to revise, classify, consolidate, and modernize present laws relating to the rules of the road for traffic and to establish new laws relating thereto; to codify such laws as Title 68A of the Code of Georgia of 1933, as amended; to provide a short title for this Title; to define terms used in this Title; to provide for obedience to and the effect of traffic laws; to provide for the erection of and obedience to traffic signs, signals and markings; to specify the requirements for driving on the right side of roadway, overtaking and passing, and using roadways; to prescribe the rules for right-of-way; to define pedestrian's rights and duties; to regulate turning and starting signals or stopping and turning; to require special stops; to prescribe speed restrictions; to define serious traffic offenses; to regulate stopping, standing and parking; to provide miscellaneous rules; to regulate the operation of bicycles and playthings; to provide special rules for motorcycles; to provide special rules for motorized carts; to provide for adoption of all or part of this Title by municipalities; to provide for the severability of the provisions of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Code of Georgia of 1933 is hereby amended by adding thereto, the following Title 68A which shall be known as The Uniform Rules of the Road. ARTICLE I DEFINITION: OBEDIENCE TO AND EFFECT OF TRAFFIC LAWS 68A-101. General Definitions. The following words and phrases, wherever used in this Title, shall have the meaning

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as in this Section ascribed to them unless where used the context thereof shall clearly indicate to the contrary or unless otherwise defined in the Section of which they are a part. Code 68A-101 amended. (1) Alley. A street or highway intended to provide access to the rear or side of lots or buildings in urban districts and not intended for the purpose of through vehicular traffic. (2) Arterial street. Any U. S. or State-numbered route, controlled-access highway, or other major radial or circumferential street or highway designated by local authorities within their respective jurisdictions as part of a major arterial system or streets or highways. (3) Authorized emergency vehicle. A motor vehicle belonging to a public utility corporation and designated as an emergency vehicle by the Department of Public Safety, a motor vehicle belonging to a fire department or certified private vehicle belonging to a volunteer fireman, or fire-fighting association, partnership or corporation, an ambulance, or a motor vehicle belonging to a federal, state or local law enforcement agency; provided said vehicles are in use as an emergency vehicle by one authorized to use said vehicle for that purpose. (4) Bicycle. Every device propelled by human power upon which any person may ride, having only two wheels which are in tandem either of which is more than 13 inches in diameter. (5) Bus. Every motor vehicle designed for carrying more than 10 passengers and used for the transportation of persons, and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation. (6) Business district. The territory contiguous to and including a highway when within any 600 feet along such highway there are buildings in use for business or industrial purposes, including but not limited to hotels, banks, or

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office buildings, railroad stations and public buildings which occupy at least 300 feet of frontage on one side or 300 feet collectively on both sides of the highway. (7) Controlled-access highway. Every highway street or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over such highway, street or roadway. (8) Crosswalk. (a) That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or in the absence of curbs, from the edges of the traversable roadway; (b) Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface. (9) Department. The Department of Public Safety of Georgia. (10) Divided highway. A highway divided into two or more roadways by leaving an intervening space or by a physical barrier or by a clearly indicated dividing section so constructed as to impede vehicular traffic. (11) Driver. Every person who drives or is in actual physical control of a vehicle. (12) Driver's license. Any license to operate a motor vehicle issued under the laws of this State. (13) Explosives. Any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion and which contains any oxidizing and combustive units or other ingredients in such proportions, quantities or packing that an ignition by fire, by friction, by concussion, by percussion or by detonator of any

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part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects of or destroying life or limb. (14) Flammable liquid. Any liquid which has a flash point of 80 degrees F., or less as determined by a tagliabue or equivalent closed-cup device. (15) Gross Weight. The weight of a vehicle without load plus the weight of any load thereon. (16) Highway. The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. (17) House trailer. (a) A trailer or semitrailer which is designed, constructed and equipped as a dwelling place, or living abode (either permanently or temporarily) and is equipped for use as a conveyance on streets and highways, or (b) A trailer or a semitrailer whose chassis and exterior shell is designed and constructed for use as a house trailer, as defined in paragraph (a), but which is used instead permanently or temporarily for the advertising, sales, display or promotion of merchandise or services, or for another commercial purpose except the transportation of property for hire or the transportation of property for distribution by a private carrier. (18) Intersection. (a) The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict. (b) Where a highway includes two roadways thirty (30) feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be

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regarded as a separate intersection. In the event such intersecting highway also includes two roadways thirty (30) feet or more apart, then every crossing of two roadways of such highways shall be regarded as a separate intersection. (c) The junction of an alley with a street or highway shall not constitute an intersection. (19) Laned roadway. A roadway which is divided into two or more clearly marked lanes for vehicular traffic. (20) License or license to operate a motor vehicle. Any driver's license or any other license or permit to operate a motor vehicle issued under, or granted by, the laws of this State including: (a) Any temporary license or instruction permit; (b) The privilege of any person to drive a motor vehicle whether or not such person holds a valid license; (c) Any nonresident's operating privilege as defined herein. (21) Local authorities. Every county, municipal and other local board or body having authority to enact laws relating to traffic under the Constitution and laws of this State. (22) Metal tire. Every tire the surface of which in contact with the highway is wholly or partly metal or other hard, nonresilient material. (23) Motor home. Every motor vehicle designed, used, or maintained primarily as a mobile dwelling, office or commercial space. (24) Motor Vehicle. Every vehicle which is self-propelled. (25) Motorcycle. Every motor vehicle having a seat or

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saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor. (26) Motor driven cycle. Every motorcycle, including every motor scooter, with a motor which produces not to exceed five brake horsepower, and every bicycle with a motor attached. (27) Nonresident. Every person who is not a resident of this State. (28) Nonresident's operating privilege. The privilege conferred upon a nonresident by the laws of this State pertaining to the operation by such person of a motor vehicle, or the use of a vehicle owned by such person in this State. (29) Official traffic-control devices. All signs, signals, markings and devices not inconsistent with this Title placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic. (30) Owner. A person, other than a lienholder, having the property in or title to a vehicle. The term includes a person entitled to the use and possession of a vehicle subject to a security interest in or lien by another person, but excludes a lessee under a lease not intended as security. (31) Park or parking. Means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading property or passengers. (32) Passenger car. Every motor vehicle, except motorcycles and motor-driven cycles, designed for carrying 10 passengers or less and used for the transportation of persons. (33) Pedestrian. Any person afoot.

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(34) Person. Every natural person, firm, copartnership, association, or corporation. (35) Pneumatic tire. Every tire in which compressed air is designed to support the load. (36) Pole trailer. Every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes, or structural members capable, generally, of sustaining themselves as beams between the supporting connections. (37) Police officer. Every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations. (38) Private road or driveway. Every way or place in private ownership and used for vehicular traffic by the owner and those having express or implied permission from the owner, but not by other persons. (39) Railroad. A carrier of persons or property upon cars operated upon stationary rails. (40) Railroad sign or signal. Any sign, signal or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train. (41) Railroad train. A steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails. (42) Residence district. The territory contiguous to and including a highway not comprising a business district when the property on such highway for a distance of 300 feet or more is in the main improved with residences or residences and buildings in use for business.

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(43) Right-of-way. The right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed and proximity as to give rise to danger or collision unless one grants precedence to the other. (44) Roadway. That portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two or more separate roadways the term `roadway' as used herein shall refer to any such roadway separately but not to all such roadways collectively. (45) Safety zone. The area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone. (46) School bus. (a) A motor vehicle operated for the transportation of school children to and from school or school activities or for the transportation of children to and from church or church activities; or (b) A motor vehicle operated by a local transit system, which shall meet the equipment and identification requirements of section 68A-706 (c) of this Title, provided, however, that such vehicle shall be a school bus only while transporting school children and no other passengers, to or from school. (47) Semitrailer. Every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle. (48) Sidewalk. That portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for use by pedestrians.

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(49) Special mobile equipment. Every vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over a highway, including but not limited to: ditch digging apparatus, well boring apparatus and road construction and maintenance machinery such as asphalt spreaders, bituminous mixers, bucket loaders, tractors other than truck tractors, ditchers, levelling graders, finishing machines, motor graders, road rollers, scarifiers, earth moving carry-alls and scrapers, power shovels and drag lines, and self-propelled cranes and earth moving equipment. The term does not include house trailers, dump trucks, truck mounted transit mixers, cranes or shovels, or other vehicles designed for the transportation of persons or property to which machinery has been attached. (50) Stand or standing. Means the halting of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers. (51) State. A state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico or a province of Canada. (52) Stop. When required means complete cessation from movement. (53) Stop or stopping. When prohibited means any halting even momentarily of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control sign or signal. (54) Street. The entire width between boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. (55) Through highway. Every highway or portion thereof on which vehicular traffic is given preferential right-of-way, and at the entrances to which vehicular traffic

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from intersecting highways is required by law to yield the right-of-way to vehicles on such through highway in obedience to a stop sign, yield sign, or other official traffic-control device, when such signs or devices are erected as provided in this Title. (56) Traffic. Pedestrians, ridden or herded animals, vehicles and other conveyances either singly or together while using any highway for purposes of travel. (57) Traffic-control signal. Any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed. (58) Trailer. Every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle. (59) Truck. Every motor vehicle designed, used or maintained primarily for the transportation of property. (60) Truck camper. Any structure designed, used, or maintained primarily to be loaded on or affixed to a motor vehicle to provide a mobile dwelling, sleeping place, office, or commercial space. (61) Truck tractor. Every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn. (62) Urban district. The territory contiguous to and including any street which is built up with structures devoted to business, industry or dwelling houses situated at intervals of less than 100 feet for a distance of a quarter of a mile or more. (63) Vehicle. Every device, in, upon or by which any person or property is or may be transported or drawn upon

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a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks. 68A-102. Required obedience to traffic laws. It is unlawful and, unless otherwise declared in this Title with respect to particular offenses, it is a misdemeanor for any person to do any act forbidden or fail to perform any act required in this Title. 68A-103. Provisions of Title to refer to vehicles upon the highwaysexceptions. The provisions of this Title relating to the operation of vehicles refer to the operation of vehicles upon highways except: (a) Where a different place is specifically referred to in a given Section. (b) The provisions of this Title shall apply to a vehicle operated at shopping centers or parking lots or similar areas which although privately owned are customarily used by the public as a through street or connector street. (c) The provisions relating to reckless driving, driving while under the influence of intoxicating liquors or drugs, and homicide by vehicle shall apply to vehicles operated upon highways and elsewhere throughout the State. 68A-104. Obedience to authorized persons directing traffic. No person shall willfully fail or refuse or comply with any lawful order or direction of any police officer or fireman invested by law with authority to direct, control or regulate traffic. 68A-105. Persons riding animals or driving animal-drawn vehicles. Every person riding an animal or driving an animal-drawn vehicle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this Title, except those provisions of this Title which by their very nature can have no application. 68A-106. Persons working on highwaysexceptions. Unless

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specifically made applicable, the provisions of this title except those contained in Article IX hereof shall not apply to authorized persons, teams, motor vehicles and other equipment while actually engaged in work upon a highway, but shall apply to such persons and vehicles when traveling to or from such work. 68A-107. Authorized emergency vehicles. (a) The driver of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section. (b) The driver of an authorized emergency vehicle may: (1) Park or stand, irrespective of the provisions of this Title; (2) Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation; (3) Exceed the maximum speed limits so long as he does not endanger life or property; (4) Disregard regulations governing direction of movement or turning in specified directions. (c) The exceptions herein granted to an authorized emergency vehicle shall apply only when such vehicle is making use of an audible signal meeting the requirements of section 116(d) of an Act approved January 11, 1954 (Ga. L. 1953, Nov.-Dec. Sess., pp. 556, 612; Ga. Code Ann. section 68-1716(d)), as now or as hereafter amended, and use of a flashing or revolving red light visible under normal atmospheric conditions from a distance of 500 feet to the front of such vehicle, except that a vehicle belonging to a federal, state or local law enforcement agency and operated as such shall be making use of a flashing or revolving blue light with the same visibility to the front of the vehicle.

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(d) The foregoing provisions shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons. (e) It shall be unlawful for any person to operate an authorized emergency vehicle with flashing lights other than as authorized by subsection (c) or by Section 3 of an Act approved April 6, 1972 (Ga. L. 1972, p. 1092, Ga. Code Ann. section 68-1604), as now or as hereafter amended, allowing the Department of Public Safety to issue permits for the use of flashing or revolving amber lights. ARTICLE II TRAFFIC SIGNS, SIGNALS AND MARKINGS 68A-201. Obedience to and required traffic-control devices. (a) The driver of any vehicle shall obey the instructions of an official traffic-control device applicable thereto, placed in accordance with the provisions of this Title, unless otherwise directed by a police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this Title. (b) No provisions of this Title for which official traffic-control devices are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official device is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular Section does not state official traffic-control devices are required, such Section shall be effective even though no devices are erected or in place. (c) Whenever official traffic-control devices are placed in position approximately conforming to the requirements of this Title, such devices shall be presumed to have been so placed by the official act or direction of lawful authority, unless the contrary shall be established by competent evidence. (d) Any official traffic-control device placed pursuant to the provisions of this Title and purporting to conform to the

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lawful requirements pertaining to such devices shall be presumed to comply with the requirements of this Title, unless the contrary shall be established by competent evidence. 68A-202. Meaning of signal indications. The following meanings shall be given to highway traffic signal indications, except those on pedestrian signals: (a) Green indications shall have the following meanings: (1) Traffic, except pedestrians, facing a CIRCULAR GREEN may proceed straight through or turn right or left unless a sign at such place prohibits either such turn. But vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to other vehicles, and to pedestrains lawfully within the intersection or an adjacent crosswalk, at the time such signal is exhibited. (2) Traffic, except pedestrians, facing a GREEN ARROW, shown alone or in combination with another indication, may cautiously enter the intersection only to make the movement indicated by such arrow, or such other movement as is permitted by other indications shown at the same time. Such vehicular traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection. (3) Unless otherwise directed by a pedestrian signal, pedestrians facing any green indication, except when the sole green indication is a turn arrow, may proceed across the roadway within any marked or unmarked crosswalk. (b) Steady yellow indications shall have the following meanings: (1) Traffic, except pedestrians, facing a steady CIRCULAR YELLOW or YELLOW ARROW signal is thereby warned that the related green movement is being terminated, or that a red indication will be exhibited immediately thereafter when vehicular traffic shall not enter the intersection.

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(2) Pedestrians facing a steady CIRCULAR YELLOW or YELLOW ARROW signal, unless otherwise directed by a pedestrian signal, are thereby advised that there is insufficient time to cross the roadway before a red indication is shown and no pedestrian shall then start to cross the roadway. (c) Steady red indications shall have the following meanings: (1) Traffic, except pedestrians, facing a steady CIRCULAR RED signal alone shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then before entering the intersection and shall remain standing until an indication to proceed is shown except as provided in subsection 2 below. (2) When a sign is in place permitting a turn, traffic, except pedestrians, facing a steady CIRCULAR RED signal may cautiously enter the intersection to make the turn indicated by such sign after stopping as provided in subsection 1 above. Such vehicular traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection. (3) Unless otherwise directed by a pedestrian signal, pedestrians facing a steady CIRCULAR RED signal alone shall not enter the roadway. (4) Traffic, except pedestrians, facing a steady RED ARROW indication may not enter the intersection to make the movement indicated by such arrow, and unless entering the intersection to make such other movement as is permitted by other indications shown at the same time, shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then before entering the intersection and shall remain standing until an indication to make the movement indicated by such arrow is shown. (5) Unless otherwise directed by a pedestrian signal,

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pedestrians facing a steady RED ARROW signal indication shall not enter the roadway. (d) In the event an official traffic-control device signal is erected and maintained at a place other than an intersection, the provisions of this Section shall be applicable except as to those provisions which by their nature can have no application. Any stop required shall be made at a sign or marking on the pavement indicating where the stop shall be made, but in the absence of any such sign or marking, the stop shall be made at the signal. 68A-203. Pedestrian-control signals. Whenever special pedestrian-control signals exhibiting the words WALK or DON'T WALK are in place, such signals shall indicate as follows: (a) Flashing or steady WALK. Pedestrians facing such signal may proceed across the roadway in the direction of the signal. Every driver of a vehicle shall yield the right-of-way to such pedestrians. (b) Flashing or steady DON'T WALK. No pedestrian shall start to cross the roadway in the direction of such signal, but any pedestrian who has partially completed his crossing on the WALK signal shall proceed to a sidewalk or safety island while the DON'T WALK signal is showing. 68A-204. Flashing signals. (a) Flashing signal indications shall have the following meanings: (1) Flashing red (stop signal) When a red lens is illuminated with rapid intermittent flashes, drivers of vehicles shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection, and the right to proceed shall be subject to the rules applicable after making a stop at a stop sign. (2) Flashing yellow (caution signal) When a yellow lens

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is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or past such signal only with caution. 68A-204.1. Lane-direction control signals. When lane-direction-control signals are placed over the individual lanes of a street or road, vehicular traffic may travel in any lane over which a green signal is shown, but shall not enter or travel in any lane over which a red signal is shown. 68A-205. Display of unauthorized signs, signals or markings. (a) No person shall place, maintain, or display upon or in view of any highway any signs, signal, marking or device which purports to be or is an imitation of or resembles an official traffic-control device or railroad sign or signal, or which attempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of an official traffic-control device or any railroad sign or signal. (b) No person shall maintain or place nor shall any public authority permit upon any highway any traffic sign or signal bearing thereon any commercial advertising. (c) This section shall not be deemed to prohibit the erection upon private property adjacent to highways of signs giving useful directional information and of a type that cannot be mistaken for official signs. (d) Every such prohibited sign, signal or marking is hereby declared to be a public nuisance and the authority having jurisdiction over the highway is hereby empowered to remove the same or cause it to be removed without notice. 68A-206. Interference with official traffic control devices or railroad signs or signals. (a) No person shall, without lawful authority, attempt to or in fact alter, deface, injure, knock down or remove any official traffic-control device or any railroad sign or signal or any inscription, shield or insignia thereon, or any other part thereof. (b) No person shall, without lawful authority, drive

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around, through or ignore any official traffic-control device so as to go onto an officially closed highway or road or onto a section of highway or road before it has been officially opened to the public. This Section shall not apply to police officers in the performance of their duties; to individuals domiciled or making their livelihood within the affected area; to any person authorized to be in the affected area by the appropriate municipal, county, or state officer. ARTICLE III DRIVING ON RIGHT SIDE OF ROADWAY OVERTAKING AND PASSING USE OF ROADWAY 68A-301. Drive on right side of roadwayexceptions. (a) Upon all roadways of sufficient width a vehicle shall be driven upon the right half of the roadway, except as follows: (1) When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement; (2) When an obstruction exists making it necessary to drive to the left of the center of the highway; provided, any person so doing shall yield the right-of-way to all vehicles traveling in the proper direction upon the unobstructed portion of the highway within such a distance as to constitute an immediate hazard; (3) Upon a roadway divided into three marked lanes for traffic under the rules applicable thereon; or (4) Upon a roadway restricted to one-way traffic. (b) Upon all roadways any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand lane then available for traffic, or as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding

Page 651

in the same direction or when preparing for a left turn at an intersection or into a private road or driveway. (c) Upon any roadway having four or more lanes for moving traffic and providing for two-way movement of traffic, no vehicle shall be driven to the left of the center line of the roadway, except when authorized by official traffic-control devices designating certain lanes to the left side of the center of the roadway for use by traffic not otherwise permitted to use such lanes, or except as permitted under subsection (a) (2) hereof. However, this subsection shall not be construed as prohibiting the crossing of the center line in making a left turn into or from an alley, private road or driveway. (d) No two vehicles shall impede the normal flow of traffic by traveling side by side at the same time while in adjacent lanes: Provided, that this Section shall not be construed to prevent vehicles traveling side by side in adjacent lanes because of congested traffic conditions. 68A-302. Passing vehicles proceeding in opposite directions. Drivers of vehicles proceeding in opposite directions shall pass each other to the right, and upon roadways having width for not more than one line of traffic in each direction each driver shall give to the other at least one-half of the main-traveled portion of the roadway or as nearly as possible. 68A-303. Overtaking a vehicle on the left. The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions and special rules hereinafter stated: (a) The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle. (b) Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give

Page 652

way to the right in favor of the overtaking vehicle and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle. 68A-304. When overtaking on the right is permitted. (a) The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions: (1) When the vehicle overtaken is making or about to make a left turn; (2) Upon a street or highway with unobstructed pavement of sufficient width for two or more lines of moving vehicles in the direction being traveled by the overtaking vehicle. (b) If otherwise authorized the driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. Such movement shall not be made by driving off the roadway. 68A-305. Limitations on overtaking on the left. No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the operation of any vehicle approaching from the opposite direction or any vehicle overtaken. In every event the overtaking vehicle return to an authorized lane of travel as soon as practicable and in the event the passing movement involves the use of a lane authorized for vehicles approaching from the opposite direction, before coming within 200 feet of any approaching vehicle. 68A-306. Further limitations on driving on left of center of roadway. (a) No vehicle shall be driven on the left side of a roadway designed and authorized for traffic traveling in opposite directions under the following conditions: (1) When approaching or upon the crest of a grade or a

Page 653

curve in the highway where the driver's view is obstructed within such distance as to create a hazard in the event another vehicle might approach from the opposite direction; (2) When approaching within 100 feet of or traversing any intersection or railroad grade crossing; (3) When the view is obstructed upon approaching within 100 feet of any bridge, viaduct or tunnel. (b) The foregoing limitations shall not apply upon a oneway roadway, nor under the conditions described in section 68A-301(a) (2) of this Title nor to the driver of a vehicle turning left into or from an alley, private road, driveway or roadway. 68A-307. No-passing zones. (a) The Department of Transportation of Georgia and local authorities are hereby authorized to determine those portions of any highway under their respective jurisdictions where overtaking and passing or driving to the left side of the roadway would be especially hazardous and may by appropriate signs or markings on the roadway indicate the beginning and end of such zones and when such signs or markings are in place and clearly visible to an ordinarily observant person every driver of a vehicle shall obey the directions thereof. Such no-passing zones shall be clearly marked by a solid barrier line placed on the right-hand element of a combination stripe along the center or lane line. (b) Where signs or markings are in place to define a no-passing zone as set forth in subsection (a) no driver shall at any time drive on the left side of the roadway within such no-passing zone or on the left side of any pavement striping designed to mark such no-passing zone throughout its length. (c) This section does not apply under the conditions described in section 68A-301(a) (2) of this Title, nor to the driver of a vehicle turning left into or from an alley, private road or driveway.

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68A-308. One-way roadways and rotary traffic islands. (a) The Department of Transportation of Georgia and local authorities with respect to highways under their respective jurisdictions may designate any highway, roadway, part of a roadway or specific lanes upon which vehicular traffic shall proceed in one direction at all of such times as shall be indicated by official traffic control devices. (b) Upon a roadway so designated for one-way traffic, a vehicle shall be driven only in the direction designated at all or such times as shall be indicated by official traffic control devices. (c) A vehicle passing around a rotary traffic island shall be driven only to the right of such island. 68A-309. Driving on roadways laned for traffic. Whenever any roadway has been divided into two or more clearly marked lanes for traffic, the following rules in addition to all others consistent herewith shall apply: (a) A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety. (b) Upon a roadway which is divided into three lanes, and provides for two-way movement of traffic, with two lanes in one direction, a vehicle being driven in a continuous or center lane shall have the right-of-way when overtaking and passing another vehicle traveling in the same direction. (c) Upon a roadway which is divided into three lanes and provides for two-way movement of traffic, a vehicle shall not be driven in the center lane except when overtaking and passing another vehicle traveling in the same direction when such center lane is clear of traffic within a safe distance, or in preparation for making a left turn or where such center lane is at the time allocated exclusively to traffice moving in the same direction that the vehicle is proceeding and such allocation is designated by official traffic control devices or road striping.

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(d) Official traffic control devices may be erected directing specified traffic, including but not limited to buses or trucks, to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway and drivers of vehicles shall obey the directions of every such device. (e) Official traffic control devices may be installed prohibiting the changing of lanes on sections of roadway and drivers of vehicles shall obey the directions of every such device. 68A-310. Following too closely. (a) The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway. (b) The driver of any motor vehicle drawing another vehicle when traveling upon a roadway outside of a business or residence district and which is following another motor truck or motor vehicle drawing another vehicle shall, whenever conditions permit, leave sufficient space so that an overtaking vehicle may enter and occupy such space without danger, except that this shall not prevent a motor truck or motor vehicle drawing another vehicle from overtaking and passing any like vehicle or other vehicle. (c) Motor vehicles being driven upon any roadway outside of a business or residence district in a caravan or motorcade whether or not towing other other vehicles shall be so operated as to allow sufficient space between each such vehicle or combination of vehicles so as to enable any other vehicle to enter and occupy such space without danger. This provision shall not apply to funeral processions, parades or other groups of vehicles if such groups of vehicles are under the supervision and control of a law enforcement agency. (d) Vehicles which approach from the rear, other vehicle or vehicles stopped or slowed to make a lawful turn, shall be deemed to be following for purposes of this section.

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68A-311. Driving on divided highways. Every vehicle driven on a divided highway shall be driven only upon the right-hand roadway unless directed or permitted to use another roadway by official traffic control devices or police officers. No vehicle shall be driven over, across or within any such dividing space, barrier or section, except through an opening in such physical barrier or dividing space or at a crossover or intersection as established, unless specifically prohibited by an official sign, signal, or control device. 68A-312. Restricted access. No person shall drive a vehicle onto or from any controlled-access roadway except at such entrances and exits as are established by public authority. 68A-313. Restrictions on use of controlled-access highway. (a) The Department of Transportation of Georgia by order and local authorities by ordinance may regulate or prohibit the use of any controlled-access roadway within their respective jurisdictions by any class or kind of traffic which is found to be incompatible with the normal and safe movement of traffic. (b) Said Department or the local authority adopting any such prohibition shall erect and maintain official traffic control devices on the controlled-access highway on which such prohibitions are applicable and when in place no person shall disobey the restrictions stated on such devices. (c) For purposes of this section, roadways within the jurisdiction of the Department of Transportation of Georgia and roadways within the jurisdiction of local authorities shall be as set forth in Chapter 95A-2 of the Act known as the `Georgia Code of Public Transportation.' ARTICLE IV RIGHT-OF-WAY 68A-401. Vehicle approaching or entering intersection. (a) When two vehicles approach or enter an intersection from different highways at approximately the same time,

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the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right, provided that when a vehicle approaches or enters an intersection with no stop signs or other traffic control devices from a highway that terminates at the intersection, the driver of said vehicle shall yield the right-of-way to the other vehicle, whether the latter vehicle be on his right or left. (b) The right-of-way rule declared in paragraph (a) is modified at through highways and otherwise as stated in this Title. 68A-402. Vehicle turning left. The driver of a vehicle intending to turn to the left within an intersection or into an alley, private road or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard. 68A-403. Stop signs and yield signs. (a) Preferential right-of-way may be indicated by stop signs or yield signs as authorized in Georgia Code section 95A-901(a), as now or hereinafter amended. (b) Except when directed to proceed by a police officer, every driver of a vehicle approaching a stop sign shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering it. After having stopped, the driver shall yield the right-of-way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time when such driver is moving across or within the intersection or junction of roadways. (c) The driver of a vehicle approaching a yield sign shall in obedience to such sign slow down to a speed reasonable for the existing conditions and, if required for safety to stop, shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection,

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or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering it. After slowing or stopping, the driver shall yield the right-of-way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time such driver is moving across or within the intersection or junction of roadways. Providing, however, that if such a driver is involved in a collision with a vehicle in the intersection after driving past a yield sign without stopping, such collision shall be deemed prima facie evidence of his failure to yield right-of-way. 68A-404. Vehicle entering roadway. The driver of a vehicle about to enter or cross a roadway from any place other than another roadway shall yield the right-of-way to all vehicles approaching on the roadway to be entered or crossed. 68A-405. Operation of vehicles on approach of authorized emergency vehicles. (a) Upon the immediate approach of an authorized emergency vehicle making use of an audible signal meeting the requirements of section 116(d) of an Act approved January 11, 1954 (Ga. L. 1953, Nov. Sess., pp. 556, 612) and visual signals meeting the requirements of section 68A-107 of this Act or of a vehicle belonging to a federal, state or local law enforcement agency, properly and lawfully making use of an audible signal only, the driver of every other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the roadway clear of any intersection and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer. (b) This Section shall not operate to relieve the driver of any authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using that high-way. 68A-406. Highway construction and maintenance vehicles. (a) The driver of a vehicle shall yield the right-of-way

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to any authorized vehicle or pedestrian actually engaged in work upon a highway within any highway construction or maintenance area indicated by official traffic control devices. (b) The driver of a vehicle shall yield the right-of-way to an authorized vehicle actually engaged in work upon a highway whenever such vehicle displays flashing or revolving amber lights meeting the requirements of section 102 of an Act approved January 11, 1954 (Ga. L. 1953, Nov. Sess., pp. 556, 602), as now or as hereafter amended, and has a permit to use such amber lights as required by Section 3 of an Act approved April 6, 1972 (Ga. L. 1972, p. 1002), as now or as hereafter amended. ARTICLE V PEDESTRIANS' RIGHTS AND DUTIES 68A-501. Pedestrian obedience to traffic control devices and traffic regulations. (a) A pedestrian shall obey the instructions of any official traffic control device specifically applicable to him, unless otherwise directed by a police officer. (b) Pedestrians shall be subject to traffic and pedestrian control signals as provided in section 68A-202 and 68A-203 of this Title. (c) At all other places, pedestrians shall be accorded the privileges and shall be subject to the restrictions stated in this Title. 68A-502. Pedestrians' right-of-way in crosswalks. (a) When traffic-control signals are not in place or not in operation the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.

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(b) No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impractical for the driver to yield. (c) Subsection (a) shall not apply under the conditions stated in Section 68A-503(b) of this Title. (d) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle. 68A-503. Crossing at other than crosswalks. (a) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway, unless he has already, and under safe conditions, entered the roadway. (b) Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the roadway if he uses the roadway instead of such tunnel or crossing. (c) Between adjacent intersections at which traffic control signals are in operation, pedestrians shall not cross at any place except in a marked crosswalk. (d) No pedestrian shall cross a roadway intersection diagonally unless authorized by official traffic control devices; and, when authorized to cross diagonally, pedestrians shall cross only in accordance with the official traffic control devices pertaining to such crossing movements. 68A-504. Drivers to exercise due care. Notwithstanding other provisions of this Title, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon

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observing any child or any obviously confused, incapacitated or intoxicated person. 68A-504.1. Blind pedestrian right-of-way. The driver of every vehicle shall yield the right-of-way to any blind pedestrian who is carrying a walking cane or stick white in color or white tipped with red or who is accompanied by a guide dog. 68A-505. Pedestrians to use right half of crosswalks. Pedestrians shall move, whenever practicable, upon the right half of crosswalks. 68A-505.1. Pedestrians under the influence. A person who is under the influence of intoxicating liquor or any drug to a degree which renders himself a hazard shall not walk or be upon any roadway. 68A-506. Pedestrians on highways. (a) Where a sidewalk is provided, it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway. (b) Where a sidewalk is not provided but a shoulder is available, any pedestrian walking along and upon a highway shall walk only on the shoulder, as far as practicable from the edge of the roadway. (c) Where neither a sidewalk nor a shoulder is available, any pedestrian walking along and upon a highway shall walk as near as practicable to an outside edge of the roadway, and, if on a two-lane roadway, shall walk only on the left side of the roadway. (d) Except as otherwise provided in this Title, any pedestrian upon a roadway shall yield the right-of-way to all vehicles upon the roadway. (e) No pedestrian shall enter or remain upon any bridge or approach thereto beyond the bridge signal, gate, or barrier after a bridge operation signal indication has been given.

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(f) No pedestrian shall pass through, around, over, or under any crossing gate or barrier at a railroad grade crossing or bridge while such gate or barrier is closed or is being opened or closed. 68A-507. Pedestrians soliciting rides or business. (a) No person shall stand in a roadway for the purpose of soliciting a ride. (b) No person shall stand on a highway for the purpose of soliciting employment, business, or contributions from the occupant of any vehicle. (c) No person shall stand on or in proximity to a street or highway for the purpose of soliciting the watching or guarding of any vehicle while parked or about to be parked on a street or highway. 68A-508. Driving through safety zone prohibited. No vehicle shall at any time be driven through or within a safety zone. 68A-509. Pedestrians' right-of-way on sidewalks. The driver of a vehicle shall yield the right-of-way to any pedestrian on a sidewalk. 68A-510. Pedestrians yield to authorized emergency vehicles. (a) Upon the immediate approach of an authorized emergency vehicle making use of an audible signal meeting the requirements of section 116 (d) of an Act approved January 11, 1954 (Ga. L. 1953, Nov.-Dec. Sess., pp. 556, 612), as now or as hereafter amended, and visual and audible signals meeting the requirements of section 68A-106 of this Act, every pedestrian shall yield the right-of-way to the authorized emergency vehicle. (b) This section shall not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway, nor from the duty to exercise due care to avoid colliding with any pedestrian.

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ARTICLE VI TURNING AND STARTING AND SIGNALS ON STOPPING AND TURNING 68A-601. Required position and methods of turning at intersections. The driver of a vehicle intending to turn at an intersection shall do so as follows: (a) Right turn. Both the approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of the roadway. (b) Left turn. The driver of a vehicle intending to turn left shall approach the turn in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of such vehicle. Whenever practicable, the left turn shall be made to the left of the center of the intersection and so as to leave the intersection or other location in the extreme left-hand lane lawfully available to traffic moving in the same direction as such vehicle on the roadway being entered. (c) The Department of Transportation of Georgia and local authorities in their respective jurisdictions may cause official traffic control devices to be placed within or adjacent to intersections or other locations and thereby require and direct that a different course from that specified in this section be traveled by turning vehicles, and when such devices are so placed, no driver of a vehicle shall turn a vehicle other than as directed and required by such devices. 68A-602. Turning on curve or crest of grade prohibited. No vehicle shall be turned so as to proceed in the opposite direction: (a) upon any curve, (b) upon the approach to or near the crest of a grade, where such vehicle cannot be seen by the driver of another vehicle approaching from either direction, or

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(c) where such turn cannot be made in safety and without interfering with other traffic. 68A-603. Starting parked vehicle. No person shall start a vehicle which is stopped, standing or parked unless and until such movement can be made with reasonable safety. 68A-604. Turning movements and required signals. (a) No person shall turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway as required in section 68A-601 of this Title, or turn a vehicle to enter a private road or driveway, or otherwise turn a vehicle from a direct course or change lanes or move right or left upon a roadway unless and until such movement can be made with reasonable safety. No person shall so turn any vehicle without giving an appropriate and timely signal in the manner hereinafter provided. (b) A signal of intention to turn right or left or change lanes when required shall be given continuously for a time sufficient to alert the driver of a vehicle proceeding from the rear in the same direction or a driver of a vehicle approaching from the opposite direction. (c) No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided herein to the driver of any vehicle immediately to the rear when there is an opportunity to give such signal. (d) The signals provided for in section 68A-605(b) of this Title shall be used to indicate an intention to turn, change lanes, or start from a parked position and shall not be flashed on one side only on a parked or disabled vehicle, or flashed as a courtesty or `do pass' signal to operators of other vehicles approaching from the rear. 68A-605. Signals by hand and arm or signal lamps. (a) Any stop or turn signal when required herein shall be given either by means of the hand and arm or by signal lamps, except as otherwise provided in subsection (b) of this Section.

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(b) Any motor vehicle in use on a highway shall be equipped with, and a required signal shall be given by, signal lamps when the distance from the center of the top of the steering post to the left outside limit of the body, cab or load of such motor vehicle exceeds 24 inches, or when the distance from the center of the top of the steering post to the rear limits of the body or load thereof exceeds 14 feet. The latter measurement shall apply to any single vehicle, also to any combination of vehicles. 68A-606. Method of giving hand and arm signals. All signals herein required given by hand and arm shall be given from the left side of the vehicle in the following manner and such signals shall indicate as follows: (a) Left turn.Hand and arm extended horizontally. (b) Right turn.Hand and arm extended upward. (c) Stop or decrease speed.Hand and arm extended downward. ARTICLE VII SPECIAL STOPS REQUIRED 68A-701. Obedience to signal indicating approach of train. (a) Whenever any person driving a vehicle approaches a railroad grade crossing, the driver of such vehicle shall stop within 50 feet but not less than 15 feet from the nearest rail of such railroad, and shall not proceed until he can do so safely, when: (1) A clearly visible electric or mechanical signal device gives warning of the immediate approach of a train; (2) A crossing gate is lowered, or when a human flagman gives or continues to give a signal of the approach of the passage of a train; (3) An approaching train is plainly visible and is in hazardous proximity to such crossing.

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(b) No person shall drive any vehicle through, around, or under any crossing gate or barrier at a railroad crossing while such gate or barrier is closed or is being opened or closed. 68A-702. All vehicles must stop at certain railroad grade crossings. The Department of Transportation of Georgia and local authorities with the approval of said Department are hereby authorized to designate particularly dangerous highway grade crossings of railroads and to erect stop signs thereat. When such stop signs are erected, the driver of any vehicle shall stop within 50 feet but not less than 15 feet from the nearest rail of such railroad and shall proceed only upon exercising due care. 68A-703. Certain vehicles must stop at all railroad crossings. (a) The driver of any motor vehicle carrying passengers for hire, or of any school bus carrying any school child, or of any vehicle carrying explosive substances or flammable liquids as a cargo or part of a cargo, before crossing at grade any track or tracks of a railroad, shall stop such vehicle within 50 feet but not less than 15 feet from the nearest rail of such railroad and while so stopped shall listen and look in both directions along such track for any approaching train, and for signals indicating the approach of a train, except as hereinafter provided, and shall not proceed until he can do so safely. After stopping as required herein and upon proceeding when it is safe to do so, the driver of any said vehicle shall cross only in such gear of the vehicle that there will be no necessity for changing gears while traversing such crossing and the driver shall not shift gears while crossing the track or tracks. (b) No stop need be made at any such crossing where a police officer or a traffic control signal directs traffic to proceed. 68A-704. Moving heavy equipment at railroad grade crossings. (a) No person shall operate or move a crawlertype tractor, steam shovel, derrick, roller, or any equipment or structure having a normal operating speed of 10 or less miles per hour or a vertical body or load clearance of less

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than one-half inch per foot of the distance between any two adjacent axles or in any event of less than nine inches, measured above the level surface of a roadway, upon or across any tracks at a railroad grade crossing without first complying with this Section. (b) Notice of any such intended crossing shall be given to a station agency of such railroad and a reasonable time be given to such railroad to provide proper protection at such crossing. (c) Before making any such crossing, the person operating or moving any such vehicle or equipment shall first stop the same not less than 15 feet nor more than 50 feet from the nearest rail of such railroad and while so stopped, shall listen and look in both directions along such track for any approaching train and for signals indicating the approach of a train, and shall not proceed until the crossing can be made safely. (d) No such crossing shall be made when warning is given by automatic signal or crossing gates or a flagman or otherwise of the immediate approach of a railroad train or car. If a flagman is provided by the railroad, movement over the crossing shall be under his direction. 68A-705. Emerging from alley, driveway or building. The driver of a vehicle emerging from an alley, building, private road or driveway within a business or residence district shall stop such vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across such alley, building entrance, road or driveway, or in the event there is no sidewalk area, shall stop at the point nearest the street to be entered where the driver has a view of approaching traffic thereon. 68A-706. Overtaking and passing school bus. (a) The driver of a vehicle meeting or overtaking from either direction any school bus stopped on the highway shall stop before reaching such school bus when there is in operation on said school bus the visual signals as specified in subsections (b) and (c) of this Section and said driver shall not proceed until

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such school bus resumes motion, or the visual signals are no longer actuated. (b) Every school bus as defined in section 68A-101 (46) (a) of this Title shall be painted yellow and identified and equipped as provided in Section 89 of an Act approved January 11, 1954, entitled `Uniform Act Regulating Traffic on Highways,' (Ga. L. 1953, Nov.-Dec. Sess. pp. 556-596), as amended, and particularly as amended by an Act approved March 21, 1970 (Ga. L. 1970, p. 586) (Ga. Code Ann., section 68-1667, as now or hereinafter amended). These identification and equipment standards shall apply to all such school buses regardless of size or capacity. A school bus driver shall actuate the visual signals required by subsections (b) and (c) whenever, but only whenever, the school bus is stopped on the highway for the purpose of receiving or discharging school children. A school bus driver shall not actuate said visual signals: (1) At intersections or other places where traffic is controlled by traffic control signals or police officers; or (2) In designated school bus loading areas where the bus is entirely off the roadway. (c) This section shall not prohibit the use of a school bus as defined in section 68A-101 (46) (b) for special school route service provided it shall meet the following identification and equipment requirements: (1) Such a vehicle need not be painted yellow or black; (2) Such buses shall be equipped with four hooded or recessed red flasher lamps, or four red flasher lamps and four amber flasher lamps mounted on the same horizontal centerline as the red lamps and nearer the centerline. Such amber lamps shall be at least two and a half (2) times brighter than the red lamps. The system shall be wired so that the amber signal lamps are activated only by manual or foot operation and if activated are automatically deactivated and the red signal lamps activated when the bus entrance door is opened. The color in all lighting equipment

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covered in this Title shall be in accordance with Society of Automotive Engineers (SAE) Standard J578a, April, 1965. (3) While transporting children to or from school it shall be equipped with temporary signs, located conspicuously on the front and back of such vehicle. A. The sign on the front shall have the words `SCHOOL BUS' printed in black letters not less than six inches high, on a background of National School Bus Glossy Yellow. B. The sign on the rear shall be at least ten square feet in size and shall be painted National School Bus Glossy Yellow, and have the words `SCHOOL BUS' printed in black letters not less than eight inches high. (d) It shall be unlawful to operate: (1) Any school bus which is transporting children unless the headlamps on such school bus are illuminated; (2) Any vehicle displaying the words, `SCHOOL BUS', unless it meet the color, identification and equipment requirements set forth in section 68A-706(b) or (c) of this Title; (3) A vehicle without the words `SCHOOL BUS' but nevertheless which is of a color and exhibits some equipment or identification which reasonably could cause a motorist to confuse it with a properly colored, identified, and equipped school bus as defined in section 68A-706(b); (4) Any school bus for purposes other than the transportation of school children to or from school or school activities without concealing or covering all markings thereon indicating `SCHOOL BUS'; (5) A vehicle which has been permanently converted from the purpose of transporting students to or from school or school activities without first having painted such vehicle some color other than yellow required in section 68A-706(b)

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of this Title, and without having removed the stop arms, if any, and any equipment required by section 68A-706(b) of this Title; (6) A school bus transporting school children to and from school at a speed greater than 40 miles per hour. (e) The driver of a vehicle upon a highway with separate roadways need not stop upon meeting or passing a school bus which is on a different roadway or when upon a controlled-access highway and the school bus is stopped in a loading zone which is a part of or adjacent to such highway and where pedestrians are not permitted to cross the roadway. (f) Notwithstanding any of the provisions of this section or any other provisions of this Title to the contrary, local transit systems, until January 1, 1977, and churches and private schools may own and operate buses for the transportation of students to and from churches or church activities or schools or school activities in buses which do not have the special equipment, color or marking set forth in this section. In the event any local transit system, prior to January 1, 1977, or any church or private school operates buses pursuant to this subsection without the special equipment, color or marking, drivers of vehicles shall not be required to stop for the loading or unloading of school children. (g) Notwithstanding any other provision of this Title to the contrary, churches, private schools or local transit systems may operate school buses meeting the equipment, color and marking requirements of subsection (b) or (c) of section 68A-706, and drivers of vehicles shall be required to stop as set forth in section 68A-706(a), For purposes of this subsection, only churches and private schools are authorized to comply with the provisions of section 68A-706(b) and only local transit systems are authorized to comply with section 68A-706(c).

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ARTICLE VIII SPEED RESTRICTIONS (RESERVED) ARTICLE IX SERIOUS TRAFFIC OFFENSES 68A-901. Reckless driving. (a) Any person who drives any vehicle in reckless disregard for the safety of persons or property is guilty of reckless driving. (b) Every person convicted of reckless driving shall be punished upon a first conviction by imprisonment for a period of not less than five days nor more than 90 days, or by a fine of not less than $25 nor more than $500, or by both such fine and imprisonment, and on a second or subsequent conviction within three years shall be punished by imprisonment for not less than 10 days nor more than six months, or by a fine of not less than $50 nor more than $1,000, or by both such fine and imprisonment, provided, that no provision of this section shall be construed so as to deprive the court imposing the sentence of the power given by law to stay or suspend the execution of such sentence or to place the defendant on probation. 68A-902. Drivers with ability impaired by alcohol or drugs. (a) A person shall not drive or be in actual physical control of any moving vehicle while: (1) Under the influence of alcohol; (2) Under the influence of any drug to a degree which renders him incapable of safely driving; or (3) Under the combined influence of alcohol and any drug to a degree which renders him incapable of safely driving. (b) The fact that any person charged with violating this Section is or has been legally entitled to use a drug shall not

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constitute a defense against any charge of violating this Section. (c) Every person convicted of violating this Section shall be punished by imprisonment for not less than 10 days nor more than one year, or by fine of not less than $100 nor more than $1,000, or by both such fine and imprisonment. On a second or subsequent conviction within three years, he shall be punished by imprisonment for not less than 90 days nor more than one year, and, in the discretion of the court, a fine of not more than $1,000. The foregoing limitations on punishment also shall apply when a defendant has been convicted of violating by a single transaction more than one of the four provisions of subsection (a). Provided that no provision of this Section shall be construed so as to deprive the court imposing the sentence of the power given by law to the court to stay or suspend the execution of such sentence or to place the defendant on probation. 68A-902.1. Chemical tests. (a) Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person while driving or in actual physical control of a vehicle while under the influence of alcohol or drugs, evidence of the amount of alcohol or drug in a person's blood at the alleged time, as determined by a chemical analysis of the person's blood, urine, breath or other bodily substance, shall be admissible. Where such a chemical test is made, the following provisions shall apply: (1) Chemical analysis of the person's blood, urine, breath, or other bodily substance to be considered valid under the provisions of this Section shall have been performed according to methods approved by the State Crime Laboratory and by an individual possessing a valid permit issued by the State Crime Laboratory for this purpose. The State Crime Laboratory is authorized to approved satisfactory techniques or methods, to ascertain the qualifications and competence of individuals to conduct analyses, and to issue permits which shall be subject to termination or revocation at the discretion of the State Crime Laboratory.

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(2) When a person shall submit to a blood test at the request of a law enforcement officer under the provisions of section 2 of an Act approved March 27, 1968 (Ga. L. 1968, pp. 448, 452, Ga. Code Ann., section 68-1625.1), as now or as hereafter amended, only a physician or registered nurse (or other qualified person) may withdraw blood for the purpose of determining the alcoholic content therein. This limitation shall not apply to the taking of breath or urine specimens. (3) The person tested may have a physician, or a qualified technician, chemist, registered nurse, or other qualified person of his own choosing administer a chemical test or tests in addition to any administered at the direction of a law enforcement officer. The justifiable failure or inability to obtain an additional test by a person shall not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer. (4) Upon the request of the person who shall submit to a chemical test or tests at the request of a law enforcement officer, full information concerning the test or tests shall be made available to him or his attorney. The arresting officer at the time of arrest shall advise the person arrested of his rights to a chemical test or tests according to this Section. (5) Percent by weight of alcohol in the blood shall be based upon grams of alcohol per 100 cubic centimeters of blood. (b) Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person while driving or in actual physical control of a moving vehicle while under the influence of alcohol, the amount of alcohol in the person's blood at the time alleged as shown by chemical analysis of the person's blood, urine, breath or other bodily substance shall give rise to the following presumptions: (1) If there was at that time 0.05 percent or less by weight of alcohol in the person's blood, it shall be presumed that the person was not under the influence of the alcohol.

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(2) If there was at that time in excess of 0.05 percent but less than 0.10 percent by weight of alcohol in the person's blood, such fact shall not give rise to any presumption that the person was or was not under the influence of alcohol, but such fact may be considered with other competent evidence in determining whether the person was under the influence of alcohol. (3) If there was at that time 0.10 percent or more by weight of alcohol in the person's blood, it shall be presumed that the person was under the influence of alcohol. 68A-903. Homicide by vehicle. (a) Whoever shall, without malice aforethought, cause the death of another person through the violation of Section 901 of this Title, `Reckless Driving,' shall be guilty of homicide by vehicle in the first degree. A person convicted under this subsection shall be punished by imprisonment for not less than one year nor more than five years. (b) Whoever shall cause the death of another person, without an intention to do so, by violating any Section of this Title other than Section 901 or Section 904(c) shall be guilty of homicide by vehicle in the second degree when such violation is the cause of said death. A person convicted under this subsection shall be punished as for a misdemeanor. 68A-904. Fleeing or attempting to elude a police officer. (a) Any driver of a motor vehicle who willfully fails or refuses to bring his vehicle to a stop, or who otherwise flees or attempts to elude a pursuing police vehicle, when given a visual or an audible signal to bring the vehicle to a stop, shall be guilty of a misdemeanor. The signal given by the police officer may be by hand, voice, emergency light or siren. The officer giving such signal shall be in uniform prominently displaying his badge of office, and his vehicle shall be appropriately marked showing it to be an official police vehicle. (b) Every person convicted of fleeing or attempting to elude a police officer shall be punished by imprisonment for not less than 30 days nor more than six months or by a fine

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of not less than $100 nor more than $500, or by both such fine and imprisonment. (c) It shall be unlawful for a person: (1) to impersonate a sheriff, deputy sheriff, state trooper, agent of the State Division of Investigation, agent of the Federal Bureau of Investigation, police officer or any other authorized law enforcement officer by using a motor vehicle or motorcycle designed, equipped, or marked so as to resemble a motor vehicle or motorcycle belonging to any federal, state or local law enforcement agency; or (2) to otherwise impersonate any such law enforcement officer in order to direct, stop, or otherwise control traffic. ARTICLE X STOPPING, STANDING, AND PARKING 68A-1001. Stopping, standing or parking outside of business or residence districts. (a) Outside of a business or residence district no person shall stop, park or leave standing any vehicle, whether attended or unattended, upon the roadway when it is practicable to stop, park or so leave such vehicle off the roadway, but in every event an unobstructed width of the highway opposite a standing vehicle shall be left for the free passage of other vehicles and a clear view of such stopped vehicle shall be available from a distance of 200 feet in each direction upon such highway. (b) This section and sections 68A-1003 and 68A-1004 shall not apply to the driver of any vehicle which is disabled while on the roadway in such a manner and to such extent that it is impossible to avoid stopping and temporarily leaving such disabled vehicle in such position. 68A-1002. Officers authorized to remove vehicles. (a) Whenever any police officer finds a vehicle in violation of any of the provisions of 68A-1001, 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, to a position off the roadway.

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(b) Any police officer is hereby authorized to remove or cause to be removed to a place of safety any unattended vehicle illegally left standing upon any highway, bridge, causeway, or in any tunnel. (c) Any police officer is hereby authorized to remove or cause to be removed to the nearest garage or other place of safety any vehicle found upon a highway when: (1) Report has been made that such vehicle has been stolen or taken without the consent of its owner, or (2) The person or persons in charge of such vehicle are unable to provide for its custody or removal, or (3) When the person driving or in control of such vehicle is arrested for an alleged offense for which the officer is required by law to take the person arrested before a proper magistrate without unnecessary delay, or (4) When any such vehicle has been left unattended for 24 hours or more. 68A-1003. Stopping, standing or parking prohibited in specified places. (a) Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or official traffic control device, no person shall: (1) Stop, stand or park a vehicle; A. On the roadway side of any vehicle stopped or parked at the edge of a curb of a street; B. On a sidewalk; C. Within an intersection; D. On a crosswalk; E. Between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends

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of a safety zone, unless a different length is indicated by signs or markings; F. Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic; G. Upon any bridge or other elevated structure upon a highway or within a highway tunnel; H. On any railroad tracks; I. On any controlled-access highway; J. In the area between roadways of a divided highway, including crossovers; K. At any place where official signs prohibit stopping. (2) Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers: A. In front of a public or private driveway; B. Within 15 feet of a fire hydrant; C. Within 20 feet of a crosswalk at an intersection; D. Within 30 feet upon the approach to any flashing signal, stop sign, yield sign, or traffic control signal located at the side of a roadway. E. Within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of said entrance (when properly signposted); F. At any place where official signs prohibit standing. (3) Park a vehicle, whether occupied or not, except

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temporarily for the purpose of and while actually engaged in loading or unloading property or passengers: A. Within 50 feet of the nearest rail of a railroad crossing; B. At any place where official signs prohibit parking. (b) No person shall move a vehicle not lawfully under his control into any such prohibited area or away from curb such a distance as is unlawful. 68A-1004. Additional parking regulations. (a) Except as otherwise provided in this Section, every vehicle stopped or parked upon a two-way roadway shall be so stopped or parked with the right-hand wheels parallel to and within 12 inches of the right-hand curb or as close as practicable to the right edge of the right-hand shoulder. (b) Except when otherwise provided by local ordinance, every vehicle stopped or parked upon a one-way roadway shall be so stopped or parked parallel to the curb or edge of the roadway, in the direction of authorized traffic movement, with its right-hand wheels within 12 inches of the right-hand curb or as close as practicable to the right edge of the right-hand shoulder, or with its left-hand wheels within 12 inches of the left-hand curb or as close as practicable to the left edge of the left-hand shoulder. (c) Local authorities may by ordinance permit angle parking on any roadway, except that angle parking shall not be permitted on any federal-aid or State highway unless the Department of Transportation of Georgia has determined that the roadway is of sufficient width to permit angle parking without interfering with the free movement of traffic. (d) Said Department with respect to highways under its jurisdiction, may place signs prohibiting, restricting or limiting the stopping, standing or parking of vehicles on any highway where in its opinion, as evidenced by resolution or order entered in its minutes, such stopping, standing or

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parking is dangerous to those using the highway or where the stopping, standing or parking of vehicles would unduly interfere with the free movement of traffic thereon. Such signs shall be official signs and no person shall stop, stand, or park any vehicle in violation of the restrictions on such signs. 68A-1005. Obstructing an intersection. No driver shall enter an intersection unless there is sufficient space on the other side of the intersection to accommodate the vehicle he is operating without obstructing the passage of other vehicles or pedestrians, notwithstanding any traffic control signal indication to proceed. ARTICLE XI MISCELLANEOUS RULES 68A-1101. Unattended motor vehicle. No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition, effectively setting the brake thereon and, when standing upon any grade, turning the front wheels to the curb or side of the highway. 68A-1102. Limitations on backing. (a) The driver of a vehicle shall not back the same unless such movement can be made with safety and without interfering with other traffic. (b) The driver of a vehicle shall not back the same upon any shoulder or roadway of any controlled-access highway. 68A-1103. Driving upon sidewalk. No person shall drive any vehicle upon a sidewalk or sidewalk area except upon a permanent or duly authorized driveway. 68A-1104. Obstruction to driver's view or driving mechanism. (a) No person shall drive a vehicle when it is so loaded, or when there are in the front seat such a number of persons, exceeding three, as to obstruct the view of the driver to the

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front or sides of the vehicle or as to interfere with the driver's control over the driving mechanism of the vehicle. (b) No passenger in a vehicle shall ride in such position as to interfere with the driver's view ahead or to the sides, or to interfere with his control over the driving mechanism of the vehicle. 68A-1105. Opening and closing vehicle doors. No person shall open the door of a motor vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, and can be done without interfering with the movement of other traffic, nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers. 68A-1106. Riding in house trailers. No person or persons shall occupy a house trailer while it is being moved upon a public highway. 68A-1107. Driving on mountain highways. The driver of a motor vehicle traveling through defiles or canyons or on mountain highways shall hold such motor vehicle under control and as near the right-hand edge of the highway as reasonably possible, and except when driving entirely to the right of the center of the roadway, shall give audible warning with the horn of such motor vehicle upon approaching any curve where the view is obstructed within a distance of 200 feet along the highway. 68A-1108. Coasting prohibited. (a) The driver of any motor vehicle when traveling upon a down grade shall not coast with the gears or transmission of such vehicle in neutral. (b) The driver of a truck or bus when traveling upon a down grade shall not coast with the clutch disengaged. 68A-1109. Following emergency vehicles prohibited. The driver of any vehicle other than one on official business shall not follow any fire apparatus traveling in response to a fire alarm or other emergency vehicle closer than 500 feet

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or drive into or park such vehicle within 500 feet of any fire apparatus stopped in answer to a fire alarm. 68A-1110. Crossing fire hose. No vehicle shall be driven over any unprotected hose of a fire department when laid down on any street, private road or driveway to be used at any fire or alarm of fire, without consent of the fire department official in command. 68A-1111. Putting glass, etc., on highway prohibited. A person littering a highway in violation of the Litter Control Law, an Act approved March 20, 1970 (Ga. L. 1970, p. 494; Ga. Code Ann., section 85-1604(c), 9901), as now or as hereafter amended, shall be punished as provided in that law. ARTICLE XII OPERATION OF BICYCLES AND PLAY VEHICLES 68A-1201. Effect of regulations. (a) It is a misdemeanor for any person to do any act forbidden or fail to perform any act required in this Article. (b) The parent of any child and the guardian of any ward shall not authorize or knowingly permit any such child or ward to violate any of the provisions of this Article. (c) These regulations applicable to bicycles shall apply whenever a bicycle is operated upon a highway or upon any path set aside for the exclusive use of bicycles subject to those exceptions stated herein. 68A-1202. Traffic laws apply to persons riding bicycles. Every person riding a bicycle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this Title, except as to special regulations in this article and except as to those provisions of this Title when by their nature can have no application. 68A-1203. Riding on bicycles. (a) A person propelling a bicycle shall not ride other than upon or astride a permanent

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and regular seat attached thereto, and will allow no person to ride upon the handlebars. (b) No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped. 68A-1204. Clinging to vehicles. No person riding upon any bicycle, coaster, roller skates, sled or toy vehicle shall attach the same or himself to any vehicle upon a roadway. 68A-1205. Riding on roadways and bicycle paths. (a) Every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction. (b) Persons riding bicycles upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles. (c) Wherever a usable path or sidewalk designated for use of bicycle riders adjacent to a roadway has been provided, bicycle riders shall use such path or sidewalk and shall not use the roadway. 68A-1206. Carrying articles. No person operating a bicycle shall carry any package, bundle or article which prevents the driver from keeping at least one hand upon the handlebars. 68A-1207. Lamps and other equipment on bicycles. (a) Every bicycle when in use at nighttime shall be equipped with a lamp on the front which shall emit a white light visible from a distance of 300 feet to the front and with a red reflector on the rear of a type approved by the Department which shall be visible from a distance of 300 feet to the rear when directly in front of lawful upper beams of head lamps on a motor vehicle. A lamp emitting a red light may be used in addition to the red reflector, which is visible from a distance of 300 feet to the rear.

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(b) Every bicycle sold or operated shall be equipped with a brake which will enable the operator to make the braked wheels skid on dry, level pavement. (c) No bicycle shall be equipped or operated while equipped with a set of handle bars so raised that the operator must elevate his hands above his shoulders in order to grasp the normal steering grip area. (d) No bicycle shall be equipped, 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, nor shall any bicycle be operated if so equipped. 68A-1208. Reflectors on pedals. (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 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. (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. 68A-1209. Promulgation of Rules and Regulations. The Commissioner of Public Safety is authorized to promulgate rules and regulations to carry this article into effect, and is authorized to establish regulations for any additional safety equipment or standards he shall require for bicycles. ARTICLE XIII SPECIAL RULES FOR MOTORCYCLES 68A-1301. Traffic laws apply to persons operating motorcycles. Every person operating a motorcycle shall be granted all of the rights and shall be subject to all of the duties applicable

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to the driver of any other vehicle under this Title, except as to special regulations in this article and except as to those provisions of this Title which by their nature can have no application. 68A-1302. Riding on motorcycles. (a) A person operating a motorcycle shall ride only upon the permanent and regular seat attached thereto, and such operator shall not carry any other person nor shall any other person ride on a motorcycle unless such motorcycle is designed to carry more than one person, in which event a passenger may ride upon the permanent and regular seat if designed for two persons, or upon another seat firmly attached to the motorcycle at the rear or side of the operator. (b) A person shall ride upon a motorcycle only while sitting astride the seat, facing forward, with one leg on either side of the motorcycle. (c) No person shall operate a motorcycle while carrying any package, bundle, or other article which prevents him from keeping both hands on the handlebars. (d) No operator shall carry any person, nor shall any person ride, in a position that will interfere with the operation or control of the motorcycle or the view of the operator, (e) No person shall operate or ride upon a motorcycle unless he shall wear some type of footwear in addition to or other than socks. 68A-1303. Operating motorcycles on roadways laned for traffic. (a) All motorcycles are entitled to full use of a lane and no motor vehicle shall be driven in such a manner as to deprive any motorcycle of the full use of a lane. This subsection shall not apply to motorcycles operated two abreast in a single lane. (b) The operator of a motorcycle shall not overtake and pass in the same lane occupied by the vehicle being overtaken.

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(c) No person shall operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles. (d) Motorcycles shall not be operated more than two abreast in a single lane. (e) A person operating a motorcycle at all times shall keep his head lamps and tail lights illuminated. (f) Subsections (b) and (c) shall not apply to police officers in the performance of their official duties. 68A-1304. Clinging to other vehicles. No person riding upon a motorcycle shall attach himself or the motorcycle to any other vehicle on a roadway. 68A-1305. Footrests and handlebars. (a) Any motorcycle carrying a passenger, other than in a sidecar or enclosed cab, shall be equipped with footrests for such passenger. (b) No person shall operate any motorcycle with handlebars more than 15 inches in height above that portion of the seat occupied by the operator, or with a backrest more commonly known as a sissy bar that is designed in such a way as to create a sharp point at its apex. 68A-1306. Equipment for motorcycle riders. (a) No person shall operate or ride upon a motorcycle unless he is wearing protective headgear which complies with standards established by the Commissioner of Public Safety. (b) No person shall operate or ride upon a motorcycle if the motorcycle is not equipped with a windshield unless he is wearing an eye-protective device of a type approved by the Commissioner of Public Safety. (c) This Section shall not apply to persons riding within an enclosed cab or motorized cart. (d) The Commissioner of Public Safety is hereby authorized to approve or disapprove protective headgear and eye-protective devices required herein, and to issue and

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enforce regulations establishing standards and specifications for the approval thereof. The Commissioner shall publish lists of all protective headgear and eye-protective devices by name and type which have been approved by him. The Commissioner is authorized to promulgate rules and regulations to carry this article into effect, and is authorized to establish regulations for safety equipment or standards for the operation of motorcycles. ARTICLE XIV MOTORIZED CARTS 68A-1401. Definition. Motorized Cart. (a) Every motor vehicle having no less than three wheels, an unladen weight of 1,300 pounds, which cannot operate at more than 20 miles per hour, and which is designed to carry no more than two persons, including the driver. (b) Motorized carts may be operated on streets only during daylight hours unless they comply with the equipment regulations promulgated by the Commissioner of Public Safety. 68A-1402. Authority to operate on streets. (a) A local governing authority may, by ordinance, designate certain public streets or portions thereof for the combined use of motorized carts and regular vehicular traffic, and the conditions under which motorized carts may be operated upon such streets or portions thereof. (b) Such ordinances may establish operating standards, but shall not require motorized carts to meet any requirements of general law as to registration, inspection, or licensing. (c) Such motorized carts may cross streets and highways under the jurisdiction of the Department of Transportation only at crossings or intersections designated for that purpose by the Department.

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(d) The ordinances shall not be effective unless appropriate signs giving notice are posted along the public streets effected. ARTICLE XV APPLICATION AND EFFECT OF THIS TITLE 68A-1501. Provisions uniform throughout State. The provisions of this Title shall be applicable and uniform throughout this State and in all counties and municipalities therein, and no local authority, as defined in section 68A-101 (21), shall enact or enforce any ordinance on a matter covered by the provisions of this Title except as expressly authorized in sections 68A-1502 and 1503. 68A-1502. Powers of local authorities. (a) The provisions of this Title shall not be deemed to prevent local authorities with respect to streets and highways under their jurisdiction and within the reasonable exercise of the police power from: (1) Regulating or prohibiting stopping, standing, or parking; (2) Regulating traffic by means of police officers or official traffic-control devices; (3) Regulating or prohibiting processions or assemblages on the highways; (4) Designating particular highways or roadways for use by traffic moving in one direction as authorized in section 68A-308; (5) Establishing speed limits for vehicles in public parks notwithstanding any provisions of law establishing a minimum speed limit for an area outside an urban or residence district; (6) Designating any highway as a through highway or

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designating any intersection or junction of roadways as a stop or yield intersection or junction; (7) Requiring the registration and inspection of bicycles, including the requirement of a registration fee; (8) Designating any highway intersection as a `Yield Right-of-Way' intersection, and requiring vehicles facing a `Yield Right-of-Way' sign to yield the right-of-way to other vehicles; (9) Regulating or prohibiting the turning of vehicles or specified types of vehicles; (10) Altering or establishing speed limits as authorized by law; (11) Designating no-passing zones as authorized in section 68A-307; (12) Prohibiting or regulating the use of controlled-access roadways by any class or kind of traffic as authorized in section 68A-313; (13) Prohibiting or regulating the use of heavily traveled streets by any class or kind of traffic found to be incompatible with the normal and safe movement of traffic; (14) Establishing minimum speed limits as authorized by law; (15) Designating hazardous railroad grade crossing as authorized in Section 68A-702; (16) Designating and regulating traffic on play streets; (17) Regulating persons propelling push carts; (18) Regulating persons upon skates, coasters, sleds and other toy vehicles; (19) Adopting and enforcing such temporary or experimental

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regulations as may be necessary to cover emergencies or special conditions; (20) Adopting such other traffic regulations as are specifically authorized by this Act. (b) No local authority shall erect or maintain any official traffic-control device at any location so as to require the traffic on any State highway to stop before entering or crossing any intersecting highway unless approval in writing has first been obtained from the Department of Transportation or the State of Georgia. If this issue is on trial in a civil or criminal action, the proper authority shall be presumed. (c) No ordinance or regulation enacted under subdivisions (4), (5), (6), (8), (9), (10), (11), (12), (13), (14), (15), (16), (17), or (18), of paragraph (a) of this Section shall be effective until official traffic-control devices giving notice of such local traffic regulations are erected upon or at the entrances to the highway or part thereof affected as may be most appropriate. 68A-1503. Adoption by reference and publication of adoption. Local authorities by ordinance may adopt by reference any or all provisions of this Title without publishing or posting in full the provisions thereof. 68A-1504. Adoption of future changes in Title. A future amendment or repeal of a provision of this Title shall so amend or repeal the pertinent provision if any, of the original ordinance adopted by a local authority pursuant to the authority of section 68A-1503 without any action by such local authority being required. 68A-1505. Form of enacting ordinance. Local authorities shall use the following wording or similar wording in adopting by reference the provisions of this Title: `(Municipality or County) of..... Ordinance number.....

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An ordinance adopting the Georgia Rules of the Road, sections [..... to..... (except for sections.....)] of Georgia Code, Title 68A, to regulate traffic upon the public streets of the (Municipality or County) of..... and repealing ordinance number..... and all other ordinances and sections of ordinances in conflict herewith. It is ordained by..... as follows: Section 1. Adoption by reference. Pursuant to Georgia Code, Title 68A, sections 68A-1503 through section 68A-1507, sections [..... to..... (except for sections.....)] of that Title known as the Uniform Rules of the Road are hereby adopted as and for the traffic regulations of this (Municipality or County) with like effect as if recited herein. Section 2. Penalties. Unless another penalty is expressly provided by law, every person convicted of a violation of any provisions of this ordinance shall be punished by a fine of not more than..... dollars or by imprisonment for not more than..... days or by both such fine and imprisonment. Section 3. Repeal. The (existing ordinances covering the same matters as embraced in this ordinance) are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed. Section 5. Effective date. This ordinance shall take effect from and after the..... day of....., 19......' 68A-1506. Citations for violations. It shall be sufficient in citing a violation of a provision of this Title to refer to the ordinance number of the enacting ordinance, provided that the citation form used is the one developed by the Commissioner of the Department of Public Safety under the authorities of Section 1 of an Act approved April 6, 1972 (Ga. L. 1972, p. 1148), as now or as hereafter amended. 68A-1507. Option to treat as State or local offense; right of defendant to have case treated as State offense. (a) Any

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offense which is a violation of a provision of this Title and of a local ordinance may, at the discretion of the local law enforcement officer or prosecutor, be charged as a violation of the State statute or local ordinance. (b) If the offense charged under an ordinance constitutes a violation of any provision of this Title and the defendant elects to have the charge treated as a State offense, the recorder or city judge after conducting a commitment hearing in which probable cause for arrest is found or upon obtaining a waiver of commitment hearing, shall summarily fix his bond and bind his case over to the appropriate State tribunal. (c) No person tried in any court for a violation of this Title or any ordinance adopted pursuant thereto shall thereafter be tried in any court for the same offense. A conviction for the violation of an ordinance adopted pursuant to this Title shall be considered a prior conviction for all purposes under this Title, and under the Act to create the Department of Public Safety for Georgia, approved March 13, 1937, and the several Acts amendatory thereof. Compiler's Note: The Enrolled Act does not contain a Section 4 in the above quote. 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. (a) The following Sections and parts of sections of the Uniform Act Regulating Traffic on Highways, approved January 11, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p.

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556), as amended, and other specified laws, are hereby specifically repealed: Section repealed, as unofficially codified in Georgia Code Annotated, Title 68 Section and page numbers Georgia L. 1953, p. 556 Subject Matter of Repealed Section 1501 1, p. 557 Scope of Definitions 1502(1) 1, p. 557 Definitions of vehicles 1502(2) 3, p. 558 Definitions of Truck and Bus 1502(3) 4, p. 558 Definitions of Trailers 1502(4) 5, p. 559 Definitions of Tires 1502(5) 6, p. 559 Definitions of Railroads Streetcars 1502(6) 7, p. 560 Definitions of Explosives and Flammable Liquids 1502(7) 8, p. 560 Definition of gross weight 1503(1) 10, p. 560 Definition of governmental agencies 1503(2) 11, p. 560 Definitions of Persons 1503(3) 12, p. 561 Definition of Officer 1503(4) 13, p. 561 Definition of Local Authorities 1504(1) 14, p. 561 Definition of degrees of roadway 1504(2) 15, p. 562 Definition of intersection 1504(3) 16, p. 562 Definition of crosswalk 1504(4) 17, p. 563 Definition of safety zone 1504(5) 18, p. 563 Definition of Business and residential districts 1504(6) 19, p. 563 Definition of Traffic Control devices 1504(7) 20, p. 564 Definition of Traffic 1504(8) 21, p. 544 Definition of Yield, Stop or Park 1601 22, p. 564 Act refers to vehicles upon highways 9926 23, p. 565 Required Obedience to traffic laws 1602 24, p. 565 Obedience to officers 1603 25, p. 565 Public Officers and Employees to obey Act 1604 26, p. 565 Authorized Emergency Vehicle 1605 27, p. 566 Laws applying to persons riding or driving animals 1612 34, p. 570 Obedience to official traffic-control device 1613 35, p. 570 Traffic Control Signal Legend Meaning of Colors 1614 36, p. 571 Pedestrian Signals 1615 37, p. 572 Flashing Signals 1616 38, p. 572 Prohibition of display of unauthorized signs 1617 39, p. 572 Interference with Official Traffic Control Devices 1625 47, p. 575 Prohibition on Driving under the influence 1625.1 (Except subsections (c), and (h)) 47A, added by Section 2 of an Act approved March 27, 1968 (Ga. L. 1968, p. 448), except subsections (a), (b), (c) and (4) of said Section 47A. Implied consent to chemical tests 1633 55, p. 581 Vehicles to be driven on right side of roadway 1634 56, p. 582 Passing vehicles proceeding in opposite directions 1635 57, p. 582 Overtaking a vehicle on the left 1636 58, p. 582 Overtaking on the right is permitted 1637(a) 58A, p. 583 Limitation on overtaking on the left 1637(b) 59, p. 583 Limitation on driving to the left of center of roadway 1638 60, p. 584 No passing zone 1639 61, p. 584 One-way roadways and rotary traffic islands 1640 62, p. 584 Driving on roadways laned for traffic 1641 63, p. 585 Following too closely 1642 64, p. 585 Driving on dividing highways 1643 65, p. 586 Restrictions on use of limited-access highways 1643.1 65A, added by section 4 of an Act approved April 2, 1963 (Ga. L. 1963, p. 254) Restrictions on entering or leaving limited-access highways 1643.2 65B, added by section 5 of an Act approved April 2, 1963 (Ga. L. 1963, p. 254) Interference with fence barriers or barricades 1646 66, p. 587 Starting parked vehicle 1647 69, p. 587 Turning movements and required signals 1648 70, p. 588 Signals by hand or signal device 1649 71, p. 588 Method or giving hand-and-arm signals 1650 72, p. 589 Right-of-way, vehicles approaching intersection 1651 73, p. 590 Vehicles turning left at intersection 1652 74, p. 590 Vehicle entering through highway 1653 75, p. 590 Vehicle entering highway from private road 1654 76, p. 590 Operation of vehicles on approach emergency vehicles 1655 77, p. 591 Pedestrians subject to traffic regulations 1656 78, p. 592 Pedestrians right-of-way in crosswalk 1657 79, p. 592 Pedestrians crossing at other than crosswalks 1658 80, p. 593 Duty toward blind persons carrying cane 1659 81, p. 593 Pedestrians to use right half of crosswalks 1660 82, p. 593 Pedestrians on roadways 1661 83, p. 593 Signals indicating approach of train 1662 84, p. 594 Stops required at grade crossings 1663 85, p. 594 Certain vehicles required to stop at all grade crossings 1664 86, p. 595 Moving heavy equipment at grade crossings 1665 87, p. 595 Required to stop at through highways 1666 88, p. 596 Stop before emerging from alley 1667 89, p. 596, subsections (a), (c), (d), (e) Overtaking and passing school bus 1668 90, p. 597 Stopping standing or parking 1669 91, p. 597 Authority to remove illegally stopped vehicles 1670 92, p. 598 Prohibition of stopping, standing or parking in certain places 1671 93, p. 600 Additional parking regulations 1672 94, p. 600 Limitations on backing 1673 95, p. 601 Riding on motorcycles 1674 96, p. 601 Obstruction to driver's view 1675 97, p. 601 Driving on mountain highways 1676 98, p. 601 Coasting prohibited 1677 99, p. 601 Following fire apparatus prohibited 1678 100, p. 602 Crossing fire hose prohibited 1679 101, p. 602 Putting glass on highway prohibited 9927 47(d), p. 577 Penalty for driving under the influence of alcohol or drugs

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(b) Nothing contained within this Act shall be deemed or construed to repeal the following sections of the Uniform Act Regulating Traffic on Highways, approved January 11, 1954, as amended. Section, as unofficially codified in Georgia Code Annotated, Title 68 Section and Page numbers Ga. L. 1953, p. 556 Subject Matter of Section 1606 28, p. 567 Provisions of law uniform throughout State 1607 29, p. 567 Powers of local authorities 1608 30, p. 568 Law not to interfere with rights of owners of real property 1609 31, p. 568 Manual of Uniform traffic-control devices 1610 32, p. 568 Maintenance of traffic-control devices 1611 33, p. 569 Local traffic control devices 1618 40, p. 573 Duties of driver involved in accident resulting in death 1619 41, p. 573 Duties of driver in accident resulting in property damage 1620 42, p. 573 Duty to give information and render aid 1621 43, p. 574 Duty upon striking unattended vehicle 1622 44, p. 574 Duty upon striking fixtures upon highway 1623 45, p. 574 Duty to make immediate reports of accidents 1624 46, p. 575 Sheriffs to report upon deaths caused by accidents 1625.1, subsections 47A, (a), (b), (c) and (h) subsections (a), (b), (c) and (h) added by Section 2 of an Act approved March 27, 1968 (Ga. L. 1968, pp. 452, 458) Implied consent 1667 89, p. 596, (b), (f), (g) Equipment, color and identification standards for school buses

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(c) The following laws are hereby specifically repealed: Official Citation Georgia Laws Year and Page Subject An Act approved March 17, 1968 Ga. L. 1968, p. 966 Purchase and sale of school buses (Ga. Code Ann. sections 68-411 and 68-412) An Act approved April 25, 1969 Ga. L. 1969, p. 732 Motorcycles Operation Safety Equipment An Act approved March 27, 1972 Ga. L. 1972, p. 475 Motorcycles Riders must wear footwear An Act approved March 27, 1972 Ga. L. 1972, p. 547 Bicycles An Act approved April 13, 1973 Ga. L. 1973, p. 452 Penalty for defacing road signs, entering unopened highways An Act approved April 13, 1973 Ga. L. 1973, p. 471 Bicycle Safety Act

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Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1974. RETIREMENTJOINT MUNICIPAL RETIREMENT SYSTEM ACT AMENDEDCERTAIN MUNICIPAL EMPLOYEES COVERED, ETC. No. 1177 (House Bill No. 1344). 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 municipal authorities as defined herein; 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 a new subsection to be known as subsection (14), and to read as follows:

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(14) `municipal authority' shall mean and include any local public authority, commission, board, or similar agency created by general, local, or special Act of the General Assembly to carry out its functions wholly or partly within the corporate boundaries of a municipal corporation of this State and/or created or activated by an appropriate ordinance or resolution of the governing body of a municipal corporation, individually or jointly with another political subdivision or subdivisions of this State. Section 2. Said Act is further amended by adding a new section, to be known as section 9f, to read as follows: Section 9f. Upon the mutual consent and agreement of a member municipality and a municipal authority, the employees of such municipal authority may be covered under the retirement plan of such member municipality. Each municipal authority and each member municipality is empowered to enter into any appropriate contracts to provide for the coverage of the employees of such municipal authority under the retirement plan of such member municipality. Each municipal authority is also empowered to establish a retirement plan, which may include death benefits and disability retirement benefits for the employees of such municipal authority and to implement such plan by contract with the Board. Such municipal authorities and such member municipalities are authorized to enter into such contracts as are contemplated herein, and such municipal authorities are authorized to pay the costs and benefits provided for herein from funds made available to them for such purpose in their respective budgets. Any contracts entered into by a municipal authority shall be approved by a majority vote of all of the members of the board of directors or other governing body of such municipal authority. The Board of Trustees is hereby authorized, in its discretion, to contract directly with municipal authorities to provide retirement and other benefits to employees of such municipal authorities. The municipal authorities shall each pay their respective

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portions of the administrative costs of the board in administering the system. Such retirement plans and amendments to retirement plans as are provided for in this Section shall be instituted by the passage of a resolution of the governing body of the affected municipal authority and/or affected member municipality approving such plan and/or amendment, and electing to adopt the same, and such resolution or resolutions being approved by the Board. Such plans may make reasonable classification of employees and may provide for the integration of such plans 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 Section, which provides a fixed benefit plan, shall contain a provision that such fixed benefits are to be provided, to the extent fixed in such plan, by the municipal authority 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 plans may provide for the municipal authorities 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. No municipal authority shall have a voting right as provided for municipal corporations under Section 5 of this Act, nor shall any employee of a municipal authority 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 any municipal

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authority as defined herein, 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 a municipal authority. (3) The definition of `Participating Employee' in section 2 (6) of this Act shall be interpreted to include any employee of a municipal authority 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 March 25, 1974. MUNICIPALITIESCOUNTIESPUBLIC BODIESAUTHORIZED TO PURCHASE CERTAIN INDEMNITY INSURANCE. No. 1182 (House Bill No. 1448). An Act to authorize each municipality, county and other public body of this state, in its discretion, to purchase liability insurance or contracts of indemnity insuring or indemnifying members of the governing bodies of such municipalities, counties and other public bodies, supervisors, administrators, employees, or other elected or appointed officers against liability for damages in specified instances; to authorize such municipalities, counties and other public bodies to defend civil and criminal actions in certain instances and to pay costs in connection therewith; to provide for expenditure of state, federal and local funds for such purposes; to declare legislative findings;

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to provide that nothing in this Act shall be construed as waiving any immunity or privilege now or hereafter existing; 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. Liability Coverage. In addition to any other compensation which may be paid to members of the governing bodies of municipalities, counties and other public bodies, supervisors, administrators, employees or other elected or appointed public officers, each municipality, county and other public body of this state is hereby authorized, in its discretion, to purchase policies of liability insurance or contracts of indemnity insuring or indemnifying the members of such governing bodies and such supervisors, administrators, employees or other elected or appointed officers, against personal liability for 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 local. Such municipalities, counties and other public bodies may expend state, federal and local funds for such purposes. The amount of such insurance or indemnity shall also be in the discretion of the governing body of such municipality, county or other public body. 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 or suggested in any action brought against such individual. Section 2. Immunity not waived. Nothing herein shall be construed as waiving any immunity or privilege of any kind now or hereafter enjoyed by any municipality, county or other public body or member of the governing body thereof, or any supervisor, administrator, employee or other elected or appointed officer, nor of any other public body, board, agency, or political subdivision of this State.

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Section 3. Defense of Actions. In lieu of obtaining the insurance or indemnity referred to in Section 1 hereof or, in addition thereto, such municipalities, counties and other public bodies may in their discretion as a part of the compensation and terms of employment of members of the governing bodies of such municipalities, counties and other public bodies, supervisors, administrators, employees or other elected or appointed officers, adopt policies whereby the municipality, county and other public body will undertake to defend all or specified civil, criminal, or quasi-criminal actions brought or maintained against members of the municipality, county or other public body, supervisors, administrators, employees or other elected or appointed municipal officers, 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 statutory rights; provided however, such governmental entity shall not be authorized to furnish a defense to any person charged with a criminal offense involving theft, embezzlement or other like crime with respect to the property or money of or in which said governmental entity has an interest. Such municipalities, counties and other public bodies may expend state, 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 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 in full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part thereof. 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.

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Section 5. Effective Date. This Act shall become effective upon its approval 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 March 25, 1974. FINANCIAL INSTITUTIONS CODE OF GEORGIA. Code Title 41A Enacted. No. 1195 (House Bill No. 1751). An Act to comprehensively and exhaustively revise, classify, consolidate, modernize and supersede the present laws relating to banks and banking (except for portions thereof dealing with branch banking and bank holding companies), banks and trust companies, credit unions, sale of checks, international banking corporations and bank agencies, business development corporations, building and loan associations, savings and loan associations and similar entities; to establish new laws relating thereto to be known as the Financial Institutions Code of Georgia; to divide the Code into the following Parts; Part I, pertaining to the Department of Banking and Finance and financial institutions generally; to define certain terms; to make certain findings; to establish certain regulatory objectives; to establish certain rules of construction and interpretation; to specify procedures for notices and publications; to provide for the operation of supplementary principles of law; to reserve the power of the General Assembly; to provide for the position, term and qualifications of the Commissioner of Banking and Finance and for the removal or suspension of said Commissioner or vacancies in the office of said Commissioner; to provide for a Deputy Commissioner, examiners, and assistants; to provide for an oath and bond of the Commissioner, Deputy Commissioner and examiners; to specify restrictions

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on dealing by and with all officials and employees of the Department of Banking and Finance; to provide for the Department's offices and equipment; to provide for the seal of the Department of Banking and Finance and its evidentiary effect; to provide for delegation of authority; to provide for fees and the disposition and enforcement thereof; to specify the general scope of supervision of financial institutions by the Department of Banking and Finance; to bestow authority to make rules and regulations on the Department or Banking and Finance; to specify accounting procedures to be followed by financial institutions and provide for regulations in connection therewith; to provide regulatory power in connection with records of financial institutions and for restrictions thereon; to provide for examinations and investigations of financial institutions at the instance of the Department of Banking and Finance and upon the request of the financial institutions and to establish the method of such examinations and investigations including the use of special examiners and subpoenas and the requirement of examination reports; to provide for reports which must be made by financial institutions to the Department of Banking and Finance and for publications, penalties, and required retentions in connection therewith; to limit the disclosure of information obtained by officials and employees of the Department of Banking and Finance; to provide for suspension and removal of directors; officers and employees of financial institutions; to provide for examination, investigation and regulation of those performing financial services for financial institutions and for examination and investigation of affiliates of financial institutions; to provide for an annual report by the Department of Banking and Finance; to preserve the jurisdiction of the Department of Banking and Finance upon the expiration of time limits and to permit the withdrawal of applications and requests; to provide for judicial review of actions of the Department of Banking and Finance or of its refusal to act; to provide for orders of the Department of Banking and Finance and their enforcement; to provide for proceedings for forfeiture of articles of financial institutions; to provide for injunction suits;

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to establish the admissibility and the evidentiary value of records of examination or investigation, documents on file with the Department, and certificates of the Department or certified copies thereof; to provide for liability of the Commissioner, Deputy Commissioner and examiners; to provide for costs of suits against the Department and for legal advice for the Department from the Department of Law; to provide for emergency closings of financial institutions, and for restrictions on their operations and relief from liability during periods of emergency closing or restrictions on operations; to provide and specify procedures for voluntary dissolution of financial institutions both for institutions which have commenced business and those which have not; to provide for permissible names of financial institutions and reservations of names by financial institutions; to require financial institutions to establish a registered office; to prohibit certain advertising; to preserve additional protections afforded by law with respect to names, trade names and trademarks; to provide receiverships for financial institutions and for the powers and procedures of the Department of Banking and Finance, federal insurers appointed as receivers, and the courts in connection therewith; to provide for an injunction to restrain the Department as receiver; to provide for appointment of deputy receivers, counsel and other assistants; to provide for surrender of possession by the Department of Banking and Finance and for special liquidations and reorganizations; to preserve the assets to financial institutions in receivership; to establish procedures of proofs of claim by depositors and creditors; to provide for allowance of claims, advance and regular payment of dividends, treatment of unclaimed dividends, expenses of administration, partial and final accounting and for adjudication of disputes in connection with receiverships of financial institutions; to establish priorities for distribution of assets on insolvency and to provide for treatment of secured claims and liens in receiverships; to provide for subrogation of insurers, liquidation of excess assets, destruction of records and treatment of trust and pooled assets in receiverships; and to reserve a Chapter 41A-10; Part II, pertaining to banks

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and trust companies; to specify rules applicable to institutions exercising both bank and trust powers; to specify restrictions on engaging in the banking business and on corporate fiduciaries; to provide restrictions on the use of bank and trust nomenclature; to establish requirements relating to deposit insurance and notices with respect thereto; to specify the general corporate and operational power enjoyed by both banks and trust companies; to establish when banks and trust companies may hold real estate and when they may hold property to avoid loss; to specify the major powers of banks; to provide for participation in federal programs; to provide for direct leasing of personal property, buying and selling of participations, and acceptance of drafts; to establish limits on obligations of one person or corporation that may be held by banks; to provide for restrictions on bank real estate loans; to authorize acquisition of investment securities to the extent permitted by regulations of the Department of Banking and Finance; to specify restrictions on bank dealings in corporate stock and securities, on the granting of security for deposits, and on the power of banks to act as sureties or guarantors, and on borrowing by banks; to provide for the charging of interest and fees by banks; to establish the powers and exemptions of savings banks; to establish the powers of trust companies and to provide for their fiduciary and non-fiduciary operations; to provide for establishment and regulation of collective investment funds; to provide for organization, incorporation, and powers of fiduciary investment companies and regulations, examinations and restrictions pertaining thereto; to restrict advertising concerning participating in fiduciary investment companies and provide for reports by such companies; to establish requirements for investment advisors to fiduciary investment companies; to prohibit refusal of participation in fiduciary investment companies to qualified applicants; to provide for rules to be made by banks and trust companies concerning deposits and notices to depositors concerning such rules; to provide for deposits by minors, joint deposits, tentative trust deposits, deposits by agents, trustees or other fiduciaries; to establish rules and procedures

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as to adverse claims asserted against banks and trust companies; to provide procedures and rules relating to the transmission of money; safe deposit agreements, property left for safekeeping or in a safe deposit box; to authorize removal of certain property upon the death of the user of a safe deposit facility and payment of certain funds upon the death of a depositor intestate; to provide for service charges on dormant accounts and for regulations in regard thereto; to establish procedures and requirements for the deposit of funds by banks and for legal reserves to be maintained by banks; to provide for notice to the Department of Banking and Finance when legal reserves are not maintained and to specify a penalty for failure to give such notice; to require commercial banks to pay checks drawn on them at par; to provide for one or more incorporations of banks and trust companies; to prohibit payment of promoter's fees incident to organization of new banks and trust companies; to specify the contents of articles of incorporation of banks and trust companies; to provide for the filing of such articles with the Secretary of State; to provide for publication of the articles or a summary statement concerning them; to require certain filings with the Department of Banking and Finance in connection with the articles; to provide for investigation of the proposed bank or trust company by the Department of Banking and Finance; to specify the time within which the Department must approve or disapprove the articles; to provide for issuance of a certificate of incorporation where articles are approved; to specify the effect of the certificate of incorporation; to specify organizational activities and requirements of a new bank or trust company; to provide for the issuance of a permit to do business before a bank or trust company may commence business; to establish liability for conducting business prematurely; to specify minimum capital, paid-in capital, and/or appropriated retained earnings, and expense fund required of banks and trust companies; to allow for classes of shares and redemption and convertibility of certain of their shares or securities; to define the consideration received by their shares and prescribe the method by which they shall be issued and the

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form of share certificates; to provide for the issuance of fractional shares or script and subordinated securities by banks and trust companies; to specify liabilities of subscribers and shareholders; to provide for presumptive rights and exceptions thereto; to establish procedures in connection with annual and special meetings of shareholders; to provide for action by shareholders by unanimous consent and without a shareholders meeting; to provide for the closing of transfer books and the fixing of a record date and to otherwise specify the means of determining shareholders entitled to vote or to share in dividends; to provide for a voting list of shareholders; to specify the quorum for shareholder action; to establish the manner in which shares shall be voted; to specify certain types of shares which shall not be voted; to establish requirements for proxies and shareholders agreements; to establish requirements as to books and records; to provide for derivative actions by shareholders and restrictions in connection therewith; to require a report of any change in control of a bank or trust company; to specify procedures for dividends and restrictions, regulations, and limitations in connection therewith; to provide for distribution to shareholders upon authorized reduction of capital stock or paid-in capital; to prohibit unauthorized dividends and distributions; to authorize acquisition of preferred shares; to establish the responsibility and qualifications of directors; to provide for the adoption, amendment and repeal of bylaws; to establish the number and term of directors and the manner of fixing their compensation; to establish the manner in which the directors may act and provide for committees of directors; to provide for an oath for directors; to provide for removal of directors and prescribe a method for filling vacancies in their number; to provide for honorary and advisory directors or board members; to require comprehensive annual audits or approved systems of internal audit control; to provide for officers and agents; to authorize share plans for officers and employees and for officers and employees of affiliates; to require bonding of officers and employees and certain directors; to specify the degree of care that directors and officers must exercise; to authorize

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the delegation of investment activities to correspondent banks; to specify restrictions on financing directors or officers; to specify certain prohibitions applicable to directors, officers and employees; to provide for certain actions against directors and officers and limitations thereon; to establish liability of directors in certain cases and for defenses and rights of contribution in connection therewith; to specify authorized amendments of articles and procedures for their proposal and adoption; to require articles of amendment and specify advertisements required in connection therewith; to require approval of such articles by the Department of Banking and Finance; to provide for the issuance and effect of certificates of amendment; to authorize merger and consolidation of banks and trust companies; to authorize merger or consolidation of other corporations into banks, trust companies, and national banks under designated conditions; to establish requirements for mergers and consolidations; to provide for articles of merger and consolidation, and required filings and publications in connection therewith; to require approval of mergers and consolidations by the Department of Banking and Finance; to provide for the issuance and effect of a certificate of merger or consolidation; and to provide for the rights of dissenting shareholders; to authorize national banks located in this State to merge or consolidate with banks and trust companies and to establish procedures in connection therewith including action by shareholders, articles of conversion, merger or consolidation, filings with the Department, required publication, approval by the Department of Banking and Finance, and issuance and effect of certificates of conversion of merger or consolidation; to authorize a bank or trust company to convert into or merge or consolidate with a national bank and to specify certain procedures to be used in connection therewith and the effect thereof; to designate when assets may be transferred or disposed of without approval of shareholders; to establish procedures for the sale or other disposition of substantially all of the assets of a bank or trust company including required action of shareholders, dissenters rights, and approval by the Department of Banking and Finance; and

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to reserve Chapters 41A-27 through 41A-29; Part III, pertaining to credit unions; to provide for the organization of credit unions including the number and qualifications of subscribers, the contents of articles and the filing thereof with the Secretary of State, the required common bond, the required filings with and approval by the Department of Banking and Finance, the issuance of a certificate of incorporation, organizational meetings of subscribers and directors and issuance of a permit to do business; to provide for amendments of articles and bylaws; to specify procedures that are used by the Department of Banking and Finance; to state the effect of this Code on existing charters; to specify the powers of credit unions; to define the membership of credit unions and provide that each member shall hold only one share with a par value of five dollars; to provide for special shares and deposits; to provide for expulsion and withdrawal of members and the disposition of their deposits; to specify the capital of credit unions; to provide for liens on shares and deposit and cancellation of shares, deposits, dividends and interest in order to liquidate a member's indebtedness; to provide for the operation of credit unions including the requirement and duties of a board of directors, a credit committee, a supervisory committee, the requirement of a comprehensive annual audit, the manner of making loans and the limits thereon, the charging of fees, the maintenance of reserve funds, the payment of dividends and interest, the annual meeting of members and the method of voting thereat, and the taxes to which credit unions are subject; to provide the Department with power to make rules and regulations concerning credit unions and their operations; to provide for certain payments upon the death of a depositor intestate; to authorize subsidiary offices; to require the maintenance of deposit insurance; to authorize merger of credit unions upon compliance with regulations and other conditions and to state the effect of such merger; to provide for the conversion of State credit unions into federal credit unions and vice versa; to establish procedures to be used in connection with conversions and the effect thereof; Part IV, pertaining to the sale of checks; to define certain terms; to require a license before

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engaging in the business of selling checks; to establish qualifications required for such license and method of applying therefor; to restrict the business of selling checks to corporate entities; to require bonding or a security deposit of licensees and maintenance thereof; to provide for the granting, renewal, suspension and revocation of licenses by the Department of Banking and Finance; to authorize the use of agents and subagents subject to disapproval, suspension or revocation thereof by the Department of Banking and Finance; to provide for procedures upon the denial, revocation or suspension of a licensee or agency designation; to provide power for the Department of Banking and Finance to make rules and regulations for the enforcement of this Part and to allow said Department to take an assignment of certain claims against a licensee and bring legal action to collect same; to establish the civil liability of a licensee in issuing checks; and to prohibit certain transactions and establish liability for their perfromance; Part V, pertaining to international banking corporations and bank agencies; to define certain terms; to specify the application of other parts of this Code and Chapter 22-14 of the Business Corporation Code; to establish requirements which an international bank corporation must satisfy before doing business or establishing an office in this State; to provide for certain actions against such corporations; to provide for an application for a license to transact business in this State and for the issuance and renewal thereof by the Department of Banking and Finance; to specify permissible activities for international bank corporations in this State; to require a security fund; to require certain financial certifications; to impose certain restrictions on international bank agencies; to establish procedures upon the dissolution of the international banking corporation; Part VI, pertaining to business development corporations; to define certain terms; to provide for the organization of such corporations including articles of incorporation, approval thereof by the Department of Banking and Finance; action thereon by Superior Court judges and issuance of a certificate of incorporation by the Secretary of State; to specify the powers of business development

Page 714

corporations; to authorize investment in the stock of such corporations; to specify membership in such corporations and provide for loans by members to the corporation and limits thereon; to provide terms of membership and for withdrawal therefrom; to specify powers of stockholders and members; to provide for amendment of articles; to provide for an earned surplus and prescribe a fiscal year; to provide for deposits of funds by business development corporation; to provide for supervision of business development corporations by the Department of Banking and Finance; to provide for first meeting of incorporators; to provide for the duration and dissolution of such corporations; to specify that the credit of the State is not pledged for the indebtedness of such corporations; and, to provide for certain tax exemptions and for an occupational license tax; Part VII, pertaining to building and loan associations, savings and loan associations and similar entities; to define certain terms; to define the membership of building and loan associations and to specify how those members entitled to vote shall be determined; to provide for the organization of building and loan associations including articles of incorporation, approval by the Department of Banking and Finance, approval of the principal court, and certificate of incorporation; to provide for amendment of articles and for a certificate of amendment; to restrict branch offices of building and loan associations; to provide authority for the Department of Banking and Finance to make rules and regulations pertaining to building and loan associations; to protect certain nomenclature; to provide for a lien on deposits; to provide for conversion of building and loan associations into savings and loan associations and vice versa and the effect of such conversions; to ratify certain prior conversions; to provide certain exemption from taxation for building and loan associations; to exempt the opening and transfer of deposits from the laws regulating securities; to provide that certain employees are not disqualified from acting as notaries; to provide for deposits by minors and fiduciaries and for joint deposits; to provide for payments on death of a depositor and payments for funeral expenses; to provide that deposits may be used as

Page 715

trust investments or in lieu of other security; to provide the effect of account books and certificates; to specify the effect of a depositor's insanity, incompetency, bankruptcy or death; to require deposit insurance; and to restrict the operation of entities similar to building and loan associations but not qualifying as such; Part VIII, pertaining to administrative and transfer provisions; to provide an effective date of April 1, 1975; to prescribe the effect of this Code on transactions entered into prior to that effective date; to protect existing articles, regulations, fee schedules and appointments; to authorize promulgation of proposed regulations to be effective on the effective date of this Code; and to fix the fees to be paid to the Secretary of State under this Code; Part IX, pertaining to criminal and related provisions; to authorize criminal prosecutions and submission of information concerning criminal offenses to United States district attorneys; to clarify the applicability of the Criminal Code; to define certain criminal offenses both felonies and misdemeanors and prescribe certain punishments in connection therewith; and, to provide certain protection to those initiating arrests or prosecutions on bad check charges; to provide for all 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. The following shall constitute the Financial Institutions Code of Georgia and shall contain the following Parts, Chapters and sections and shall be Title 41A of the Code of Georgia: TITLE 41A. FINANCIAL INSTITUTIONS. PART I. PROVISIONS APPLICABLE TO DEPARTMENT OF BANKING AND FINANCE AND FINANCIAL INSTITUTIONS GENERALLY. CHAPTER 41A-1. PURPOSES AND PRELIMINARY MATTERS. 41A-101. Short Title. This Code shall be known and may

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be cited as the Financial Institutions Code of Georgia (hereinafter called `this Code'). 41A-102. Definitions. Subject to additional definitions contained in the subsequent provisions of this Code and unless the context otherwise requires, in this Code: (a) `Affiliate' means any corporation, business trust, association, or other similar organization: (1) of which a financial institution, directly or indirectly, owns or controls either a majority of the voting shares or more than 50 percent of the number of shares voted for the election of its directors, trustees, or other persons exercising similar functions at the preceding election, or controls in any manner the election of a majority of its directors, trustees, or other persons exercising similar functions; or (2) of which control is held, directly or indirectly, through stock ownership or in any other manner, by the shareholders of a financial institution who own or control either a majority of the shares of such financial institution or more than 50 percent of the number of shares voted for the election of directors of such financial institution at the preceding election, or by trustees for the benefit of the shareholders of any such financial institutions; or (3) of which a majority of its directors, trustees, or other persons exercising similar functions are directors of any one financial institution; or (4) which owns or controls, directly or indirectly, either a majority of the shares of a financial institution or more than 50 percent of the number of shares of a financial institution voted for the election of directors of a financial institution at the preceding election, or controls in any manner the election of a majority of the directors of a financial institution, or for the benefit of whose shareholders or members all or substantially all the capital stock of a financial institution is held by trustees. (b) `Agreement for the payment of money' means a consensual

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monetary obligation not in the form of an evidence of indebtedness or an investment security and includes an account, contract right or general intangible as defined in Code section 109A-9-106. (c) `Appropriated retained earnings' means that portion of the retained earnings of a bank or trust company set aside by resolution of the board of directors as unavailable for the payment of dividends or other distribution to shareholders. (d) `Articles' means original or restated articles of incorporation, or articles of consolidation and all the amendments thereto including articles of merger or conversion and also includes what heretofore have been designated by law as certificates of incorporation or charters, and, in case of foreign corporations, whatever documents are equivalent to `articles' in their jurisdiction of incorporation. After an amendment restating articles in their entirety, the `articles' shall not include any prior documents, and the certificate of amendment issued by the Secretary of State shall so state. (e) `Assets' means all the property and rights of every kind of a financial institution. (f) `Attorney' means an attorney-at-law who is, or who is a partner or associate of a firm which is, regularly retained as counsel for a financial institution. (g) `Bank' means a corporation existing under the laws of this State on April 1, 1975 (including a regulated certificated bank) or organized under this Code, and authorized to engage in the business of receiving deposits withdrawable on demand or deposits withdrawable after stated notice or lapse of time; and shall also include national banks located in this State for the purpose of Chapter 41A-16, relating to deposits, safe deposit agreements, and money received for transmission; provided, however, that `bank' shall not include a credit union, a building and loan association, a savings and loan association or a licensee under Part IV of this Code. (This definition shall not be deemed to define the

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term `banking companies' as used in Part III, Section IV, Paragraph XVII, of the Constitution of Georgia. (h) `Building and loan association' means such an association as defined in subsections (b), (c) and (d) of section 41A-3501. (i) `Capital debt' means the sum of the face value of the subordinated securities of a financial institution issued pursuant to section 41A-1910. (j) `Capital stock' means the sum of the par value of the authorized shares which have been issued and remain outstanding of a bank or trust company. (k) `Certificate of reliance' means a written statement which: (1) is signed by an officer or authorized employee of a financial institution; (2) states that the financial institution is relying primarily on the obligation of a person or corporation or on security in a transaction as to which such reliance has an effect on the application of a provision of this Code; (3) states the facts which are the basis of such reliance; and (4) is retained in the financial institution's files related to the transaction in connection with which statement is made. (l) `Commercial bank' means a bank authorized to hold deposits subject to check. (m) `Commissioner' means the Commissioner of Banking and Finance, which office was created by the Executive Reorganization Act of 1972, approved April 6, 1972 (Ga. L. 1972, p. 1015). (n) `Corporation' means a corporation, whether profit or

Page 719

nonprofit, and includes a professional corporation, or joint stock association, organized under the laws of this State, the United States, or any other state, territory, or dependency of the United States, or under the laws of a foreign country. (o) `Credit union' means a cooperative society incorporated under the laws of this State on April 1, 1975, or organized under Part III of this Code and existing for the twofold purpose of promoting thrift among its members and creating a source of credit for them at reasonable rates. (p) `Department' means the Department of Banking and Finance created by the Executive Reorganization Act of 1972, approved April 6, 1972 (Ga. Laws 1971, p. 1015). (q) `Depositor' means any person or corporation who shall deposit money or items for the payment of money in any financial institution which funds are subsequently (allowing time for collections) withdrawable either on demand or after a stated notice or lapse of time, whether interest is allowed thereon or not, and shall also include: (1) holders of demand and time certificates of deposit; (2) owners of certified or cashiers' checks and checks purchased from a licensee under Part IV of this Code; and (3) shareholders in credit unions, federal credit unions, building and loan associations, and savings and loan associations to the extent that funds paid in by them are withdrawable within the terms of this definition. (r) `Evidence of indebtedness' means a note, draft or similar negotiable or nonnegotiable instrument. (s) `Federal credit union' means an association organized pursuant to the Federal Credit Union Act, 12 U.S.C. Secs. 1751-1790. (t) `Fiduciary' means an executor, administrator, guardian, receiver, trustee, assignee for benefit of creditors, or one acting in a similar capacity.

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(u) `Financial institution' means a: (1) bank; (2) trust company; (3) building and loan association; (4) credit union; (5) corporation licensed to engage in the business of selling checks in this State on April 1, 1975, or so licensed pursuant to Part IV of this Code; (6) business development corporations existing on April 1, 1975, pursuant to the Georgia Business Development Corporation Act of 1972, approved April 3, 1972 (Ga. L. 1972, p. 798), or organized pursuant to Part VI of this Code; or (7) an international bank agency doing business in this State on April 1, 1975, pursuant to the International Bank Agency Act, approved April 6, 1972 (Ga. L. 1972, p. 1140), or authorized to do business in this State pursuant to Part V of this Code; and, in addition, `financial institution' shall also, as the context requires, include a national bank, savings and loan association, or federal credit union for the purpose of the following provisions: Section 41A-103 relating to findings of the General Assembly; Section 41A-104 relating to objectives of this Code; Section 41A-109 relating to supplementary principles of law; Section 41A-207 relating to restrictions on officials and personnel; Section 41A-311 relating to disclosure of information;

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Section 41A-401 relating to judicial review of Department action; Section 41A-402(d) relating to orders to desist from conduct illegal under the laws and regulations of this State; Section 41A-405 relating to the evidentiary results of examinations and investigations; Section 41A-501 relating to emergency closings; Section 41A-604 relating to prohibited advertising; Section 41A-1805(3) relating to criteria to be considered in approving new banks; Section 41A-9901 relating to criminal prosecutions; Section 41A-9902 relating to application of Criminal Code provisions; and Section 41A-9904 relating to illegal gifts and interests. (v) `Insolvency' means inability to meet liabilities as they become due in the regular course of business, or insufficiency in actual cash market value of assets to pay liabilities to depositors and other creditors. (w) `National Bank' means a national banking association organized pursuant to 12 U.S.C. Sec. 21-215b. (x) `Net assets' means the amount by which the total assets exceed the total debts of a financial institution. Total assets shall include but not be limited to both tangible and intangible assets (except goodwill), including prepaid expenses, including prepaid taxes, and accrued income using book values determined in accordance with generally accepted accounting principles applicable to financial institutions. Total debts shall include all liabilities, other than contingent liabilities, including accrued expenses, deferred or unearned income and valuation reserves and accounts or

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assets, all determined in accordance with generally accepted accounting principles applicable to financial institutions. (y) `Paid-in capital' means the sum of the considerations received in the sale or exchange of shares of a bank or trust company in excess of the amount of the capital stock and the expense fund required by Section 41A-1807, and includes the surplus, if any, created by or arising out of a reduction of the capital stock of such financial institution effected in a manner permitted by law and any amounts properly regarded as surplus of such financial institution on April 1, 1975, and any amounts transferred from the expense fund as permitted by Section 41A-1903. (z) `Person' means an individual, trust, general or limited partnership, unincorporated association (except a joint stock association) or any other form of unincorporated enterprise. (aa) `Principal court' means the Superior Court of the county where the registered office of a financial institution is located; or, in the case of a proposed financial institution, will initially be located as shown in its articles or application for authority to commence business. Whenever under this Code the principal court is authorized to take any action but lacks because of constitutional restrictions jurisdiction or venue over the person or corporation against which such action is to be taken or over the subject matter which is to be affected by its action, then such action may be taken by the Superior Court of this State in which jurisdiction and venue are proper, or, in the absence of any such court, by a court of another state, a federal court or a court of a foreign country in which jurisdiction and venue are proper. (bb) `Public body' means an agency, authority, board, commission, instrumentality, or similar entity which is part of or connected with the government or political subdivision referred to in the context. (cc) `Public sale' means a sale as defined in Code Section 109-1-201 (31A). (dd) `Retained earnings' means the balance of the net

Page 723

profits, income, gains and losses from the date of incorporation, or from the latest date when a deficit was last eliminated, of a financial institution whose articles were granted by the Secretary of State and excludes subsequent distributions to shareholders and transfers to appropriated retained earnings. Retained earnings shall also include any portion of paid-in capital or appropriated retained earnings or, in the case of other organizations, equivalent funds, allocated to retained earnings in mergers, consolidations or acquisitions of all or substantially all of the property or assets of another such financial institution or other organization permitted by law. (ee) `Savings and loan association' means an association created pursuant to the Home Owners' Loan Act of 1933, 12 U.S.C. Secs. 1461-1468. (ff) `Savings Bank' means a bank which is not authorized to hold deposits subject to check. (gg) `Shareholder' means the owner of shares in a financial institution. (hh) `Shares' means the units into which the proprietary interest of the institution is divided. (ii) `Statutory capital base' means (1) the sum of the capital stock, the paid-in capital, the appropriated retained earnings and the capital debt of a bank or trust company, or (2) the amount of the net assets of such financial institution whichever is the lower amount. (jj) `Subject to check' includes withdrawal or transfer by negotiable or transferable order or authorization even though such order or authorization does not constitute a check under Code Section 109A-3-104. (kk) `Subsidiary' means a corporation controlled by a financial institution which owns at least a majority of its voting shares.

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(ll) `Third party payment service' means any system employing checks, drafts, computer transmissions or other techniques by which a depositor may effect payment to third parties. (mm) `Treasury shares' means shares of a financial institution which have been issued, have been subsequently acquired by and belong to the financial institution otherwise than in a fiduciary capacity and have not been cancelled. Such shares shall be deemed to be `issued' but not outstanding shares. (nn) `Trust company' means a corporation existing under the laws of this State on April 1, 1975, or organized under this Code authorized by law to engage in the business of acting as a fiduciary but shall not include corporations exercising incidental trust powers under section 41A-1103(a) (3). 41A-103. Findings. The General Assembly hereby finds and declares that the sound, efficient, and responsive operation of financial institutions is essential to the livelihood of the people of this State and to the stability and growth of the economy of this State and region and vitally affects the public interest. 41A-104. Objectives: Standards for Construction and Regulation. (a) The underlying objectives of this code are to provide for: (1) safe and sound operation of financial institutions; (2) Proper conservation of the assets of financial institutions; (3) public confidence in financial institutions; (4) protection for the interests of the depositors, creditors, and shareholders of financial institutions; (5) service by financial institutions responsive to the needs and convenience of depositors, borrowers, and other

Page 725

customers and conducive to economic progress, and to these ends opportunities to expand services and facilities; (6) appropriate competition among financial institutions and between them and other financial organizations including those organized under the laws of the United States, other states, and foreign countries; (7) delegation to the Department of rule-making power and administrative discretion in order that supervision of financial institutions may be flexible and responsive to changes in economic conditions and banking, fiduciary and other commercial practices; (8) opportunity for management of financial institutions to exercise their business judgment; (9) simplification and modernization of the law governing banking, trust and other financial institutions. (b) This Code shall be construed and applied to promote the foregoing objectives, and they shall constitute standards to be observed by the Department in promulgating rules and regulations, issuing cease and desist orders, conducting examinations, exercising discretionary powers and in connection with all other matters embraced by this Code. (c) It is the intention of the General Assembly to leave intact the Laws of the State of Georgia relating to branch banking and bank holding companies as such laws existed prior to April 1, 1975, and the Financial Institutions Code of Georgia shall not be construed to change such laws in any way. 41A-105. Rules of Construction. (a) The rules of statutory construction contained in Code Title 102 shall apply to provisions of this Code. (b) Unless otherwise specifically indicated and to the full extent permitted by the Constitution of this State, any reference in this Code to an existing statute or regulation shall mean to such statute or regulation as has been or may in

Page 726

the future be amended or have material added to it. If in any case such construction is not constitutionally permissible, such reference shall mean to the statute or regulation as it exists on April 1, 1975. (c) Any reference in this Code to an action by a superior court or other court shall authorize a judge of such court to take such action in term or in vacation, whether present in the county or absent from it. 41A-106. Captions. Part, Chapter and Section captions are parts of this Code. 41A-107. Notices. Except as otherwise expressly provided: (a) any notice required to be given under the provisions of this Code may be delivered personally, by first class mail, or by telegram, charges prepaid, to the last known address of the person or corporation, or to the registered office of the corporation. If the notice is sent by mail or by telegraph, it shall be deemed to have been given when deposited in the United States mail or with a telegraph office. If such notice is of a meeting, it shall specify the place, day, and hour of the meeting. Notice of a meeting of shareholders shall be given not less than ten nor more than fifty days before the meeting. Notice of a special meeting shall specify the general nature of the business to be transacted. (b) Any written notice required to be given under the provisions of this Code need not be given if there is a waiver thereof in writing signed by the person or on behalf of the corporation entitled to such notice or by their proxy, whether before or after the time when the notice would otherwise be required to be given, provided that no such waiver shall apply by its terms to more than one required notice. (c) Attendance of a person, either in person or by proxy, at any meeting shall constitute a waiver of notice of such meeting, except where a person attends a meeting for the express purpose of objecting at the beginning of the meeting

Page 727

to the transaction of any business because the meeting was not lawfully called or convened. (d) If the language of a proposed resolution or a proposed plan requiring approval by shareholders is included in a written notice of a meeting of shareholders, the shareholders' meeting considering the resolution or plan may adopt it with such clarifying or other amendments as do not enlarge its original purpose without further notice to shareholders not present in person or by proxy. 41A-108. Publication. Except as otherwise expressly provided, any notice or advertisement required by this Code to be published in a newspaper shall be published once a week for four weeks in the newspaper which is on the date of the first such publication the official organ (as determined pursuant to Code section 39-1103) of the county which is or is to be the location of the registered office of the financial institution. Whenever publication is required in connection with a proposed action which must be approved by the Department, such publication shall commence not later than ten days after the filing, whether with the Department or the Secretary of State, of the documents seeking such approval, unless the Department for good cause shown allows such publication to commence at a later time. 41A-109. Supplementary Principles of Law. Unless expressly or impliedly displaced by the provisions of this Code, general principles of common law shall apply to financial institutions. 41A-110. Reservation of Power. The General Assembly shall at all times have power to prescribe such regulations, provisions, and limitations as it may deem advisable, which regulations, provisions and limitations shall be binding upon financial institutions that are subject to this Code. The General Assembly shall have the power to amend, repeal, or modify this Code at pleasure.

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CHAPTER 41A-2. ORGANIZATION AND PERSONNEL OF DEPARTMENT OF BANKING AND FINANCE. 41A-201. Position and Term of Commissioner. (a) The head of the Department shall be the Commissioner who shall exercise supervision and control over all divisions and employees of the Department. (b) The Commissioner shall be appointed by the Governor, by and with the advice and consent of the senate, for a four-year term. The initial term of the Commissioner shall terminate on January 20, 1976. Each succeeding term of office shall be for four years, commencing on the expiration date of the previous term. 41A-202. Qualifications of Commissioner. The Commissioner shall be a man of good moral character, shall not have been convicted in any court of competent jurisdiction of any crime involving moral turpitude, shall have been a citizen of this State for not less than three years, and shall have attained the age of 30 years but be less than 70 years. In addition, the Commissioner shall have had at least five years' experience as an active officer of a bank or national bank or as an examiner or other officer in a federal or state agency supervising such institutions. 41A-203. Removal or Suspension of Commissioner. The Commissioner may be suspended or removed by the Governor whenever the Governor has in his judgment trustworthy information that the Commissioner is insane or has absconded or grossly neglected his duties or is guilty of conduct plainly violative of his duties or the restrictions of section 41A-207. 41A-204. Vacancy in Office of Commissioner. In the event there shall be a vacancy in the office caused by death, resignation, disability, disqualification, suspension or removal of the Commissioner, the Deputy Commissioner shall exercise the powers and perform the duties of the Commissioner until a successor is appointed and qualified. When the Deputy Commissioner shall act as Commissioner, he shall

Page 729

receive the same salary and give the same bond as provided herein for the Commissioner. 41A-205. Deputy Commissioner, Examiners, Assistants. The Commissioner shall appoint from time to time, with the right to discharge at will, a Deputy Commissioner, who shall also be ex officio examiner, and such additional examiners and assistants as he may need to discharge in a proper manner the duties imposed upon him by law, subject to the rules and regulations of the State Merit System and within the limitations of the appropriation to the Department as hereinafter prescribed. Except as otherwise provided in this Code, the Deputy Commissioner, examiners and assistants shall be governed by such rules of position, classification, appointment, promotion, demotion, transfer, dismissal, qualification, compensation, seniority privileges, tenure and other employment standards of the State Merit System. As used herein, the term `State Merit System' shall mean that system established pursuant to Chapter 22 of Title 40 of the Code of Georgia. 41A-206. Oath and Bond of Commissioner, Deputy Commissioner and Examiners. (a) Before entering upon the duties of their offices, the Commissioner, Deputy Commissioner and each examiner shall take an oath before the Governor or one of the justices of the Supreme Court to support the Constitution of the United States and the Constitution of the State of Georgia and to faithfully execute the duties of their respective offices, which oath shall be in writing and subscribed to by the Commissioner, Deputy Commissioner or examiner, as the case may be, and filed in the Governor's Office in the case of the Commissioner, and filed in the Commissioner's Office in the case of the Deputy Commissioner and examiners. Each of them shall also give bond to the State of Georgia with security or securities approved by the Governor in the sum of fifty thousand dollars ($50,000.00) in the case of the Commissioner, and in the sum of ten thousand dollars ($10,000.00) in all other cases, conditioned as follows: (1) that he will faithfully discharge, execute, and perform all and singular the duties required of him, and which may

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be required by the Constitution and laws of the State of Georgia; (2) that he will faithfully account for all moneys that may be received by him from time to time by virtue of his office; and (3) that he will safely deliver to his successor all books, moneys, vouchers, accounts, and effects whatever belonging to said office. (b) The surety on the bonds shall be a regular incorporated surety company or companies qualified to do business in the State of Georgia, and the premium on the bonds shall be paid as other expenses of the Department. 41A-207. Restrictions on Officials and Employees. (a) Except as provided in subsections (b) and (c), neither the Commissioner nor any other official or employee of the Department shall directly or indirectly: (1) receive any money or property as a loan, gift, or otherwise from, or become indebted to, any financial institution or from or to any director, officer, agent, employee or attorney of a financial institution; (2) own any share in or securities of a financial institution or otherwise have an ownership interest in a financial institution; or (3) engage in the business of a financial institution. (b) The Commissioner and other officials and employees of the Department may borrow money in ordinary course from any financial institution existing under the laws of the United States. However, all such loans to the Commissioner, Deputy Commissioner and division directors shall be reported by the individual concerned to the Attorney General in writing within ten days after the loan agreement is executed. (c) Those employees of the Department designated by

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the Commissioner as examiners of credit unions shall be authorized to borrow from financial institutions other than credit unions, and all other employees of the Department, except the Commissioner, his deputy and division directors, as designated by the Commissioner, shall be authorized to borrow funds from credit unions provided that such officials or employees report all such borrowings to the Commissioner immediately upon obtaining such loan. Those employees authorized to borrow from credit unions may hold shares therein incidental to becoming a member of the credit union. (d) No director, officer, agent, employee or attorney of a financial institution shall extend or allow the extension of any money, share, or other property in violation of this section. 41A-208. Commissioner's Office. The Commissioner shall be provided with suitable offices and equipment, the expense of which shall be paid by the State in the same manner as the expenses of other offices of the State government are paid. 41A-209. Seal of Department; Evidentiary Effect. The Department shall adopt an official seal. Any paper executed under the seal of the Department shall prima facie be deemed to have been executed by a duly authorized official of the Department. 41A-210. Delegation of Authority. (d) Any authority, power or duty vested in the Commissioner or Department by a provision of this Code may be exercised, discharged or performed by a deputy, assistant, examiner or employee of the Department acting in the Commissioner's name and by his delegated authority. In the case of any matters involving the exercise of discretion, the delegation of authority shall be in writing. Any such delegation by the Commissioner may be revoked in the same manner in which it was granted. (b) The Commissioner shall be responsible for the official acts of such persons who act in his name and by his authority.

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41A-211. Disposition of Fees: Payment of Expenses from Appropriations. Fees prescribed by this Code shall be collected by the Department and deposited with the Department of Administrative Services. All of the expenses incurred in connection with the conduct of the business of the Department shall be paid out of the appropriations of funds to the Department by the General Assembly. Such expenses shall include all expenses incurred as travel expenses by personnel of the Department when away from their official station as assigned by the Commissioner. 41A-212. Fees to be Charged. The Department may, by regulation, prescribe annual examination, supervision fees and special investigation fees to be paid by all financial institutions subject to such examination and supervision. Such fees shall be set at levels necessary to defray costs and expenses incurred by the State in providing such examination and supervision and may vary by type of financial institution. Until such regulations are validly issued by the Department, the examination and supervision fees in effect immediately prior to April 1, 1975, shall remain effective. In addition, the Department may, by regulation, prescribe reasonable fees to defray costs of providing copies of any book, account, report, or other paper filed in its office, or for any certification thereof, or for processing any papers as required by this Code. 41A-213. Enforcement of Payment of Fees. In the event any financial institution shall fail or refuse to pay on demand the amount fixed as fees for examinations, the Department may proceed through the Attorney General to collect same by action at law. CHAPTER 41A-3. OPERATIONS OF DEPARTMENT OF BANKING AND FINANCE. 41A-301. General Scope of Supervision. Except where otherwise specifically provided, the Department shall enforce and administer all laws of this State relating to financial institutions, and shall exercise general supervision over financial institutions in accord with the underlying objectives of this Code.

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41A-302. Rules and Regulations. The Department shall have the authority to promulgate rules and regulations to effectuate the objectives or provisions of this Code. Without limiting the generality of the foregoing, the Department is hereby expressly authorized to make rules and regulations, consistent with the provisions of this Code, relating to operations of financial institutions to enable financial institutions existing under the laws of this State to compete fairly with financial institutions existing under the laws of the United States and other states or to protect financial institutions jeopardized by new economic or technological conditions. All rules and regulations shall be promulgated in accordance with the Georgia Administrative Procedure Act, including the requirements for hearing as stated in that Act. Regulations issued under this or other provisions of this Code may make appropriate distinctions between types of financial institutions, and may be amended, modified or repealed from time to time. 41A-303. Accounting Procedures. The Department may promulgate regulations concerning the manner in which the books of financial institutions will be maintained in order to assist the Department in its examinations and other supervisory activities provided that in all events: (a) a financial institution shall enter on its books a complete and accurate account of all of its assets, whether the assets are in its name or the name of others, at values which shall not, without the prior approval of the Department, exceed the actual cost of the assets to the financial institution; and (b) a financial institution shall enter on its books a complete and accurate account of its liabilities, its borrowings, the security interests it has granted, and shall maintain additional accounts for losses and expenses. 41A-304. Retention of Records. (a) The Department shall issue regulations classifying records kept by financial institutions and prescribing the period, if any, for which records of each class shall be retained and the form in which such records shall be maintained. Such periods may be

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permanent or for a lesser term of years. In issuing such regulations, consideration shall be given to the objectives of this Code and to: (1) evidentiary effect in actions at law and administrative proceedings in which the production of records of financial institutions might be necessary or desirable; (2) state and federal statutes of limitation applicable to such action or proceedings; (3) availability of information contained in the records of the financial institution from other sources; (4) requirements of electronic systems of transferring funds; and (5) other pertinent matters so that financial institutions will be required to retain records for as short a period as is commensurate with interests of customers, shareholders and the people of this State. (b) The regulations of the Department shall not require financial institutions to maintain originals of checks or items for the payment of money or original computer tapes or original records with respect to accounts which have been inactive for a period of twelve successive months. Where a financial institution employs computers, its records may consist of legible products of computer operations. (c) Any copy of a record permitted to be kept in lieu of the original, under this provision or the regulations of the Department (including the legible products of computer operations), shall be admissible in evidence as though it were the original. 41A-305. Department Examinations and Investigations. (a) The Department shall examine all financial institutions at least once each year and may examine or investigate any financial institution more frequently at any time it deems such action necessary or desirable. At least once annually

Page 735

the examination shall consist of a comprehensive review of the accounts, records and affairs of the institution. (b) In the case of a financial institution which is a member of the Federal Reserve System or whose deposits are insured by a public body of the United States, the Department may accept in lieu of any examination required by this Section examinations or reports thereof made pursuant to the Federal Reserve Act or statutes of the United States authorizing such insurance. 41A-306. Examinations and Investigations on Request. When requested in writing by the board of directors or holders of a majority of the shares of a financial institution, the Department, at a time fixed by it, shall examine or investigate the affairs and condition of the financial institution. However, this provision shall not be construed to mean that such institution, directors, or shareholders shall have any greater right to require the Department to disclose the results of such examination or investigation than they have in case of any examination or investigation at the insistence of the Department, nor shall the Department be required under this Section to make more than one examination per year of any financial institution. 41A-307. Method of Examination and Investigations; Special Examiners; Subpoenas. (a) Examinations and investigations shall be made by the Commissioner or by qualified examiners or employees empowered in writing by the Department to make examinations or investigations. The Department may, when the occasion requires, appoint special examiners and prescribe their duties and powers. (b) Officials authorized to make examinations or investigations shall have the power and authority to administer oaths and to examine under oath any person (including any officer, director, agent, attorney, member or employee of any financial institution) whose testimony may be relevant to the examination or investigation. Such officials shall have the authority and power to compel the appearance and attendance of any such person and the production by such

Page 736

person of pertinent books and papers including books and papers to which the person has access because of his position with a financial institution. (c) If any person shall fail or refuse to appear or to testify or to produce books and papers after being ordered to do so pursuant to this Section, such failure or refusal may be reported in writing to the principal court, and said court shall thereupon cause a subpoena to be issued requiring such person to attend, testify and produce books and papers. For failure to obey such subpoena, the person may be adjudged in contempt and punished accordingly. 41A-308. Reports of Examinations. Any official who shall make an examination pursuant to this Code shall reduce the result thereof to writing in such form as shall be prescribed by the Department. Such report shall contain a full, true and correct statement of the condition of the financial institution in the case of a comprehensive examination or of the matter subject to inquiry in the case of other examinations. 41A-309. Reports to Department; Publication; Penalties. (a) Every financial institution shall file with the Department at least twice each year, a complete report of its condition exhibiting in detail the resources and liabilities of the financial institution, and shall also submit to the Department at least once each year a complete report of its earnings setting forth in detail all items of income and expense. The Department may also require special reports on the condition of, or any particular facts concerning, any financial institution at any time the Department deems it necessary or advisable. (b) The form of all reports, the information to be contained in them, and the date on which they shall be due shall be prescribed by the Department. The reports shall be verified by the oath or affirmation of the president, secretary, or other managing officer of the institution and shall be attested as correct by the signatures of at least three of its directors.

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(c) Every financial institution shall publish annually abstract summaries of two of its reports of condition designated for this purpose by the Department, and shall file proof of such publication to the Department. Such publication shall be made only once in a newspaper of general circulation in the county of the registered office of the institution. (d) Any financial institution which fails to prepare or publish any report, or to furnish any proof of publication, in accordance with the provisions of this Section, shall pay the Department a penalty of one hundred dollars ($100.00) for each day after the time fixed by the Department for filing such report, making such publication, or furnishing such proof of publication, but the Department may, in its discretion, relieve any financial institution from the payment of such penalty, in whole or in part, if good cause be shown. If a financial institution fails to pay a penalty from which it has not been relieved, the Department may, through the Attorney General, maintain an action at law to recover it. 41A-310. Retention of Reports. The reports of examinations and investigations made by the Department and reports made by financial institutions shall be preserved by the Department for a period of five years, after which they may be destroyed. 41A-311. Disclosure of Information. (a) Except as provided in subsection (b), the Commissioner and all other officials and employees of the Department shall not disclose facts and information obtained in the course of their duties, including information obtained from examinations, investigations and reports as herein required or authorized. (b) The restrictions of subsection (a) shall not apply to disclosures: (1) within the Department or made to the Governor in the course of official duties; (2) required by law, including disclosures required by

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subpoena or other legal process of a court or administrative agency having competent jurisdiction; (3) in prosecutions or other court actions to which the Department or the Commissioner is a party; (4) made to federal bank supervisory agencies or to the Department of Justice (including the Federal Bureau of Investigation) or Treasury of the United States or to the Department of Investigation; (5) made to any officer, attorney or director of the financial institution involved or with the written consent of said financial institution; (6) made in a summary of condition of financial institutions published by the Department; and (7) general economic and similar data considered by the Department in regard to requests for new articles, new branches, changes in the location of facilities or similar matters, made to parties interested in the Department's action in regard thereto. (c) Disclosures made under subsection (b) shall be made, where appropriate, under safeguards designated to prevent further dissemination of confidential data. Except for disclosures under subsection (b) (2), the Department shall not be required to make authorized disclosures where it deems such disclosures undesirable. (d) Violation of this section shall be grounds for removal from office. 41A-312. Removal of Officers, Directors or Employees. (a) The Department shall have the right to require the immediate suspension from office of any director, officer, or employee of any financial institution who shall be found by it to be dishonest, incompetent, or reckless in the management of the affairs of the financial institution, or to have persistently violated the laws of this State or the lawful orders or regulations of the Department.

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(b) Any person suspended under subsection (a) may request his reinstatement in writing delivered to the Department within ten days of his suspension. If such reinstatement is not requested, the director, officer, or employee shall be considered permanently removed. (c) Upon request for reinstatement, the Department shall conduct a hearing to determine if the reinstatement should be granted or the removal made permanent. The decision of the Department shall be conclusive, except as it may be subject to judicial review under section 41A-401. 41A-313. Service Contracts. (a) Where financial services are being performed by a person or corporation for a financial institution, such person or corporation shall be subject to: (1) examination and investigation by the Department; and (2) regulation by the Department in regard to such services to the same extent as if such services were being performed by the financial institution itself. (b) For purposes of this section `financial services' means clerical, bookkeeping, accounting, transfer, computer, statistical, investment or other functions normally performed by the financial institution for its own benefit. 41A-314. Affiliates. The Department may examine or investigate any affiliate of a financial institution to the same extent and in the same manner as it may examine or investigate the financial institution itself. 41A-315. Report of Department. For each calendar year the Department shall compile and publish an annual report in such form and containing such information as it may determine necessary to reasonably summarize its operations. The report shall contain recommendations which the Department may have for changes in the laws governing financial institutions.

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41A-316. Discretion of Department. Whenever in this Code the Department is authorized but not required to take any action, the taking of such action shall be within the discretion of the Commissioner or his duly authorized deputy. The Department shall not be required to grant opportunity for hearing except where such hearing is specifically required by this Code or the Administrative Procedure Act. The Department shall maintain accurate memoranda or transcripts of all hearings conducted by the Department pursuant to this section. 41A-317. Preservation of Jurisdiction; Withdrawal of Applications and Requests. (a) Failure of the Department to act within any of the time limits established by this Code or regulations issued pursuant thereto shall not deprive the Department of jurisdiction thereafter to act in regard to the matter involved without need for resubmittal of any application, request or similar action. (b) Any action, application or request requiring Department approval under this Code may be withdrawn by the applicant prior to Department action thereon without prejudice to the applicant's right to resubmit such application at a later date. If such application has been forwarded to the Department through the Secretary of State, the Department shall notify the Secretary of State of any such withdrawal and that the application or request is no longer pending. CHAPTER 41A-4. PROCEEDING INVOLVING THE DEPARTMENT OF BANKING AND FINANCE. 41A-401. Judicial Review. (a) Any final action of the Department, or refusal of the Department to act, may be subject to judicial review in any action brought by any person or corporation affected by such action. Such action shall be brought as an appropriate legal action in the county in which the principal office of the bank is located within twelve months of the final action or refusal of action by the Department. Except where questions of fact are presented and a jury trial on those issues is requested by one of the parties, the review shall be conducted by the court without a

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jury. The court shall not substitute its judgment for that of the Department but may: (1) compel Department action unlawfully withheld; (2) hold unlawful and set aside Department action found to be (i) in violation of constitutional or statutory provision; (ii) in excess of statutory authority; (iii) made upon unlawful procedure; (iv) arbitrary, capricious, or otherwise in abuse of discretion; provided that any action reviewable under the Administrative Procedure Act, or through the injunction procedure of section 41A-706, shall be reviewed under that Act or section, and not under this section. (b) Appeals from all final orders and judgments entered by the superior court under this Section may be taken to the Court of Appeals or the Supreme Court in the same manner as in other cases. 41A-402. Orders by Department; Enforcement. (a) Whenever it shall appear to the Department that the capital stock of a financial institution has been reduced below the minimum required by law or below the amount required by its articles or that its net assets are less than the amount of its capital stock, the Department may issue a written order directing such corporation to restore the deficiency within such period as shall be specified in the order. (b) Whenever it shall appear to the Department that any financial institution is not keeping its books and accounts in such manner as to enable the Department, with reasonable facility, to ascertain the true condition of the financial institution, the Department may issue a written order, requiring such financial institution, within such period as

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shall be specified in the order, to open and keep such books as the Department may, in its discretion, reasonably determine are essential for the purpose of keeping accurate and convenient records of the transactions and accounts of such financial institution. (c) Whenever any financial institution shall refuse to submit its records and affairs to a legally conducted examination or investigation by the Department, the Department may issue a written order requiring such financial institution to permit the Commissioner, or other duly authorized examiner, to make such examination or investigation, within such period as shall be specified in the order. (d) Whenever it shall appear to the Department that any financial institution has violated its articles or any law of this State or any order or regulation of the Department, or that any financial institution is conducting business in an unsafe or unauthorized manner, the Department may issue a written order requiring the financial institution to cease and desist from such unsafe and unauthorized practices. (e) Whenever a financial institution shall fail to comply with the terms of an order of the Department which has been properly issued under the circumstances, the Department, upon notice of three days to the financial institution, may, through the Attorney General, petition the Superior Court, either of Fulton County or of the county in which the financial institution has its registered office, for an order directing the financial institution to obey the order of the Department within such period as shall be fixed by the court. Upon the filing of such petition, the court shall allow a rule to show cause why it should not be granted. Whenever, after a hearing upon the merits or after failure of the financial institution to appear when ordered, it shall appear that the order of the Department was lawfully issued, the court shall grant the petition of the Department. 41A-403. Forfeiture Proceedings. (a) Articles of financial institutions existing under the laws of this State are subject to forfeiture:

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(1) in the case of an institution subject to such requirements, for failure to file its annual report with the Secretary of State or its annual license or occupation tax return within the time required by law; (2) for failure to maintain a registered office in this State as required by the provisions of Code Title 22, relating to corporations, or by section 41A-603 of this Code; (3) for having procured its articles through fraud; (4) for failure to organize and proceed to do business within a period of twenty-four months from the date of the certificate of incorporation; (5) for failure to obey a final court order issued pursuant to subsection (a) of section 41A-402 within the time specified in such order; or (6) where, because of violation of law or its articles or the unsafe condition or manner of operation of the financial institution, its continued existence is likely to injure the public or the institution's creditors or depositors. (b) Where such grounds exist, the Department, through the Attorney General and in the name of the State, is authorized to institute quo warranto or other appropriate proceedings in the principal court to vacate and forfeit the articles of any financial institution. (c) Where the articles of any financial institution shall be forfeited, the Department shall, if it has not already done so, take charge of the business and assets of such institution and proceed to liquidate it in the same manner as is herein provided in cases where the Department takes possession of a financial institution directly. (d) No suit to forfeit the articles of any financial institution shall be brought except as provided herein, but any person or corporation shall have the right to submit to the Department any facts which under the law would authorize the forfeiture of the articles of a financial institution.

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(e) On April 1, 1975, the provisions of Code Title 22, relating to forfeiture, shall not be applicable to financial institutions. 41A-404. Injunction Suits by Department. The Department may bring an appropriate civil action to enforce any provision of this Code or regulations issued hereunder whether by injunction or otherwise in the superior court of this State having jurisdiction over one or more of the defendants. 41A-405. Evidential Value of Results of Examinations; Investigations. The record of any examination or investigation of a financial institution by the Department, or the report by the examiner or employee of the Department who conducted such examination or investigation, or a copy of either, when duly certified by the Department shall, in the absence of any applicable privilege, be admissible and constitute prima facie evidence of facts therein stated in any action at law or equity in which one of the parties is the Department, or any officer or employee thereof, either in his official capacity or otherwise, or the financial institution subjected to examination or investigation. 41A-406. Admissibility of Certificates, Copies. When duly certified by the Department, a copy of any book, paper, or document on file with it or a certificate under its seal shall be prima facie evidence of the facts therein stated in any court of law or equity, or in any investigation or proceeding authorized by law, or for any other purpose, and shall be admissible without any additional authentication, but in any proceeding the court or public body having jurisdiction may, on cause shown, require production of the original. 41A-407. Liability for Nonperformance of Duty. The Commissioner, the Deputy Commissioner, and the examiners shall be liable on their official bonds to any person or corporation injured on account of the failure of the Commissioner, the Deputy Commissioner, or any examiner to faithfully discharge the duties of his office. Suit may be brought thereon in any court of competent jurisdiction in the name of the State for the benefit of the injured party.

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41A-408. Costs of Suits By or Against Department. The costs of any suits or proceedings by or against the Department shall be taxed by the judge of the superior court in which such suit is brought either against the opposite party to such suit, or against the financial institution concerning which the suit is brought, or against the Department, in which latter event such costs shall be paid as other expenses of the Department are paid. 41A-409. Department of Law to Advise Department. It shall be the duty of the Department of Law to advise the Department on any question of law submitted by it. CHAPTER 41A-5. EMERGENCIES AND VOLUNTARY LIQUIDATIONS. 41A-501. Emergency Closings. (a) Whenever it appears to the Governor that the welfare of the State or any region thereof, or the welfare and security of any financial institution or the lives of the employees of the financial institution, or the safety of the funds of depositors and property of the shareholders are endangered or placed in jeopardy by any impending or existing emergency or other catastrophe including, but not limited to, economic crises, hurricanes, tornadoes, fire hazards or civil disorders, the Governor may proclaim that a financial emergency exists, and that any financial institution or type of financial institution shall be subject to special regulation as herein provided until the Governor, by a like proclamation, declares the period of such emergency to have terminated. The Governor may declare such financial holidays as, in his judgment, any such emergency may require. (b) During the period of any financial emergency proclaimed by the Governor according to the provisions of subsection (a) of this Section: (1) The Department, in addition to all the powers conferred upon it by law, shall have the authority to order any one or more financial institutions to restrict all or any part of their business and to limit or postpone for any length of

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time the payment of any amount or proportion of the deposits in any of the departments thereof as it may deem necessary or expedient and may further regulate payments therefrom as to time and amount, as in its opinion the interest of the public or of such financial institutions or the depositors thereof may require. (2) No liability or loss of any rights of any kind shall be incurred by any financial institution during any emergency period so declared by the Governor, by reason of the delay in the payment of any item, or by the return or transmission of any item or document if such delay is caused by orders of the Governor or the Department, interruption of communication facilities, suspension of payments by another financial institution, war, or emergency conditions or other circumstance beyond the control of the financial institution if it exercises such diligence as the circumstances require. 41A-502. Voluntary Dissolution Prior to Commencement of Business. (a) A financial institution which has not transacted any business as a financial institution other than organizational business may propose to dissolve by the affirmative vote of shareholders entitled to cast at least two-thirds of the votes which all shareholders are entitled to cast on the plan, and by delivering to the Department articles of dissolution which shall be executed by two duly authorized officers or shareholders under the seal of the financial institution and which shall contain: (1) the date of incorporation of the financial institution; (2) a statement that it has not transacted any business as a financial institution other than organizational business; (3) a statement that all liabilities of the financial institution have been paid or provided for; (4) a statement that all amounts received on account of capital stock, paid-in capital and expense fund, less amounts disbursed for expenses, have been returned to the persons entitled thereto; and

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(5) the number of shares entitled to vote on the dissolution and the number of shares voted for and against it, respectively. (b) The articles of dissolution shall be delivered in triplicate to the Secretary of State together with the filing fee required by section 41A-3703. The Secretary of State shall transmit a copy of the articles to the Department. If the Department is satisfied that the financial institution has not conducted any business other than organizational business, and if it finds that the articles of dissolution satisfy the requirements of this Code, it shall deliver them with its written approval to the Secretary of State and notify the financial institution of its action. If the Department shall disapprove the articles of dissolution, it shall give written notice to the financial institution of its disapproval and a general statement of the reasons for its decision. The decision of the Department shall be conclusive, except as it may be subject to judicial review under section 41A-401. 41A-503. Election for Voluntary Dissolution After Commencement of Business. (a) A financial institution which has commenced business may elect to dissolve voluntarily upon: (1) adoption by the vote required of its shareholders under subsection (b) of this Section of: (i) a plan of dissolution involving both a provision for assumption of its liabilities by another financial institution and a provision for continuance of its business if such assumption of its liabilities is not effected; or (ii) any other plan of dissolution providing for full payment of its liabilities; and (2) approval by the Department of the plan of dissolution after application for approval thereof in a manner prescribed by the Department. (b) Adoption of the plan by the shareholders of the financial institution shall require the affirmative vote of the

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shareholders entitled to cast at least two-thirds of the votes which all shareholders are entitled to cast on the plan and, if any class of shareholders is entitled to vote on the plan as a class, of the holders of at leat two-thirds of the outstanding shares of such class. (c) Upon receipt of an application for approval of a plan of dissolution, the Department shall conduct such investigation as it may deem necessary to determine whether: (1) the plan satisfies the requirements of this Code; (2) the plan adequately protects the interests of depositors, other creditors and shareholders; and (3) if the plan involves an assumption of liabilities by another financial institution, such assumption would be consistent with adequate and sound banking and in the public interest on the basis of factors substantially similar to those set forth in section 41A-2405 of this Code. Within ninety days after receipt of the application, the Department shall approve or disapprove the application on the basis of its investigation and shall immediately give to the financial institution written notice of its decision, and in the event of disapproval, a general statement of the reasons for its decision. The decision of the Department shall be conclusive, except as it may be subject to judicial review under section 41A-401. 41A-504. Winding Up Voluntary Dissolution Proceedings. (a) The board of directors shall have full power to wind up and settle the affairs of a financial institution in voluntary dissolution proceedings. (b) Within thirty days after the Department's approval of voluntary liquidation and dissolution, the financial institution shall give notice of its dissolution: (1) by mail to each depositor and creditor (except those as to whom the liability of the financial institution has been assumed by another financial institution pursuant to the

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plan), including a statement of the amount shown by the books of the financial institution to be due to such depositor or creditor and a demand that any claim for a greater amount be filed with the financial institution before a specified date at least sixty days after the date of notice; (2) by mail to each lessee of a safe deposit box and each customer for whom property is held in safe deposit (except those as to whom the liability of the financial institution has been assumed by another financial institution pursuant to the plan), including a demand that all property held in a safe deposit box or held in safe deposit by the financial institution be withdrawn by the person entitled thereto before a specified date at least sixty days after the date of the notice; (3) by mail to each person interested in funds held in a fiduciary account or other representative capacity; (4) by a conspicuous posting at each office of the financial institution; and (5) by such publication as the Department may prescribe. (c) As soon as feasible after the Department's approval of voluntary liquidation and dissolution, the financial institution shall resign all of its fiduciary appointments and take such action as may be necessary to settle its fiduciary accounts. (d) Except where liabilities are to be assumed by another financial institution: (1) All claims of depositors and creditors shall be paid promptly after the date specified in the notice given under subsection (b) (1) of this Section, and unearned portions of rentals for safe deposit boxes shall be rebated to the lessee thereof. (2) Safe deposit boxes whose contents have not been removed after the date specified in the notice given under subsection (b) (2) of this Section shall be opened under the

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supervision of the Department and the contents placed in sealed packages which, together with unclaimed property held by the financial institution in safe deposit, shall be transmitted to the Department to be held by it subject to the provisions of the Disposition of Unclaimed Property Act, provided that the Department while holding such property may take such actions as it deems appropriate to protect the interests of the owner including reducing such property to cash. (3) After payment of amounts due to all known depositors and creditors, unclaimed amounts due to depositors and creditors shall be paid through the Department and held by it subject to the provisions of the Disposition of Unclaimed Property Act. (4) Assets remaining after the performance of all obligations of the financial institution under subsection (c) and (d) of this Section shall be distributed to its shareholders according to their respective rights and preferences. Partial distributions to shareholders may be made prior to such time only if, and to the extent, approved by the Department. (e) During the course of dissolution proceedings the financial institution shall make such reports as the Department may require and the financial institution shall continue to be subject to the provisions of this Code concerning examinations and investigations of financial institutions. (f) If at any time during the course of dissolution proceedings the Department finds that the assets of the financial institution will not be sufficient to discharge its obligations, the Department may then or at anytime thereafter take possession of the business and property of the financial institution and complete the dissolution in accordance with the provisions of this Code. 41A-505. Articles of Dissolution Where Business Commenced. (a) When all the liabilities of the financial institution have been discharged and all of its remaining assets have been distributed to its shareholders pursuant to section 41A-504, or its liabilities have been assumed by another

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financial institution, the articles of dissolution shall be signed by two duly authorized officers of the financial institution under its seal and shall contain: (1) the name of the financial institution and the post office address of its principal place of business; (2) a statement that the Department has previously approved a plan to dissolve the institution and the date on which such approval was transmitted to the Secretary of State; (3) a statement that all liabilities of the financial institution have been discharged and that the remaining assets of the financial institution have been distributed to its shareholders; or that its liabilities have been assumed as provided in this Code; and (4) a statement that there are no suits pending against the financial institution. (b) The articles of dissolution shall be delivered to the Secretary of State in triplicate together with the filing fee required by section 41A-3703. The Secretary of State shall immediately transmit to the Department one copy of the articles of dissolution and if the Department finds that the articles satisfy the requirements of this Code, it shall deliver its written approval to the Secretary of State. 41A-506. Certificate of Dissolution. If all applicable fees, charges and taxes required by law have been paid upon the receipt of the Department's approval under Sections 41A-502 or 41A-505 of the articles of dissolution, the Secretary of State shall immediately issue to the financial institution a certificate of dissolution with the approved articles of dissolution attached thereto and shall retain a copy of such certificate, the approval of the Department and the articles, and the existence of the financial institution shall cease.

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CHAPTER 41A-6. NAMES, REGISTERED OFFICES AND ADVERTISING. 41A-601. Permissible Names. (a) The name of a financial institution shall not contain the words `Government', `Official', `Federal', `National', or `United States' or any abbreviation of any such words and shall not in the opinion of the Department: (1) resemble the name of any other financial institution transacting business in the relevant financial market so closely as to cause detriment or disadvantage to the financial institution already transacting business; (2) contain any word which may lead to the conclusion that the financial institution is authorized to perform any act or conduct any business which it is unauthorized or forbidden to perform by law, its articles, or otherwise. (b) A financial institution may, without regard to the provisions of subsection (a) of this section, use: (1) its name in use on April 1, 1975; or (2) a name in use on April 1, 1975, by another financial institution which is adopted by: (i) a financial institution which is the resulting institution in a plan of merger or consolidation to which the institution using the name is a party; or (ii) a financial institution which is incorporated under this Code in pursuance of a plan of segregating the banking business and the trust business of the institution using the name; (3) a name of another financial institution or resembling that of another financial institution already transacting business with the consent of the latter institution. 41A-602. Reservation of Name. (a) The exclusive right to use a name permitted to be used by a financial institution

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may be reserved by a person intending to incorporate such an institution or by a corporation intending to engage in business in this State as a financial institution or by a financial institution intending to change its name, or by a national bank, a federal credit union or a savings and loan association intending to convert into a financial institution organized under the laws of this State. (b) Such reservation may be made by filing with the Secretary of State an application to reserve a specified name. The Secretary of State shall send a copy of the application to the Department together with a listing of all names of financial institutions which are identical or similar to the proposed name. If the Department concludes that the use of the name complies with the requirements of section 41A-601 and is otherwise consistent with the purpose and provisions of this Code, it shall give its written assent to the Secretary of State who shall then reserve the name for the exclusive use of the applicant for a period of six months. An extension of this period may be granted by the Department for good cause shown. The Secretary of State shall be notified of such extension by the Department. (c) The right to the exclusive use of a name reserved pursuant to this Section may be transferred to anyone who would be entitled to reserve such name under this Section except for such prior reservation by filing with the Secretary of State a notice of the transfer which shall be executed by the transferer who reserved the name and which shall set forth the name and address of the transferee. The Secretary of State shall send a copy of such notice to the Department. (d) The Department may revoke any reservation if, after hearing, it finds that the application therefor or any transfer was not made in good faith or otherwise not in confirmity with law. (e) On and after April 1, 1975, the provisions of Code Title 22, relating to reservation of names, shall no longer be used to reserve the name of a corporation which is or is proposed as a financial institution.

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41A-603. Registered Office. (a) Every financial institution shall continuously maintain a registered office. Such office shall be located in a county in this State where the financial institution is authorized to conduct its general business, and, in the case of financial institutions subject to the Georgia Business Corporation Code or the Georgia Nonprofit Corporation Code, such office shall be the same office as its registered office under those Codes. (b) Not later than April 1, 1975, every financial institution shall file with the Department a statement designating the place of its registered office by street, post office address and county. In the event of the failure of an institution to file said statement, the registered office of the institution shall be as designated by the Department. (c) A financial institution may change (and a new financial institution may establish) the location of its registered office by filing a statement with the Department designating the street, post office address and county of its new registered office, provided that no change in the registered office shall affect actions or proceedings commenced before the time of said change. 41A-604. Prohibited Advertising. (a) No person 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 financial institution authorized to have such deposits or accounts when in fact such instrument does not possess comparable insurance coverage as determined by the Department. 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 or share account, to a deposit or share account or a return on a deposit or share account in an authorized financial institution, it shall be clearly stated in such advertising or solicitation

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that the investment is not a deposit insured by a public body of the United States or of this State. (b) No person 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 or corporation. 41A-605. Additional Protection. Nothing in this Code shall abrogate or limit the law as to unfair competition or unfair trade practice, nor derogate from the common law, or principles of equity, or the statutes of this State or of the United States with respect to the right to acquire and protect trade names and trademarks. CHAPTER 41A-7. RECEIVERSHIPS GENERAL POWERS AND PROCEDURES. 41A-701. Taking of Possession by Department; Cumulative Remedies. (a) The Department may in its discretion take possession of the business and property of any financial institution whenever such financial institution: (1) is insolvent or in an unsafe or unsound condition to transact its business; (2) has generally suspended payment of its obligations, without authority of law; (3) has violated any court order, statute, rule, or regulation, or its articles; and the Department determines that its continued control of its own affairs thereatens injury to the public the financial community, or its depositors and other creditors; (4) requests the Department, by its board of directors, to take possession for the benefit of depositors, other creditors, and shareholders. (b) The right of the Department to take possession of a financial institution shall be in addition to and cumulative

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with all other rights, remedies, and powers of the Department. The Department may, in its discretion before or after taking possession, petition the principal court for appointment of a receiver pursuant to subsection (c) of section 41A-702 of this Code. 41A-702. Status as Receiver; Restrictions on Appointment. (a) Upon taking possession of a financial institution, the Department shall automatically become the receiver of said institution with all rights, powers and duties conferred by this Code and, to the extent not in conflict with this Code, all rights, powers and duties of a receiver appointed pursuant to Code Title 55, relating to injunctions and receivers. (b) Except as provided in subsection (c) of this Section, no court shall appoint anyone but the Department as receiver of a financial institution. Whenever any court, at the instance of the Department, a depositor, shareholder, or other person entitled by law to institute such proceedings, shall determine that a receiver should be appointed, for any reason whatsoever, it shall appoint the Department as such receiver. When thus appointed receiver by a court, the Department shall serve in the same manner and with the same limitations, and it shall have the same rights, powers, and duties, as when it becomes receiver by operation of law and without appointment by any court. No court shall impose upon the Department as receiver any duties or restrictions in conflict with the provisions of this Code. (c) In any proceeding for the appointment of a receiver of an institution whose deposits or shares are insured by a public body of the United States, the court may upon the recommendation of the Department (whether or not the Department is a party) appoint said public body or its administrator as receiver. If said public body or its administrator accepts the appointment it or he shall have all the rights, powers and duties of the Department as receiver under this Code and other applicable law. The public body or its administrator may act as receiver without bond. 41A-703. Taking of Possession upon Request. No financial

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institution shall make a general assignment of its business and property for the benefit of its creditors by the appointment of an assignee or a trustee, or otherwise. In lieu of the power to make an assignment for the benefit of creditors, a financial institution may request the Department to take possession as herein provided. In such cases, the Department shall take such possession and become receiver in the same manner and subject to the same provisions of this Code as when it takes possession of the business and property of a financial institution without the request of such financial institution. 41A-704. Posting of Notice of Possession. The Department, upon taking possession of the business and property of a financial institution as receiver, shall post notice of such fact on the front door of all offices of the institution open to the public for the transaction of business in person. 41A-705. Certificates of Possession. The Department shall immediately after taking possession file with the principal court a certificate to be known as the certificate of possession, setting forth the facts on the basis of which it has taken possession. The certificate shall state the name of the deputy receiver, if any, whom the Department, pursuant to the provisions of this Code appoints to take charge of the affairs of the financial institution, together with the duties of such deputy receiver. If the Department does not appoint a deputy receiver prior to the date of the filing of the certificate of possession, or if it appoints a new deputy receiver or an additional one, or if it adds to the duties of the deputy receiver, it shall file a supplement to the certificate of possession setting forth such acts. The certificate of possession and any supplement thereto shall be listed in the judgment index in the name of the financial institution as defendant and of the Department as plaintiff. 41A-706. Injunction to Restrain Department. Any financial institution of whose business or property the Department has taken possession as receiver, may, at any time within ten days after the Department has become receiver, apply to the principal court for an order requiring the Department to show cause why it should not be enjoined from

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continuing as receiver. Service may be made in such action by serving the Commissioner personally, or by leaving a copy with the deputy in charge of his office in the Department, or by serving the deputy receiver appointed by the Department to manage the affairs of such financial institution. The court shall, after a hearing upon the merits, either dismiss the application or order the Department to surrender to the financial institution possession of its business and property, but no such injunction shall issue where the Department has been appointed receiver by action of a court of competent jurisdiction, or by action of the financial institution itself, in accordance with the provisions of this Code. Such application for injunction may in the discretion of the court be heard at any time after service as provided herein, with the right to either party by appeal, as in other cases of applications for temporary injunction, to carry said case to the Supreme Court for review. 41A-707. Supervision by Court. (a) Except as otherwise provided in this Code, the Department, when it has taken possession of a financial institution, shall be responsible to the principal court and not to any other court. All suits against the Department or any official of it involving a financial institution which is or has been in the Department's possession shall be brought in the principal court. (b) The principal court shall sit as a court of equity. It shall have the power, upon petition of the Department, to make and enforce any appropriate order to enable it, with the utmost dispatch, to discharge its duties in connection with the business and property of any financial institution of which it has taken possession. (c) The court shall grant to any party against whom an order is sought the right to appear, within ten days after notice is given, to show cause why the order should not be made. The court shall have the power, at the end of the ten-day period, ex parte if the other party does not appear to show cause, or upon the merits, if the party does appear, to issue the aforementioned order. (d) Whenever this Code empowers the Department as

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receiver to take any act with the leave of court, the Department shall give the financial institution and its creditors, depositors and shareholders ten days' notice of its proposed action before seeking the approval of the court, provided that the court may, upon cause shown, shorten the time or dispense with such notice or direct that it be sent to only specified parties. In determining what, if any, notice shall be provided, the court may consider, among other factors, the necessity for immediate action in the interest of the financial institution as a whole and whether the interests of potential addressees are actually at stake. Where parties object to the proposed action of the Department, the court shall allow them an opportunity to present their views appropriate to the nature of the case. 41A-708. General Powers. (a) The Department in possession shall be vested with all the rights, powers, and duties of such financial institution; with the title or the right to possession of all property to which the financial institution has title or the right to possession, including debts due, and liens and other security therefor; and with the financial institution's rights of action or redemption. This shall be so whether such property and debts due, such liens or other security therefor, or such rights of action or redemption are held in the name of such financial institution, or in the name of some other corporation or person. (b) The Department shall be the representative of the creditors of the financial institution and shall be entitled, as such, to have vacated and set aside, for the benefit of the creditors, any judgment, execution, attachment, sequestration, payment, security interest, assignment, transfer, conveyance, or encumbrance, which could have been avoided by any of the creditors, or by which one creditor is given a preference over another. As used herein the term `preference' shall mean all transfers of the assets of a financial institution made or suffered, either after or in contemplation of insolvency, for the purpose of allowing a creditor to gain more than his ratable share of the assets of the institution as determined by section 41A-813. (c) The Department is authorized to collect all moneys

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due to the financial institution and to do such other acts as are necessary to conserve its assets and business. In exercising its power as receiver, the Department shall give first consideration to the interests of depositors and other creditors as a whole, and shall give consideration to the interests of shareholders and other owners only when depositors and other creditors have received or are assured of full payment of their claims. (d) The Department as receiver shall have the power to execute in its name or in the name of the financial institution any instrument necessary or proper to effectuate its powers or perform its duties as receiver. Any instrument executed in the name of the institution pursuant to the authority hereby given shall be valid and effectual for all purposes as though executed by proper officers of the institution by authority of its board of directors or other governing body. 41A-709. Appointment of Deputy Receivers, Counsel, and Other Assistants. The Department may appoint one or more official agents, to be known as deputy receivers, to assist it in the management, reorganization, consolidation, liquidation, or distribution of the assets and affairs of any financial institution of which it has taken possession as receiver. The Department may delegate to each deputy receiver any duty imposed upon, or any right or power granted to, it as receiver. The Department may also employ such other assistants as it deems necessary, including such attorneys general or other attorneys as may be appointed by the Attorney General or independently retained by the Department in connection with the receivership. The Department may also retain, to assist it in the management, reorganization, consolidation, liquidation, or distribution any officer or other employee of the financial institution of which it has taken possession. 41A-710. Suspension or Continuation of Business. The Department is authorized, upon taking possession of the business and property of a financial institution as receiver, to continue or to suspend the business for such period as it may deem necessary to enable it to determine whether to surrender

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such possession to the financial institution, to authorize a merger or consolidation, to liquidate the affairs of such financial institution, or to take such other action as is authorized by law. 41A-711. Determination to Liquidate; Filing of Supplemental Certificates. The Department shall, within six months after the date on which it takes possession of any financial institution as receiver, determine whether or not to liquidate the business and property and distribute the assets of the financial institution. If it shall determine to liquidate, it shall forthwith file with the principal court a supplement to the certificate of possession, setting forth this determination. The Department shall then proceed to liquidate the affairs of the financial institution with as much dispatch as shall appear to be expedient under the circumstances. 41A-712. Powers and Duties Before and After Determination to Liquidate. Except where otherwise specifically provided, all powers and duties granted by this Code to the Department in possession of the business and property of a financial institution as receiver may be exercised by it both before and after its formal determination, pursuant to the provisions of this Code, to liquidate the affairs of such financial institution. 41A-713. Inventory and Appraisement. (a) When the Department has taken possession of the business and property of a financial institution as receiver, it shall forthwith prepare a complete and detailed inventory of the assets of such financial institution. The inventory shall be verified by oath or affirmation of the Commissioner or other person making it. (b) As soon as expedient after taking possession, the Department shall cause a complete appraisement of the assets of the financial institution to be made, in duplicate, under oath or affirmation, by not less than two nor more than three disinterested appraisers selected by it. Such appraisement shall be included upon the same document or documents as the inventory. The value of the assets shall be

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computed in such appraisement as of the date on which the Department took possession. (c) The original and duplicate of the inventory and appraisement shall be filed in the office of the Commissioner. However, if the Commissioner shall determine, in accordance with the provisions of this Code, to liquidate the affairs of the financial institution, he shall immediately, after such determination to liquidate, file the duplicate inventory and appraisement with the principal court. 41A-714. Notice to Holders of Assets; Power of Court to Order Transfer. (a) Upon becoming receiver, the Department shall forthwith give notice in writing of such fact to all corporations and persons having custody or possession of any assets or other property of the financial institution in receivership or any other property with respect to which such institution has a right to possession or custody for any purpose whatsoever. (b) The principal court shall have the power, except in cases where a jury trial is requested, upon petition of the Department, to order any corporation or person which has custody or possession of assets or other property to which such financial institution shall have the right of custody or possession, for any reason whatsoever, to transfer or convey such property to the Department and to execute and deliver any instrument necessary to accomplish that purpose. (c) Any person aggrieved by an order of the court may request a jury trial to determine the validity of his claim. 41A-715. Power to Borrow Money. The Department may, without leave of court, borrow money from any federal or state public body or from any person or corporation and grant as security therefor any real or personal property of the financial institution for the purpose of facilitating the liquidation, reorganization or rehabilitation of the financial institution. The repayment of money borrowed under this Section and interest thereon shall be considered an expense of administration under sections 41A-808 and 41A-813.

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41A-716. Surrender of Burdensome Assets. The Department may, with leave of court, surrender to the financial institution real or personal property which it finds to be burdensome and of no advantage to the depositors or other creditors of the institution. It may likewise, with leave of court, convey title to any holder of a mortgage, security deed, security interest or a lien against property in its possession, where it shall appear that to continue to hold such property is burdensome and of no advantage to the financial institution, its depositors or other creditors. 41A-717. Compromise of Claims; Extension of Mortgages; Notes. (a) The Department may, with leave of court, compound or compromise any debt, claim, or judgment due to the financial institution in receivership and discontinue any action or other proceeding pending therefor. (b) The Department may, without leave of court, enter into an agreement in writing upon such terms as shall seem reasonable to it to extend, for a period not to exceed three years, the maturity of any mortgage or security deep obligation in its possession. However, the Department shall not enter into any agreement extending any such obligation which shall have been pledged by the financial institution of which it is in possession as receiver, unless it shall first obtain the written consent of the pledgee of such mortgage to such extension. The Department may likewise renew or extend, for limited periods, other notes and drafts held by the financial institution. 41A-718. Payment of Mortgages and Liens; Protection of an Equity. The Department may, with leave of court, pay off all mortgages, security deeds, security agreements and liens of or upon any real or personal property which belong to the financial institution. It may, without leave of court, purchase, at a judicial sale or at any sale authorized by an order of a court of competent jurisdiction, any real or personal property in order to protect any equity which such financial institution has in such real or personal property. 41A-719. Sales of Real Property. The Department may, with leave of and upon the terms and conditions prescribed

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by the court, sell any real property of the financial institution of which it is in possession as receiver. The order of the court authorizing such sale shall state whether the sale shall be entirely for cash or partly for cash and partly for evidences of indebtedness, and whether it shall be public or private. Each such sale of real property shall be confirmed by the court, if all the terms and conditions of its order authorizing such sale have been complied with. If the real property is located in this State, but in a county other than the county of the principal court, the Department shall file a certified copy of all orders relating to the property in the office of the clerk of the superior court of the county where the real property is located. 41A-720. Leases of Property. The Department may, without leave of court, enter into leases of real or personal property belonging to the financial institution in receivership for a period not to exceed one year. It may, with leave of court, enter into such leases for a period not to exceed ten years, upon the terms and under the conditions prescribed by the order of the court. 41A-721. Sale or Exchange of Personal Property; Liens and Securities. (a) The Department may, without leave of court, sell on any stock exchange or otherwise, at such times and in such manner as it may deem advisable, listed or unlisted securities which belong to the financial institution in receivership. (b) The Department may, without leave of court, exchange listed or unlisted securities for other securities of the corporation issuing the securities, or of a corporation which has merged or consolidated with or has taken over such corporation. (c) The Department may, without leave of court, sell any mortgage or other lien upon real property or any judgment, at such times and in such manner as it shall deem to be advisable. (d) Except as otherwise specifically provided by this Code, the Department may, without leave of court, sell

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(1) at public sale, or (2) at private sale, for a net consideration not below the amount at which such personal property has been valued in the appraisement required by this Code, any personal property which belongs to the financial institution in receivership, or which such financial institution has the power to sell. It may, with leave of court, sell such personal property at private sale upon such terms and under such conditions as the court shall prescribe to be commercially reasonable. 41A-722. Deposit of Moneys by Department. All moneys received by the Department as receiver of a financial institution except those moneys necessary to administer the liquidation shall be deposited by it in interest bearing accounts with one or more institutions authorized by law to receive deposits and subject to the supervision of either federal or state regulatory authorities. It shall require of such depositor security therefor, in such amount and of such nature as the Department shall deem adequate. 41A-723. Property in Safe Deposit Vault or Held for Safe-keeping. (a) The Department may, any time after taking possession of a financial institution as receiver, give written notice to anyone claiming or appearing on the books of such financial institution to be the owner or to be entitled to the possession of any personal property left with such financial institution as bailee for safekeeping or depository for hire, and to anyone appearing on the books of the financial institution to be the lessee of any safe, vault, or safe deposit box, notifying such bailor, depositor, or lessee, respectively, to remove all such personal property within the period fixed by the notice, provided that such period shall in no case be less than sixty days after the date of the notice. (b) At the expiration of such period, if the lessee of a safe, vault, or safe deposit box has not removed the contents thereof, the Department may open such safe, vault, or safe deposit box in the presence of a notary public not an officer or employee of the financial institution or of the Department. The contents, if any, of such safe, vault, or safe deposit box shall then be sealed and marked by such notary with the name and address of the lessee in whose name such

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safe, vault, or safe deposit box appeared on the books of the financial institution and with a list and description of the property therein. The Department shall hold such property until it is delivered to the owner, or those claiming through him, or is disposed of under the Disposition of Unclaimed Property Act, and while holding such property may take such action as it deems appropriate to protect the interest of the owner therein, including reducing the property to cash. (c) The Department shall follow the same procedure and have the same powers with regard to the property left with the financial institution as bailee for safekeeping or depository for hire and not called for within the period specified by the notice. (d) The contract of bailment, deposit, or lease, if any, shall be considered at an end upon the date designated by the Commissioner for the removal of the property therein. The amount of unearned rent or charges, if any, paid by the bailor, depositor, or lessee, shall become a debt of the financial institution. 41A-724. Actions and Suits. For the purpose of executing any of the powers and performing any of the duties respectively conferred or imposed upon it, as receiver, by this Code, the Department may, in its name as receiver of such financial institution, prosecute any action at law or in equity in any court of this State or of any other state, or in any federal court, whether or not such action is pending on behalf of the financial institution at the time it takes possession. It may likewise similarly defend any action at law or in equity pending against the financial institution at the time it takes possession. The Department may, in its name as receiver of a corporation, institute and maintain any action which any director, officer, corporation, or any shareholder or creditor thereof, could have instituted or maintained. 41A-725. Surrender of Possession; Special Liquidations and Reorganizations. (a) The Department may, upon conditions approved by it, surrender possession of a financial institution

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in receivership at any time prior to final liquidation and distribution under the following circumstances: (1) It may surrender possession to the financial institution itself when it finds the institution to be in a safe and sound condition to resume its business; (2) It may surrender to the financial institution itself, or to any other corporation or person, possession of all or part of the business, property, moneys, credits, or other assets of the financial institution in receivership, to permit to be carried into effect a special plan of liquidation, reorganization, or rehabilitation under the requirements of this Section. (b) Before the Department may surrender possession of any of the assets of a financial institution pursuant to a special plan of liquidation, such plan shall have been approved by the principal court and a majority of creditors (including depositors) of the institution, both as to number of creditors and as to the amount of claims. (c) Before the Department may surrender possession of any of the assets of a financial institution pursuant to a special plan of reorganization or rehabilitation, such plan shall have the same approvals as required under subsection (b) and, in addition, shall be approved by the affirmative vote of the holders of a majority of shares entitled to vote thereon. (d) Whenever the Department shall surrender possession under the provisions of this section, it shall forthwith file with the principal court a supplement to the certificate of possession, setting forth in detail all the conditions and purposes of such surrender. This supplement shall be indexed in a manner which will, insofar as necessary, satisfy the prior record of the certificate of possession. (e) Whenever the Department shall, under the provisions of this Section, surrender possession of the entire business and property of a financial institution in receivership, it shall file in the principal court an account, which shall correspond

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to any other final account under this Code. Such account shall be subject to exceptions by shareholders, or depositors, or other creditors, and to confirmation by the court, in the same manner as is provided by this Code for any account filed by the Department as receiver. CHAPTER 41A-8. CLAIMS, PRIORITIES AND ACCOUNTING IN RECEIVERSHIPS. 41A-801. Preservation of Assets. (a) The status of all parties shall become fixed on the date the Department takes possession of a financial institution. No corporation or person shall thereafter acquire any lien or charge against the financial institution for so long as it remains in receivership, provided that nothing in this Section or elsewhere in this Code shall be construed to impair any preferred claim arising pursuant to Code section 109A-4-214. (b) No execution, attachment or repossession (whether by action or otherwise) shall issue or be proceeded with against any assets owned by or in the custody or possession of a financial institution in receivership. In lieu of the right to issue an attachment or execution against assets of, or lawfully in the possession or custody of, the financial institution, a plaintiff may proceed by giving written notice of his claim to the Department or to the deputy receiver of such financial institution, and he shall thereafter prove his claim in the regular manner prescribed by this Code. If, in filing its account, the Department rejects the claimed right to execution or attachment, the court shall adjudicate the matter as in the case of other disputed claims. 41A-802. Exclusivity of Claims Procedure. All claims against the financial institution, suit upon which has not been commenced prior to the time the Department took possession, shall be presented in the regular manner provided by this Code for the presentation of claims. Neither a depositor or other creditor of the financial institution, nor any other claimant, may maintain any action at law or in equity upon such claim, except by regular method provided by this Code for exceptions to the accounting of the Department as receiver. However, an action for the return of

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specific property, or property with respect to which the plaintiff holds a perfected security interest or security title which could have been recovered by the plaintiff from the financial institution in receivership, may be maintained in the principal court against the Department in its name as receiver of the financial institution. All actions pending against the financial institution when the Department takes possession shall be automatically stayed during the receivership, provided that all such actions, except those specified in subsection (b) of section 41A-801, may proceed with prior approval of the principal court. 41A-803. Notice to Depositors and Other Creditors. (a) After filing a supplement to the certificate of possession setting forth its determination to liquidate the affairs of a financial institution in receivership, the Department shall forthwith give notice of such determination to all corporations or persons who appear upon the books of the financial institution as depositors or other creditors, or who are otherwise known to the Department to be or claim to be depositors or other creditors or who have given notice to the Department claiming a right of execution or attachment against any assets owned by, or legally in the custody or possession of, the financial institution. (b) The notice to depositors shall state the amount which the books or other records of the financial institution show to be due to such depositor. It shall also state that unless such depositor shall, within a specified time, present to the Department his bank statement or passbook, or other evidence of his account, showing a different amount to be due, or unless such depositor shall, within a specified time from the date of such notice, otherwise prove in the manner provided by this Code that a different amount is due, the amount shown to be due by the books of the financial institution will be conclusively presumed to be correct unless the court, pursuant to the provisions of this Code, grants him an extension of time. (c) The notice to each creditor, other than a depositor, shall inform such creditor that he must present his claim in the manner provided by this Code within a specified time

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from the date of such notice, or else be permanently barred from sharing in any distribution of the assets of the financial institution unless the court, pursuant to the provisions of this Code, grants him an extension of time. (d) The Department shall also advertise, in the manner prescribed by this Code, its determination to liquidate the financial institution. Such advertisement shall state that the Department has filed an inventory and appraisement of the assets of the institution and shall designate the superior court with which such documents have been filed and shall describe the legal consequences to depositors and other creditors of failure to prove those claims within the time set in the notice. For purposes of this advertisement and other notices or advertisements required hereunder, the Department may, to the extent it deems appropriate, describe shareholders of building and loan associations and credit unions as such, not by use of the defined term `depositors' used in this Code. (e) The Department shall specify as the last day upon which depositors and other creditors can prove their claims a date at least thirty days after the date of the sending of such notice to depositors and creditors. However, claims based upon deficiencies in, or surcharges with respect to assets which such financial institution held in a fiduciary capacity, may be proved at any time within six months after the appointment of a substituted fiduciary of the estate of which such assets were a part and the adjudication of the account of such estate by the competent court. 41A-804. Proof of Claims of Depositors. (a) Any depositor who disagrees with the amount shown by the books or other records of the financial institution to be due to him shall prove his claims by presenting his bank statement or passbook or other documentary indication of indebtedness, to the Department within the time and in the manner designated by the Department pursuant to the provisions of this Code. Any such depositor who shall not have received or shall have lost his bank statement or passbook or other documentary evidence or who shall believe that the amount shown to be due him by such bank statement or passbook

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or other documentary evidence is incorrect shall, within the time designated by the Department, present his claim to the Department by whatever method, including affidavits, the Department shall designate. (b) Any depositor who shall not present his claim within the designated time and in the manner provided by this Section shall be bound by the amount appearing to be due to him upon the books or records of the financial institution, or where the name of such depositor does not appear at all upon the books or records of the financial institution, or appears on such books or records but with no balance appearing to be due to him by the financial institution shall be permanently barred from sharing in any distribution of the assets of the financial institution. However, the principal court may, upon petition and adequate cause shown, permit any depositor to file his claim at a later date, but no claim shall in any event be allowed to be filed after the last day for the filing of exceptions to the first account of the Department. (c) This Section shall not, however, be construed to deprive any such depositor of any right of action at law or in equity which he may have against an officer or employee or former officer or employee of the financial institution, or upon the bond of such officer or employee or former officer or employee, for any act committed by such officer or employee which resulted in such depositor's name not appearing upon the books of the financial institution, or appearing upon them but being credited with an amount below that actually due. (d) The Department shall prescribe the form for the proof of claim of all depositors, and for an affidavit as to the truth of statements therein to be included with the claim. Whenever requested by any such depositor to prepare such proof of claim or to take the affidavit thereto, the Department may do so without any charge to such depositor if the Department concludes that it would be burdensome or difficult for the depositor to prepare the proof. 41A-805. Proof of Claims of Creditors. Creditors other

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than depositors shall not share in any distribution of the assets of the financial institution unless the creditor, or his designated representative, shall, within the time and in the manner specified by the Department pursuant to the provisions of this Code, present to the Department a statement of his claim, together with a copy of any book entries pertaining thereto, any evidence of indebtedness or other instrument received as evidence thereof, the details with respect to any collateral or agreement of pledge received in connection therewith, and a description of any insurance pertaining thereto. The Department shall prescribe the form for the proof of claim of creditors and for affidavit as to the truth of statements therein to be included with the claim. However, the court may, upon petition and adequate cause shown, permit any creditor to file his claim upon a later date, but no claim shall in any event be allowed to be filed after the last day for the filing of exceptions to the first account of the Department. 41A-806. Allowance of Claims. For the purposes of the accounting provided for in this Code, the Department shall allow the claims of depositors for the amounts shown to be due to them upon the books or other records of the financial institution (unless it determines such books or records to be in error), or for such other amounts as they shall, within the time and in the manner provided by this Code, prove to the satisfaction of the Department are due to them. It shall likewise allow the claims of all other creditors, when presented within the time and in the manner provided by this Code, if it shall be satisfied that the amounts claimed are rightfully due. In allowing claims, the Department may change their rank to that which it determines to be proper and may reduce them by exercise of the financial institution's right of set-off against the claimant. It shall reject all other claims of depositors and other creditors. 41A-807. Advance Payments of Dividends to Depositors. (a) After filing a supplement to the certificate of possession setting forth its determination to liquidate the affairs of the financial institution, the Department may, without leave of court and without filing an account, make an advance payment of a dividend to all depositors the amounts

Page 773

of whose claims, as they appear upon the books or other records of the financial institution, are undisputed. The dividend shall be calculated as if the claims of all other depositors, as they appear upon the books or other records of the financial institution, and the claims of all creditors or other corporations or persons who assert priority over, or parity with, depositors in the order of distribution of the assets, were valid and uncontested. (b) However, the Department shall not make such an advance payment of a dividend to any depositor until it shall have set aside an amount sufficient to pay in full the claims of all creditors or other corporations or persons asserting or entitled to priority over depositors in the order of distribution, and to pay the proportionate dividend on the amounts claimed by the other depositors, and by any creditors of other corporations or persons who are entitled to or who claim parity with depositors in the order of distribution provided for by law. The Department shall likewise set aside, before making such advance payment, such amount as it shall deem necessary for the expenses of administration of the receivership. 41A-808. Expenses of Administration. Any reasonable expenditure made by the Department as receiver of a financial institution, including any expense incurred in the management, reorganization, consolidation, liquidation or distribution of the assets and affairs of the financial institution, any payment of a loan or interest thereon under Section 41A-715, and any compensation paid to the deputy receiver, attorneys or any other person employed to assist the Department in such management, reorganization, consolidation, liquidation or distribution shall be paid out of the assets of the financial institution, provided it is included in any partial or final account filed by the Department, pursuant to the provisions of this Code, and is approved by the principal court in which such account is filed. Where such expenses are incurred, or such compensation is paid, for the benefit of the estate of more than one financial institution in the possession of the Department as receiver, an equitable portion of such expenses or compensation shall be paid out of

Page 774

the assets of each financial institution on whose behalf such expenditures were incurred or paid. 41A-809. Partial or Final Account; Objections. (a) At any time after the expiration of the period fixed by the Department for the presentation of claims, it may file a partial account of its administration of the business and property of the financial institution, duly verified under oath or affirmation, with the principal court. If the Department does not file its first account within one year after it takes possession of a financial institution, any depositor, other creditor or shareholder of such financial institution may petition the court to order the Department to file an account. The court may, in its discretion, grant or refuse the petition. Whenever it becomes economically advisable to wind up finally the affairs of a financial institution in liquidation, the Department shall file with the principal court its final account, duly verified under oath or affirmation. The clerk of the principal court shall not be under any duty to recopy or otherwise record any account, and shall make no charge except the regular fee for filing such or similar papers. (b) The account shall present the Department's administration of the estate, including a statement of all receipts or expenditures, a list of all claims which have been allowed and a separate list of claims which have been objected to or are disputed, showing as to all depositors and other creditors, their names and addresses, the amounts due or claimed to be due to them and any priorities in the order of distribution granted to or claimed by them. A final account need not present matters previously settled incident to partial accounts. (c) The Department shall forthwith give written or printed notice of such filing of an account to all corporations or persons whom it knows to be, or to claim to be, depositors or other creditors or who have given to it notice claiming a right of attachment or execution. Such notice shall also state that unless an exception to the account or to any item therein is filed with the principal court within thirty days from the date of the filing thereof, it will be confirmed absolutely.

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The Department shall also advertise such notice in a newspaper or newspapers as provided in this Code stating the date upon which it has filed its partial or final account and that all exceptions to the account must be filed within thirty days from the date of the filing of such account. The Department shall forthwith file with the court, under oath of affirmation, a statement that it has, in the manner provided by this Code, sent both the notice of its determination to liquidate and the notice of its filing of an account to all corporations or persons entitled thereto. The Department shall also file the proofs of publication of the advertisements required by this Section. (d) Any corporation or person who is or who claims to be a depositor, other creditor or shareholder of a financial institution, or who has given to the Department notice of his claim to the right of execution or attachment, or who asserts any other type of claim against a financial institution may, within thirty days after the filing of an account by the Department, file in the principal court specific exceptions in writing, under oath or affirmation, to such account or to any item therein. Notice of any exception to an individual item in an account shall forthwith be personally served upon or sent by registered mail to the corporation or person whose claim is thus objected to, or his counsel, and also the Department or the deputy receiver managing the affairs of the particular financial institution, or the counsel of either. Affidavit of the serving or sending of such notice shall forthwith be filed with the court. (e) Whenever an exception is filed to any expenditure made by the Department as an expense of administration, the Department shall keep an accurate record of the salaries and other expenses properly incurred by it in the contesting of such exception. If the exception is overruled and the expenditure is sustained, the court may, in its discretion, assess such expenses and salaries, together with the regular costs provided by law, upon the depositor, other creditor or shareholder filing such exception. 41A-810. Adjudication of Rejected Claims and Exceptions to Account. (a) If any claim has been rejected by the Department

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or any exception has been filed to the account or to any item thereof, the principal court shall, as soon as expedient after the expiration of the period for the filing of exceptions to the account, fix a date for hearing in court arguments on all rejected claims and all exceptions to the account or to any item thereof. The Department shall give notice of such hearing to all corporations or persons whose claims have been rejected by the Department or objected to in the manner provided by this Code. It shall likewise give notice to all corporations or persons who have filed exceptions to the account or to any item thereof. Such notice shall set forth, insofar as possible, the reasons for the rejection of the claim or the nature of the exception to the item of the account, and shall state that all parties whose claims are rejected or objected to must appear in the principal court upon the date fixed by the court to prove their claims, or they will be bound by the ex parte decision of the court. (b) The principal court in which the account is filed shall itself hear arguments upon any rejected claim or upon any exception to an account, or to any item thereof, upon the date fixed by it for this purpose. The court shall itself decide, without delay, all matters in controversy. If any party does not appear in court on the day fixed, the court shall conduct the hearing ex parte and shall render its decision upon the merits as they appear after such hearing. 41A-811. Confirmation of Account; Distribution of Dividends. (a) If the Department has approved all depositors' claims, as provided by them pursuant to the provisions of this Code, or if not proved, as they appear upon the books or other records of the financial institution, and if no exception has been filed to an account or to any item thereof within thirty days after the filing of such account by the Department, the principal court shall confirm the account absolutely. If any funds are available for distribution, the Department shall then declare and pay out of such funds a partial or a final dividend, according to the priorities established by law. If the Department has rejected any such deposit or claim, or if any such exception has been filed, the court shall confirm the account as to all other matters

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and claims. The Department may then declare and pay out of the funds available for distribution, if any, a dividend, according to the priorities established by law. The dividend shall be calculated as if all deposits and other claims were valid and approved. The Department, before paying any such dividend, shall set apart funds or assets sufficient to pay required distribution on any claim still being asserted which has been rejected, or reduced in priority, by the Department, or to which an exception has been filed, if the amount and the priority claimed were sustained by the court. If any such claim shall be determined by the court to be valid, the Department shall pay to the corporation or person entitled thereto the dividend which has been set apart in the manner provided by this section. If any such claim shall be determined by the court to be invalid, the dividend which has been set apart in the manner provided by this section shall be distributed in the order of the priorities established by law, to those whose claims have been approved by the court; provided, however, that any final determination as to disputed claims may be appealed as provided by law and payments may be withheld pending the results of the appeal. (b) The confirmation of any account after the adjudication of all claims therein which have been rejected or reduced in priority by the Department, or to which exceptions have been filed, and of all other exceptions to such account, shall be conclusive as to all matters therein. Except as otherwise provided in this Code, no claim of any depositor or other creditor, shall be valid if not listed and approved in the first account which has been filed. The confirmation of the final account and distribution thereunder shall discharge the Department, the Commissioner, the deputy receiver, any other employee and the legal counsel, as well as the surety for any of them, from all further civil liability for any act done in an official capacity with respect to the receivership. (c) Upon confirmation of the final account the Department may impound the balance of the assets, including real property remaining in its hands and shall not be obligated to sell such assets or actively to collect on the impounded assets. With regard to said assets, including real estate and including after-discovered assets, it shall, however, retain

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all of its powers to receive payment for them or, with leave of court, to adjust or compromise them. After its final accounting and discharge, the Department shall have power to make further distribution to the creditors, depositors and shareholders when, in its opinion, sufficient funds are realized to justify such distribution after deducting reasonable costs for collection, preservation and distribution. If the Department is of the opinion that the funds collected or probably to be collected will be insufficient to make a distribution practicable, and that all interested claimants will not in the future have their claims satisfied, it shall, after deducting reasonable costs for collection and preservation, hold the remainder of such property subject to the provisions of the Disposition of Unclaimed Property Act. 41A-812. Unclaimed Dividends. Whenever a dividend remains unclaimed six months after it has been declared and the Department is unable to locate the depositor or other claimant to whom said dividend was payable, the dividend shall become a part of the general assets of the financial institution and be distributed as other assets. 41A-813. Distribution of Assets upon Insolvency; Secured Claims and Liens. (a) In the distribution of the assets of a financial institution which is liquidated or dissolved, whether under this Code or by any other method, the order of payment of liabilities of the financial institution in the event that its assets are insufficient to pay in full all its liabilities for which claims are duly made shall be: (1) first, the payment of costs and expenses of administration of the liquidation or dissolution; (2) second, the payment of debts due depositors; (3) third, the payment of all State taxes; (4) fourth, judgments; (5) fifth, contractual obligations; (6) sixth, unliquidated claims for damages and the like;

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(7) seventh, capital securities. (b) Nothing in this Code shall impair the validity or the priority otherwise accorded by law to any security interest, security title, preferred claim arising under section 109A-4-214 of the Code of Georgia or any lien arising by force of law, provided any of the foregoing may be delayed in payment by the principal court until costs of administration including loans or interest payments under section 41A-715 or the costs of selling or otherwise disposing of assets under this Code have been met in any case where the principal court determines that the claimant of the security interest, security title, preferred claim or lien has expressly or impliedly consented to the administrative activities involved or has benefited from such activities. 41A-814. Subrogation of Insurer. Where the deposits or shares of a financial institution are insured by a federal public body or otherwise, the claims of depositors shall be subrogated in favor of said insurer to the extent that it pays or makes available for payment claims of such depositors against the financial institution, provided that the rights of such depositors to receive dividends or other distributions upon that portion of their claims not made available for payment shall not be affected by such subrogation. 41A-815. Liquidation of Excess Assets by Trustees. If any unliquidated assets remain in the Department's possession after the filing and confirmation of its final account, the payment in full of the claims of all depositors, creditors, and other claimants which have been approved by the court, and the distribution to shareholders of any cash balance remaining thereafter, it shall call a meeting of all the shareholders of the financial institution by giving them written notice of at least thirty days before the day fixed for the meeting. At such meeting, the shareholders shall elect by ballot a trustee or trustees, who shall complete the liquidation. A majority of the shares present in person or by proxy shall be necessary to elect such trustee or trustees. The Department shall file a certified copy of the minutes of said meeting with the principal court. If no trustee is elected in this manner on the day designated, the Department shall

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petition the principal court for the appointment of a trustee or trustees. The trustee or trustees who are thus elected by the shareholders or appointed by the court shall give bond to the State, in such amount, with such surety and under such conditions as the court may direct. The Department shall then transfer to such trustee or trustees all the assets of the financial institution which are still in its possession. After such transfer by the Department to a trustee or trustees for the benefit of the shareholders, the financial institution shall have no corporate powers or privileges whatsoever except that its shareholders may elect a successor trustee or trustees upon death, removal or inability of first trustee or trustees to act. The trustee or trustees shall not succeed to any of their powers or privileges except such as shall be necessary to the liquidation of the remaining assets which have been transferred to such trustee or trustees by the Department. 41A-816. Destruction of Records. The Department is authorized to destroy all records of the financial institution of which it was in possession as receiver, and all records of such receivership, at the expiration of six years from the date of the absolute confirmation of its final account, except where any provision of this Code expressly provides a different method for the disposition of the records or a longer period for their preservation. CHAPTER 41A-9. RECEIVERSHIP PROCEDURES INVOLVING TRUST OR POOLED ASSETS. 41A-901. Definitions and Applicability. (a) As used in this Chapter, the term (1) `Trust assets' means all assets held by financial institutions as trustee, administrator, executor, guardian or in a similar fiduciary capacity but shall not include assets held by the commercial department of the financial institution or `pooled assets' as defined herein. (2) `Pooled assets' means mortgages, securities or other assets comprising any mortgage or securities pool operated by such financial institution (whether said assets are held

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in the name of the institution or a nominee therefor) or with respect to which undivided interests have been created, regardless of whether or not the financial institution is technically a trustee and regardless of whether or not certificates of participation have been issued with respect thereto. (b) In the event of conflict, the provisions of this Chapter and not other Chapters of this Code shall control as to the trust assets and the pooled assets of any financial institution in receivership. 41A-902. Status in Relation to Trust and Pooled Assets. (a) Upon taking possession of a financial institution the Department shall hold trust and pooled assets separate from the assets of the financial institution itself. Trust and pooled assets shall not be available for distribution to depositors, other creditors or shareholders. (b) The Department as receiver shall have all rights, powers and duties of the financial institution in regard to trust and pooled assets including title to the assets and the right to administer them. 41A-903. Jurisdiction of Court. The principal court shall have exclusive jurisdiction over all matters concerning trust and pooled assets during the period that such assets are held by the Department as receiver. 41A-904. Substituted Fiduciary or Manager. (a) Upon determining to liquidate a financial institution or if it otherwise deems it advisable, the Department shall: (1) with leave of court, transfer all of the trust assets or all of the pooled assets or all of both types of assets to another financial institution which shall assume the responsibilities of the institution in receivership in regard to such assets and act as substituted trustee or manager; or (2) give written notice, insofar as the giving of such notice is practicable, to all parties interested in trust or pooled assets that they must within thirty days after the

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giving of notice apply for the appointment of a substituted trustee or manager to take over the trust or pooled assets. In the event that no such application is made with respect to particular trust assets or pooled assets the Department shall itself apply for appointment of a substituted trustee or manager. Upon application by an interested party or parties or by the Department, the court shall appoint as successor trustee or manager that person or corporation best able, in its judgment, to protect the interests of those interested in particular trust or pooled assets. The successor trustees or managers shall have all rights, powers and duties of the financial institution in regard to the trust or pooled assets committed to them except as these relationships may be modified by the court in accordance with law. (b) Nothing in this section or section 903 shall be construed to impair any right of the grantor or beneficiaries of trust or pooled assets under applicable instruments or otherwise to secure or provide for the appointment of a substituted trustee or manager. 41A-905. Transfers Without Accounting. In the event that the Department and a substituted trustee or manager agree as to the identity and amount of the trust or pooled assets to be paid to the substituted trustee or manager, and the substituted trustee or manager waives in writing the right to an accounting, then the Department may transfer the trust or pooled assets to the substituted trustee or manager and will thereupon (together with the financial institution) be discharged from all liability or responsibility in connection with the trust or pooled assets. 41A-906. Transfers With Accounting; Deficiencies. Except as authorized by the preceding section, the Department shall upon appointment of a substituted trustee or manager file a full account with the appropriate court setting forth its administration of the trust or pooled assets, and shall, upon the order of the court, transfer the trust or pooled assets to the substituted trustee or manager. Whenever the court shall determine that there is a deficiency in regard to the trust or pooled assets, or that the financial institution is liable for a subcharge in connection therewith, the amount

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thereof shall constitute a claim against the financial institution. Such claim shall be filed in the manner of other claims with the principal court within thirty days of a final adjudication with respect to the amount thereof. CHAPTER 41A-10. RESERVED. PART II. BANKS AND TRUST COMPANIES. CHAPTER 41A-11. GENERAL MATTERS. 41A-1101. Application. Any financial institution authorized by law to act both as a bank and a trust company shall enjoy and be subject to the powers and restrictions of a bank of its type in regard to its banking activities and in like manner shall enjoy and be subject to the powers and restrictions of a trust company in regard to its trust activity. With respect to general corporate matters not identified with either banking or trust functions it shall have the privileges and restrictions of a bank of its type. 41A-1102. Restrictions on Engaging in Banking Business. (a) No person or corporation may lawfully engage in this State in the business of banking or receiving money for deposit or transmission, or lawfully establish in this State a place of business for such purpose, except a bank, a national bank, a credit union to the extent provided in Part III of this Code, a licensee engaged in selling checks to the extent permitted by Part IV of this Code, an international banking agency to the extent provided in Part VII of this Code, or a building and loan association to the extent provided in Part VII of this Code, or a savings and loan association to the extent provided by the laws of the United States. (b) None of the following shall be deemed to be engaged in the business of receiving money for deposit or transmission within the meaning of subsection (a) of this Section: (1) a club or hotel to the extent it receives money from members or guests for temporary safekeeping; (2) an express, steamship or telegraph company to the extent it receives money for transmission;

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(3) an attorney-at-law, real estate agent, fiscal agent, insurance company, utility company, or any other person or corporation to the extent he or it receives and transmits money solely as an incident to a business or profession not governed by this Code. 41A-1103. Restriction on Corporate Fiduciaries. (a) No corporation existing under the laws of this State or national bank located in this State may lawfully act as a fiduciary except: (1) a trust company; (2) a national bank located in this State authorized to act as a fiduciary under the laws of the United States; or (3) any corporation acting in a limited fiduciary capacity incidental to the marketing or sale of securities on behalf of a religious, philanthropic or charitable organization, but only upon the approval of the Department and to the extent permitted by regulations issued by the Department. (b) Nothing in this Code shall be construed to repeal or to change the provisions of Code Chapter 108-7, dealing with foreign trustees, or Code Chapter 108-8, dealing with certain foreign corporations acting as fiduciaries, or any other statutes or rules of law on such subjects. 41A-1104. Restrictions on Banking and Trust Nomenclature. (a) Except as provided in subsection (c), no person or corporation except a bank, a national bank or a corporation lawfully owning the majority of the voting stock of a bank or national bank shall use the words `bank', `banker', `banking company', `banking house', or any other similar name indicating that the business done is that of a bank upon any sign at its place of business or elsewhere, or upon any of its letterheads, billheads, blank checks, blank notes, receipts, certificates, circulars, advertisements, or any other written or printed matter. (b) Except as provided in subsection (c), no person or corporation except a trust company or a national bank lawfully

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authorized to exercise trust powers, or a corporation lawfully owning the majority of the voting stock of any such trust company or national bank shall use the words `trust company' or any similar name indicating that the business done is that of a trust company upon any sign at its place of business or elsewhere, or upon any of its letterheads, billheads, blank checks, blank notes, receipts, certificates, circulars, advertisement or any other written or printed matter. (c) Nothing in this section shall be construed to: (1) prevent the use of the words `banks', `banker', `banking', or `banker's' or any similar word in a context clearly not purporting to refer to a general banking business; (2) prohibit advertisement in media distributed in or transmitted into this State by persons or corporations lawfully engaged in the banking or trust business outside of this State; or (3) prevent any person or corporation from continuing to use its name legally in use on April 1, 1975. 41A-1105. Requirements of Deposit Insurance; Notice. (a) Every bank shall obtain and maintain deposit insurance satisfactory to the Department except that: (1) banks in existence and accepting deposits on April 1, 1975, pursuant to the provisions of The Regulated Certificated Bank Act may continue to accept deposits pursuant to the provisions of such Act notwithstanding any repeal of such Act by the passage of this Code; and (2) banks which have had their deposit insurance coverage withdrawn or cancelled may, in the discretion of the Department, continue to accept deposits; but in either of the cases set forth above, within six months after April 1, 1975, in the case of banks except under subsection (a) (1) and within six months after withdrawal or cancellation of insurance in the case of banks excepted in

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subsection (a) (2), such banks shall obtain deposit insurance written by an insurance company authorized to transact business in this State (which insurance shall be satisfactory to the Department) or by the Federal Deposit Insurance Corporation. The Department may, in its discretion for cause shown, extend the time limitation in which deposit insurance must be obtained. (b) Deposit insurance required to be obtained in subsection (a) need not be in excess of amounts insured by the Federal Deposit Insurance Corporation at the time the insurance is obtained, but wherever the insurance coverage is, in the opinion of the Department, less than amounts insured by the Federal Deposit Insurance Corporation, the bank shall be required to post a sign in boldface print, in letters at least four inches high, at a conspicuous place near the entrance of such bank, which states `Deposits Not Insured' or `Deposits Insured Up To (insert amount of deposit insurance)'. Such wording shall also follow the name of the bank wherever it is written or printed and shall be posted in writing which is easily legible in letters at least one inch high at each window or desk receiving deposits. CHAPTER 41A-12. GENERAL POWERS OF BANKS AND TRUST COMPANIES. 41A-1201. General Corporate Powers. Subject to restrictions contained in this Code or in its articles, a bank or trust company shall have the power: (a) to have perpetual duration unless a limited period of duration is stated in its articles. Each bank or trust company existing on April 1, 1975, shall have perpetual duration unless its articles are amended under this Code to provide for a limited period of duration; (b) to sue and be sued, complain and defend in its corporate name; (c) to have a corporate seal which may be altered at pleasure and to use the same by causing it or a facsimile

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thereof to be impressed or affixed or in any manner reproduced; (d) to adopt, alter, and repeal bylaws pursuant to the procedures of section 41A-2202 containing provisions for the regulation and management of affairs of the institution not inconsistent with law or its articles; (e) to elect or appoint and remove officers and agents of the institution, and to define their duties and fix their compensation; (f) to make contracts; (g) to make, irrespective of corporate benefit, contributions and donations for the public welfare or for religious, charitable, scientific, educational, hospital, civic or similar purposes and in time of war or other national emergency in aid of the national effort with respect thereto; (h) at the request or direction of the United States Government or any public body thereof, to transact lawful business in time of war or national emergency in aid of the national efforts in connection therewith; (i) to procure, for its benefit, insurance on the life of any of its directors, officers or employees, or any other person, whose death might cause financial loss to the bank or trust company; or, pursuant to any contract lawfully obligating the bank or trust company as guarantor or surety, on the life of the principal obligor; and (j) to reimburse and indemnify litigation expenses of directors, officers, and employees pursuant to agreements with them or otherwise and to purchase and maintain liability insurance for their benefit to the same extent as a business corporation may do so pursuant to Code section 22-717, relating to indemnification of officers, directors, employees and agents. 41A-1202. Additional Operational Powers. Banks and trust companies shall, in addition, have the power:

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(a) to act as agent of the United States or any public body thereof for the sale or issue of bonds, notes, or other obligations of the United States, or those for which the full faith and credit of the United States is pledged, and to grant security interests in its assets for the faithful performance of its duties as agent; (b) to receive for safekeeping or to rent out receptacles or safe deposit boxes for the deposit of papers and other personal property; (c) to grant security interests in their assets for borrowings authorized by this Code and to dispose of their assets in the same manner as corporations generally; (d) to give bond in any proceeding in any court in which they are a party or upon any appeal in any such proceeding and to secure such bond; (e) to acquire and hold real property to the extent permitted by section 41A-1203; (f) to acquire and hold stocks and investment securities subject, in the case of banks, to the restrictions of sections 41A-1308 and 41A-1309, and, in the case of trust institutions, to the restrictions of section 41A-1403; (g) to acquire and hold personal property necessary in the exercise of powers conferred by this Code; (h) to acquire and hold any property in order to avoid loss on an evidence of indebtedness, agreement for the payment of money, or an investment security previously acquired lawfully and in good faith subject to the restrictions of section 41A-1204; (i) to hold property lawfully held on April 1, 1975, irrespective of any restriction or limitation in this Code, subject to the inclusion of any such property in any computation of limitation on the acquisition of property of like character under this Code; and

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(j) to exercise all incidental powers as shall be necessary to carry on the banking or trust business, as the case may be, when approved by the Commissioner of Banking and Finance. 41A-1203. Power to Hold Real Estate. A bank or trust company may solely or jointly with other persons or corporations acquire and hold such real property as it: (a) occupies or intends to occupy for the transaction of its business or partly so occupies and partly leases; (b) acquires for the purpose of providing parking facilities for the use of its customers, officers and employees; or (c) acquires with others for the purpose of providing data processing facilities for the institution or for the institution and others; subject to the limitation that the investment of the institution in all such real property, of all furniture, fixtures and equipment acquired in connection with any real property owned or leased by the institution, of all alterations of buildings on real property owned or leased by the institution, in all shares of corporations holding real estate in the categories described above, and in obligations of or for the benefit of such corporations or loans upon the security of the shares of such corporations shall not exceed sixty percent of the statutory capital base of the bank or trust company, or such larger amount as may be approved by the Department, and subject to the requirement that estimates of costs of any building on real property owned or leased by the bank or trust company shall be submitted to the Department for its approval prior to the erection thereof. 41A-1204. Property Held to Avoid Loss. A bank or trust company may acquire and hold property for the purpose of avoiding loss as specified in subsection (h) of section 41A-1202 subject to: (a) a determination by a majority vote of its directors at least once each year as to the advisability of retaining

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any such property, provided no such property may be held for more than five years without the prior written approval of the Department; and (b) disposition within a period of six months after the date of acquisition or such longer period as the Department may approve in writing of shares of its own stock so acquired and of shares of stock of any bank or trust company held after such acquisition. CHAPTER 41A-13. POWERS OF BANKS. 41A-1301. Major Banking Powers. Subject to restrictions contained in this Code or in its articles, a bank shall have the power: (a) to receive money or commercial paper for deposit, and provide by its rules or by agreement for the terms of withdrawal and interest thereon; (b) to act as an agent to collect checks, drafts and other items of commercial paper, and in exercising this power to become a member of a clearinghouse and grant security interests in its assets for its qualification therein; (c) to lend money and discount or purchase evidence of indebtedness and agreements for the payment of money, and to take security title or security interests in real or personal property to secure obligations owing thereunder; (d) to service loans made by it or by others whether or not held by the bank; (e) to issue, advise and confirm letters of credit authorizing the beneficiaries thereof to draw upon the bank or its correspondents; (f) to receive money for transmission; (g) to buy and sell exchange, coin and bullion; and (h) to provide third party payments services.

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41A-1302. Participation in Federal Programs. Any bank may: (a) become a member of the Federal Reserve System and conform to the rules and regulations of that system and the federal reserve bank of which it is a member; (b) become an insured bank pursuant to the Federal Deposit Insurance Corporation Act and take all action necessary to the maintenance of insured statutes thereunder; (c) apply for and obtain insurance on loans pursuant to national housing legislation. 41A-1303. Direct Leasing of Personal Property. Subject to such regulations as the Department may prescribe, a bank may become the owner and lessor of personal property acquired upon the specific request and for the use of a customer and may incur such additional obligations as may be incident to become an owner and lessor of such property. At the end of any leases, the bank shall, within six months, enter into a new lease with respect to the property or dispose of it. The leasing shall not constitute an indebtedness under section 41A-1306, but the aggregate value of the property at any time leased to any one person or corporation shall not exceed twenty percent of the statutory capital base of the bank. 41A-1304. Participations. (a) A bank may purchase and may sell participations in: (1) one or more evidences of indebtedness or agreements for the payment of money, subject to regulations by the Department; or (2) pools of evidences of indebtedness or agreements for the payment of money, subject to regulations by the Department. (b) The Department may prohibit the sale of any type of participation to the public or otherwise not in the usual

Page 792

course of banking business, except as permitted by other provisions of this Code. 41A-1305. Acceptances. (a) A bank may accept drafts upon it having not more than six months sight to run arising out of transactions involving: (1) the import or export of goods; (2) the domestic shipment of goods, if secured by documents of title covering such goods; or (3) the storage of readily marketable staples, it secured by documents of title covering such staples. (b) The aggregate amount of acceptances under subsection (a) of this section shall not at any time exceed: (1) for all such acceptances on behalf of one customer, ten percent of the statutory capital base of the bank, exclusive of any acceptance secured by documents of title or other security growing out of the same transaction as the acceptance; and (2) for all such acceptances: (i) fifty percent of the statutory capital base of the bank; (ii) with the prior approval of the Department, one hundred percent of the statutory capital base so long as acceptances growing out of domestic transactions do not exceed fifty percent of the statutory capital base. (c) In addition, a bank may, with the prior approval of the Department, accept drafts having not more than three months sight to run drawn upon it by banking institutions or bankers in foreign countries, or in dependencies or insular possessions of the United States, for the purpose of creating dollar exchange as required in an aggregate amount which shall not at any time exceed: (1) for all such acceptances on behalf of a single banking

Page 793

institution or banker, ten percent of the statutory capital base; (2) for all such acceptances, fifty percent of the statutory capital base, provided that the Department may, by regulation, impose additional restrictions on the acceptance of drafts under this subsection. 41A-1306. Limits on Obligations of One Person or Corporation. (a) A bank shall not at any time: (1) make loans to any one person or corporation, or (2) have obligations owing to it from any one person or corporation as a result of purchasing or discounting evidences of indebtedness or agreements for the payment of money, where the aggregate of said loans and obligations together exceeds ten percent of the statutory capital base of the bank unless each loan, discount or purchase transaction in excess of said ten percent limit is approved in advance by the board of directors or a committee authorized to act for it. (b) Except as provided in subsection (c), a bank shall not directly or indirectly make loans to any one person or corporation which in aggregate exceed ten percent of the statutory capital base of the bank unless the entire amount of such loans is secured by good collateral or other ample security, and does not exceed twenty percent of the statutory capital base. Except as otherwise indicated in subsection (c), the purchase or discount of agreements for the payment of money or evidences of indebtedness shall be regarded as indirect loans to the person or corporation receiving the proceeds of such transactions. In estimating loans to any individual person, all amounts loaned to firms and partnerships of which he is a member shall be included. (c) The limitations of subsection (b) shall not apply to: (1) obligations arising from the purchase or discount of drafts drawn in good faith against actually existing values

Page 794

or commercial or business paper actually owned by the person negotiating the paper to the extent of twenty percent of the statutory capital base of the bank; (2) obligations arising from the bona fide purchase of commercial or business paper without recourse against the transferor thereof or, subject to restrictions which the Department may impose by regulation, with recourse against a merchant who takes such paper in sale or service transactions incident to his business where the party to whom he provides the goods or services is obligated on the paper; (3) obligations in the form of bona fide loans upon the security of agricultural, manufactured or industrial products or livestock (or documents of title covering such property) for which there is a ready sale in open market, provided no more than eighty percent of the market value of such products is loaned or advanced thereon, the bank has the right to demand additional collateral to maintain this ratio, and does so maintain it, and the bank's interest in such collateral is fully protected by insurance against loss by fire and other standard hazards, and further provided that such obligations shall qualify for exemption for not more than ten months if secured by nonperishable staples and for not more than six months if secured by frozen or refrigerated staples; (4) obligations of and obligations guaranteed by: (i) the United States; (ii) the State of Georgia or a public body thereof authorized to levy taxes; or (iii) any state of the United States or any public body thereof if the obligations or guarantees are general obligations; (5) obligations to the extent secured by: (i) obligations specified in subparagraph (6) of this subsection;

Page 795

(ii) obligations which the bank would be authorized to acquire without limit as investment securities pursuant to Section 41A-1308; (iii) obligations fully guaranteed by the United States; (iv) guaranties or commitments or agreements to take over or purchase made by any public body of the United States or any corporation owned directly or indirectly by the United States; or (v) loan agreements between a local public agency or a public housing agency and an instrumentality of the United States pursuant to national housing legislation under which funds will be provided for payment of the obligations secured by such loan agreements; (6) obligations in the form of investment securities acquired pursuant to Section 41A-1308; (7) obligations with respect to acceptances under section 41A-1305; and (8) obligations with respect to the sale of federal or correspondent funds to qualified depositories. (d) 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. In addition, the Department may, by regulation or otherwise, specify that the liabilities of a group of one or more persons or corporations or both shall be considered as owed by one person or corporation for the purposes of this Section because the group relies substantially on a common source for the payment of its obligations, or makes common use of funds received by it. 41A-1307. Real Estate Loans. (a) Except as provided in subsection (b), a bank shall make a loan secured by improved or unimproved real estate (including a leasehold) only where such loan is:

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(1) secured by a mortgage, deed of trust, security deed or similar instrument providing a first lien or a first security title, or is otherwise secured in accordance with regulations prescribed by the Department; (2) for not more than sixty percent of the fair market value of the real estate in the case of single maturity loan, or for not more than ninety percent of the fair market value of the real estate in the case of loans that must be regularly amortized, provided, however, that these limitations shall not apply to: (i) any loan secured by real estate made to finance construction of an improvement or development, in which case the amount of the loan shall not exceed one hundred percent of the estimated completed value of the improvements; (ii) any loan which the Federal Housing Administrator insures or makes a commitment to insure; (iii) any loan which the Administrator of Veteran's Affairs guarantees or makes a commitment to guarantee; or (iv) any other type of loan or a portion thereof with respect to which the Department determines that banks may safely extend loans in excess of the foregoing limitations; (3) conforms with requirements as to duration, amortization, appraisal, insurance, and documentation, as may be prescribed by regulation of the Department. (b) The limitations of subsection (a) shall not apply to: (1) an investment security acquired pursuant to section 41A-1308; (2) a loan in connection with which the bank takes a real estate lien as security in the exercise of banking prudence but as to which it is relying for repayment on: (i) the general credit of the obligor or of an installment buyer or of a lessee of the real estate;

Page 797

(ii) collateral other than the real estate lien; (iii) a guaranty, or an agreement to take over or purchase the loan in the event of default, by a financially responsible person other than a person engaged in the business of guaranteeing real estate loans; or (iv) an agreement by a financially responsible person to take over or purchase the loan, or to provide funds for payment thereof, within a period of two years from the date of the loan and there is a certificate of reliance setting forth the applicable facts. (c) For the purpose of this Section, a `leasehold' shall mean the interest, which is security for a loan, of a lessee of real estate under a lease which on the date of the loan has an unexpired term extending at least ten years beyond the maturity of the loan, or contains a right of renewal, which may be exercised by the bank, extending at least ten years beyond the maturity of the loan. (d) The aggregate amount of all loans by a bank subject to the requirements of subsection (b) shall not at any time exceed the greater of: (1) the statutory capital base of the bank; or (2) the total time and savings deposits of the bank. 41A-1308. Investment Securities. A bank may purchase, sell, underwrite and hold investment securities which are obligations in the form of bonds, notes, or debentures to the extent and under such regulations as may be promulgated by the Department, provided that a bank may hold without limit such investment securities which are obligations of the United States, or obligations which are guaranteed fully as to principal and interest by the United States, or general obligations of any state. 41A-1309. Corporate Stock and Securities. (a) Except as provided in subsections (b) and (c) of this Section and in section 41A-1202, a bank may not engage in any transaction

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with respect to shares of stock or other capital securities of any corporation. (b) A bank may: (1) engage in transactions with respect to issuance and transfer of shares of its own stock and capital securities and in other transactions with respect to such stock and capital securities authorized by this Code; (2) purchase and sell shares of stock and capital securities upon the order of and for the account of a customer without recourse against it; (3) receive a pledge or other security interest in stock or capital securities in order to secure loans made in good faith except that it may not receive such interests in its own stock or capital securities, or lend in one or more transactions, involving one or more borrowers, more than thirty percent of its statutory capital base on the stock or capital securities of any corporation (including therein loans made directly to the corporation without ample security). The Department may, by regulation or otherwise, specify that two or more corporations are so interrelated that their stock shall be regarded as the stock of one corporation for the purposes of this subsection. (c) A bank may acquire and hold for its own account: (1) shares of stock of a federal reserve bank, without limitation of amount; (2) shares of stock of: (i) the Federal National Mortgage Association and a corporation authorized to be created pursuant to Title XI of the Housing and Urban Development Act of 1968; (ii) a business development corporation authorized under Part VI of this Code; (iii) an agricultural credit corporation duly organized

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under the laws of this State having authority to make loans to farmers of this State for agricultural purposes and to discount the same with the Intermediate Credit Bank of Columbia; (iv) a bank service corporation solely owned by one or more banks and created to provide check and deposit sorting and posting; computation and posting of interest and other credits and charges; preparation and mailing of checks, statements, notices and similar items, or any other clerical, clearing, bookkeeping, accounting, statistical or similar services for one or more banks; (v) a banking institution principally engaged in foreign or international banking, or banking in a dependency or insular possession of the United States, either directly or through the agency, ownership or control of local institutions in foreign countries or in such dependencies or insular possessions, including the stock of one or more corporations existing pursuant to Section 25(a) of the Federal Reserve Act provided that before a bank may purchase a majority interest in any such banking institution it shall enter into an agreement with the Department to restrict its operations in such manner as the Department may prescribe, and provided, further, that if the Department determines that said restrictions have not been complied with, it may order the disposition of said stock upon reasonable notice; (vi) a subsidiary corporation engaged in functions or activities that the bank is authorized to carry on, including conducting a safe deposit business, holding real estate that may be held by the bank, or exercising powers incidental to the banking business as provided in subsection (j) of section 41A-1202; and (vii) other corporations created pursuant to Act of Congress for the purpose of meeting the agricultural, housing, health, transit, educational, environmental or similar needs of the nation where the Department determines that investment therein by banks is in the public interest; provided, that the bank's investment in any such category

Page 800

of stock under this subsection (c) (2) shall not exceed ten percent of its statutory capital base, except that in the case of stock acquired under subsection (c) (2) (vi), such investment shall not exceed the lesser of ten percent of the total assets of the bank or one hundred percent of the statutory capital base of the bank; and provided, further, that no acquisitions may be made pursuant to subsection (c) (2) (iv) through (c) (2) (vii) without the prior approval of the Department; and (3) shares of stock of small business investment companies organized under Acts of Congress and doing business in this State, provided that the aggregate investment by the Bank in such shares shall not exceed five percent of its statutory capital base and that such bank shall not hold fifty percent or more on any class of stock or securities having actual or potential voting rights issued by any such investment company. 41A-1310. Security for Deposits. (a) A bank may pledge or otherwise grant security interests in its assets to secure deposits of: (1) public funds; (2) funds of a pension fund for employees of a public body of the State; (3) funds for which a public body 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 Department 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 which is also a trust company, funds held in a fiduciary capacity and deposited in its commercial department pursuant to Section 41A-1402 of this Code.

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(b) A bank may not pledge or otherwise grant security interests in its assets as security for deposits other than those covered by subsection (a) of this Section. 41A-1311. Powers as Surety or Guarantor. (a) Except as authorized in subsection (b) and in sections 41A-1201 (j) and 41A-1202 (d), a bank shall not lend its credit, bind itself as a surety to indemnify another, or otherwise become a guarantor. (b) A bank may act as a surety or guarantor if it has a substantial interest in the performance of the transaction involved or has a segregated deposit sufficient in amount to cover the institution's potential liability. (c) Nothing herein shall be construed to prohibit banks from: (1) giving warranties or guaranties in connection with the handling of items for collection, the transfer, exchange or collection of securities, or the sale or disposition of its assets; (2) issuing letters of credit, provided that the Department shall by regulation establish criteria distinguishing letters of credit and guaranties. 41A-1312. Borrowings. (a) Subject to the restrictions of subsection (b), a bank may borrow money and issue notes, debentures or other obligations to evidence such 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 of a nonmember bank; (3) liabilities on account of agreements to repurchase

Page 802

securities sold by the bank (commonly known as `repurchase agreements'); and (4) liabilities in the form of subordinated securities under section 41A-1910; (5) liabilities which do not constitute or result from the borrowing of money under definitions prescribed by regulation of the Department, shall not at any time exceed the aggregate of the amount of twice its unimpaired capital stock plus the amount of its unimpaired paid-in capital, appropriated retained earnings and retained earnings provided that the Department may in the case of an individual bank permit borrowings without regard to the restrictions of this Section for emergency purposes, and 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. 41A-1313. Interest and Fees. Any bank may take, receive, reserve and charge interest and fees on any loan, advance of money or forbearance to enforce the collection of money at rates not exceeding the limits set by the laws of this State. Whenever such laws authorize a special interest or fee rate with respect to a designated type of loan, then a bank may charge that special interest or fee on loans of that type made by it. Whenever such laws authorize a person or a corporation other than a bank to charge a special interest or fee rate with respect to a designated type of loan, then a bank may charge such rate or fee on loans made by it which would qualify as the designated type of loan if made by the person or corporation so authorized without any requirement for the bank to obtain any license, qualification or permit. 41A-1314. Savings Bank Powers and Exemptions. (a) A bank desiring to be accorded treatment under this Code as a savings bank shall state in its articles that it does not have the power to hold deposits subject to check, provided that banks in existence on April 1, 1975, which did not then

Page 803

hold deposits subject to check shall be deemed to qualify as a savings bank without amendment of their articles so long as they do not hold deposits subject to check after April 1, 1975. (b) A savings bank may apply to the Department for permission to relinquish its status as a savings bank and become a commercial bank. The Department may exercise its discretion in determining whether to approve such a change and shall consider in connection therewith the criteria enumerated in Section 41A-1805. (c) Savings banks shall be exempt from restrictions imposed by the following Sections of this Code: (1) Section 41A-1202(g) pertaining to ownership of personal property; (2) Section 41A-1203 pertaining to ownership of real estate; (3) Section 41A-1303 pertaining to direct leasing of personal property; (4) Section 41A-1307 pertaining to real estate loans; (5) Section 41A-1308 pertaining to investment securities; (6) Section 41A-1309 pertaining to corporate stock and securities. CHAPTER 41A-14. POWERS OF TRUST COMPANIES 41A-1401. Powers to Act as Fiduciary and in Other Representative Capacities. (a) A trust company may act, alone or with others, as: (1) fiduciary; (2) investment advisor; (3) custodian of property;

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(4) agent or attorney-in-fact; (5) registrar or transfer agent of securities; (6) fiscal agent of the United States, a state, or a public body thereof, a corporation or a person; and (7) treasurer of a public body or of a nonprofit corporation. (b) A trust company shall have, in respect to any capacity in which it may act pursuant to a power under subsection (a) of this Section, all the rights and duties which a person has in such capacity under applicable laws and under the terms upon which the trust company is designated to act in such capacity. 41A-1402. Operations as a Fiduciary. A trust company in its capacity as fiduciary shall: (a) segregate all property (other than items in the course of collection) held as a fiduciary from its non-fiduciary assets and keep separate records of all such fiduciary property for each account for which such property is held; (b) hold property held as fiduciary in a form complying with applicable law; (c) keep fiduciary funds awaiting investment or distribution in deposits in an authorized financial institution (including, in the case of a trust company which is also a bank, its own commercial department) which are insured or, to the extent of any deficiencies in insurance coverage, fully secured by a pledge or assignment of bonds or obligations of the United States, this State or public body of either or other obligations guaranteed as to principal and interest by the United States or this State or public body of either, or real estate loans secured by a first lien or security title to improved realty and insured pursuant to any title of the National Housing Act. The beneficial owners of such uninvested funds shall have a first and prior lien on such security;

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(d) not be required to execute a bond or give any security required by the law of fiduciaries, but may give its own bond and pledge or otherwise grant security interests in its assets as security for the faithful performance of its duties as fiduciary or as surety for such faithful performance by any co-fiduciary where such is requested or otherwise required; and (e) provide any oath or affirmation or any affidavit required of the trust company through an officer thereof acting on behalf of the trust company. 41A-1403. Non-fiduciary Investments. A trust company which is not a bank may, apart from its fiduciary activities, invest in stock and investment securities except that it may not acquire or hold its own stock otherwise than pursuant to subsections (h) and (i) of section 41A-1202. 41A-1404. Collective Investment Funds. (a) A trust company may establish and maintain collective investment funds for the investment or reinvestment of property which: (1) is contributed by the trust company in a capacity in which it is authorized to act pursuant to section 41A-1401; and (2) is eligible for contribution to a collective investment fund under provisions of this Section. As used in this Section the term `collective investment fund' shall include a common trust fund and any other type of collective investment fund. (b) Property shall be eligible for contribution whenever the instrument, judgment, decree or order under which the trust company holds the property does not prohibit investment in the type of collective investment fund involved, provided that if the trust company holds the property under circumstances limiting it to investing the property in legal investment for fiduciaries, then it may invest the property only in a collective investment fund limited to assets authorized as legal investments for a fiduciary.

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(c) The Department shall regulate the establishment, operation, and maintenance of collective investment funds. Such regulations of the Department shall comply with the general standards for exercise of the regulatory power of the Department under this Code and, in addition, shall be designed to assure: (1) ratably equal treatment of the participants in a fund by imposing minimum requirements for the method and frequency of valuation of participations in the fund, for the time and method of admission or withdrawals of participations in the fund and for the determination of interests of participants in the assets and income of the fund; and (2) the competitive equality between trust companies and national banks exercising fiduciary powers with respect to the authority to establish and maintain collective investment funds to the extent compatible with the general purposes of this Code. (d) No mistake made in good faith and in the exercise of due care in connection with the administration of a collective investment fund shall be deemed a violation of this Section or of any other duty of the trust company if, promptly after discovery of the mistake, the trust company takes whatever action may be practicable in the circumstances to remedy the mistake. (e) Any other trust company or national bank with trust powers which is a member of an affiliated group (as defined in Section 1504 of the Internal Revenue Code of 1954) with a trust company maintaining collective investment funds may participate in one or more such funds as though they were maintained by the participating trust company. Such participation may be made pursuant to agreement providing for reasonable compensation for the trust company maintaining the fund or funds. (f) A trust company may, in any capacity in which it may act under section 41A-1401, invest property collectively in accordance with the specific terms upon which it receives such property, without regard to the restrictions of this Section.

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CHAPTER 41A-15. FIDUCIARY INVESTMENT COMPANY ACT. 41A-1501. Definitions. As used in this Chapter, the following terms shall be construed to have the meanings set forth by this Section, unless a contrary meaning clearly appears from the context: (a) the term `investment adviser' of a fiduciary investment company means: (1) any trust institution which, pursuant to contract with a fiduciary investment company possessing the qualifications provided by this chapter, regularly furnishes advice to such investment company with respect to the desirability of investing in, purchasing or selling securities or other property or is empowered to determine what securities or other property shall be purchased or sold by such investment company; and (2) any person or corporation other than a trust institution, who, pursuant to contract with such trust institution, regularly performs substantially all of such duties undertaken by such trust institution. (b) The term `fiduciary investment company' means a corporation which is an investment company as defined by the Act of Congress entitled `Investment Company Act of 1940' and is incorporated in accordance with Chapters 22-1 through 22-20 of the Georgia Business Corporation Code so as to constitute a medium for the investment of funds held by trust institutions and foreign trust institutions in a fiduciary capacity, either alone or with one or more cofiduciaries. (c) The term `foreign trust institution' means any State banking institution or trust company organized under the laws of any state other than Georgia or any national banking association incorporated under the laws of the United States and having its principal office in some state other than Georgia which has trust powers and is authorized to act in a

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fiduciary capacity under the laws under which it was incorporated. (d) The term `trust institution' means any trust company or any national bank with its principal office located in this State authorized to act as a fiduciary. 41A-1502. Organization; Approval by Department. Any one or more trust institutions may cause a fiduciary investment company or companies to be organized and incorporated, but no trust institution or foreign trust institution may own an interest in more than seven fiduciary investment companies. A fiduciary investment company shall not begin business except to select an investment adviser, until it is approved by the Department. 41A-1503. Incorporation. Any such fiduciary investment company shall be incorporated under and subject to the provisions of the Georgia Business Corporation Code. The incorporators shall be persons who are officers or directors of the trust institution or institutions causing such fiduciary investment company to be incorporated, and the articles of incorporation shall set forth the name of each trust institution participating in such incorporation and the amount of stock originally subscribed for by each, together with such other facts as are required by the Georgia Business Corporation Code. 41a-1504. Limitations on Investments. Trust institutions and foreign trust institutions, as defined by this Chapter, acting in a fiduciary capacity and for fiduciary purposes, may, if exercising due care as a prudent investor, and with the consent of any co-fiduciary, invest and reinvest funds held in such fiduciary capacity in the shares of stock of one or more fiduciary investment companies, except where the will, trust indenture or other instrument under which such trust institution or foreign trust institution acts, prohibits such investment; provided the fiduciary investment company shall by its articles of incorporation issued and granted in conformity with the Georgia Business Corporation Code have and possess the corporate powers required by this Chapter and be subject to the limitation set forth by this

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Chapter; provided, further, 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 Department 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 twenty-five percent of the voting securities of such fiduciary investment company which would then be outstanding. 41A-1505. Corporate Powers; Limitations and Restrictions. Every fiduciary investment company in which a trust institution or foreign trust institution is authorized by this Chapter to own and hold corporate stock or shares, in order to qualify for such investments, shall have such corporate powers as may be granted by the Georgia Business Corporation Code by virtue of its incorporation under that law and shall, in addition, have the following corporate powers under its articles of incorporation and, by its articles of incorporation or its bylaws, be subject to the limitations and restrictions hereinafter set forth, to-wit: (a) The stock of any such fiduciary investment company shall be owned and held only by trust institutions and foreign trust institutions acting as fiduciaries or co-fiduciaries but may be registered in the name of the nominee or nominees of any such trust institution or foreign trust institution. Such stock shall not be subject to transfer or assignment except to the trust institution or foreign trust institution on whose behalf the stock is held by any such nominee or nominees, or to a fiduciary or co-fiduciary which becomes successor to the shareholder and which is also a trust institution

Page 810

or foreign trust institution qualified to hold such stock. (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 of 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. (c) In acquiring, investing, reinvesting, exchanging, selling and managing its assets, every fiduciary investment company shall exercise the judgment and care under the circumstances then existing which men of prudence, discretion and intelligence exercise in the management of their own affairs, not in regard to speculation but in regard to the permanent disposition of their funds, considering the probable income as well as the safety of their capital. Within the foregoing limitations, a fiduciary investment company may acquire and retain every kind of investment, specifically including (but not by way of limitation) bonds, debentures and other corporate obligations, corporate stocks, preferred or common, which men of prudence, discretion and intelligence acquire or retain for their own account, provided a fiduciary investment company shall not at any time: (1) invest in real estate, commodities or commodity contracts; (2) participate on a joint or joint and several basis in any securities trading account; (3) invest in companies for the purpose of exercising control or management; (4) make loans to any person or persons, except that the purchase of a portion of an issue of debt securities, convertible debt securities, debt securities with warrants, rights or options attached or other similar securities when originally

Page 811

issued or thereafter, of a character commonly distributed publicly shall not be considered the making of a loan; (5) purchase or retain the securities of any issuer if immediately after such acquisition and as a result thereof the following requirements would not be met: at least seventy-five percent of the total assets in the fiduciary investment company taken at market value are represented by cash and cash items, securities issued or guaranteed by the United States or an instrumentality thereof and other securities which, as to any one issuer, do not represent more than ten percent of the value of the total assets of the fiduciary investment company; (6) purchase or otherwise acquire the securities of any other investment company as that term is defined in the Act of Congress entitled `Investment Company Act of 1940'; (7) act as underwriter of the securities of other issuers; (8) borrow money; or (9) engage in margin transactions or short sales, or write, put or call options for the purchase or sale of securities. (d) A fiduciary investment company may acquire, purchase or redeem its own stock and shall, by means of contract or by its bylaws, bind itself to acquire, purchase or redeem its own stock, but it shall not vote shares of its own stock theretofore redeemed. (e) A fiduciary investment company shall not be responsible for ascertaining the investment powers of any fiduciary who may purchase its stock and shall not be liable for accepting funds from a fiduciary in violation of restrictions of the will, trust indenture or other instrument under which such fiduciary is acting in absence of actual knowledge of such violation, and shall be accountable only to the Department and the fiduciaries who are the owners of its stock. (f) Every fiduciary investment company subject to the supervision and regulation of the Comptroller of the Currency

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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 Department. 41A-1506. Rules and Regulations; Examinations. Without limitation on the authority conferred by Part I of this Code, the Department 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 Department shall not examine fiduciary investment companies subject to regular examination by the Comptroller of the Currency of the United States or the Board of Governors of the Federal Reserve System, but shall otherwise have full power to examine fuduciary investment companies and enforce laws concerning them as though they were financial institutions. 41A-1507. Advertisement of Participation; Financial Reports. Except as may be specifically authorized by rule or regulation of the Department, no trust institution or foreign trust institution holding stock in a fiduciary investment company may advertise or publicize its participation in such fiduciary investment company; provided that any trust institution or foreign trust institution holding stock in a fiduciary investment company shall furnish the annual or periodic financial reports of such fiduciary investment company, on request, to any person having a beneficial interest therein, and the fact of the availability of such material may be given publicity in connection with the promotion of the fiduciary services of such trust institution or foreign trust institution. 41A-1508. Investment Advisers. No person shall serve or act as investment adviser of a fiduciary investment company except pursuant to a written contract, which contract has been approved by the vote of a majority of the outstanding voting securities of such fiduciary investment company and (a) precisely describes all compensation to be paid thereunder;

Page 813

(b) shall continue in effect for a period more than two years from the date of its execution, only so long as such continuance is specifically approved at least annually by the board of directors or by vote of a majority of the outstanding voting securities of such company; (c) provides, in substance, that it may be terminated at any time, without the payment of any penalty, by the board of directors of such company or by vote of a majority of the outstanding voting securities of such company on not more than sixty days' written notice to the investment adviser; and (d) provides, in substance, for its automatic termination in the event of its assignment by the investment adviser. 41A-1509. Prohibition on Refusing Participation. No fiduciary investment company shall refuse participation to any trust institution or foreign trust institution as defined in this Chapter, which is otherwise qualified to engage in a fiduciary investment program. CHAPTER 41A-16. DEPOSITS, SAFE DEPOSIT AGREEMENTS AND MONEY RECEIVED FOR TRANSMISSION. 41A-1601. Rules Governing Deposits. A bank which has adopted rules governing deposits or withdrawal of deposits shall give notice of the rules and all changes therein to each customer whose deposits are affected by such rules, either by delivery of a copy to such customer or by posting them in a conspicuous area in the main office and all branch offices of the bank. If such rules are stated on a signature card or other contract signed by the customer, the bank shall be deemed to have given notice of the rules for purposes of this provision even if such signature card or contract is returned to the bank. 41A-1602. Minors' Deposits and Safe Deposit Agreements. (a) A bank may receive deposits from: (1) a minor;

Page 814

(2) a minor jointly with one or more adults or other minors, with the same effect as a joint deposit under section 41A-1603; or (3) a minor as trustee, or a minor and one or more adults or other minors as trustees with a designated beneficiary, said deposit to have the same effect as a deposit in trust under section 41A-1604. (b) A bank or trust company may rent a safe deposit box or other receptacle for safe deposit of property to, and receive property for safe deposit from, a minor, individually or jointly with one or more adults or other minors. (c) A bank or trust company may deal with a minor with respect to a deposit account or safe deposit agreement covered by subsections (a) or (b) of this section without the consent of a parent or guardian and with the same effect as though the minor were an adult. A parent or guardian shall not have any right in that capacity to interfere with any such transaction. Any action of the minor with respect to such deposit account or safe deposit agreement shall be binding on the minor with the same effect as though the minor were an adult. 41A-1603. Joint Deposits. When a deposit has been made or hereafter shall be made in a bank in the names of two persons, payable to either, or to either or the survivor, such deposit or any part thereof, and interest or dividend thereon may be paid to either of said persons or to their order, and the receipt or order of the party so paid shall be a valid and sufficient release to discharge the bank from liability for payment. The foregoing right to pay either party shall not be terminated by the death or incompetency of the other party. 41A-1604. Tentative Trusts. A bank may receive deposits in an account in the name of one person as trustee for another without any further notice of the existence or the terms of the trust and may, in the event of the death of the trustee, pay the balance of the account or any part thereof and interest or dividend thereon to the beneficiary.

Page 815

41A-1605. Deposit by Agent, Trustee, or Other Fiduciary. (a) Whenever any agent, administrator, executor, guardian, trustee, either express or implied, or other fiduciary whether bona fide or mala fide shall deposit any money in any bank to his credit as an individual, or as such agent, trustee, or other fiduciary, whether the name of the person or corporation for whom he is acting or purporting to act be given or not, such bank shall be authorized to pay the amount of such deposit or any part thereof, upon the order of such agent, administrator, executor, guardian, trustee, or other fiduciary, signed with the name in which such deposit was entered, without being accountable in any way to the principal, cestui que trust, or other person or corporation who may be entitled to or interested in the amount so deposited. (b) Nothing herein contained shall prevent the person or corporation claiming the beneficial interest in or to any deposit in any bank from resorting to the courts to claim such deposit, provided such action is brought and served before such deposit is paid out, and in accordance with the requirements of the next Section of this Code. 41A-1606. Adverse Claims to Deposits and Property Held in Safe Deposit. (a) Except as provided in subsections (b) and (c), a bank or trust company shall not be required to deny control over or access to a deposit account or property held in safe deposit (whether by the bank or trust company or in a safe deposit box or other receptacle leased to a customer) to: (1) the customer in whose name in the account or property is held by the bank or trust company (including one of two depositors or lessees entitled to such control or access by virtue of their contract with the bank or trust company); (2) a person or group of persons who are authorized to draw on or control the account or property pursuant to a certified corporate resolution or other written arrangement with the customer currently on file with the bank or trust company. (b) A bank shall be entitled to act and rely upon:

Page 816

(1) a court order, distraint, levy or other effective legal process; (2) an agreement of the parties concerning an adverse claim; (3) a claim of the type described in subsection (a) accompanied by a bond or other indemnity adequate to protect the bank or trust company from loss as a consequence of recognizing an adverse claim. (c) Nothing in this Section shall impair the effect of a discharge which a bank or trust company would be entitled to under Code section 109A-3-603. 41A-1607. Money Received for Transmission. (a) A bank or trust company which receives money for transmission shall give the customer a receipt setting forth: (1) the date of receipt of the money; (2) the amount of the money in dollars and cents; and (3) if the money is to be transmitted to a foreign country in the currency of such country, the amount of the money in such currency. (b) In an action by a customer against a bank or trust company for recovery of money delivered for transmission, the burden of proof of delivery of the money in accordance with the instructions of the customer shall be on the bank or trust company, but an affidavit by an agent or correspondent of the bank or trust company that the money was delivered in accordance with the customer's instructions shall be prima facie evidence of the delivery of the money in accordance with the customer's instructions. 41A-1608. Agreements Concerning Safe Deposit. A bank or trust company may receive property for safe deposit and rent out receptacles and safe deposit boxes on the terms and conditions prescribed by it, but such terms and conditions shall not bind any customer to whom the bank or trust

Page 817

company does not give notice thereof either by delivery of a copy or by posting in its offices where such receptacles or safe deposit boxes are located, or who does not otherwise agree to such terms and conditions. 41A-1609. Procedures on Death of Safe Depositor. (a) Any financial institution contracting with a person for the use of a safe deposit box or receiving property from a person for safekeeping, upon presentation of satisfactory proof of the death or legal incompetence of such person, shall permit any person named in an order granted by the court of ordinary having jurisdiction of such person's estate to open and examine the contents of any safe deposit box leased by the decedent or legally incompetent person or to examine the property left by such person for safekeeping in the presence of an officer of the financial institution. The financial institution, if so requested by such person, shall deliver: (1) any writing purporting to be a will of the decedent to the court of ordinary having jurisdiction of the decedent's estate; (2) any writing purporting to be a deed to a burial plot or to give burial instructions to the person named in such order; (3) any document purporting to be an insurance policy on the life of the decedent to the beneficiary named therein; but no other contents shall be removed pursuant to this Section. (b) The financial institution shall permit the person named in such order to inventory the contents of any safe deposit box leased or rented to the decedent or legally incompetent person or the property left by such person for safekeeping within five banking days after the order of the court is presented to the financial institution. The inventory shall be conducted in the presence of an officer or employee of the financial institution by the person named in such order. The inventory shall be signed by such persons, and a copy thereof shall be retained by the financial institution and may be filed with the court of ordinary.

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(c) The order of the court of ordinary shall operate as a complete acquittance and discharge to the financial institution from all liability with respect to any action, suit, claim or demand of whatever nature asserted by any heir, legatee, distributee, creditor, administrator, executor, guardian, trustee or other fiduciary or by any other person whomsoever. (d) Upon presentation of a certified copy of his letters of authority, the financial institution shall grant the personal representative access to any safe deposit box or property in safekeeping in the sole name of a decedent or legally incompetent person to permit him to remove from such box or place of safekeeping any part or all of the property therein without liability. 41A-1610. Payment of Deposit of Deceased Depositor. (a) Whenever any person dies intestate having a deposit of not more than $2,500.00 in a bank, such bank shall be authorized to pay the proceeds of such deposit directly to the following persons: (1) to the surviving spouse; (2) if no surviving spouse, to the children pro rata; (3) if no children, to the father and mother pro rata; (4) if no children or parents, then to the brothers and sisters of the decedent pro rata. (b) The payment to the surviving spouse or certain other family members shall operate as a complete acquittal and discharge to the bank of liability from any suit, claim or demand of whatever nature by any heir, distributee, creditor of the decedent or any other person. Such payment is hereby authorized to be made as provided herein, without the necessity of administration of the estate of the decedent or without the necessity of obtaining an order that no administration is necessary. (c) In any case in which a deceased depositor has more

Page 819

than $2,500.00 on deposit in a bank, such bank shall be authorized to pay any amount up to $2,500.00 to any of the persons authorized by this section to receive said deposit. The payment shall only act as a full and final acquittance of liability up to the amount paid by the bank and shall not act as a full and final acquittance to the bank of all liability. 41A-1611. Dormant Accounts. A bank may, in accordance with and subject to the limitation of such regulations as the Department may prescribe, from time to time charge a dormant account a reasonable service charge. CHAPTER 41A-17. BANKING DEPOSITORIES. RESERVES AND REMISSIONS. 41A-1701. Deposits by Banks. (a) Subject to the restrictions of subsections (b) and (c) of this Section and of section 41A-1702 in regard to reserve funds, a bank may deposit its funds in any depository which is: (1) selected by, or in manner authorized by, its directors; (2) authorized by law to receive deposits; and (3) in the case of a depository located in the United States, has deposit insurance issued by or equivalent to deposit insurance provided by a federal public body to depositories of the type involved. (b) If a director of the bank has a relationship to a depository as either: (1) an officer or director, or (2) an owner of five percent or more of the shares of the depository, the depository shall be approved by a majority of the directors other than the director who has such relationship. (c) A bank shall not have on deposit in a single depository at any time an amount which is in excess of ten percent of

Page 820

the statutory capital base of the depositing bank without first obtaining the approval of the depository for that purpose by the Department. 41A-1702. Legal Reserve Requirements; Notice; Penalty. (a) For the purposes of the reserve requirement imposed by subsection (b) and the composition of the required reserve fund under subsection (d), the terms: (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) `reserve agent' shall mean a depository of a bank selected as provided in section 41A-1701 and approved by the Department for the deposit of funds included in the required reserve fund. (b) 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: (1) in the case of a savings bank, five percent of total deposits, and (2) in the case of a commercial 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 such biweekly or shorter periods as shall be fixed by regulation of the Department. (c) 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. (d) In the case of a commercial bank, such portion of the reserve fund against deposits as shall be fixed by regulation

Page 821

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 fund shall be kept in obligations of: (1) the United States, the Federal National Mortgage Association, a federal land bank, a federal home loan bank, a bank for cooperatives, a federal intermediate credit bank, or the State of Georgia; or (2) other issuers whose obligations are marketable and approved by regulation of the Department for the purpose of this section. (e) In the case of a savings bank, the reserve fund shall consist of: (1) 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 banks; and (2) securities permitted under subsection (d) of this Section. (f) 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 or subject to set-off. The value of all securities which constitute a part of a bank's reserve fund shall be computed at the current market value thereof. (g) A bank shall give written notice to the Department, in the manner prescribed by the Department for such notice, of any deficiency in the amount or form of the reserve fund required by this Section within three business days after the close of any scheduled averaging period during which such deficiency occurs. A bank shall pay to the Department a penalty of $50.00 for each day after the time fixed for the giving of notice in which it fails to give such notice; provided that the Department may relieve a bank of this penalty for good cause shown.

Page 822

(h) 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 the closing of the averaging period in which the deficiency occurs may have its business and assets taken over by the Department as provided in Chapter 41A-7 of this Code. 41A-1703. Remission at Par. A commercial bank shall pay all checks drawn on it at par and shall make no charge for the payment of such checks; however, it 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. CHAPTER 41A-18. INCORPORATION OF BANKS AND TRUST COMPANIES. 41A-1801. Incorporators. One or more natural persons eighteen years of age or over may act as incorporators of a bank or trust company. 41A-1802. Prohibition of Promoters' Fees. (a) A bank or trust company shall not pay any fee, compensation or commission for promotion in connection with its organization or apply any money received on account of shares or subscriptions, selling shares or other services in connection with its organization, except legal fees and other usual and ordinary expenses necessary for its organization. (b) A majority of incorporators shall file with the Department at the time of filing of the articles an affidavit: (1) setting forth all expenses incurred or to be incurred in connection with the organization of the bank or trust company, subscription for its shares and sale of its shares; and

Page 823

(2) stating that no fee, compensation or commission prohibited by subsection (a) of this Section has been paid or incurred. (c) In the event of a violation of this Section the Department may disapprove the articles on account of such violation. 41A-1803. Articles of Incorporation; Advertisement. (a) The articles of incorporation shall be signed by each of the incorporators and shall set forth in the English language: (1) the name of the bank or trust company; (2) the county in which it will be located; (3) the location where its initial registered office will be located; (4) a brief statement of the purpose or purposes for which it is incorporated, that it is incorporated under the provisions of this Code, and whether it shall be solely a bank, solely a trust company or both a bank and trust company; (5) the term for which it is to exist, which shall be perpetual unless otherwise limited; (6) the aggregate number of shares which the bank or trust company shall have authority to issue, and (i) if the shares are to consist of one class only, the par value of each of the shares, or (ii) if the shares are to be divided into classes, the number of shares of each class, the par value of each share of each class, a description of each class and a statement of the preferences, redemption provisions, qualifications, limitations, restrictions and the special or relative rights granted to or imposed upon the shares of each class; (7) the name, place or residence and post office address of each incorporator;

Page 824

(8) the name, occupation, citizenship, place of residence and post office address of each of the first directors, which number shall not be less than five; and (9) any provision not inconsistent with law which the incorporators may choose to insert for the regulation of the internal affairs and business of the bank or trust company. (b) It shall not be necessary to set forth in the articles any of the corporate or operational powers set forth in this Code. (c) The incorporators shall file with the Office of the Secretary of State, in triplicate, the articles, together with the fee required by section 41A-3703. Such filing shall constitute an application for a certificate of incorporation. Immediately upon the filing of the articles, the Secretary of State shall transmit one copy thereof to the Department and shall certify one copy thereof and return it to the applicants, who shall, in conformity with section 41A-108, cause to be published a copy of the articles or, in lieu thereof, a statement in substantially the following form: An application for a certificate of incorporation of a (bank, trust company or bank and trust company) to be known as the..... and to be located in..... County, Georgia has been made to the Secretary of State of Georgia by (names and addresses of incorporators) in accordance with the applicable provision of the Georgia Financial Institutions Code. A copy of the articles of incorporation of said proposed (bank, trust company or bank and trust company) has been filed with the Secretary of State of Georgia, and the application has been referred to the Department of Banking and Finance for investigation. The following persons have been proposed as the initial directors (names and addresses of proposed directors). 41A-1804. Filings with Department; Fees. The incorporators shall also file with the Department: (a) information desired by the Department in order to

Page 825

evaluate the proposed institution which shall be made available in the form specified by the Department; (b) the affidavit required by section 41A-1802; (c) a certificate of the Secretary of State showing that the proposed name of the bank or trust company has been reserved pursuant to section 41A-602; and (d) applicable fees established by regulation of the Department to defray the expense of the investigation required by section 41A-1805. 41A-1805. Investigation; Approval by Department. (a) Upon receipt of the articles from the Secretary of State and the filings and fees from the incorporators as required by the preceding section, the Department shall conduct such investigation as it may deem necessary to ascertain whether it should approve the proposed bank or trust company. The Department shall approve the bank or trust company if and only if it determines in its discretion that: (1) the articles and supporting items satisfy the requirements of this Code; (2) the convenience and needs of the public will be served by the proposed bank or trust company; (3) there is a reasonable promise of adequate support for the bank or trust company in the light of: (i) the competition offered by existing banks and trust companies and other financial institutions; (ii) the previous financial history of the community as to banks, trust companies and other financial institutions; (iii) as to banks, the opportunities for profitable employment of bank funds as indicated by the average demand for credit, the number of potential depositors, the volume of bank transactions, and the businesses and industries of the

Page 826

community with particular regard to their stability, diversification and size; (iv) as to trust companies, the opportunities for profitable employment of fiduciary or other representative services; (4) the character and fitness of the incorporators, of the directors and of the proposed officers are such as to command the confidence of the community and to warrant the belief that the business of the proposed bank or trust company will be honestly and efficiently conducted; (5) there has not been any material violation of section 41A-1802, so that approving the articles would, in the opinion of the Department, impair the policy manifested by that provision; (6) the capital structure of the proposed bank or trust company is adequate in relation to the amount and character of the anticipated business of the bank or trust company and the safety of prospective depositors; and (7) in the case of trust companies, the proposed company will have sufficient personnel with adequate knowledge and experience to administer fiduciary accounts. (b) Within ninety days after receipt of the articles from the Secretary of State and the filings and fees from the incorporators as required by section 41A-1804, the Department shall approve or disapprove the proposed bank or trust company. In giving approval, the Department may impose conditions to be satisfied prior to the issuance of a permit to do business under section 41A-1807. If the Department, in its discretion, shall approve the proposed bank or trust company with or without conditions, it shall deliver its written approval of the articles to the Secretary of State and notify the incorporators of its action; provided, that if the approval of a federal public body is also required with respect to the bank or trust company, then the Department may, at its option, withhold its written approval from the Secretary of State until such approval is given, and may,

Page 827

at its option, withdraw its approval if the federal public body refuses to grant its approval to the bank or trust company. If the Department, in its discretion, shall disapprove the proposed bank or trust company, it shall give written notice to the Secretary of State and notify the incorporators of its disapproval and state generally the unfavorable factors influencing its decision. The decision of the Department shall be conclusive, except that it may be subject to judicial review as provided in section 41A-401. 41A-1806. Issuance of Certificate of Incorporation. If the Secretary of State shall receive, with respect to the proposed bank or trust company: (a) the written approval of the Department; (b) an affidavit executed by the duly authorized agent or publisher of the newspaper in which publication of the articles or a summary statement relating thereto is required by sections 41A-108 and 41A-1803 stating that the articles or the summary statement have been published as required by those Sections; (c) all fees and charges required by law and if, in addition, the name of the proposed bank or trust company continues to be reserved or is available, the Secretary of State shall immediately issue to the incorporators a certificate of incorporation. The Secretary of State shall retain on file in his office a copy of the certificate, the articles, the Department's approval and the publisher's certificate. 41A-1807. Effect of Certificate of Incorporation; Permit to Begin Business. (a) As of the issuance of the certificate of incorporation by the Secretary of State, the corporate existence of the bank or trust company shall begin and those persons who subscribed for shares prior to filing of the articles, or their assignees, shall be shareholders in the bank or trust company. (b) The certificate of incorporation shall be conclusive evidence of the fact that the bank or trust company has been incorporated, but proceedings may be instituted by the State

Page 828

to dissolve, wind up and terminate a bank or trust company in accordance with section 41A-403 and other applicable provisions of this Code. (c) Until receipt of a permit to begin business issued by the Department, a bank or trust company shall not transact any business except such business as is incident to its organization or to the obtaining of subscriptions and payment for its shares and other securities. (d) The Department shall issue to a bank or trust company a permit to begin business when: (1) capital stock of the bank or trust company shall have been fully paid in, in cash, and in no event in an amount less than the minimum capital stock for banks or trust companies under the provisions of Section 41A-1901, and, in addition, there shall have been paid in: (i) paid-in capital in an amount not less than twenty percent of the capital stock; (ii) an expense fund in an amount fixed by the Department which shall not be less than five percent of the capital stock; and (iii) the proceeds of subordinated securities, if any, which were considered part of the capital structure of the bank or trust company by the Department under Section 41A-1911 in giving its approval of the proposed institution; (2) all of the directors have taken the oath or affirmation required by section 41A-2205; (3) the bylaws of the bank or trust company have been filed with the Department; (4) the bank or trust company has designated its registered office pursuant to Section 41A-603; (5) the bank or trust company has been organized and is ready to begin the business for which is was incorporated;

Page 829

(6) all conditions imposed by the Department in giving its approval of the proposed bank or trust company under section 41A-1805 have been satisfied; and (7) the Department has received an affidavit signed by the president or secretary and by at least a majority of the directors of the bank or trust company to the effect that all of the foregoing requirements of this subsection have been satisfied. 41A-1808. Organizational Meetings. (a) After the issuance of the certificate of incorporation by the Secretary of State, a first meeting of the shareholders may be held within this State at the call of the shareholders who were the incorporators, or a majority of them, for the purpose of adopting bylaws or for such other purposes as shall be stated in the notice of the meeting. (b) After the issuance of the certificate of incorporation by the Secretary of State, an organizational meeting of the board or directors named in the articles shall be held within this State at the call of a majority of the directors for the purpose of adopting bylaws, of electing officers and for transaction of such other business as may come before the meeting. The directors who call the meeting shall give to each director named in the articles at least three days' written notice of the meeting. 41A-1809. Liability for Premature Business. Incorporators and other persons who organize a bank or trust company which transacts business before its capital stock, paid-in capital and expense fund as required by Section 41A-1807 have been paid in shall be jointly and severally liable to depositors and other creditors to make good the amounts not paid in by subscribers or otherwise deficient. Such liability shall be deemed as an asset of the bank or trust company and may be enforced by it, its successors or assignees, or by a shareholder suing derivatively, or by a receiver appointed under this Code.

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CHAPTER 41A-19. FINANCIAL STRUCTURE. 41A-1901. Minimum Capital. (a) Except as provided in subsections (b) and (c), the minimum capital stock of a bank or trust company shall be $500,000. (b) A bank or trust company whose registered office is located in a county with a population of less than 10,000, according to the last official United States census, shall have a minimum capital stock of $250,000. (c) A bank or trust company existing on April 1, 1975, with a capital stock of less than that required by subsections (a) and (b) shall not be required to increase its capital stock above the minimum required by law prior to April 1, 1975. 41A-1902. Paid-in Capital and Appropriated Retained Earnings. Losses sustained by a bank or trust company in excess of retained earnings may be charged to paid-in capital or to appropriated retained earnings, provided that a bank or trust company shall not pay any dividends so long as its paid-in capital and appropriated retained earnings do not, in combination, equal at least twenty percent of its capital stock. Earnings shall, not later than the end of each fiscal year, be transferred to appropriated retained earnings until such required twenty percent margin is obtained. 41A-1903. Expense Fund. The expense fund required under Section 41A-1807 shall be created out of accounts paid for shares of common stock which is in excess of one hundred and twenty percent of the par value of such shares. Such expense fund may be charged for expenses incurred by the bank or trust company in connection with its incorporation and operation, and any balance in such fund at any time after the expiration of one year from the issuance of a permit to begin business may be credited to paid-in capital. 41A-1904. Classes of Shares. A bank or trust company may have one or more classes of common or preferred shares, all of which shall be shares with par value of not less than one dollar and any or all of which may, subject to the restrictions

Page 831

of this Code, consist of shares with full, limited, multiple, fractional or no voting rights and such designations, preferences, qualifications, privileges, limitations, redemption provisions (in the case of preferred shares), options, conversion rights and other special rights as shall be stated in the articles. Except as otherwise stated in the articles, this Code, or other applicable laws, each share shall be equal in all respects to every other share. 41A-1905. Redemption and Convertibility. (a) Any preferred shares subject to redemption shall be redeemable only pro rata or by lot or by such other equitable method as is selected by the board of directors, except as otherwise provided in the articles. (b) With the written approval of the Department and the votes of directors and shareholders required to authorize an increase in the capital stock of the institution under section 41A-2302: (1) preferred stock may be convertible to common stock; and (2) subordinated securities may be convertible to common stock. 41A-1906. Consideration for Shares. (a) Except as provided in subsection (b) and in the case of a distribution of shares under section 41A-2209(e) or incident to a merger, consolidation or other corporate reorganization or rehabilitation authorized by this Code, shares of a bank or trust company may be issued only for cash in an amount which shall be at least the aggregate par value of the share plus such amounts, if any, necessary to assure that after issuance of the shares the bank or trust company will have the paid-in capital required by section 41A-1902 and, in the case of a new bank or trust company, the expense fund required by section 41A-1807. (b) Where a bank or trust company issues shares in exchange for or in order to convert other shares or obligations

Page 832

which have been issued by it, the consideration for such shares shall be: (1) the cash originally received for the shares or obligations surrendered or converted; (2) the additional cash received incident to the exchange or conversion; (3) the other amounts, if any, transferred to capital stock incident to the exchange or conversion. In any such case the consideration shall be not less than the minimum amount specified in subsection (a). Any amount by which capital stock may be reduced upon an exchange or conversion shall be transferred to paid-in capital. 41A-1907. Method of Issuance. (a) Subject to subsection (b), and unless more restrictive procedures are stated in the articles, the board of directors may, by resolution duly adopted, issue from time to time, in whole or in part, common or preferred shares authorized by the articles, subject to the approval of the Department. (b) Prior to the delivery of any common or preferred share certificates, the bank or trust company shall file with the Department an affidavit executed by its president or secretary certifying that the full consideration required by section 41A-1906 has been paid to the bank or trust company. 41A-1908. Share Certificates. (a) A bank or trust company shall not deliver any share certificate until the share or shares represented thereby are fully paid. Each subscriber, upon payment in full for his shares, shall be entitled to a certificate or certificates certifying the number of shares owned by him in the bank or trust company. (b) Unless otherwise provided in the articles or the bylaws, the shares of a bank or trust company shall be represented by certificates signed by the president or a vice

Page 833

president and the secretary or an assistant secretary of the bank or trust company, and may be sealed with the seal of the bank or trust company or a facsimile thereof. The signatures of such officers upon a certificate may be facsimiles if the certificate is countersigned by a transfer agent, or registered by a registrar, other than the bank or trust company itself or any employee of the bank of trust company. (c) Each certificate representing shares shall set forth upon the face thereof: (1) the name of the bank or trust company; (2) that the bank or trust company is organized under the laws of this State; (3) the name or names of the person or persons to whom issued; (4) the number and class of shares such certificate represents; (5) the par value of each share represented by such certificate; (6) if the shares represented thereby are nonvoting shares, a statement or notation to that effect; and (7) if the shares represented thereby are subordinate to shares of any other class with respect to dividends or amounts payable on liquidation, a brief statement to that effect. (d) Each certificate representing shares issued by a bank on trust company which is authorized to issue shares of more than one class shall set forth or fairly summarize upon the face or back of the certificate, or shall state that the bank or trust company will furnish to any shareholder upon request and without charge, a full statement of the designations, preferences, limitations, and relative rights of the shares of each class authorized to be issued.

Page 834

(e) In the event of a change in the capital structure of a corporation, it shall not be necessary to recall any previously issued share certificate for either the addition or deletion of the statement required by paragraph (7) of subsection (c) to be set forth upon the face of such certificate or for revision of the information placed upon the face or back of the certificate pursuant to subsection (d). (f) The signatures of the officers of a bank or trust company and the seal of the bank or trust company upon any bond, debenture or other debt security issued by the bank or trust company may be facsimiles if the instrument is authenticated or countersigned by a trustee or transfer agent, or registered by a registrar, other than the bank or trust company itself or any employee of the bank or trust company. (g) In case any officer who has signed or whose facsimile signature has been placed upon a share certificate or upon a bond, debenture or other debt security as provided in this section shall have ceased for any reason to be such officer before such certificate or instrument is issued, it may be issued by the bank or trust company with the same effect as if he were such officer at the date of its issue. (h) Nothing in this section shall be construed to invalidate any share certificate validly issued and outstanding on April 1, 1975. 41A-1909. Issuance of Fractional Shares or Scrip. (a) A bank or trust company may, but shall not be obliged to, issue certificates for fractional shares in order to effect share transfers, share distributions or reclassifications, mergers, consolidations or reorganizations, which shall entitle the holder, in proportion to his fractional holdings, to exercise voting rights, to receive dividends thereon, and to participate in any of the assets of the bank or trust company in the event of liquidation. (b) As an alternative, a bank or trust company may pay in cash the fair value of fractional shares as determined by the board of directors as of a time fixed by the board. In

Page 835

the absence of bad faith, all acts of the board pursuant to this subsection shall be conclusive. (c) As an alternative, the board of directors may issue scrip in registered or bearer form over the manual or facsimile signature of an officer of the bank or trust company or of its agent, exchangeable as therein provided for full shares, but such scrip shall not entitle the holder to any rights of a shareholder except as therein provided. The board of directors may cause such scrip to be issued subject to the condition that it shall become void if not exchanged for certificates representing full shares before a specified date, or subject to the condition that the shares for which such scrip is exchangeable may be sold by the bank or trust company and the proceeds thereof distributed to the holders of such scrip, or subject to any other conditions which the board of directors may deem advisable. If a bank or trust company issues scrip, it shall provide reasonable opportunity for persons entitled thereto to sell such scrip or to purchase such additional scrip as may be needed to acquire a full share. (d) A corporation may provide reasonable opportunity for persons entitled to fractional shares to sell such fractional shares or to purchase such additional fractional shares as may be needed to acquire a full share, or may sell fractional shares or scrip for the account of such persons. 41A-1910. Subordinated Security. (a) A bank or trust company may issue notes, debentures or other obligations in the form of `subordinated securities' provided that they: (1) are subordinated in right of payment, in the event of insolvency or liquidation of the bank or trust company, to the prior payment of all deposits of the bank or trust company and of all claims of other creditors of the bank or trust company except the holders of securities on a parity therewith and the holders of securities expressly subordinated thereto: (2) are authorized by the same votes of directors and shareholders as those required for authorization of an increase

Page 836

in capital stock of the bank or trust company under Section 41A-2302; (3) contain provisions for amortization, serial maturities, transfers to a sinking fund, allocation of reserves or other provisions sufficient to pay or to have paid at maturity all amounts due thereon; and (4) are approved by the Department prior to the issue thereof. (b) The aggregate amount of the obligations of a bank or trust company in the form of subordinated securities shall at no time exceed fifty percent of the sum of the unimpaired capital stock, unimpaired paid-in capital, and appropriated retained earnings of the bank or the trust company. (c) If at or after the payment or retirement of the subordinated securities of a bank or trust company there is or would be a deficiency in the capital stock of the bank or trust company, such fact shall be reported to the Department in advance of the payment or retirement. The Department may, upon receipt of such report, order a restoration of capital stock or take other appropriate remedial measures under this Code. (d) Subordinated securities shall not be considered in determining the amount of ad valorem taxes payable by the bank or trust company; provided, that nothing herein shall prevent an Act relating to the taxation of national banks and banking associations, federal savings and loan associations and building and loan associations in the same manner and to the same extent as banks organized and chartered under the laws of Georgia, approved April 17, 1973 (Ga. L. 1973, p. 924), from becoming effective in accordance with its terms. CHAPTER 41A-20. SHAREHOLDERS. 41A-2001. Liability of Subscribers and Shareholders. (a) Except as otherwise provided in this section, a holder of or subscriber to shares of a bank or trust company shall be

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under no obligation to the bank or trust company or its creditors with respect to such shares or subscription other than the obligation to pay the full consideration remaining due to the company upon such shares or subscription. Such obligation may be enforced by the bank or trust company and its successors or assigns, or by a shareholder suing derivatively, or by a receiver appointed under this Code. (b) Every subscriber for shares not fully paid and every original holder of shares not fully paid which were issued contrary to the provisions of Section 41A-1908, and every transferee or assignee of a subscription for shares or of shares with knowledge or notice that the shares are not fully paid and were issued contrary to the provisions of section 41A-1908, shall continue personally liable thereon as provided in subsection (a) of this section, notwithstanding any transfer or assignment of such shares or subscription for such shares. (c) Any person becoming a transferee or assignee of shares or of a subscription for shares in good faith and without knowledge or notice that the full consideration therefor has not been paid shall not be personally liable thereon for any unpaid portion of such consideration. (d) An executor, administrator, conservator, guardian, trustee, assignee for the benefit of creditors, receiver, or other fiduciary shall not be personally liable to the bank or trust company or its creditors as a holder of or subscriber for its shares, but the estate and funds in his hands or under his control shall be so liable. Nothing in the foregoing shall relieve any fiduciary from liability for a breach of trust. (e) No bailee or nominee and no pledgee or other holder of shares as collateral security shall be personally liable as a shareholder, but the bailor or real party in interest or pledgor or other person transferring such shares as collateral shall be considered the holder thereof for purposes of liability under this section. (f) No liability under this section shall be asserted

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against a subscriber or shareholder more than six years after the date on which the shares for which payment is sought were to have been fully paid pursuant to the contract of sale or subscription agreement or, if no such date is provided for in the contract of sale or subscription agreement, more than six years from the date of the contract of sale or subscription agreement, whether or not such contract or agreement is under seal. (g) The subscription agreement or contract of sale may prescribe other penalties for failure to make payments when due, but no penalty working a forfeiture of a subscription, or of the amounts paid thereon, shall be declared as against any subscriber unless the amount due thereon shall remain unpaid for a period of 20 days after written demand has been made therefor. The delinquent subscriber or his legal representative shall be entitled to be paid the excess of the sale proceeds realized from the sale by the bank or trust company of such subscribed shares over the sum of: (1) the amount due and unpaid on the subscription; and (2) the reasonable expenses incurred in selling the shares, but in no event shall the delinquent subscriber or his legal representative be entitled to be paid an amount greater than the amount paid by said subscriber on his subscription. (h) The board of directors shall have power to compromise, on such terms and conditions as the board may prescribe, any claim, dispute or action arising out of a subscription for shares when in the judgment of the board it is in the best interests of the bank or trust company to do so. 41A-2002. Preemptive Rights. (a) Except as provided in subsection (b) or in the articles, a bank or trust company shall issue shares, option rights or securities having conversion or option rights by first offering them to shareholders of the same class in proportion to their holdings of shares of such class.

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(b) Except as provided in the articles, there shall be no preemptive right to: (1) shares issued as a share dividend; (2) fractional shares; (3) shares issued pursuant to share plans authorized by subsection (e) of section 41A-2209; (4) shares issued pursuant to acquisition of substantially all of the assets of another bank or trust company; (5) shares released by waiver from their preemptive right by the affirmative vote or written consent of the holders of two-thirds of the shares of the class to be issued. Any such vote or consent shall be binding on all shareholders and their transferees for the time specified in such vote or consent up to but not exceeding one year from the date thereof, and shall protect the bank or trust company, its management, and all persons who may within such time acquire the shares so released; (6) shares which have been offered to shareholders to satisfy their preemptive right but not purchased by them within the prescribed time, and which are thereafter issued or sold to any other person or persons at a price not less than the price at which they were offered to such shareholders. (c) unless otherwise provided in the articles, no holder of shares of any class shall have any preemptive right with respect to shares of any other class which may be issued or sold by the bank or trust company. (d) Nothing in this section shall impair any cause of action or remedy which any shareholder may have for a breach of duty by the board of directors relating to the sale or other disposition by the bank or trust company of shares or securities not subject to the preemptive rights under this section or under the articles.

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(e) The holders of shares entitled to the preemptive rights shall be given prompt notice setting forth the time within which and the terms and conditions upon which such shareholders may exercise their preemptive rights. Such notice shall be given at least thirty days prior to the expiration of the period during which the rights may be exercised. 41A-2003. Meetings of Shareholders. (a) Meetings of the shareholders of a bank or trust company shall be held at such place within or without the State as shall be fixed by the bylaws or by the board of directors pursuant to the bylaws or, if not so fixed, at the registered office of the bank or trust company. (b) There shall be at least one meeting of the shareholders in each calendar year for the election of directors. In addition, any matter relating to the bank or trust company, whether or not stated in the notice of meeting, may be brought up for action, except matters which this Code requires to be stated in the notice of meeting. The time of such annual meeting shall be fixed by the bylaws or by the board of directors pursuant to the bylaws. If the annual meeting shall not be called and held during any calendar year, the principal court may, after notice to the bank or trust company, order a substitute annual meeting to be held upon the application of any shareholder. The principal court may issue such orders as may be appropriate, including, without limitation, orders designating the time and place of such meeting, the record date for determination of shareholders entitled to vote, and the form of notice of such meeting. (c) Special meetings of the shareholders or a special meeting in lieu of the annual meeting of the shareholders may be called by the president, the chairman of the board of directors, the board of directors, or such other officers or persons as may be provided in the articles or bylaws, or in the event there are no officers or directors, then by any shareholder. Special meetings of the shareholders or a special meeting in lieu of the annual meeting of the shareholders shall be called by the bank or trust company upon

Page 841

the written request of the holders of not less than twenty-five percent of the outstanding shares of the bank or trust company entitled to vote in an election of directors. (d) Notice of annual and special meetings shall be given to shareholders of record pursuant to section 41A-107. But when a meeting is adjourned to another time or place, it shall not be necessary, unless the bylaws require otherwise, to give any notice of the adjourned meeting if the time and place to which the meeting is adjourned are announced at the meeting at which the adjournment is taken, and at the adjourned meeting any business may be transacted that might have been transacted on the original date of the meeting. If, however, after the adjournment, the board fixes a new record date for the adjourned meeting, a notice of the adjourned meeting shall be given each shareholder of record on the new record date entitled to vote at such meeting. (e) Any action required by this Code to be taken at a meeting of the shareholders of a bank or trust company, or any action which may be taken at a meeting of the shareholders, may be taken without a meeting if written consent, setting forth the action so taken shall be signed by all the shareholders entitled to vote with respect to the subject matter thereof. Such consent shall have the same force and effect as a unanimous vote of shareholders, and may be stated as such in any articles or document filed with the Secretary of State or the Department under this Code. 41A-2004. Closing of Transfer Books and Fixing Record Date. (a) For the purpose of determining shareholders entitled to notice of or to vote at any meeting of shareholders or any adjournment thereof, or entitled to receive payment of any dividend, or in order to make a determination of shareholders for any other proper purpose, the board of directors of a bank or trust company may provide that the stock transfer books shall be closed for a stated period but not to exceed, in any case, fifty days. If the stock transfer books shall be closed for the purpose of determining shareholders entitled to notice of or to vote at a meeting of shareholders, such books shall be closed for at least ten days immediately preceding such meeting.

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(b) In lieu of closing the stock transfer books, the bylaws, or in the absence of an applicable bylaw the board of directors, may fix in advance a date as the record date for any such determination of shareholders, such date in any case to be not more than fifty days and, in case of a meeting of shareholders, not less than ten days prior to the date on which the particular action, requiring such determination of shareholders, is to be taken. (c) If the stock transfer books are not closed and no record date is fixed for the determination of shareholders entitled to notice of or to vote at a meeting of shareholders, or shareholders entitled to receive payment of a dividend, the date on which notice of the meeting is mailed, or the date on which the resolution of the board of directors declaring such dividend is adopted, as the case may be, shall be the record date for such determination of stockholders. (d) When a determination of shareholders entitled to vote at any meeting of shareholders has been made, as provided in this section, such determination shall apply to any adjournment thereof, unless the board of directors fixes a new record date under this section for the adjourned meeting. 41A-2005. Voting List. (a) The officer or agent having charge of the stock transfer books for shares of a bank or trust company shall make a complete list of the shareholders entitled to vote at a meeting of shareholders or any adjournment thereof, arranged in alphabetical order, with the address of, and the number and class, if any, of shares held by each. Such list shall be produced and kept open at the time and place of the meeting and shall be subject to the inspection of any shareholder during the whole time of the meeting for the purposes thereof. Such list shall be prima facie evidence of who is a shareholder of record, but in the event of challenge, the record of shareholders required by section 41A-2009 shall control. (b) If the requirements of this Section have not been substantially complied with, the meeting shall, on the demand

Page 843

of any shareholder in person or by proxy, be adjourned until the requirements are complied with. (c) If no such demand is made, failure to comply with the requirements of this section shall not affect the validity of any action taken at such meeting. (d) Notwithstanding the foregoing provisions of this section, it shall not be necessary to prepare or produce a list of shareholders in any case where the record of shareholders is presented and readily shows, in alphabetical order or by alphabetical index, and by classes, if any, the names of the shareholders entitled to vote, with the address of and the number of shares held by each. 41A-2006. Quorum of Shareholders. (a) Except as provided in subsection (d) or the articles, or in bylaws adopted by the shareholders, a majority of the shares entitled to vote, represented in person or by proxy, shall constitute a quorum at a meeting of shareholders. (b) If a quorum is present, the affirmative vote of the majority of the shares represented at the meeting and entitled to vote on the subject matter shall be the act of the shareholders, unless the vote of a greater number, or voting by classes, is required by this Code, or the articles, or bylaws. (c) When a quorum is once present to organize a meeting, the shareholders present may continue to do business at the meeting or at any adjournment thereof notwithstanding the withdrawal of enough shareholders to leave less than a quorum. (d) If a meeting cannot be organized for lack of a quorum, those present may adjourn the meeting to such time and place as they may determine. In the case of a meeting for the election of directors which is twice adjourned for lack of a quorum, those present at the second of such adjourned meetings, of which notice has been given in writing to shareholders pursuant to section 41A-107, shall constitute a quorum for the election of directors without regard to

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the other quorum requirements of this section, the articles or bylaws. 41A-2007. Voting of Shares. (a) Unless otherwise provided in the articles, each outstanding share entitled to vote, regardless of class, shall be entitled to one vote on each matter submitted to a vote at a meeting of shareholders. A subscriber shall not be entitled to vote the shares subscribed for until such shares have been fully paid. (b) Treasury shares shall not be voted at any meeting not counted in determining the total number of outstanding shares at any given time. (c) The chairman of the board, president, any vice president, the secretary or the treasurer of a corporation which is the holder of record of shares of a bank or trust company shall be deemed by the bank or trust company to have authority to vote such shares and to execute proxies and written waivers and consents in relation thereto, whether such shares are held in a fiduciary capacity or otherwise, unless, before a vote is taken or a waiver of consent is acted upon, it is made to appear by a certified copy of the bylaws or resolution of the board of directors or executive committee of the corporation holding such shares that such authority does not exist or is vested in some other officer or person. In the absence of such certification, a person executing any such proxies, waivers or consents or presenting himself at a meeting as one of such officers of a corporate shareholder shall, for the purposes of this section, be prima facie deemed to be duly elected, qualified and acting as such officer and to be fully authorized, and in case of conflicting representation, the corporate shareholder shall be deemed to be represented by its senior officer, in the order first stated in this subsection. (d) Shares held by an administrator, executor, guardian or conservator may be voted by him, either in person or by proxy, without a transfer of such shares into his name. Shares standing in the name of a trustee may be voted by him, either in person or by proxy, but no trustee shall be

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entitled to vote shares held by him without a transfer of such shares into his name or the name of his nominee. Shares standing in the name of a person as life tenant may be voted by him, either in person or by proxy, unless the record of shareholders shows that he is not entitled to vote such shares. (e) Shares standing in the name of a receiver may be voted by such receiver, and shares held by or under the control of a receiver may be voted by such receiver without a transfer thereof into his name if authority to do so be contained in an order of the court by which such receiver was appointed. (f) If a share or shares stand of record in the names of two or more persons, whether fiduciaries, joint tenants, tenants in common, tenants in partnership, or otherwise, or if two or more persons have the same fiduciary relationship respecting the same share or shares, then unless the instrument or order appointing them or creating the tenancy otherwise directs and it or a copy thereof is filed with the secretary of the bank or trust company, their acts with respect to voting shall have the following effect: (1) if only one votes, in person or by proxy, his act binds all; (2) if more than one votes, in person or by proxy, the act of the majority so voting binds all; (3) if more than one votes in person or by proxy but the votes are evenly split on any particular matter, each faction is entitled to vote the share or shares in question proportionally; (4) if the instrument or order so filed shows that any such tenancy is held in unequal interest, a majority or even-split for purposes of this subsection shall be a majority or even-split in interest; (5) the principles of this subsection shall apply, insofar as possible, to execution of proxies, waivers, consents or

Page 846

objections and for the purpose of ascertaining the presence of a quorum. (g) A shareholder whose shares are pledged shall be entitled to vote such shares until the shares have been transferred into the name of the pledgee, or a nominee of the pledgee, and thereafter the pledgee or his nominee shall be entitled to vote the shares so transferred. (h) Notwithstanding the foregoing subsections, a corporation shall be protected in treating the persons in whose names shares stand on the record of shareholders as the owners thereof for all purposes. (i) When notice of redemption of redeemable shares has been mailed to the holders thereof and a sum sufficient to redeem such shares has been set aside to pay the redemption price to shareholders, such shares shall not be entitled to vote in any manner and shall not be deemed to be outstanding shares. 41A-2008. Proxies. (a) Unless otherwise unlawful, a person who is entitled to attend a shareholders' meeting, to vote thereat, or to execute consents, waivers or releases, may be represented at such meeting or vote thereat, and execute consents, waivers and releases, and exercise any of his other rights, by one or more agents, who may be either an individual or individuals or any domestic or foreign corporation, authorized by a written proxy executed by such person or by his attorney-in-fact. A telegram or cablegram transmitted by a shareholder shall be deemed a written proxy within the meaning of this section. (b) No proxy shall be valid after the expiration of eleven months from the date thereof unless otherwise provided in the proxy. Every proxy shall be revocable at the pleasure of the person executing it, except as otherwise provided in this section. (c) Subject to the limitation of subsection (b) of this section, any proxy duly executed is not revoked, and continues in full force and effect, until an instrument revoking

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it, or a duly executed proxy bearing a later date, is received by the secretary of the bank or trust company. A proxy is not revoked by the death or incapacity of the maker unless, before the vote is counted or the authority is exercised, written notice of such death or incapacity is received by the secretary of the bank or trust company. Notwithstanding that a valid proxy is outstanding, the powers of the proxy holder are suspended, except in the case of a valid proxy which is by law irrevocable and which states on its face that it is irrevocable, if the maker is present at the meeting and elects to vote in person. (d) If a proxy for the same shares confers authority upon two or more persons and does not otherwise provide, a majority of them present at the meeting, or if only one is present, then that one may exercise all the powers conferred by the proxy; but if the proxy holders present at the meeting are divided as to the right and manner of voting in any particular case and there is no majority, the voting of said shares shall be prorated. (e) If a proxy expressly provides, any proxy holder may, unless otherwise unlawful, appoint in writing a substitute to act in his place. (f) A shareholder shall not sell his vote or issue a proxy to vote to any person for any sum of money or anything of value, except as permitted in this section and in section 41A-2009 relating to shareholders' agreements. (g) To be irrevocable, a proxy must be entitled `IRREVOCABLE PROXY', must state that it is irrevocable, must not otherwise be unlawful, and must be held by any of the following or a nominee of any of the following: (1) A pledge or other person holding a security interest in the shares. (2) A person who has purchased or agreed to purchase the shares. (3) A creditor or creditors of the bank or trust company

Page 848

who extend or continue credit to the bank or trust company in consideration of the proxy if the proxy states that it was given in consideration of such extension or continuation of credit, the amounts thereof, and the name of the person extending or continuing credit. (4) A person who has contracted to perform services as an officer of the bank or trust company, if a proxy is required by the contract of employment, and if the proxy states that it was given in consideration of such contract of employment, the name of the employee and the period of employment contracted for. (5) A person designated by or under an agreement under the provisions of section 41A-2009 relating to shareholders' agreements. (h) Notwithstanding a provision in a proxy stating that it is irrevocable, the proxy becomes revocable after the pledge or security interest is redeemed, or the debt of the bank or trust company is paid, or the period of employment provided for in the contract of employment has terminated, or the agreement under the provisions of section 41A-2009 relating to shareholders' agreements has terminated; and, in a case provided for in paragraph (3) or (4) of subsection (g) of this section, becomes revocable three years after the date of the proxy or at the end of the period, if any, specified therein, whichever period is less, unless the period of irrevocability is renewed from time to time by the execution of a new irrevocable proxy as provided in this section. This subsection does not affect the duration of a proxy under subsection (b) of this section. (i) A proxy may be revoked, notwithstanding a provision making it irrevocable, by a purchaser of shares without knowledge of the existence of the provision unless the existence of the proxy and its irrevocability are noted conspicuously on the face or back of the certificate representing such shares. 41A-2009. Shareholders' Agreements. (a) Unless otherwise unlawful, an agreement between two or more shareholders,

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if in writing and signed by the parties thereto, and a copy thereof delivered to the Department may provide that in exercising any voting rights, the shares held by them shall be voted as therein provided, or as they may agree, or as determined in accordance with a procedure agreed upon by them. Nothing herein shall impair the right of the bank or trust company to treat the shareholders of record as entitled to vote the shares standing in their names. (b) The duration of any agreement permitted by subsection (a) shall not exceed twenty years. Failure to state a period of duration or stating a period of duration in excess of twenty years shall not invalidate the agreement, but in either such case the period of duration of the agreement shall be twenty years. Any such agreement shall be renewable at any time before the expiration of such twenty-year period by agreement of all the shareholders bound thereby at the date of renewal. (c) A transferee of shares in a bank or trust company whose shareholders have entered into an agreement authorized by subsection (a) shall be bound by such agreement or any renewal of such agreement authorized by subsection (b) if he takes the shares with notice thereof. A transferee shall be deemed to have notice of any such agreement or any renewal if the existence thereof is noted on the face or back of the certificate or certificates representing such shares. 41A-2010. Books and Records. (a) Each bank and trust company shall keep correct and complete books and records of account and shall keep minutes of the proceedings of its shareholders, board of directors, and committees of directors; and shall keep at its registered office or principal place of business, or at the office of its transfer agent or registrar, a record of its shareholders, giving the names and addresses of all shareholders, and the number, class and series, if any, of the shares held by each. (b) Any person who shall have been a shareholder of record for at least six months immediately preceding his demand or who shall be the holder of record of, or thereunto

Page 850

authorized in writing by the holders of record of, at least five percent of all the outstanding shares of any class of a bank or trust company, upon written demand stating the purpose thereof, shall have the right to examine, in person, or by agent or attorney, at any reasonable time or times, for any proper purpose, its books and records of account, minutes and record of shareholders and to make extracts therefrom. Provided, such examination or inspection shall be limited to the corporate records of the bank or trust company and in no event shall any person authorized to make inspections pursuant to this section examine or inspect files, ledgers or other records of customer deposit or credit transactions or of actions by the directors or other officials of the bank or trust company with respect to any customer deposit or credit transactions. (c) An inspection authorized by subsection (b) may be denied to such shareholder or other person upon his refusal to furnish to the bank or trust company, its transfer agent or registrar, an affidavit that such inspection is not desired for a purpose which is in the interest of a business or object other than the business of the bank or trust company, that he has not within the five years preceding the date of the affidavit sold or offered for sale, and does not now intend to sell or offer for sale, any list of shareholders of the bank or trust company or of any other corporation, and that he has not within said five-year period aided or abetted any other person in procuring any list of shareholders for such purpose. (d) If the bank or trust company, or an officer or agent of the bank or trust company, refuses to permit the inspection authorized by subsection (b), the shareholder demanding inspection may apply to the principal court, upon such notice as the court may require, for an order directing the bank or trust company, its officers or agent to show cause why an order should not be granted permitting such inspection by the applicant. The court shall hear the parties summarily, by affidavit or otherwise, and if the applicant establishes that he is qualified and is entitled to such inspection, the court shall grant an order permitting such inspection, subject to any limitations which the court may

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prescribe, and grant such other relief, including costs and reasonable attorneys' fees, as the court may deem just and proper. The court may deny or restrict inspection if it finds that the shareholder has improperly used information secured through any prior examination of the books and records of account, or minutes or record of shareholders of such bank or trust company or of any other corporation, or that he is not acting in good faith or for a proper purpose in making his demand. (e) Nothing herein contained shall impair the power of any court of competent jurisdiction, upon proof by a shareholder of proper purpose, irrespective of the period of time during which such shareholder shall have been a shareholder of record, and irrespective of the number of shares held by him, to compel the production or examination by such shareholder of the books and records of account, minutes, and record of shareholders of a bank or trust company. 41A-2011. Derivative Actions by Shareholders. A derivative action may be brought by a shareholder in the right of the bank or trust company to procure a judgment in its favor against directors, officers, or other representatives of the bank or trust company, or shareholders or third parties, or any combination thereof, whenever the bank or trust company has a claim or cause of action which the representatives of the bank or trust company, in violation of their duties, have failed to enforce, including a claim or cause of action against such representatives for their failure in this respect. 41A-2012. Restrictions on Derivative Actions. (a) In a derivative action brought by one or more shareholders of a bank or trust company to procure a judgment in its favor, the representatives of the bank or trust company wrongfully having failed to enforce a right which may properly be asserted by it, the complaint shall be verified and shall allege that the plaintiff is a shareholder of record at the time of bringing the action. It shall further allege: (1) that the plaintiff had purchased his shares or was a shareholder of record at the time of the transaction of which he complains or that his shares thereafter devolved

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on him through one of several transfers by operation of law from one who was a holder of record or member at such time; or (2) that the plaintiff is the holder of record of shares which at the time of the transaction of which he complains were held of record by a trustee of a trust in which the plaintiff held a beneficial interest or in which a beneficial interest was held by one from whom the shares have devolved upon the plaintiff through one of several transfers by operation of law. (b) In any such action, the complaint shall also allege with particularity the efforts of the plaintiff to secure the initiation of such action by the board of directors or comparable authority, or the reasons for not making such effort. (c) Such action shall not be discontinued, compromised or settled without the approval of the court having jurisdiction of the action. If the court shall determine that the interests of the members or of the shareholders of any class or classes will be substantially affected by such discontinuance, compromise, or settlement, the court shall direct that notice, by publication or otherwise, of the action and the proposed discontinuance, compromise, or settlement thereof be given to the members or to the shareholders of the class or classes whose interests it determines will be so affected; if notice is so directed to be given, the court may determine which one or more of the parties to the action shall bear the expense of giving the same, in such amount as the court shall determine and find to be reasonable in the circumstances. (d) If such action be successful, in whole or in part, or if anything be received by the plaintiff or plaintiffs as the result of the judgment, compromise or settlement thereof, the court may award the plaintiff or plaintiffs reasonable expenses, including reasonable fees of attorneys, and shall direct him or them to account to the bank or trust company for the remainder of the proceeds so received by him or them.

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(e) In any such action hereafter instituted, the court having jurisdiction, upon final judgment and a finding that the action was brought without reasonable cause, may require the plaintiff or plaintiffs to pay to the parties named as defendant the reasonable expenses, including fees of attorneys, incurred by them in the defense of such action. 41A-2013. Report of Change in Control. Whenever a change occurs in the ownership or right to vote, the outstanding shares of any bank or trust company which will result in the control or a change in the control of the bank or trust company, the president or other officer of such bank or trust company shall, within ten days after knowledge thereof, report such facts to the Department. As used in this section, the term `control' means the power to, directly or indirectly, direct or cause the direction of the management or policies of the institution. If there is any doubt as to whether a change in the ownership or voting rights of such shares is sufficient to result in control thereof or to effect a change in the control thereof, such doubt shall be resolved in favor of reporting the facts to the Department. CHAPTER 41A-21. DIVIDENDS, DISTRIBUTIONS AND PREFERRED SHARE ACQUISITION. 41A-2101. Dividends; Limitations. (a) The board of directors of a bank or trust company may, from time to time, declare and the bank or trust company thereupon shall pay dividends on its outstanding shares in cash, property, or its own shares, except when the bank or trust company is insolvent or when the payment thereof would render the bank or trust company insolvent or when the declaration or payment thereof would be contrary to any restrictions contained in the articles, and subject to the following provisions: (1) dividends may be declared and paid in cash or property only out of the retained earnings of the bank or trust company; (2) dividends may not be declared or paid at any time that the bank or trust company does not have the paid-in

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capital and/or appropriated retained earnings required by Section 41A-1902; (3) dividends may not be paid without the prior approval of the Department in excess of specified amounts as may be fixed by regulations of the Department to assure that banks and trust companies maintain an adequate capital structure; (4) dividends may be declared and paid in lawfully held treasury shares or in authorized but unissued shares, provided that, in the case of a dividend of authorized but previously unissued shares, there shall be transferred to capital stock an amount equal to the aggregate par value of the shares distributed; and, after payment of the dividend, the bank or trust company continues to maintain the paid-in capital and/or appropriated retained earnings required by section 41A-1902; and (5) no dividends payable in shares of any class shall be paid in respect to shares of any other class unless the articles so provide or such payment is authorized by the affirmative vote or the written consent of the holders of a majority of the outstanding shares of the class in which the payment is to be made. (b) A split or division of the issued shares of any class into a greater number of shares of the same class without increasing the capital stock of the bank or trust company shall not be construed to be a share dividend within the meaning of this section. (c) If a bank or trust company has declared a cash dividend on any shares, or any other distribution payable in cash, or has sold fractional shares or scrip for the account of a shareholder, and has mailed to a shareholder at his address appearing on the records of the bank or trust company a valid check in the amount of the dividend or other distribution of the proceeds of such sale to which such shareholder is entitled, and such check would have been honored if duly presented to the bank on which it is drawn, no action for the recovery of such dividend or other distribution

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or for the amount thereof shall be brought by the shareholder or other person entitled thereto more than seven years after the date of mailing the check. (d) If a bank or trust company has declared a dividend payable in its own shares or any other distribution payable in its own shares or in other than cash, and has mailed to a shareholder at his address appearing on the records of the bank or trust company a certificate representing such shares or a notice setting forth the time and manner in which a distribution in other than its own shares or cash shall be paid, no action for the recovery of such dividends or other distribution or for the amount thereof shall be brought by the shareholder or other person entitled thereto more than seven years after the mailing of the share certificate or certificates or, in the case of a distribution in other than the shares of the bank or trust company, or cash, the time specified in the notice for the payment thereof. (e) When the statute of limitations provided for in this section has run with respect to any unclaimed dividend or other unclaimed distribution, or unclaimed proceeds of the sale of fractional shares or scrip, the cash or property represented thereby shall thenceforth be treated as an asset of the bank or trust company. 41A-2102. Distribution Upon Reduction of Capital, Stock or Paid-in Capital. (a) Upon the decrease of capital stock of a bank or trust company pursuant to amendment of its articles as provided in this Code, the board of directors may, subject to restrictions of the articles, distribute to the shareholders of the bank or trust company an amount in cash equal to all or part of the amount of the decrease in capital stock, if immediately after such distribution the bank or trust company would have the capital stock required by this Code and would have the paid-in capital and/or appropriated retained earnings required by Section 41A-1902. (b) Any portion of the amount of a decrease in capital stock which is not distributed to shareholders in accordance with this section shall be transferred to paid-in capital.

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(c) A bank or trust company may by resolution of its board of directors distribute to its shareholders amounts representing a reduction in its paid-in capital provided that after such distribution the institution shall continue to have the paid-in capital and/or appropriated retained earnings required by section 41A-1902 and provided that such distribution is first approved in writing by the Department. 41A-2103. Unlawful Dividends and Distributions. The directors of a bank or trust company shall not declare dividends, or authorize or ratify the distribution of any part of its assets to shareholders by purchase of its shares or otherwise except as authorized by this Code. 41A-2104. Preferred Share Acquisition. (a) Unless otherwise provided in its articles, a bank or trust company may, by resolution of its board of directors and with the prior approval of the Department, redeem or otherwise acquire preferred shares if immediately after the redemption or other acquisition the bank or trust company would have the paid-in capital and/or appropriated retained earnings required by section 41A-1902. In determining whether or not to give its approval under this subsection (a), the Department shall give primary consideration to the question of whether or not after the cancellation of the preferred shares, the capital accounts of the bank or trust company would be adequate to support its anticipated deposit or trust business. (b) Preferred shares which are redeemed or otherwise acquired shall be canceled and shall not be reissued without prior approval of the Department. CHAPTER 41A-22. MANAGEMENT. 41A-2201. Board of Directors. (a) Administration of the business and affairs of a bank or trust company shall be the responsibility of a board of directors. (b) Each director shall be a citizen of the United States and at least sixty percent of the directors shall:

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(1) reside in Georgia; and (2) reside in the county in which the registered office of the bank or trust company is or is proposed to be located or within forty miles of any office thereof authorized to offer a complete banking or trust service. (c) Notwithstanding other provisions of this section, directors who are legally qualified to serve on April 1, 1975, may continue to serve for such time as they are continuously members of the board of directors of their bank or trust company. 41A-2202. Bylaws. The board of directors shall have the power to adopt, amend or repeal bylaws as specified in Section 41A-1201(d) unless such power is reserved exclusively to the shareholders by the articles or in bylaws previously adopted by the shareholders, but any bylaws adopted by the board of directors may be altered, amended or repealed, and new bylaws adopted, by the shareholders. The shareholders may prescribe that any bylaw or bylaws adopted by them shall not be altered, amended or repealed by the board of directors. Copies of the bylaws and any change, addition or amendment thereto shall immediately, upon adoption by the directors or the shareholders, be filed with the Department. 41A-2203. Number, Term, and Compensation of Directors. (a) The articles or bylaws of any bank or trust company may fix the number of directors at not less than five nor more than twenty-five and may provide that the board may, within such limitation, increase or decrease the number of directors by not more than two in any one year, provided that nothing herein shall require a bank with a board of directors of less than five on July 1, 1972, to increase its board to five members. (b) Except as otherwise provided in this Code, each director shall be elected by the shareholders for a term of one year and shall serve until he resigns, is removed, becomes disqualified or until his successor shall have been duly elected and qualified.

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(c) Except as otherwise provided in the articles or bylaws, the board of directors may fix the compensation for directors, and a director may be a salaried officer of the bank or trust company. 41A-2204. Action by Board; Committees. (a) The board of directors shall hold regular meetings at such times as may be fixed by the bylaws, at least once during ten different months of each calendar year, and shall at all times be subject to call by the president or by any two members of the board. (b) Unless otherwise provided in the articles or bylaws: (1) a majority of all the directors in office shall constitute a quorum for the transaction of business and actions of a majority of those present at a meeting at which a quorum is present shall be actions of the board; (2) the board of directors may designate three or more of its number to constitute an executive committee or other committees which, to the extent provided in such resolution, shall have and exercise the authority of the board of directors in regard to the business of the bank or trust company; and (3) any action which may be taken at a meeting of the directors or of the members of an executive or other committee may be taken without a meeting if a consent or consents in writing setting forth the action shall be signed by all of the directors or all of the members of the executive or other committee and filed with the secretary of the bank or trust company. 41A-2205. Oath of Directors. (a) Each director shall, before assuming office, take an oath or affirmation that he will diligently and honestly perform his duties in the administration of the affairs of the bank or trust company, that he will not permit a willful violation of law by the bank or trust company and that he meets the eligibility requirements of this Code and of the articles and bylaws.

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(b) The oath or affirmation shall be signed by the director and filed with the Department. 41A-2206. Removal of Directors; Vacancies. (a) The entire board of directors or an individual director may be removed without cause by the vote of shareholders entitled to cast at least a majority of the votes which all shareholders would be entitled to cast at an annual election of directors. (b) The board may remove a director from office if: (1) he is adjudicated an incompetent by a court or is convicted of a felony; (2) he does not, within sixty days after his election or such longer time as the bylaws may specify, accept the office in writing or by attendance at a meeting and fulfill other requirements for holding the office; (3) he fails to attend regular meetings of the board for six successive meetings without having been excused by the board. (c) Vacancies in the board of directors, whether caused by removal or otherwise and including vacancies resulting from an increase in the number of directors, may be filled by the remaining members of the board even though less than a quorum. Certified copies of all resolutions selecting new directors to fill vacancies shall immediately be filed with the Department. Each director so elected shall be a director until his successor is elected by the shareholders who shall make such election at the next annual meeting of shareholders or at any special meeting called for that purpose prior thereto. 41A-2207. Honorary and Advisory Positions. The board of directors of any bank or trust company may appoint an individual, an honorary director or director emeritus or member of an advisory board. An individual so appointed may be compensated, but may not vote at any meeting of the board of directors or be counted in determining a quorum and shall not have any responsibility or be subject to any liability

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imposed upon a director, or otherwise be deemed a director. 41A-2208. Audits. (a) Except as provided in subsection (c) of this section, the board of directors shall at least once each year have made, by at least three of the directors or by independent or certified accountants, an audit of the books and affairs of the bank or trust company including such matters as may be required by the Department and including, in the case of a trust company, accounts held in a fiduciary or other representative capacity. Directors who make such an audit may assign the performance thereof to assistants but may not delegate responsibility therefor. The Department may by regulation establish minimum standards for audits and reports under this section. (b) A report of the audit made under subsection (a) shall be signed by the directors or the accountants who make it and filed with the Department, and a signed copy of the report shall be submitted to the board and kept in the files of the bank or trust company. (c) In the case of a bank or trust company which has a system of internal audit control approved by the Department, no audit under subsection (a) of this section shall be required, and in lieu of the report required by subsection (b), the auditor or comptroller of the bank or trust company shall submit to the board an annual summary report of the same matters as those required under subsection (a). Such report shall set forth the degree of compliance with the approved audit system and shall express the opinion of the auditor or comptroller as to the adequacy of the internal controls. The report shall be kept in the files of the bank or trust company, and a copy shall be fixed with the Department. 41A-2209. Officers, Agents, Share Plans. (a) A bank or trust company shall have a president, secretary and such other officers as the directors may from time to time designate. An individual may hold more than one office except that the individual shall not be both president and secretary.

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(b) Except as otherwise provided in the articles or bylaws, the board of directors shall elect the officers, fix their compensation and fill vacancies however occurring. An officer elected or appointed by the board may be removed by the board at any time whenever in its judgment the best interests of the institution will be served thereby without prejudice to any contract right of such officer. The Department shall be immediately informed in writing of the names of all officers elected or removed. (c) The officers shall, as between themselves and the bank or trust company, have such authority and perform such duties as may be provided in the bylaws adopted by the board. (d) A bank or trust company may also employ such agents or employees as may be required for the prompt and orderly discharge of its business. (e) Except as otherwise provided in the articles, a bank or trust company may adopt and carry out a plan, approved by the directors, the Department and the affirmative vote of a majority of the shares entitled to vote thereon, for the sale of shares, or for the granting of options for shares, to some or all of the officers and employees of the bank or trust company or of any affiliate of the bank or trust company or to a trustee on behalf of such employees, upon such terms and conditions and in such manner as may be provided by the bylaws or by the board. In any such plan: (1) such shares may be sold or optioned upon terms (not less than the par value thereof) which are deemed advantageous to the bank or trust company by the directors other than directors who may benefit by their action or, if the number of directors who will not benefit by the action is fewer than three, by the shareholders; and (2) in the absence of fraud in the transaction, the judgment of the board of directors or the shareholders as to the adequacy of the consideration received for any rights or options to purchase shares under the plan shall be conclusive.

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Such a plan may be adopted whether or not it qualifies for special tax treatment under the laws of the United States. 41A-2210. Bonds. Any director who is authorized to handle money or negotiable assets on behalf of a bank or trust company and all officers and employees of a bank or trust company shall be bonded by a regularly incorporated surety company authorized to do business in this State, and the bank or trust company may pay the cost of such bond. The form, amount and surety of such bonds shall be such as is approved by the board of directors, but the Department may require an additional amount or new or additional surety. 41A-2211. Responsibility of Directors and Officers; Delegation of Investment Decisions. Directors and officers of a bank or trust company shall discharge the duties of their respective positions in good faith and with that diligence, care and skill which ordinarily prudent men would exercise under similar circumstances in like positions. In discharging their duties, directors and officers, when acting in good faith, may rely upon financial information concerning the bank or trust company represented to them to be correct by the president or the officer of the bank or trust company having charge of its books of account, or stated in a written report by an independent or certified public accountant or firm of such accountants fairly to reflect the condition of such institution. A bank, through its board of directors, may delegate to a correspondent bank the power to determine, within the limits set by law, the investments in which its assets including reserve assets may be held, provided that the bank must obtain the prior written approval of the Department for such delegation. 41A-2212. Financing Involving Directors or Officers. (a) Except as provided in subsection (b), a bank or trust company shall not make loans or otherwise extend financing to one of its directors or officers which in aggregate amount exceeds the principal sum of $5,000.00. (b) A bank or trust company may, subject to other restrictions imposed by law or its articles or bylaws, make

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loans to a director or officer without regard to the limitation of subsection (a) if each such loan is approved in advance by the board of directors or a committee thereof authorized to act for the board, and if each such loan is either: (1) secured by deposits in the bank or trust company, or cash surrender value of life insurance in an amount equal to, or by other collateral with a market value of at least twenty percent more than, the amount of the loan; (2) conforms with the requirements of a real estate loan under Section 41A-1307 and regulations issued pursuant thereto and is: (i) secured by a first priority mortgage or security deed on the home of such officer or director; or (ii) guaranteed, or is one for which a written commitment to guarantee has been made, by the Veterans Administration pursuant to the Veterans' Benefit Act; or (iii) insured, or is one for which a written commitment to insure has been issued, pursuant to national housing legislation; (3) an extension of credit not at any time exceeding $10,000.00 for the purpose of financing the education of a child or children of a director or officer; provided that no director shall be eligible to vote on a loan to himself under this subsection. 41A-2213. Prohibitions Applicable to Directors, Officers, Employees. No director, officer or employee of a bank or trust company shall: (a) receive anything of value for procuring or attempting to procure any loan from or investment by the bank or trust company; (b) purchase, or directly or indirectly be interested in purchasing, from the bank or trust company for less than its

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face value any promissory note or other evidence of indebtedness issued by the bank or trust company; (c) purchase or sell any other asset to the bank or trust company except (1) upon terms not less favorable to the bank or trust company than those offered to other persons or corporations; and (2) with the prior approval of the board of directors or a committee thereof authorized to act for the board, unless the transaction is made in the regular course of business. No director shall be eligible to vote concerning any purchase or sale where he is or would be a party to the transaction. 41A-2214. Actions Against Directors and Officers. (a) An action may be brought by any of the persons named in subsection (b) of this section against one or more directors or officers of a bank or trust company to procure for the benefit of the bank or trust company a judgment for the following relief: (1) to compel the defendant to account for his official conduct, or to decree any other relief called for by his official conduct, in the following cases: (i) the neglect of, or failure to perform, or other violation of his duties in the management of the bank or trust company, or in the disposition of corporate assets committed to his charge; (ii) the acquisition by himself, transfer to others, loss or waste of corporate assets due to any neglect of, or failure to perform, or other violation of his duties; (iii) the appropriation, in violation of his duties, of any business opportunity of the bank or trust company; (2) to enjoin a proposed unlawful conveyance, assignment

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or transfer of corporate assets or other unlawful corporate transaction, where there is sufficient evidence that it will be made; (3) to set aside an unlawful conveyance, assignment or transfer of corporate assets, where the transferee knew of its unlawfulness and is made a party to the action. (b) An action may be brought for the relief provided in this section, and in the provisions of section 41A-2215 relating to the liability of directors in certain cases, by the bank or trust company, or a receiver, trustee in bankruptcy, officer, director or judgment creditor thereof, or by a shareholder in accordance with section 41A-2010 and 41A-2011 relating to derivative actions. (c) No action shall be brought for the relief provided in this section more than four years from the time the cause of action accrued. (d) This section shall not limit any liability otherwise imposed by law upon any director or officer or any third party, provided that after April 1, 1975, Code section 22-4106, relating to improper dividends and liability of officers, shall no longer be applicable to officers or directors of banks or trust companies. 41A-2215. Liability of Directors in Certain Cases. (a) In addition to any other liabilities imposed by law upon directors of a bank or trust company: (1) directors of a bank or trust company who vote for or assent to the declaration of any dividend or other distribution of the assets of a bank or trust company to its shareholders which is not authorized by this Code or is contrary to any restrictions contained in the articles shall be jointly and severally liable to the bank or trust company for the amount of such dividend which is paid or the value of such assets which are distributed in excess of the amount of such dividend or distribution which could have been paid or distributed without a violation of the provisions of this Code or the restrictions in the articles to the extent that any

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depositor, creditor or shareholder of the bank or trust company has suffered damage as result thereof; and (2) the directors of a bank or trust company who vote for or assent to any distribution of assets of a bank or trust company to its shareholders during the voluntary liquidation of the bank or trust company without the payment and discharge of, or making adequate provisions for, all known debts, obligations, and liabilities of the bank or trust company shall be jointly and severally liable to the bank or trust company for the value of such assets which are distributed, to the extent that such debts, obligations and liabilities of the bank or trust company are not thereafter paid and discharged. (b) A director of a bank or trust company who is present at a meeting of its board of directors at which action on any corporate matter is taken shall be presumed to have assented to the action taken unless his dissent shall be entered in the minutes of the meeting or unless he shall file his written dissent to such action with the person acting as the secretary of the meeting before the adjournment thereof or shall forward such dissent by registered or certified mail to the secretary of the bank or trust company within twenty-four hours after the adjournment of the meeting. Such right to dissent shall not apply to a director who, being present at the meeting, failed to vote against such action. (c) A director shall not be liable under subsection (a) of this section if he relied and acted in good faith upon financial information of the bank or trust company represented to him to be correct by the president or the officer of the bank or trust company having charge of its books of account, or stated in a written report by an independent or certified public accountant or firm of such accountants fairly to reflect the financial condition of such bank or trust company, nor shall be so liable if in good faith in determining the amount available for any such dividend or distribution he considered the assets to be fairly represented on the books of the bank.

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(d) Any director against whom any claim shall be asserted under or pursuant to this section for the payment of a dividend or other distribution of assets of a bank or trust company, and who shall be held liable thereon, shall be entitled to contribution from the shareholders who accepted or received any such dividends or assets, knowing such dividend or distribution to have been made in violation of this Code, in proportion to the amounts received by them respectively. (e) Any director against whom any claim shall be asserted under or pursuant to this section shall be entitled to contribution from the other directors who voted for or assented to the action upon which the claim is asserted. (f) No liability under this section shall be asserted more than six years from the time the cause of action accrued. CHAPTER 41A-23. AMENDMENT OF ARTICLES. 41A-2301. Authorized Amendments. (a) A bank or trust company may, in the manner provided in this Chapter, amend its articles at any time in order to make any change therein which would then be authorized for inclusion in original articles under this Code including without limitation an amendment: (1) to adopt a new name permitted to be used under this Code; (2) to renew the term for which it is to exist or to provide for perpetual duration; (3) to change, add to or diminish the statement of its purpose or purposes; (4) to increase or diminish the aggregate number of shares which it has authority to issue or to reclassify the shares by changing the number, par value, designations, preferences, redemption provisions or relative, participating, optional or other special rights of the shares or the qualifications, limitations or restrictions of such rights,

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either with or without an increase or decrease in the number of shares; (5) to restate the articles in their entirety; (6) to change its location to a new location in the same county; (7) to change its location from one county to another provided that unless the bank or trust company already lawfully has offices in both counties, it may not retain banking or trust offices in the county from which it is moving; (8) in the case of a bank, to become a trust company; and, in the case of a trust company, to become a bank with or without retaining an existing capacity to engage in the banking or trust business as the case may be; or (9) in the case of a regulated certificated bank existing under the laws on April 1, 1975, to become a bank with all the rights and duties of a bank incorporated under this Code. (b) Articles restated in their entirety shall state the county of the current instead of the original place of business of the bank or trust company and need not state the names or other information concerning the first directors or the incorporators. 41A-2302. Proposal and Adoption of Amendments. (a) An amendment of the articles shall be proposed by adoption of a resolution by the board of directors, directing that it be submitted to a vote at a meeting of shareholders. (b) The resolution proposing an amendment or amendments shall contain the language of each amendment by setting forth in full the articles as they would be amended or any provision thereof as it would be amended or by setting forth in full any matter to be added to or deleted from the articles. A copy of the resolution or a summary

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thereof shall be included with the notice of the meeting required under Section 41A-107. (c) Except as provided in subsections (d) and (e), adoption of each amendment shall require the affirmative vote of the shareholders entitled to cast at least a majority of the votes which all shareholders are entitled to cast thereon and, if any class is entitled to vote thereon as a class, of the holders of at least a majority of the outstanding shares of such class. (d) If a proposed amendment would: (1) make any change in the preferences, redemption provisions, qualifications, limitations, restrictions or special or relative rights of the shares of any class adverse to such class; (2) increase or decrease the par value of the shares of any class; (3) increase the authorized number of shares of any class; (4) limit or deny the existing preemptive rights of the shares of any class; or (5) authorize a new class of shares, or increase the number of authorized shares of any class, senior or superior in any respect to the shares of any class previously authorized, the holders of the outstanding shares of such class shall be entitled to vote as a class on such amendment, regardless of any limitation stated in the articles on the voting rights of such class. (e) Any amendment for the purposes set forth in subsections (a) (6) through (a) (8) of section 41A-2301 shall require for its adoption the affirmative vote of at least two-thirds of all the shares entitled to vote thereon or of each class entitled to vote thereon where voting by class is required. 41A-2303. Articles of Amendment. (a) Upon the adoption

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of an amendment, articles of amendment shall be signed by two duly authorized officers of the bank or trust company under its seal and shall contain: (1) the name of the bank or trust company; (2) the county of its location; (3) whether it was incorporated with banking or trust powers or both; (4) the time and place of the meeting of shareholders at which the amendment was adopted and the kind and period of notice given to the shareholders; (5) the number of shares entitled to vote on the amendment and if the shares of any class are entitled to vote as a class, the number of shares of each such class; (6) the number of shares voted for or against the amendment and if shares of any class are entitled to vote as a class, the number of shares of each such class voted for and against the amendment; and (7) the amendment adopted which shall be set forth in full. (b) The articles of amendment shall be filed with the Secretary of State in triplicate together with: (1) the fee required by section 41A-3703; and (2) as soon as available, proof of publication of the advertisement required by section 41A-2304. The filing of articles of amendment shall constitute an application for a certificate of amendment. If the articles of amendment involve a change in the name of a bank or trust company, it shall reserve the proposed new name under the procedures of section 41A-602. 41A-2304. Advertisement; Referral to Department.

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When the articles of amendment are filed, the Secretary of State shall certify one of the copies thereof and deliver the same to the bank or trust company and shall then transmit another copy of the articles of amendment to the Department for investigation by it. The bank or trust company shall, in conformity with section 41A-108, cause to be published a copy of the articles of amendment or, in lieu thereof, a statement in substantially the following form: An application for a certificate of amendment of its articles of incorporation has been made by (name of bank or trust company) to the Secretary of State of Georgia in accordance with the applicable provisions of the Georgia Financial Institutions Code. The purpose (purposes) of said articles of amendment (is) (are) (state the purpose of each amendment affected by the articles of amendment). 41A-2305. Approval of Articles of Amendment. (a) Upon receipt of the articles of amendment, the Department shall conduct such investigation as it may deem necessary to determine: (1) that the articles of amendment and supporting items satisfy the requirements of this Code; (2) where the amendment would grant new powers or status to a bank or trust company, that the criteria for the granting of such powers or status as an original matter have been satisfied; (3) where the amendment decreases the capital stock of the institution, that the remaining capital stock will be adequate to support its anticipated banking or trust business; (4) where the amendment provides for a change to a new location within the same county, that the criteria for establishing a bank office at the new location have been satisfied; (5) where the amendment provides for a change in location to a new county, that the criteria for establishing a new bank in that county have been satisfied; and

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(6) that the interests of the shareholders, depositors and the public will not be impaired by the amendment. (b) Within sixty days after receipt of the articles of amendment, the Department shall in its discretion approve or disapprove the articles of amendment on the basis of its investigation and criteria set forth in subsection (a). If the Department shall approve the articles of amendment, it shall deliver its written approval to the Secretary of State and notify the bank or trust company of its action. If the Department shall disapprove the articles of amendment, it shall give written notice to the bank or trust company and to the Secretary of State, and shall furnish to the bank or trust company a statement generally setting out the unfavorable factors influencing its decision. The decision of the Department shall be conclusive except that it shall be subject to judicial review as provided in section 41A-401. 41A-2306. Issuance of Certificate of Amendment. If all the fees and charges required by law have been paid and, in the case of a change of name, if the proposed new name of the bank or trust company continues to be reserved or is available on the records of the Secretary of State, upon the receipt by the Secretary of State of the written approval of the Department and of proof of publication of the amendments as required by section 41A-2304, the Secretary of State shall immediately issue to the bank or trust company a certificate of amendment and shall retain a copy thereof along with the approved articles of amendment, the written approval of the Department, and the proof of publication. 41A-2307. Effect of Certificate of Amendment. (a) As of the issuance of the certificate of amendment by the Secretary of State, each amendment shall become effective, and the articles shall be deemed to be amended accordingly. (b) The certificate of amendment shall be conclusive evidence of the performance of all conditions required by this Code for amendment of articles except as against the State. (c) No amendment shall affect any existing cause of

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action in favor of or against the bank or trust company, any pending action in which the bank or trust company is a party or existing rights of persons other than shareholders. If the amendment changes the name of the bank or trust company, no action by or against the institution shall be abated for that reason. CHAPTER 41A-24. MERGER AND CONSOLIDATION OF STATE BANKS. 41A-2401. Authority to Merge or Consolidate. (a) Upon compliance with the requirements of this Chapter and other applicable laws, one or more banks or trust companies may merge or consolidate, provided that an institution exercising trust powers alone may merge or consolidate only with another such trust company. (b) A corporation other than a bank or trust company may be merged into or consolidated with a bank or trust company provided that: (1) the resulting institution is a Bank or trust company; (2) the resulting institution holds only assets and liabilities and is engaged only in activities which may be held or engaged in by a bank or trust company; (3) the merger or consolidation is not otherwise unlawful. (c) A merger or consolidation pursuant to subsection (b) shall be made by compliance with the requirements of this Chapter. The provisions of Title 22 of the Code of Georgia shall not be applicable to such a merger or consolidation. 41A-2402. Requirements for Merger or Consolidation Plan. The requirements for a merger or consolidation which must be satisfied by the parties thereto are as follows: (a) The parties shall adopt a plan stating the method, terms and conditions of the merger or consolidation, including the rights under the plan of the shareholders of

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each of the parties, and any agreement concerning the merger or consolidation. Said plan shall specify: (1) the name that such bank or trust company shall have, upon and after such merger or consolidation, which may be the name of any one of the institutions or the combined names of two or more of the institutions, or such other name as stated; (2) the persons who shall constitute the board of directors of the bank or trust company after the merger or consolidation; (3) the manner and basis of converting the shares of each merged or consolidated institution into shares or other securities or obligations of the surviving bank or trust company and, if any shares of any of the merged or consolidated institutions are not to be converted solely into shares or other securities of the surviving bank or trust company, 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 or trust company; and (4) such other provisions with respect to the proposed merger or consolidation as are deemed desirable. (b) Adoption of the plan by each party thereto shall require the affirmative vote of at least: (1) a majority of the directors; and (2) the shareholders entitled to cast two-thirds of the votes which all shareholders are entitled to cast thereon, and, if any class of shares is entitled to vote thereon as a class, the holders of at least two-thirds of the outstanding shares of such class, at a meeting of shareholders. The notice shall include a copy or summary of the plan and a full statement of the rights and remedies of dissenting

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shareholders, the method of exercising them and the limitations on such rights and remedies. (c) Any modification of a plan which has been adopted shall be made by any method provided therein, or, in the absence of such provision, by the same vote as that required for adoption. 41A-2403. Articles of Merger and Consolidation; Referral. (a) Upon adoption of the plan of merger or consolidation as provided in the preceding Section, the parties to the merger or consolidation shall file in duplicate with the Secretary of State articles of a merger or consolidation as required by this Section, together with the fee required by section 41A-3703. (b) The articles of merger or consolidation shall be signed by two duly authorized officers of each party to the plan under their respective seals and shall contain: (1) the names of the parties to the plan and of the resulting bank or trust company; (2) the county of the location of the registered office of each; (3) the votes by which the plan was adopted and the time, place and notice of each meeting in connection with such adoption; (4) the names and addresses of the first directors of the resulting bank or trust company; (5) in the case of a merger, any amendment of the articles of the resulting bank or trust company; (6) in the case of a consolidation, the provisions required in articles of a new bank or trust company by subparagraphs (3), (4), (5), (6) and (9) of subsection (a) of section 41A-1803; and (7) the plan.

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(c) In the event the plan is amended as provided in the preceding Section, the parties shall promptly file in duplicate with the Secretary of State an amendment to the articles of consolidation or merger reflecting such amendment of the plan. (d) Upon receipt of articles of consolidation or merger and the fees required by subsection (a), the Secretary of State shall promptly refer one copy of said articles to the Department for investigation. 41A-2404. Filings with Department; Publication of Notice. (a) The parties to the plan shall also file with the Department: (1) information desired by the Department in order to evaluate the proposed merger or consolidation which shall be made available in the form specified by the Department; (2) applicable fees established by regulation of the Department to defray the expenses of the investigation required by section 41A-2405; and (3) if the merger or consolidation involves the adoption of a new name, a certificate of the Secretary of State reserving said name under section 41A-602. (b) The parties to the plan shall publish, in the manner required by section 41A-108, a notice of the proposed merger or consolidation. Such notice shall contain the names of the institutions which are parties to the proposed merger or consolidation and the proposed name of the surviving bank or trust company and shall designate a place where a copy of the articles of merger or consolidation may be examined. The notice shall be published in each county in which the parties to the plan have offices engaged in the banking or trust business, or in the case of a party which is not a bank or trust company, in the county where the registered office of the corporation, if any, is located. The parties shall file with the Department an affidavit of the newspaper publisher or his agent attesting that the publication required by this subsection has occurred.

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41A-2405. Approval by Department. (a) Upon receipt of the articles of consolidation or merger and the filings required by subsection (a) of the preceding Section, the Department shall conduct such investigation as it may deem necessary to ascertain whether: (1) the articles of merger or consolidation and supporting items satisfy the requirements of this Code; (2) the plan and any modification thereof adequately protect the interests of depositors, other creditors and shareholders; (3) the requirements for a merger or consolidation under all applicable laws have been satisfied and the resulting bank or trust company would satisfy the requirements of this Code applicable to it; and (4) the merger or consolidation would be consistent with adequate and sound banking or fiduciary practice and in the public interest on the basis of: (i) the financial history and condition of the parties to the plan, (ii) their prospects, (iii) the character of their management, and (iv) the convenience and needs of the area primarily to be served by the resulting institution. (b) Within ninety days after receipt of the articles of merger or consolidation and the filings required by section 41A-3703, or within an additional period of not more than thirty days after an amendment to the application is received within the initial ninety-day period, the Department shall in its discretion approve or disapprove the articles on the basis of its investigation and the criteria set forth in subsection (a). The Department shall, except as provided in section 41A-2406, give to the Secretary of State and the parties to the plan written notice of its decision and, in the

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event of disapproval, a statement in general to the parties of the reasons for its decision. The decision of the Department shall be conclusive except that it may be subject to judicial review as provided in section 41A-401. 41A-2406. Procedure after Approval by the Department; Issuance of Certificate of Merger or Consolidation. (a) If the laws of the United States require the approval of the merger or consolidation by any federal agency, the Department may at its option, after its approval, retain its notice to the Secretary of State until it receives notice of the decision of such agency. If such agency shall refuse to give its approval, the Department may at its option notify the parties to the plan that the Department's approval has been rescinded for that reason. If such agency gives its approval, the Department shall immediately deliver its written approval to the Secretary of State for issuance of a certificate of merger or consolidation by the Secretary of State and shall notify the parties to the plan. (b) If all the taxes, fees and charges required by law shall have been paid and if the name of the resulting bank or trust company continues to be reserved or is available on the records of the Secretary of State, upon receipt of the written approval of the Department, the Secretary of State shall immediately issue to the resulting bank or trust company a certificate of merger or consolidation with the approved articles of merger or consolidation attached thereto and shall retain a copy of such certificate, articles, and approval by the Department. In the case of a merger or consolidation with a corporation whose articles have been granted by a superior court of this State, the resulting bank or trust company shall file a certified copy of such certificate of merger or consolidation with the clerk of said superior court. 41A-2407. Effect of Merger or Consolidation. (a) As of the issuance of the certificate of merger or consolidation by the Secretary of State, the merger or consolidation shall be effective. (b) The certificate of merger or consolidation shall be

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conclusive evidence of the performance of all conditions precedent to the merger or consolidation and of the existence or creation of the bank or trust institution, except as against the State. (c) When a merger or consolidation becomes effective, the existence of each party to the plan, except the resulting bank or trust company, shall cease as a separate entity but shall continue in, and the parties to the plan shall be, a single corporation which shall be the bank or trust company and which shall have, without further act or deed, all the property, rights, powers, trusts, duties and obligations of each party to the plan. (d) The articles of the resulting bank or trust company shall be, in the case of a merger, the same as its articles prior to the merger with any change stated in the articles of merger, or in the case of a consolidation, the provision stated in the articles of consolidation. (e) The resulting bank or trust company shall have the authority to engage only in such business and exercise only such powers as are then permissible upon original incorporation under this Code and shall be subject to the same prohibitions and limitations as it would then be subject to upon original incorporation, except that it may engage in any business and exercise any right that any bank or trust company which is a party to the plan could lawfully exercise or engage in immediately prior to the merger or consolidation. (f) No liability of any party to the plan or of its shareholders, directors, or officers shall be affected, nor shall any lien on any property of a party to the plan be impaired, by the merger or consolidation. Any claim existing or action pending by or against any party to the plan may be prosecuted to judgment as if the merger or consolidation had not taken place or the resulting bank or trust company may be substituted in its place. 41A-2408. Rights of Dissenting Shareholders; Surrender of Certificates: (a) A shareholder of a bank or trust company

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which is a party to a plan of proposed merger or consolidation under this Chapter who objects to the plan shall be entitled to the rights and remedies of a dissenting shareholder as determined under the provisions of Code section 22-1202, relating to the rights of dissenting shareholders. (b) The bank or trust company into which the other or others have been merged or consolidated, as the case may be, shall have the right to require the return of the original certificates of stock held by each shareholder in each or either of the institutions, and in lieu thereof: (1) to issue to each shareholder new certificates for such number of shares of the institution into which the others shall have been merged, or consolidated, or (2) to cause to be paid or delivered to each shareholder the amount of cash or securities of any other corporation, or combination of cash and such securities as, under the plan of merger or consolidation, the said shareholder may be entitled to receive. CHAPTER 41A-25. CONVERSIONS, MERGERS, AND CONSOLIDATIONS INVOLVING NATIONAL BANKS. 41A-2501. Authority for National to State Conversions, Mergers and Consolidations. Subject to the provisions of this Chapter, a national bank located in this State may convert into, or merge or consolidate with, a bank or trust company upon: (a) Compliance with the applicable laws of the United States including any provisions thereof relating to approval of said conversion, merger, or consolidation by the shareholders and directors of the national bank and to dissenting rights of shareholders in such national bank. (b) Adoption of any plan of merger or consolidation by the directors and shareholders of any party thereto existing under the laws of this State as required by section 41A-2402(b).

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(c) Approval of the conversion, merger or consolidation by the Department as provided in this Chapter. (d) Issuance of the appropriate certificate by the Secretary of State as provided in this Chapter. 41A-2502. Articles of Conversion, Merger or Consolidation. (a) The party or parties desiring to consummate a conversion, merger or consolidation authorized by the preceding section shall, upon requisite approval of the plan by their directors and shareholders, file with the Secretary of State, in triplicate, articles of conversion, merger, or consolidation, together with the fee required by section 41A-3702. The Secretary of State shall promptly forward one copy of said articles to the Department for investigation. (b) The articles of conversion shall be signed by two duly authorized officers of the national bank under its seal and shall contain: (1) its name and the name of the resulting bank or trust company; (2) the county of its location; (3) the location where its initial registered office will be located; (4) the votes by which the plan of conversion was adopted and the time, place and notice of each meeting in connection with such adoption; (5) the names and addresses of the first directors of the resulting bank or trust company; (6) the provisions required in articles of a new bank or trust company by subparagraphs (3), (4), (5), (6), and (9) of subsection (b) of section 41A-1803; and (7) the plan of conversion. (c) The articles of merger or consolidation shall be in the form specified by section 41A-2403(b).

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41A-2503. Filings with Department; Publication of Notice. (a) In the case of a merger or consolidation, the parties shall make the filings and publication required by section 41A-2404. (b) In the case of a conversion, the national bank shall also file with the Department: (1) information desired by the Department in order to evaluate the proposed conversion in the form specified by the Department; and (2) applicable fees established by regulation of the Department to defray the expenses of its investigation under section 41A-2504; (3) a certificate of the Secretary of State showing the proposed name of the resulting bank or trust company has been reserved under section 41A-602. (c) In the case of a conversion, the national bank shall publish, in the manner prescribed by section 41A-108, a notice of the proposed conversion setting forth its name and the name it proposes to use as a bank or trust company and designating the place where a copy of the plan of conversion may be examined. The notice shall be published in each county in which the national bank has an office engaged in the banking or trust business. The national bank shall file with the Department an affidavit of the newspaper publisher, or his agent, attesting that the publication required by this subsection has occurred. 41A-2504. Approval by Department. (a) Upon receipt of the articles of conversion, merger or consolidation from the Secretary of State, the Department shall conduct such investigation as it may deem necessary to ascertain whether: (1) in the case of a conversion: (i) the articles of conversion and supporting items satisfy the requirements of this Code;

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(ii) the plan adequately protects the interests of depositors, other than creditors and shareholders; and (iii) the requirements for a conversion under all applicable laws have been satisfied and the resulting institution would satisfy the requirements of this Code applicable to it; and (2) in the case of a merger or consolidation, the criteria stated in section 41A-2505 (a) are satisfied. (b) Within ninety days after receipt of the articles and the filings required by section 41A-2503, the Department shall, in its discretion, approve or disapprove the articles on the basis of its investigation and the criteria set forth in subsection (a). If the Department shall approve the articles, it shall deliver its written approval to the Secretary of State and notify the national bank, and any other parties to the plan, of its action; provided that, if approval of any federal agency is required, the Department may withhold, at its option, its approval from the Secretary of State until such federal approval is given. If required federal approval is not given, the Department may, at its option, withdraw its approval for this reason. If the Department shall disapprove, at its option, the application, it shall give written notice to the Secretary of State and to the national bank and any other parties to the plan of its disapproval and a statement to them generally of the reasons for its decision. The decision of the Department shall be conclusive, except that it may be subject to judicial review under section 41A-401. 41A-2505. Issuance of Certificate. If all the taxes, fees and charges required by law shall have been paid and if the name of the resulting bank or trust company continues to be reserved or is available on the records of the Secretary of State, upon the receipt of the written approval of the Department the Secretary of State shall immediately issue to the resulting bank or trust company a certificate of conversion, consolidation or merger and shall retain a copy of such certificate, the articles and the approval from the Department.

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41A-2506. Effect of Issuance of Certificate. (a) Issuance of a certificate of merger or consolidation shall have the same effect stated in section 41A-2407. (b) Issuance of a certificate of conversion shall have the following effect: (1) as of the issuance of the certificate of conversion by the Secretary of State, the conversion shall become effective; (2) the certificate of conversion shall be conclusive evidence of the performance of all conditions required by this Code for conversion of a national bank into a State bank or trust company, except as against the State; (3) when a conversion becomes effective, the existence of the national bank shall continue in the resulting bank or trust company which shall (except as provided in subsection (2)) have, without further act or deed, all the property, rights, powers, trusts, duties, and obligations of the national bank; (4) the articles of the resulting institution shall be the provisions stated in the articles of conversion; (5) the bank or trust company shall have the authority to engage only in such business and exercise only such powers as are then permissible upon original incorporation under this Code and shall be subject to the same prohibitions and limitations as it would then be subject to upon original incorporation; (6) no liability of the national bank or of its shareholders, directors or officers shall be affected, nor shall any lien on any property of the national bank be impaired, by the conversion. Any claim existing or action pending by or against the national bank may be prosecuted to judgment as if the conversion had not taken place or the resulting bank or trust company may be substituted in its place. 41A-2507. Authority for State to National Conversions,

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Mergers or Consolidations. (a) A bank or trust company may convert into, or merge or consolidate with, a national bank upon: (1) authorization by and compliance with the laws of the United States; and (2) adoption of a plan of conversion, merger or consolidation by the affirmative vote of at least: (i) a majority of its directors; and (ii) the holders of two-thirds of each class of its shares at a meeting held upon not less than ten days' notice to all shareholders. (b) A State bank or trust company which converts into or merges or consolidates with a national bank shall: (1) notify the Department of the proposed conversion, merger or consolidation; (2) provide such evidence of the adoption of the plan of conversion, merger or consolidation as the Department may request; (3) notify the Department of any abandonment or disapproval of the plan; and (4) file with the Department and with the Secretary of State a certificate of the approval of the conversion, merger, or consolidation by the Comptroller of the Currency of the United States. (c) Conversion, merger, or consolidation of a State institution into a national banking association shall be effective upon completion of the requirements in subsection (b) of this section and its charter as an institution existing under the laws of this State shall be automatically terminated. 41A-2508. Authority for Merger or Consolidation of Non-Bank Entities into National Banks. A national bank located

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in this State may merge or consolidate with a corporation other than a bank or trust company provided that: (a) such merger or consolidation is permitted by the laws of the United States and such laws are complied with; (b) the laws governing the merger or consolidation of such corporation are complied with; (c) the resulting institution is a national bank; (d) the resulting institution holds only assets and liabilities, and engages only in activities that may be held or engaged in by a national bank located in this State; (e) the merger or consolidation is not otherwise unlawful. CHAPTER 41A-26. SALE AND OTHER DISPOSITION OF ASSETS. 41A-2601. Secured Transactions and Other Dispositions of Assets Not Requiring Shareholder Approval. (a) Unless the articles or bylaws otherwise provide, the board of directors may authorize any of the following transactions without any vote or consent of the shareholders: (1) any mortgage or pledge of, or creation of a security interest in, or conveyance of title to, all or any part of the property and assets of the bank or trust company of any description, or any interest therein, for the purpose of securing the payment or performance of any contract, note, bond, or other obligation of the bank or trust company; (2) any sale, lease, exchange or other disposition of less than substantially all the property and assets of the bank or trust company. (b) Any transaction made as permitted by this Section without any vote or consent of the shareholders may be upon such terms and conditions and for such consideration as the board may deem to be in the best interests of the bank or trust company.

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41A-2602. Sale, Lease, Exchange, or Other Disposition of Assets Requiring Shareholder Approval. A sale, lease, exchange, or other disposition of all, or substantially all, the property and assets, with or without the good will, of a bank or trust company, in all cases other than those dealt with in Section 41A-2601 regarding secured transactions, may be made upon such terms and conditions which are otherwise legal and which shall be authorized in the following manner: (a) The board of directors shall adopt a resolution recommending such sale, lease, exchange, or other disposition, specifying to the extent that the board sees fit any or all of the terms and conditions thereof and the consideration to be received by the bank or trust company therefor, and directing the submission thereof to a vote at a meeting of shareholders, which may be either an annual or a special meeting. (b) Written notice shall be given to each shareholder of record, whether or not entitled to vote at such meeting, in the manner provided in section 41A-107, and, whether the meeting be an annual or a special meeting, shall state that the purpose, or one of the purpose, is to consider the proposed sale, lease, exchange, or other disposition. The notice shall fairly summarize the material features of the proposed transaction, and shall contain where applicable a clear and concise statement that if the sale, lease, exchange, or other disposition is effected, shareholders may claim the rights of dissenting shareholders under this Code. (c) At such meeting the shareholders may authorize such sale, lease, exchange, or other disposition and may approve or fix, or may authorize the board of directors to fix, any or all of the terms and conditions thereof and the consideration to be received by the bank or trust company therefor. Such authorization shall require the affirmative vote of the holders of a majority of the shares of the corporation entitled to vote thereon, unless any class of shares is entitled to vote thereon as a class, in which event such authorization shall require the affirmative vote of the holders of a majority of the shares of each class of shares entitled to

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vote thereon as a class and of the total shares entitled to vote thereon. Any class of shares shall be entitled to vote as a class if the resolution proposing the sale, lease, exchange or other disposition contains any provision which, if contained in a proposed amendment to the articles, would entitle such class of shares to vote as a class. (d) If the shareholders approve the proposed sale or other disposition, the bank or trust company shall make application to the Department for approval thereof in such form as may be specified by the Department. The Department shall in its discretion approve the sale or other disposition if the proposal is in conformity with law, and if the interests of the public, depositors, trust beneficiaries, and other creditors of the bank or trust company are adequately protected. (e) After such authorization by a vote of shareholders and the Department, the board of directors nevertheless, in its discretion, may abandon such sale, lease, exchange, or other disposition of assets, subject to the rights of third parties under any contracts relating thereto, without further action or approval by shareholders. (f) In the case of a sale, lease, exchange or other disposition of all, or substantially all, the property and assets of a bank or trust company, a notice shall be published in each county in which the bank or trust company has an office engaged in the banking or trust business in the manner prescribed by section 41A-2503 (c). 41A-2603. Right of Dissent. A shareholder of a bank or trust company shall have the right to dissent from any sale, lease, exchange or other disposition of all, or substantially all, the property and assets of a bank or trust company pursuant to Section 41A-2602, except for a sale wholly for cash where the shareholders' approval thereof is conditional upon the distribution of all, or substantially all, of the net proceeds of the sale to the shareholders in accordance with their respective interests within one year after the date of the sale. The shareholders' right of dissent shall be exercised

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as provided in Code section 22-1202, relating to the rights of dissenting shareholders. CHAPTERS 41A-27 through 41A-29 RESERVED. PART III. CREDIT UNIONS. CHAPTER 41A-30. GENERAL PROVISIONS AND ORGANIZATION. 41A-3001. Initial Subscribers; Articles; Filings. (a) Any number of persons, not less than eight, having a common bond as hereinafter described, may incorporate for the purpose of organizing a credit union in accordance with the provisions of this Chapter. The persons so desiring to become incorporated shall execute articles which shall set forth the following: (1) the name of the proposed credit union; (2) the territory in which it will operate; (3) the location where its initial registered office will be located; (4) the names and addresses of the subscribers, their occupation, length of service, and that each has subscribed to one share and paid for same; (5) the names and addresses of the original directors; (6) the proposed field of membership specified in detail and having the same common bond as the subscribers; (7) that the purpose and nature of the business are to conduct a credit union with the rights and powers granted by this Chapter; and (8) the term of the existence of the credit union which shall be perpetual unless otherwise limited. (b) For purposes of this Chapter, common bond is described

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as that specific relationship of occupation, association or interest, or residence within a well-defined neighborhood, community, or rural district, employees of a common employer, or members of a bona fide cooperative, educational, fraternal, professional, religious, rural or similar organization, which tends to create a mutual interest between persons sharing the relationship. Persons related by blood, adoption or marriage to, and living in the same household with, a person within the aforedescribed common bond, and the surviving spouses of deceased members shall also be considered within the common bond. (c) The subscribers shall file the articles in triplicate with the Secretary of State together with the fee specified in section 41A-3703. The Secretary of State shall certify one copy of the articles and return it to the subscribers, and he shall forward one copy of the articles to the Department for investigation. 41A-3002. Filings with Department. The subscribers shall also: (a) File with the Department a certificate of the Secretary of State attesting that the name of the proposed credit union has been reserved as authorized by section 41A-602. (b) File with the Department two copies of proposed bylaws setting forth the following: (1) the date of the annual meeting which shall be in the first quarter of each year, the manner of conducting the same, the number of members constituting a quorum and regulations as to voting, and the manner of notification of the meeting which shall comply with Section 41A-107, except that if the credit union maintains an office and the board of directors so determines, notice of the annual meeting or of any special meeting may be given by posting such notice in a conspicuous place in the office of the credit union at least ten days prior to such meeting; (2) the number of directors, not less than five, all of whom must be members, their powers and duties, together

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with the duties of the officers elected by the board of directors; (3) the qualifications for membership of those coming within the defined common bond as required by this Chapter; (4) the number of members of the credit committee and of the supervisory committee, not less than three each, together with their respective powers and duties; (5) the conditions under which shares may be issued, paid for, transferred and withdrawn, deposits received and withdrawn, loans made and repaid, and funds otherwise invested; and (6) the charges which shall be made, if any, for failure to meet obligations punctually, whether or not the credit union shall have the power to borrow, the method of receipting for money; the manner of accumulating a reserve; the manner of determining and paying interest and dividends and such other matters consistent with this Chapter as may be requisite to the organization and operation of the proposed credit union. (c) Pay such fee as shall be established by regulation of the Department to defray the cost of the investigation required by the next Section of this Code, provided that the Department shall not be required to set such fee if in its judgment the fee would discourage the organization of credit unions under this Chapter. 41A-3003. Approval by Department. (a) The Department shall make an appropriate investigation of the articles and bylaws for the purpose of determining: (1) whether the articles and bylaws conform to provisions of this Chapter; (2) the general character and qualifications of the subscribers, and the financial stability and future prospects of the sponsoring company, if any;

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(3) the economic advisability of establishing the proposed credit union, and such other facts and circumstances bearing on the proposed credit union as in the opinion of the Department may be relevant; (4) that a common bond exist in accordance with the provisions of section 41A-3001; and (5) that the subscribers and person or corporation sponsoring the credit union are in agreement as to the services, if any, that the sponsor will provide. (b) If the Department determines to its satisfaction that the proposed credit union meets the criteria set forth above, it shall, within ninety days from receipt of the articles and in compliance with section 41A-3002, send written approval of the articles to the Secretary of State after making such changes in the articles or bylaws consistent with this Chapter and with the consent of the subscribers that it deems appropriate. If the Department shall disapprove the articles, the procedures of section 41A-3006(b) shall be followed. (c) Upon receipt of the approval of the Department, the Secretary of State shall thereupon issue a certificate attesting to the incorporation of the credit union. The credit union shall, however, confine itself to organizational activities until it receives a permit to do business. 41A-3004. Subscribers Organizational Meeting; First Directors' Meeting; Permit to do Business. (a) Upon receipt of said certificate of incorporation from the Secretary of State, the initial subscribers shall meet for the purpose of organizing the credit union. Notice of the meeting shall be given at least five days prior to the date of the meeting. At said meeting, or adjourned meeting, subscribers shall accept said certificate and bylaws, noting such acceptance on the minutes of the meeting, and proceed to organize by the election of a board of directors, a credit committee and a supervisory committee to serve until the first annual meeting. (b) Immediately following the organizational meeting of

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the subscribers, the board shall hold its first meeting at which time a president, vice president, secretary and treasurer shall be elected from its own number to serve until the first annual meeting. The officers shall hold office for one year and until their successors are elected and qualified. An officer elected to fill an unexpired term shall be elected for the balance of said term. The board may elect such other officers as the bylaws may provide. (c) When the organization has been completed the credit union shall file with the Department an affidavit attested by the president stating that the actions required by subsections (a) and (b) of this section have been performed and that the credit union is ready to commence business. Upon receipt of the affidavit, the Department shall issue to the credit union a permit to commence business. 41A-3005. Amendment of Articles and Bylaws. (a) A credit union may, upon the affirmative vote of two-thirds of its members present at a duly called meeting, amend articles or bylaws to introduce any change which would then be permissible in original articles of a credit union, including a change in name or extension or limitation of its duration. (b) Every proposed amendment of the articles shall be filed in triplicate with the Secretary of State together with the fee specified in section 41A-3703, and the Secretary of State shall thereupon transmit a copy of the proposed amendment to the Department. Proposed amendments of the bylaws shall be filed with the Department. (c) No amendment of the articles or the bylaws shall become effective until the Department's written approval is received by the credit union. 41A-3006. Procedures for Department. (a) The Department shall in its discretion approve or disapprove of proposed amendments to the articles or to the bylaws within ninety days after they are submitted by the Secretary of State or credit union and shall, within that time, so advise

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the Secretary of State and credit union in writing of its approval or disapproval. (b) If the Department should disapprove any articles or proposed amendments to articles or bylaws, it shall state the reasons for its disapproval. The subscribers or credit union shall have reasonable time, not more than ninety days from the date of disapproval, or such additional time as the Department may allow, to correct any matters causing its disapproval. If such matter is corrected, the Department shall then advise the Secretary of State and credit union in writing of its approval, or the credit union alone in writing of its approval in the case of amendment of the bylaws. (c) Final action by the Department in approving or disapproving articles or amendments thereto or to the bylaws shall be conclusive except as it may be subject to judicial review under section 41A-401. 41A-3007. Effect on Existing Charters. (a) Nothing in this Code shall be construed to impair the validity of the charter of a credit union existing on April 1, 1975. (b) Each credit union existing on April 1, 1975, shall have perpetual duration unless its articles are amended under this Code to provide for a limited period of duration. CHAPTER 41A-31. OPERATION AND REGULATION. 41A-3101. Powers. A credit union shall have, in addition to the powers common to all corporations under the laws of this State, the following powers: (a) It may receive funds from its members in the form of shares and deposits on accounts or as evidenced by certificates of deposit issued by the credit union but shall not have the power to have deposits subject to check. (b) It may receive deposits from non-members in such manner as the bylaws may provide.

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(c) It may make loans to members through its credit committee, or authorized loan officer pursuant to section 41A-3109. (d) It may also invest, through its board of directors, funds not used in loans to members, in the following manner: (1) obligations of the United States including bonds and securities upon which payment of principal and interest is fully guaranteed by the United States, obligations issued by Banks for Cooperatives, Federal Land Banks, Federal Intermediate Credit Banks, Federal Home Loan Banks, the Federal Home Loan Bank Board, or any corporation designated in Section 841 of Title 31 of the United States Code as a wholly-owned government corporation; or in obligations, participations, or other instruments of or issued by, or fully guaranteed as to principal and interest by the Federal National Mortgage Association or the Government National Mortgage Association; (2) general and direct obligations of the State of Georgia, its counties, districts, and municipalities, which have been validated as provided by law, but no more than twenty-five percent of the shares and deposits of a credit union shall be invested in the obligations of any one such obligor; (3) in loans to other credit unions but loans to any one credit union shall not exceed ten percent of the shares, deposits, and surplus of the investing credit union; (4) may deposit its funds in banks, building and loan associations, savings and loan associations and credit unions and may purchase certificates of deposit and savings certificates which such financial institutions are authorized to issue, to the extent provided in regulations issued by the Department; and (5) any other types of investments authorized by the Department, provided such investments shall not, in the aggregate, exceed ten percent of the shares, deposits, and surplus of the investing credit union.

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(e) It may borrow from any source, but the total of such borrowings shall at no time exceed fifty percent of paid-in shares, deposits, and surplus. (f) It may undertake other activities which are not inconsistent with the provisions of this Code or regulations adopted pursuant thereto. (g) It may organize and engage in business without having any stated amount of capital subscribed or paid in other than that derived from the subscribers' qualifying shares, and may commence business with only such capital authorized and paid in as may be provided in its by laws, and may provide for the payment and withdrawal thereof as and in the manner provided by its bylaws. (h) It may purchase, hold and convey real estate for the following purposes only: (1) such real estate as shall be necessary for the convenient transaction of its business, subject to the prior approval of the Department; (2) such real estate as shall be conveyed to it in satisfaction of debt previously contracted in the course of its business; and (3) such real estate as it shall purchase at sales under judgments, decrees, or mortgage foreclosures pursuant to mortgages or security deeds held by it. (i) No real estate acquired in the cases provided for by subparagraphs (h) (2) and (h) (3) and no real estate which has ceased to be used as credit union premises shall be held for a longer period than five years, unless the time shall be extended by the Department. 41A-3102. Membership; Shares. (a) The membership of the credit union shall consist of the initial subscribers and such other persons within the field of membership as may be duly elected and have subscribed to one share and have paid for same together with the required entrance fee and

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complied with all other requirements contained in the bylaws. No subscriber or other member shall hold more than one share in the credit union. The par value of all shares shall be $5.00. (b) Societies, associations, partnerships and corporations composed of persons who are eligible for membership may be admitted to membership in the same manner and under the same conditions as such person. (c) A person or corporation who leaves the field of membership may be permitted to retain his membership in the credit union at the discretion of the board of directors. 41A-3103. Special Shares and Deposits. (a) A share may be issued and deposits received jointly in the names of a member and a non-member with right of survivorship, but no joint tenant shall be permitted to vote, obtain loans, or hold office unless he is within the field of membership and is a qualified member. (b) A share may be issued and deposits received in the name of a minor and in trust in such way and manner as the bylaws may provide. 41A-3104. Expulsions and Withdrawals, Disposition of Deposits. At any regular or called meeting of the members, by a two-thirds vote of those present, the members may expel from the credit union any member thereof. A member may withdraw from a credit union and a non-member may withdraw deposits as hereinafter provided, by filing a written notice of such intention. All deposits of an expelled or withdrawing member with any interest accrued shall be paid to such member, subject to sixty days' notice, and after deducting any amounts due to the credit union by such member. Said expelled or withdrawing member shall have no further right in said credit union or to any of its benefits, but such expulsion or withdrawal shall not operate to relieve said member from any remaining liability to the credit union. 41A-3105. Capital; Right to Offset; Cancellation of

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Shares. The capital of the credit union shall consist of the payments that have been made to it by the members on their qualifying shares. A credit union shall have a lien on a member's shares and deposits and on dividends or interest payable thereon for and to the extent of any loan made by it to such member and of any dues and fines payable to it by such member. A credit union shall, upon the resignation or expulsion of a member, cancel the shares, deposits or dividends or interest due thereon and may apply the withdrawal value of such funds toward the liquidation of such member's indebtedness. 41A-3106. Board of Directors; Credit and Supervisory Committees. At the annual meeting the members shall elect a board of directors, a credit committee and supervisory committee. No member of the board may be a member of the supervisory committee, but any member of the board may be a member of the credit committee. All members of the board, all members of the committees, and all officers shall be sworn to faithfully perform the duties of their several offices in accordance with provisions of this Chapter and the bylaws or as otherwise lawfully established. The oaths shall be subscribed in writing and a copy thereof shall be retained in the office of the credit union. 41A-3107. Duties of Directors. The board of directors shall be responsible for the affairs, funds, and records of the credit union and shall meet as often as necessary, but at least once during ten different months of each calendar year. Unless the bylaws specifically reserve any or all of the duties to the members, it shall be the special duty of the directors: (a) to act upon all applications for membership; (b) to determine from time to time rates of interest and dividends which shall be allowed on deposits and charged on loans consistent with this Chapter and other applicable laws; (c) to fix the amount of the fidelity bond which shall be required of all officers, employees, agents or members

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having custody of funds, properties or records; provided, however, that the amount of such fidelity bond shall not be less than such minimum requirements as shall be prescribed by regulation of the Department and shall be in such form as may from time to time be approved by the Department; (d) to fix within the restrictions imposed by statute the minimum amount of deposits which may be made by, and the maximum amount that may be loaned to, one member; (e) to fill vacancies on the board of directors and credit committee until the election and qualification of a successor; (f) to have charge of the investment of funds of the credit union other than loans to members within the restrictions imposed by statute; and (g) to perform such other duties as the members may from time to time authorize. 41A-3108. Duties of Supervisory Committee; Comprehensive Annual Audit. (a) The supervisory committee shall supervise the acts of the board of directors, credit committee and officers, any or all of whom the supervisory committee may, at any time by a unanimous vote, suspend. Within seven days after such suspension, the supervisory committee shall cause notice to be given to the members and to the Department of a special meeting to take action on such suspension; such notice shall clearly indicate the purpose of the meeting. By a majority vote the committee may call a meeting of the members to consider any violation of this Chapter or of the bylaws or any practice of the credit union which, in the opinion of the committee, is unsafe or unauthorized. Notice of such meeting shall also be given to the Department. The committee may fill vacancies in its own number until the next meeting of the members. (b) At frequent intervals, the supervisory committee shall make or cause to be made an inspection of the assets and the liabilities of the credit union. At least once each calendar year the supervisory committee shall make or cause to be made a comprehensive audit and submit same at the

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next annual meeting of the members of the credit union. The supervisory committee may employ the services of an independent accountant or firm of such accountants to make such examinations and audits as required by this section. The annual audit shall include a confirmation of the share, deposit, and loan accounts of the members. All reports on audits by the committee or an independent accountant shall be preserved with the records of the credit union. 41A-3109. Loans. (a) Credit unions may lend money to their members at reasonable rates of interest, which shall not exceed one and one-fourth percent each month on the unpaid balance, for such purposes as may be approved by the credit committee or the loan officer. (b) The credit committee shall hold such meetings as the business of the credit union may require and not less frequently than once a month to consider applications for loans. Reasonable notice of such meetings shall be given to all members of the committee. No loan shall be made unless it is approved by a majority of the entire committee; except that the credit committee may appoint one or more loan officers and delegate to him or them the power to approve loans within the limits as set by said committee. A record of loans approved by each loan officer shall be made available to the credit committee upon request by it. All loans not acted upon by a loan officer shall be acted upon by the credit committee. No person shall have the authority to disburse funds of the credit union for any loan which has been approved by him in his capacity as a loan officer. Not more than one member of the credit committee may be appointed as a loan officer. An applicant for a loan may appeal to the directors from the decisions of the credit committee, if it is so provided in the bylaws and in the way and manner therein provided. Applications for loans shall be made on forms approved by the board of directors, which shall set forth the purpose for which the loan is desired; the security, if any; and such other data as may be required. (c) Loans may be made to officers, directors, committee members, or employees of the credit union under the same general terms and conditions as to other members of the

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credit union; provided, however, that no such officer, director, committee member, or employee shall participate in approving any loan in which he has a direct or indirect financial interest. The approval of all loans to officers, directors, committee members and employees of the credit union shall be reported to the board of directors at its next meeting. (d) No credit union shall be authorized to lend to any individual borrower, on an unsecured loan, more than one percent of the first $100,000.00 of its deposits and shares plus one-fourth of one percent of its deposits and shares over $100,000.00. No credit union shall be authorized to lend to an individual borrower on a secured loan more than ten percent of the first $100,000.00 of its deposits and shares, plus four percent of the next $1,000,000.00 of its deposits and shares, plus two percent of its deposits and shares over $1,100,000.00. Deposits and shares reflected in the statement of condition on the last calendar day of the preceding quarter to the nearest $100,000.00 shall be used to establish loan limits for the subsequent calendar quarter, provided that where a credit union has less than $1,000,000.00 in total shares and deposits, the nearest $1,000.00 shall be used to establish these limits, and provided further that any credit union may make loans up to $200.00 regardless of the amount of its shares and deposits. (e) For purposes of subsection (d): (1) all loans to any one borrower shall be treated as one loan; (2) `borrower' means the member who actually received the proceeds from a loan and shall not include any obligation which he may incur by being an endorser, guarantor, co-maker or similar obligor for another borrower; (3) `secured loan' means a loan for which adequate collateral is given. A secured loan may include a loan for which there is an endorser, guarantor, co-maker or similar obligor. (f) Approval of loans by either the credit committee or

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a loan officer shall be evidenced, prior to disbursement of the loan proceeds, by a writing signed by a committee member or the loan officer stating that the committee or the loan officer has approved the loan. 41A-3110. Fees; Reserve Funds; Tax Exemption. (a) A credit union may charge entrance fees as provided in the bylaws. All such fees shall, after payment of organizational expense, be known as reserve income and shall be added to the reserve of the credit union. (b) Immediately before the payment of each dividend, the gross earnings of the credit union shall be determined. There shall be set aside from the amount as a regular reserve against losses on loans and contingencies, not less than sums calculated in accordance with the following schedule: (1) five percent of gross income until the regular reserve shall equal seven and one-half percent of the total of outstanding loans and risk assets; (2) whenever the regular reserve falls below seven and one-half percent of the total of outstanding loans and risk assets, it shall be replenished as provided in subparagraph (b) (1) hereof. (c) The regular reserve shall belong to the credit union and shall be used to meet losses and shall not be distributed except on dissolution of the credit union. (d) In addition to such regular reserves, special reserves to protect the interest of members shall be established when found necessary in any special case by the board of directors of the credit union or by the Department. (e) For the purpose of this Section, the term `risk assets' shall mean all assets of the credit union except: (1) cash on hand; (2) deposits made pursuant to section 41A-3101 (d) (4);

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(3) assets which are insured by, fully guaranteed as to principal and interest by, or due from the United States Government, its agencies, the Federal National Mortgage Association, or the Government National Mortgage Association; (4) loans to students under the provisions of Title IV, Part B of the Higher Education Act of 1965 or a similar State insurance program; (5) loans insured under Title I of the National Housing Act by the Federal Housing Administration; (6) loans to other credit unions; (7) shares or deposits in other credit unions; (8) investments authorized by this Chapter; (9) prepaid expenses; (10) accrued interest on nonrisk investments; (11) furniture and equipment; and (12) land and buildings. (f) All reserves of credit unions or federal credit unions established in accord with generally accepted accounting procedures or upon the specific direction of the Department or any federal regulatory body or for the purpose of complying with any conditions lawfully imposed by the Department or any federal regulatory body shall not be considered as surplus or undivided profits of any credit union for tax purposes. 41A-3111. Dividends; Interest. At such intervals and for such periods as the board of directors may authorize, but not more frequently than quarterly, and after provision has been made for transfer to the reserve in accordance with provisions of the preceding Section, dividends and interest from net earnings may be declared as such rates as are

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determined by the board. Dividends or interest in excess of seven percent annually shall be approved in writing by the Department at least ten days prior to payment. 41A-3112. Fiscal Year; Meetings of Members; Proxies. The credit union fiscal year shall end at the close of business on the thirty-first day of December. Special meetings of the members may be held by order of the directors, or of the supervisory committee and shall be held on written request of ten percent of the members. At all meetings a member shall have but one vote. No member may vote by proxy, but a society, association, partnership or corporation, having membership in the credit union, may be represented by one person, duly authorized by said society, association, partnership or corporation to represent it. At any meeting the members may decide on any matter of interest to the credit union and may overrule the board of directors; provided the notice of the meeting shall have stated the question to be considered. 41A-3113. Taxes to which Subject. Credit unions shall not be subject to any tax except the ad valorem tax upon property imposed by the Constitution of this State unless made subject thereto by express provision of the law specifically naming credit unions and making them subject thereto. All ad valorem taxes against credit unions shall be assessed upon the value of their shares, including surplus and undivided profits, and not upon their assets, other than real estate, and the rate of taxation shall not exceed the rate of taxation now imposed on banking corporations under provision of section 92-2406 of the Code of Georgia; provided, that so long as federal credit unions are exempt from the payment of the tax imposed under this Section, State credit unions shall likewise be exempt. 41A-3114. Rules and Regulations. Without limitation on the authority conferred by Part I of this Code, the Department is hereby authorized to make such rules and regulations not inconsistent with the provisions of this Chapter and other applicable statutes governing the operation of credit unions as it may consider reasonable and proper for the protection of all funds invested.

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41A-3115. Payment of Deposits of Deceased Depositors. (a) Upon the death of any person intestate having a share and deposits in a credit union or federal credit union of not more than $2,500.00, such credit union or federal credit union shall be authorized to pay the proceeds of such share and deposits directly to the following persons: (1) to the surviving spouse; (2) if no surviving spouse, to the children pro rata; (3) if no children, to the father and mother pro rata; (4) if no children or parents, then to the brothers and sisters of the decedent pro rata. (b) The payment to the surviving spouse or certain other family members shall operate as a complete acquittal and discharge to the credit union or federal credit union of liability from any suit, claim or demand of whatever nature by any heir, distributee, creditor of the decedent, or any other person. Such payment is hereby authorized to be made as provided herein, without the necessity of administration of the estate of the decedent or without the necessity of obtaining an order that no administration is necessary. (c) In any case in which a deceased depositor has more than $2,500.00 on deposit in a credit union or federal credit union, such credit union or federal credit union shall be authorized to pay any amount up to $2,500.00 to any of the persons authorized by this Section to receive said deposit. The payment shall only act as a full and final acquittance of liability up to the amount paid by the credit union or federal credit union and shall not act as a full and final acquittance to the credit union or federal credit union of all liability. 41A-3116. Subsidiary Offices. A credit union shall not be prohibited from maintaining offices at locations other than its principal offices if the maintenance of such offices shall be reasonably necessary to furnish service to its membership. The establishment of additional offices shall be subject

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to the prior approval of the Department upon application to it in such form as it may prescribe by regulation. 41A-3117. Requirements to Obtain Deposit Insurance; Public Notice When Deposits are not Insured. (a) Every credit union shall be required to obtain deposit insurance satisfactory to the Department before it may conduct business and accept deposits, except that: (1) credit unions in existence and accepting deposits on April 1, 1975; and (2) credit unions which have had their deposit insurance coverage withdrawn or canceled may, in the discretion of the Department, continue to accept deposits; provided that within three years after April 1, 1975, in the case of credit union excepted under subsection (a) (1) and within six months after withdrawal or cancellation of insurance in the case of credit unions excepted in subsection (a) (2), such credit unions shall obtain deposit insurance written by an insurance company authorized to transact business in this State and acceptable to the Department or by the National Credit Union Administration. The Department may in its discretion for cause shown extend the time limitation in which deposit insurance must be obtained. (b) Deposit insurance required to be obtained in subsection (a) need not be in excess of amounts insured by the National Credit Union Administration at the time the insurance is obtained, but whenever the insurance coverage is, in the opinion of the Department, less than amounts insured by the National Credit Union Administration, the credit union shall be required to post a sign in boldface print, in letters at least four inches high, at a conspicuous place near the entrance of such credit union, which states `Deposits Not Insured' or `Deposits Insured Up To (insert amount of deposit insurance)'. Such wording shall also follow the name of the credit union wherever it is written or printed and shall be posted in writing which is easily legible in letters at least one inch high at each window or desk receiving deposits.

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(c) The provisions of this Section shall not become effective unless and until deposit insurance required by subsection (a) is available from a corporation authorized to insure deposits of credit unions pursuant to an Act of the General Assembly of this State. 41A-3118. Mergers. (a) A credit union may, with the approval of the Department and in accordance with such uniform rules and regulations as it shall make and promulgate, be merged with another credit union under the charter of such credit union, upon any plan agreed upon by the majority of the board of each credit union joining the merger, and approved by not less than two-thirds of the members of each credit union present and eligible to vote at meetings called for that purpose. All property, property rights, and interests of the credit union so merging shall, upon merger, be transferred to and vested in the credit union under whose charter the merger is effected without deed, endorsement, or other instrument of transfer, and the debts and obligations of the credit union so merging shall be deemed to have been assumed by the credit union under whose charter the merger is effected, and thereafter the charter of the credit union so merging shall be void. (b) The provisions of Code Chapter 22-44, relating to merger and consolidation, shall no longer be applicable to credit unions. 41A-3119. Conversion of Credit Unions. (a) Any credit union operating in this State may convert into a federal chartered credit union, and any federal credit union may convert into a credit union organized under this Code upon approval of the authority under whose supervision the converted credit union will operate and upon compliance with applicable federal laws as to a converted federal credit union, and upon compliance with applicable State laws as to a converted credit union. The procedure for obtaining such approval and effecting the conversions in the case of a credit union shall be as follows: (1) A meeting of the board of directors, either regular or special, shall be called for the purpose of voting or converting

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from a federal credit union to a credit union, or from a credit union to a federal credit union. A majority of the board of directors shall adopt a resolution approving the contemplated conversion. (2) A meeting, either regular or special, of the shareholders shall then be called for voting on the proposed conversion. Notice of said meeting shall be given in the manner prescribed in section 41A-107 and shall include a statement indicating that the proposed conversion will be considered at the meeting. Proof of giving of the notice shall be by the affidavit of the president of the credit union. A majority of the members present at this meeting shall then approve the proposed conversion. (3) Within ten days after such approval of the conversion, the president or vice president and treasurer shall file a verified copy of the resolution adopted by the board of directors with the state or federal authority, under whose supervision the converting credit union is to operate. (b) Upon the written approval of the Department for conversions to credit unions, and with the written approval of the Administrator of the National Credit Union Administration for conversions to federal credit unions, the converting credit union shall then become a credit union under the laws of this State or the United States, as the case may be; and thereupon all assets shall become the property of the new credit union or federal credit union as the case may be, subject to all existing liabilities, and every person who was a member of the converting credit union shall be a member in the new credit union or federal credit union. 41A-3120. Central Credit Union. (a) A central credit union means a credit union which is organized to serve a field of membership which consist primarily of other credit unions operating pursuant to this Code or the Federal Credit Union Act. A central credit union may be organized and operated under this Code and subject to all provisions of this Code which are not inconsistent with this section. Such credit union shall use the word `central' in its name.

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(b) The field of membership of a central credit union shall include credit unions organized and operating under the provisions of this Code or under the Federal Credit Union Act. In addition, the field of membership may include: (1) members of credit unions which are members of the central credit union; (2) officials and employees of any organization or association of credit unions, and of the central credit union; (3) except as limited in Part I of this Code, employees of the Department or of the National Credit Union Administration; (4) organizations and associations of persons or credit unions included in the foregoing; (5) persons who are (i) members of a credit union that has entered into voluntary or involuntary dissolution; or (ii) indebted to a credit union which has entered into voluntary or involuntary dissolution; or (iii) non-member depositors of a credit union which has entered into voluntary or involuntary dissolution. (6) Groups within a common bond which are determined by the Commissioner to lack the potential membership required for approval of their own credit union. (c) The central credit union may make loans to individuals who are members pursuant to paragraph (1) of subsection (b) above, only upon approval of the credit committee of the member credit union of which the individual is a member; and to individuals who are members pursuant to paragraph (3) of subsection (b) above, only upon reporting such loan to the appropriate supervisory authority. (d) The Commissioner may, in his discretion, approve

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greater borrowings than provided in this Code when required to enable the credit union to meet its obligations to its members and otherwise assist its members during any emergency or hardship. (e) A central credit union may make loans to other credit unions, but loans to any one credit union shall not exceed ten percent of the shares, deposits and surplus of the credit union borrower, without prior approval of the Department; purchase shares of and make deposits in other credit unions; obtain or acquire the assets and liabilities of any credit union which enters into liquidation; invest in and grant loans to associations of credit unions, and to organizations chartered to provide service to credit unions; and borrow money and accept deposits from any source. (f) The Commissioner may issue such special regulations as he may deem prudent or necessary to allow the central credit union to effectively promote the liquidity and sound financial management of its member credit unions without unduly endangering its own liquidity and sound financial condition. Such special regulations need not be applicable to all credit unions but may be applicable only to the central credit union. The central credit union shall be exempt from the provisions relating to the establishment of a regular reserve as set forth in section 41A-3110 of this Code but, in lieu thereof, shall maintain a reserve fund as required by regulations promulgated by the Commissioner. Such regulations shall not call for a reserve fund or annual transfers to the reserve fund in excess of those required by section 41A-3110 of this Code. (9) A central credit union shall have all the rights and powers of any other credit union organized under this Code and the additional rights and powers specified in this Section, notwithstanding any limitations or restrictions found elsewhere in this Code.

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PART IV. SALE OF CHECKS ACT. CHAPTER 41A-32. SALE OF CHECKS ACT. 41A-3201. Definitions. (a) A used in this Chapter: (1) `Check' means any check, money order, or any other instrument for the payment or transmission of money whether or not it is a negotiable instrument under the terms of Code Chapter 109A-3, relating to commercial paper; (2) `Sale' and `selling' mean the passing of title from the seller or his agent to a holder or remitter for a price; and (3) `Licensee' means a corporation duly licensed by the Department pursuant to this Chapter. (b) Other statutory definitions applying to this Chapter are: (1) `Delivery' as defined in Code section 109A-1-201(14); (2) `Issue' as defined in Code section 109A-3-102(1)(a); (3) `Signed' as defined in Code section 109A-1-201(39). 41A-3202. License. No person or corporation, other than a bank or trust company, the authorized agent of a licensee, or an incorporated telegraph company which receives money at any of its offices or agencies for immediate transmission by telegraph, shall engage in the business of selling or issuing checks without having first obtained a license under this Chapter. This restriction applies to any nonresident person or corporation that engages in this State in the business of selling or issuing checks through a branch, subsidiary, affiliate or agent in this State. 41A-3203. Qualifications. In order to qualify for a license under this Chapter, an applicant shall: (a) satisfy the Department that it is financially responsible and appears able to conduct the business of selling

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checks in an honest and efficient manner, and with confidence and trust of the community; and (b) comply with the bonding requirements, furnish the statements, and pay the fees hereinafter prescribed. 41A-3204. Application; Bonding; Securities. (a) Each application for a license shall be in writing and under oath to the Department in such form as it may prescribe and shall include the following: (1) The legal name and principal office address of the corporation applying for the license; (2) The name, residence and business address of each director, or equivalent official, and of each officer who will be involved in selling checks in this State; (3) The date and place of incorporation; (4) If the applicant has one or more branches, subsidiaries, affiliates, agents or other locations at or through which the applicant proposes to engage in the business of selling or issuing checks within the State of Georgia, the complete name of each and the address of each such location; (5) The location where its initial registered office will be located in this State; and (6) Such other data, financial statements and pertinent information as the Department may require with respect to the applicant, its directors, trustees, officers, members, branches, subsidiaries, affiliates or agents. (b) The application shall be filed together with: (1) An investigation and supervision fee established by regulation of the Department which shall not be refundable but which, if the license is granted, shall satisfy the fee requirement for the first license year or the remaining part thereof; and

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(2) A corporate surety bond issued by a bonding company or insurance company authorized to do business in this State and approved by the Department. The bond shall be in the principal sum of $100,000.00, and in an additional principal sum of $5,000.00 for each location, in excess of one, at or through which the applicant proposes to engage in this State in the business of selling or issuing checks; but in no event shall the bond be required to be in excess of $250,000.00. The bond shall be in a form satisfactory to the Department and shall run to the State of Georgia for the benefit of any creditors or claimants against the licensee or his agents. The condition of the bond shall be that the licensee will pay any and all moneys that may become due and owing any creditor of or claimant against the licensee arising out of the licensee's business of selling or issuing checks in this State, whether through its own act or the acts of an agent. The aggregate liability of the surety in no event shall exceed the principal sum of the bond. Claimants against the licensee may themselves bring suit directly on the bond; provided, however, that the liability arising hereunder shall be limited with respect to the recept, handling, transmission and payment of money arising out of the licensee's business of selling or issuing checks in this State. (c) In lieu of such corporate surety bond or bonds, or of any portion of the principal thereof, the applicant may deposit with the Department or a bank or trust company located in this State, as such applicant may designate and the Department may approve, bonds, notes, debentures, or other obligations of the United States or any agency or instrumentality thereof, or guaranteed by the United States, or of the State of Georgia, or of a municipality, county, school district, or instrumentality of the State of Georgia or guaranteed by the State, to an aggregate amount, based upon principal amount or market value, whichever is lower, of not less than the amount of the required corporate surety bond or portion thereof. The securities shall be held to secure the same obligations as would the surety bond, but the depositor shall be entitled to receive all interest thereon, and shall have the right, with the approval of the Department, to substitute other securities for those deposited,

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and shall be required so to do on written order of the Department made for good cause shown. In the event of the failure or insolvency of such licensee, the securities, any proceeds therefrom, and the funds deposited pursuant to this Section shall be applied to the payment in full of claims arising out of transactions in this State for the sale or issuance of checks. 41A-3205. Investigation; Granting of Licenses. Upon the filing of application in due form, accompanied by the documents and fee prescribed in section 41A-3204, the Department shall conduct an investigation to determine if the criteria established by section 41A-3204 have been satisfied. If the Department determines to its satisfaction that the criteria of section 41A-3203 have been met, it shall issue to the applicant a license to engage in the business of selling and issuing checks in this State. A license issued pursuant to this Chapter shall remain in force and effect through the remainder of the calendar year following its date of issuance unless earlier surrendered, suspended or revoked pursuant to this Chapter. 41A-3206. Renewal of Licenses; Annual License Fee. A license may be renewed for the ensuing twelve-month period upon the filing of an application conforming to the requirements of section 41A-3204 with such modifications as the Department may allow. Such renewal application shall be filed on or after June 1 of the year in which the existing license expires. No investigation fee shall be payable in connection with such renewal application but an annual license fee established by regulation of the Department to defray the cost of supervision shall be paid with each renewal application which shall not be refunded or prorated if the renewal application is approved and the renewal license thereunder goes into effect on the following January 1. If a renewal application is filed with the Department before July 1 of any year, the license sought to be renewed shall continue in force until the issuance by the Department of the renewal license applied for or until twenty days after the Department shall have refused to issue such renewal license.

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41A-3207. Maintenance of Bond or Securities. (a) A licensee shall give notice to the Department by registered or certified mail of any action which may be brought against it and of any judgment which may be entered against it by any creditor or any claimant, with respect to a check sold or issued in this State, with details sufficient to identify the action or judgment, within thirty days after the commencement of any such action or the entry of any such judgment. The corporate surety shall, within ten days after it pays any claim to any creditor or claimant, give notice to the Department by registered or certified mail of such payment, with details sufficient to identify the claimant or creditor and the claim or judgment so paid. Whenever the principal sum of such bond is reduced by one or more recoveries or payments thereon, the licensee shall furnish a new or additional bond so that the total or aggregate principal sum of such bond or bonds shall equal the sum required under section 41A-3204, or shall furnish an endorsement duly executed by the corporate surety reinstating the bond to the required principal sum thereof. The Department may, by reasonable rules and regulations, provide for corresponding measures with respect to deposits made in lieu of a bond under section 41A-3204(c). (b) A licensee shall give notice to the Department by registered or certified mail of any increase in the number of locations at which it engages in the business of selling or issuing checks over the number previously reported in either his original or renewal application and shall show to the Department that the bond or securities required under section 41A-3204 have been increased accordingly. This notice shall be given quarterly within thirty days after the end of each calendar quarter, and, if not given, such new location will not be considered as included under the licensee's license under this Chapter. At any time the Department is shown that a licensee has decreased the number of locations at or through which it proposes to engage in the business, the Department may decrease the bond or security requirements accordingly. (c) A bond filed with the Department for the purposes of compliance with section 41A-3204 may not be canceled

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either by the licensee or the corporate surety except upon notice to the Department by registered or certified mail with return receipt requested, the cancellation to be effective not less than thirty days after receipt by the Department of such notice and only with respect to any breach of condition occurring after the effective date of such cancellation. 41A-3208. Agents and Subagents. A licensee may conduct its business at one or more locations in this State so long as such locations have been included in the licensee's application and reports under sections 41A-3204 and 41A-3207, and through such agents as it may designate. The Department may, within ten days after application, for cause, refuse to approve a licensee's designation of an agent, or, for cause, suspend a licensee's designation of an agent. In such cases the agent shall have the same procedural rights as are herein provided for the denial, suspension or revocation of a licensee's license. No additional license than that obtained by the licensee shall be required of any agent of a licensee duly reported. An agent of a licensee shall sell or issue checks only at the location designated in the licensee's report to the Department or other locations at which the Department has been notified. 41A-3209. Rules and Regulations. Without limitation on the power conferred by Part I of this Code, the Department may make reasonable rules and regulations, not inconsistent with law, for the enforcement of this Part, and a violation of any such rule or regulation shall be cause for suspension or revocation of a licensee's license, or the designation of an agent of a licensee. 41A-3210. Denial, Suspension and Revocation of Licenses. (a) The Department may suspend or revoke an original or renewal license, or the designation of an agent of a licensee, on any ground on which it might refuse to issue an original license, or for a violation of any provision of this Chapter or any rule or regulation issued under this Chapter, or for failure of the licensee to pay a judgment recovered in any court, within this State, by a claimant or creditor in an action arising out of the licensee's business in this State of

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selling or issuing checks within thirty days after the judgment becomes final. (b) No application for a license under this Chapter shall be denied, and no license granted under this Chapter shall be suspended or revoked, unless the applicant or licensee be given a reasonable opportunity to be heard by the Department. For this purpose, the Department shall give the applicant or licensee at least twenty days' written notice of the time and place of such hearing by registered or certified mail, addressed to the principal place of business of such applicant or licensee. Any order of the Department denying, suspending or revoking a license shall state the grounds upon which it is based and shall not be effective for twenty days after its rendition. A copy thereof shall be forwarded promptly by registered or certified mail, addressed to the principal place of business of such applicant or licensee. (c) A decision of the Department denying a license, original or renewal, shall be conclusive except as it may be subject to judicial review under section 41A-401. A decision of the Department suspending or revoking a license shall be subject to judicial review in the same manner as a decision of the Department to take possession of the assets and business of a bank under section 41A-706. 41A-3211. Assignment of Claims to Department. At the written request of any claimant or creditor of a licensee whose claim is based on a transaction in this State for the sale or issuance of a check subject to regulation under this Chapter, the Department may, in its discretion, take an assignment of such claim in trust for the benefit of the assigning claimant or creditor and may bring any legal action necessary to collect such claim. Two or more such claims against a licensee may be combined in one such action. 41A-3212. Civil Liability of Licensee. Every check issued in the conduct of the business regulated by this Chapter shall be signed by the licensee or his authorized representative, and the licensee shall be liable for the payment thereof to the same extent as a drawer of a negotiable instrument

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whether or not the check is a negotiable instrument under the terms of Article 3 (Commercial Paper) of the Uniform Commercial Code, Chapter 109A-3 of the Code of Georgia. 41A-3213. Prohibited Transaction. (a) No person or corporation shall sell checks as an agent of a principal seller when such principal seller is subject to licensing under this Chapter but has not obtained a license hereunder, and any person who does so shall be deemed to be the principal seller thereof, and not merely an agent, and shall be liable to the holder or remitter as the principal seller. (b) No person or corporation other than a bank or trust company, or agent thereof, a licensee, or an agent of a licensee, shall undertake, in the course of carrying on the business herein regulated, to receive, transmit or handle money on behalf of another to whom he issues a money order or a similar payment paper, and any person who does so shall be liable to the owner of the money order or similar payment paper for the payment thereof to the same extent as a drawer of a negotiable instrument whether or not the money order or similar payment paper is a negotiable instrument under the terms of Article 3 (Commercial Paper) of the Uniform Commercial Code, Chapter 109A-3 of the Code of Georgia. PART V. INTERNATIONAL BANKING CORPORA- TIONS AND BANK AGENCIES. CHAPTER 41A-33. INTERNATIONAL BANKING CORPORATIONS AND BANK AGENCIES. 41A-3301. Definitions. As used in this Chapter: (a) The term `international banking corporation' means a banking corporation organized and licensed under the laws of some foreign country or a political subdivision thereof, other than the United States of America or any of the States within the United States of America. (b) The term `international bank agency' means the international banking corporation with respect to all business

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or activities conducted in this State or through an office located in this State. 41A-3302. Application of Code. International bank agencies shall be subject to all the provisions of Parts I and II of this Code, except where it may appear, from the context or otherwise, that such provisions are clearly applicable only to banks or trust companies organized under the laws of this State or the United States. An international bank agency shall have no greater right under or by virtue of this Chapter and amendments thereto than is granted to banks organized under the laws of this State. Legal and financial terms used herein shall be deemed to refer to equivalent terms used by the country in which the international banking corporation is organized. 41A-3303. Provisions of Chapter 22-14 Applicable. Notwithstanding the definitions of the term `foreign corporation' appearing in Code section 22-102(b), all of the provisions of Code Chapter 22-14, relating to foreign corporations, shall apply to all international bank agencies doing business in this State, except that references therein to the Secretary of State should be construed as references to the Department. 41A-3304. Requirements for Carrying on Banking Business. (a) No international banking corporation shall transact a banking business, or maintain in this State any office for carrying on such business, or any part thereof, unless such corporation shall have: (1) been authorized by its charter to carry on such business and shall have complied with the laws of the country under which it is chartered; (2) furnished to the Department such proof as to the nature and character of its business and as to its financial condition as the Department may require; (3) filed with the Department: (i) a duly executed instrument in writing, by its terms

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of indefinite duration and irrevocable, appointing the Department its true and lawful attorney, upon whom all process in any action against it may be served with the same force and effect as if it were a domestic corporation and had been lawfully served with process within the State; (ii) a written certificate of designation, which may be changed from time to time thereafter by the filing of a new certificate of designation, specifying the name and address of the officer, agent, or other person to whom such process shall be forwarded by the Department; (4) paid to the Department the fee established by regulation of the Department to defray the cost of investigation and supervision; and (5) received a license duly issued to it by the Department. (b) The Department shall not issue a license to an international banking corporation unless it is chartered in a country which permits banks chartered in the United States of America or any of its states to establish similar facilities therein. 41A-3305. Actions. (a) An action against an international banking corporation doing business in this State may be maintained by a resident of this State for any cause of action. For purposes of this subsection, the term `resident of this State' shall include any corporation formed under the laws of this State. (b) An action against an international banking corporation doing business in this State may be maintained by another international banking corporation or by a nonresident of this State in the following cases only: (1) where the action is brought to recover damages for the breach of a contract made or to be performed within this State, or relating to property situated within this State at the time of the making of the contract;

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(2) where the subject matter of the litigation is situated within this State; (3) where the cause of action arose within this State, except where the object of the action is to affect the title of real property situated outside this State; (4) where the action is based on a liability for acts done within this State by an international banking corporation or its international bank agency. 41A-3306. Application for License. (a) Every international banking corporation, before being licensed by the Department to transact a banking business in this State, or before maintaining in this State any office to carry on such business or any part thereof, shall subscribe and acknowledge and submit to the Department at its office, a separate application, in duplicate, which shall state: (1) the name of such international banking corporation; (2) the location by street and post office address and county where its business is to be transacted in this State, and the name of the person who shall be in charge of the business and affairs of such agency; (3) the location where its initial registered office will be located in this State; (4) the amount of its capital actually paid in and the amount subscribed for and unpaid; (5) the actual value of the assets of such international banking corporation, which must be at least $50,000,000 in excess of its liabilities; and a complete and detailed statement of its financial condition as of a date within sixty days prior to the date of such application, except that the Department, in its discretion, may, when necessary or expedient, accept such statement of financial condition as of a date within one hundred and twenty days prior to the date of such application.

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(b) At the time such application is submitted to the Department, such corporation shall also submit a duly authenticated copy of its articles and an authenticated copy of its bylaws, or an equivalent thereof satisfactory to the Department, and pay an investigation and supervisor fee to be established by regulation of the Department. 41A-3307. Licenses; Permissible Activities. (a) When the Department shall have issued a license to any such international banking corporation, it may engage in the business authorized by this Chapter at the office specified in such license for a period not exceeding one year from the date of such license or until such license is surrendered or revoked. No such license shall be transferable or assignable. Every such license shall be, at all times, conspicuously displayed in the place of business specified therein. (b) Such license may be renewed annually upon application to the Department upon forms to be supplied by it for that purpose, within thirty days of the expiration of such license. Such license may be renewed by the Department upon its determination, with or without examination, that the international banking corporation is in a safe and satisfactory condition, has complied with requirements of law with respect to the international bank agency, and that such renewal of the license is proper and has been duly authorized by proper corporate action. (c) Such license may be revoked by the Department with or without examination upon its determination that the international banking corporation does not meet the criteria established by subsection (b) for renewal of licenses. (d) In the event any such license shall be revoked by the Department, or the renewal thereof refused by the Department, all the rights and privileges of such international banking corporation to transact the business thus licensed shall forthwith cease, and such license shall be surrendered to the Department within twenty-four hours after the licensee has received written notice of such decision. (e) An international banking corporation licensed under

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the terms of this Chapter to carry on business in this State shall be authorized to conduct a general banking business in like manner as banks existing under the laws of this State through its international bank agency, except that no such international banking corporation shall, through such agency, make loans, exercise fiduciary powers or receive deposits but may maintain for the account of others credit balances incidental to, or arising out of, the exercise of its lawful powers. 41A-3308. Securities. (a) Each international banking corporation shall hold, at its office in this State, currency, bonds, notes, debentures, drafts, bills of exchange or other evidence of indebtedness or other obligations payable in the United States or in United States funds or, with the prior approval of the Department, in funds freely convertible into United States funds, in an amount which shall be not less than one hundred and eight percent of the aggregate amount of liabilities of such international banking corporation payable at or through its office in this State or as a result of the operations of the international bank agency, including acceptances but excluding (1) accrued expenses, and (2) amounts due and other liabilities to other offices or branches of, and wholly owned (except for a nominal number of directors' shares) subsidiaries of, such international banking corporation. (b) For the purpose of this Section, the Department shall value marketable securities at principal amount or market value, whichever is lower, shall have the right to determine the value of any nonmarketable bond, note, debenture, draft, bill of exchange, other evidence of indebtedness, or of any other obligation held by or owed to the international banking corporation in this State, and in determining the amount of assets for the purpose of computing the above ratio of assets to liabilities, shall have the power to exclude any particular assets, but may give credit, subject to such rules and regulations as the Department may from time to time promulgate, to deposits and credit balances with unaffiliated banking institutions outside this State, if such deposits or credit balances are payable in United States funds or in currencies freely convertible into United States funds;

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provided that credit given for such deposits and credit balances shall not exceed in aggregate amounts such percentage, but not less than eight percent, as the Department may from time to time prescribe of the aggregate amount of liabilities of such international banking corporation, determined as hereinabove provided. (c) If, by reason of the existence or the potential occurrence of unusual or extraordinary circumstances, the Department deems it necessary or desirable for the maintenance of a sound financial condition, the protection of creditors and the public interest, and to maintain public confidence in the business of the international bank agency of the international banking corporation, it may reduce the credit to be given as above provided for deposits and credit balances with unaffiliated banking institutions outside this State, and it may require such international banking corporation to deposit, in accordance with such rules and regulations as the Department shall from time to time promulgate, the assets required to be held in this State pursuant to this section with such bank or trust company existing under the laws of this State as such international banking corporation may designate and the Department may approve. 41A-3309. Financial Certifications; Restrictions. (a) Before opening an office in this State, and annually thereafter so long as a bank office is maintained in this State, an international banking corporation, licensed pursuant to this Chapter, shall certify to the Department the amount of its paid-in capital, surplus, and its undivided profits, each expressed in the currency of the country of its incorporation. The dollar equivalent of which amount, as determined by the Department, shall be deemed to be the amount of its capital, surplus and undivided profits. (b) Purchases and discounts of bills of exchange, bonds, debentures and other obligations, and extensions of credit and acceptances by an international bank agency within this State shall be subject to the same limitations as to amount in relation to capital, surplus, and undivided profits as are applicable to banks organized under the laws of this

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State; provided, however, that with the prior approval of the Department, the capital notes and capital debentures of such international banking corporation may be treated as capital in computing such limitations. 41A-3310. Reports. (a) Every international banking corporation doing business in this State shall, at such times and in such form as the Department shall prescribe, make written reports in the English language to the Department under the oath of one of its officers, managers, or agents transacting business in this State, showing the amount of its assets and liabilities and containing such other matters as the Department shall prescribe. If any such international banking corporation shall fail to make any such report, as directed by the Department, or if any such report shall contain any false statement knowingly made, the same shall be grounds for revocation of the license of the international banking corporation. (b) Section 41A-309 shall not apply to international banking corporations or international bank agencies. 41A-3311. Dissolution. When an international banking corporation, licensed to maintain an international bank agency in this State, is dissolved, or its authority or existence is otherwise terminated or canceled in the jurisdiction of its incorporation, a certificate of the official responsible for records of banking corporations of the jurisdiction of incorporation of such international banking corporation, attesting to the occurrence of any such event, or a certified copy of an order or decree of a court of such jurisdiction directing the dissolution of such international banking corporation or the termination of its existence or the cancellation of its authority shall be delivered to the Department. The filing of the certificate, order, or decree shall have the same effect as the revocation of such international banking corporation's license as hereinabove provided. The Department shall continue as agent of the international banking corporation upon whom process against it may be served in any action based upon any liability or obligation incurred by the international banking corporation within this State prior to the filing of such certificate,

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order or decree, and it shall promptly cause a copy of such process to be mailed by registered mail, return receipt requested, to such international banking corporation at the post office address on file in his office specified for such purpose. PART VI. CHAPTER 41A-34. BUSINESS DEVELOPMENT CORPORATIONS. 41A-3401. Definitions. As used in this Chapter, unless the context otherwise requires: (a) `Corporation' means a Georgia business development corporation created under this Chapter. (b) `Lending institution' means any bank or trust company, building and loan association, savings and loan association, insurance company or related corporation, partnership, foundation, pension funds or other institution engaged primarily in lending or investing funds. (c) `Member' means any lending institution authorized to do business in this State which shall undertake to lend money to a corporation created under this Chapter, upon its call, and in accordance with the provisions of this Chapter. (d) `Board of directors' means any board of directors of a corporation created under this Chapter. (e) `Loan limit' means, for any member, the maximum amount permitted to be outstanding at any one time on loans made by such member to the corporation, as determined under the provisions of this Chapter. 41A-3402. Articles. (a) Five or more persons competent to contract, a majority of whom shall be residents of this State, who may desire to create a business development corporation under the provisions of this Chapter, for the purpose of promoting, developing and advancing the prosperity and economic welfare of the State of Georgia

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and, to that end, to exercise the powers and privileges hereinafter provided, may be incorporated by presenting articles to any judge of a superior court of this State, as hereinafter provided. The articles shall contain: (1) the name of the corporation, which shall include the words `Business Development Corporation of Georgia', and a recitation that the corporation is organized under this Chapter; (2) the location of its initial registered office, but such corporation may have branch offices in such other places within the State as may be fixed by the board of directors; (3) the purposes for which the corporation is founded, which shall include: to promote, stimulate, develop and advance the business prosperity and economic welfare of the State of Georgia and its citizens; to encourage and assist through loans, investments or other business transactions in the location of the business and industry in this State and to rehabilitate and assist existing business and industry; to stimulate and assist in the expansion of all kinds of business activity which will tend to promote the business development and maintain the economic stability of this State; to provide maximum opportunities for employment, encourage thrift, and improve the standard of living of the citizens of this State; similarly to cooperate and act in conjunction with other organizations, public or private, in the promotion and advancement of industrial, commercial, agricultural and recreational developments in this State; and to provide financing for the promotion, development and conduct of all kinds of business activity in this State; (4) the names and post office addresses of the members of the first board of directors, who, unless otherwise provided by the articles or the bylaws, shall hold office for the first year of existence of the corporation or until their successors are elected and have qualified; (5) any provisions which the incorporators may choose to insert for the regulation of the business and for the conduct

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of the affairs of the corporation and any provision creating, dividing, limiting and regulating the powers of the corporation, the directors, shareholders, or any class of the shareholders, including, but not limited to, a list of the officers, and provisions governing the issuance of stock certificates to replace lost or destroyed certificates, provided that no provision shall be contained for cumulative voting for directors; and (6) the amount and number of authorized shares, the par value of each share and the minimum amount of capital with which it shall do business and, if there is more than one class of stock, a description of the different classes, the names and post office addresses of the subscribers of stock and the number of shares subscribed by each. The aggregate of the subscription shall be the minimum amount of capital with which it shall do business and, if there is more than one class of stock, a description of the different classes, the names and post office addresses of the subscribers of stock and the number of shares subscribed by each. The aggregate of the subscription shall be the minimum amount of capital with which the corporation shall commence business, which shall not be less than $100,000.00. The articles may also contain any provisions consistent with the laws of this State for the regulation of the affairs of the corporation. (b) The articles shall be in writing, subscribed by the incorporators and acknowledged by each of them before an officer authorized to take acknowledgments. A copy of the articles so subscribed and acknowledged shall be filed with the Department for approval. 41A-3403. Action by Superior Court; Preconditions to Business. Superior court judges shall not approve the articles until at least fifteen lending institutions authorized to do business in this State 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 and the filing of same shall be a condition precedent to the approval of the articles by the judge of the superior court. Whenever the articles shall have been filed in the

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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 approved by the Department and certified by the Secretary of State as hereinafter provided. Upon such approval and certification, authorized stock of the corporation may thereafter be issued. 41A-3404. Approval of Department. (a) Upon receipt of an application for approval of articles from a corporation organized pursuant to this Act, the Department shall exercise its discretion in its consideration of the application, but the Department shall not approve the application until it has ascertained to its satisfaction: (1) that the public need and advantage will be promoted by the establishment of the corporation; (2) that conditions in the locality in which the corporation will transact business afford reasonable promise of a successful operation; (3) that the applicants may legally invest in the stock of the corporation and that such investment would not be to the detriment of the applicants; (4) that the proposed members are in good standing with their respective supervisory authorities; and (5) that the proposed officers and directors have sufficient experience, ability and standing to afford reasonable promise of a successful operation. (b) Within ninety days after receipt of an application for approval of the articles, the Department shall issue a certificate either granting or denying permission for the corporation to commence business; provided, that in no instance shall the Department grant such permission until it has ascertained to its satisfaction that the above conditions and circumstances have been met and that the articles are in accordance with this Act.

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41A-3405. Certification by Secretary of State. Upon receiving the approval of the judge of the superior court and the Department, the incorporators shall file the same together with the fee specified by Section 41A-3703 to the Secretary of State. The Secretary of State shall then issue a certificate in the form contemplated by section 22-803 of the Corporate Code. 41A-3406. Powers. In furtherance of its purposes and in addition to the powers now or hereafter conferred on business corporations by the laws of this State, the corporation shall, subject to the restrictions and limitations herein contained, have the following powers: (a) to elect, appoint and employ officers, agents and employees; to make contracts and incur liabilities for any of the purposes of the corporation; provided, that the corporation shall not incur any secondary liability by way of the guaranty or endorsement of the obligations of any person or corporation or in any other manner; (b) to borrow money from its members, from any lending institution, from any agency established under the Small Business Investment Act of 1958, as amended, or other similar federal or state legislation, for any of the purposes of the corporation; to issue therefor its bonds, debentures, notes or other evidences of indebtedness, whether secured or unsecured, and to secure the same by mortgage, pledge, deed of trust or other lien on its property, franchise, rights and privileges, of every kind and nature or any part thereof or interest therein, without securing shareholder or member approval; (c) to make loans to any person or corporation, and to establish and regulate the terms and conditions with respect to any such loans and the charges for interest and services connected therewith; provided, however, that the corporation shall not approve any application for a loan unless and until the person applying for said loan shall show that he has applied for the loan through ordinary banking channels and that the loan has been refused by at least two banks or other financial institutions that would be qualified by law

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to make such a loan, it not being the intention hereof to take from any financial institution any such loans or commitments as may be desired by such organizations generally in the ordinary course of their business; (d) to purchase, receive, hold, lease, or otherwise acquire, and to sell, convey, transfer, lease, or otherwise dispose of real and personal property, together with such rights and privileges as may be incidental and appurtenant thereto and the use thereof, including, but not restricted to, any real or personal property acquired by the corporation from time to time in the satisfaction of debts or enforcement of obligations; (e) to acquire the good will, business rights, real and personal property and other assets, or any part thereof, or interest therein, of any persons or corporations, and to assume, undertake, or pay the obligations, debts, and liabilities of any such person or corporation, to acquire improved or unimproved real estate for the purpose of constructing industrial plants or other business establishments thereon or for the purposes of disposing of such real estate to others for the construction of industrial plants or other business establishments; and to acquire, construct or reconstruct, alter, repair, maintain, operate, sell, convey, transfer, lease, or otherwise dispose of industrial plants or business establishments; (f) to acquire, subscribe for, own, sell, hold, assign, transfer, mortgage, pledge or otherwise dispose of the stock, shares, bonds, debentures, notes or other securities and evidences of interest in, or indebtedness of any person or corporation, and, while the owner or holder thereof, to exercise all the rights, powers, and privileges of ownership, including the right to vote thereon; (g) to mortgage, pledge, or otherwise encumber any property, right or thing of value, acquired pursuant to the powers contained in subsections (d), (e) or (f) as security for the payment of any part of the purchase price therefor; (h) to cooperate with and avail itself of the facilities of

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the United States Department of Commerce, the Georgia Department of Community Development, and any other similar state or federal governmental agencies; and to cooperate with and assist, and otherwise encourage organizations in the various communities of this State in the promotion, assistance and development of the business prosperity ane economic well-being of such communities or of this State or any political subdivision thereof; and (i) to do all acts and things necessary or convenient to carry out the powers expressly granted in this Chapter. 41A-3407. Right to Deal in Corporation's Stock or Obligations. Notwithstanding any rule at common law or any provision of any general or special law or any provision in their respective charters, agreements of association, articles of organization or trust indentures: (a) Any person, including all domestic corporations organized for the purpose of carrying on business within this State, and further including, without implied limitation, public utility companies and insurance companies, and foreign corporations licensed to do business within this State, and all lending institutions as defined herein, and all trusts are hereby authorized to acquire, purchase, hold, sell, assign, transfer, mortgage, pledge, or otherwise dispose of any bonds, securities, or other evidences of indebtedness created by or the shares of the corporation, and, while owners of said shares, to exercise all the rights, powers, and privileges of ownership, including the right to vote thereon, all without the approval of any regulatory authority of the State, except as otherwise provided in this Chapter. (b) All lending institutions are hereby authorized to become members of the corporation and to make loans to the corporation as provided herein. (c) Each lending institution which becomes a member of the corporation is hereby authorized to acquire, purchase, hold, sell, assign, transfer, mortgage, pledge, or otherwise dispose of any bonds, securities or other evidences

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of indebtedness created by, or the shares of the capital stock of the corporation, and, while owners of said stock, to exercise all the rights, powers, and privileges of ownership, including the right to vote thereon, all without the approval of any regulatory authority of the State of Georgia; provided, that the amount of the capital of the corporation which may be acquired by any member pursuant to the authority granted herein shall not exceed ten percent of the loan limit of such member. (d) The amount of shares of the corporation which any member is authorized to acquire pursuant to the authority granted herein is in addition to the amount of shares in the corporation which such member may otherwise be authorized to acquire. 41A-3408. Membership; Loans by Members. (a) Any lending institution may request membership in the corporation by making application to the board of directors on such form and in such manner as said board of directors may require; and membership shall become effective upon acceptance of such application by said board. (b) Each member of the corporation shall make loans to the corporation when called upon by it to do so on such terms and other conditions as shall be approved from time to time by the board of directors, subject to the following conditions: (1) all loan limits shall be established at the $1,000.00 amount nearest the amount computed in accordance with provisions of this Section; and (2) no loan to the corporation shall be made if immediately thereafter the total amount of the obligations of the corporation would exceed fifty tiems the amount then paid in on the capital of the corporation. (c) The total amount outstanding on loans to the corporation made by any member at any one time, when added to the amount of the investment in the capital of the corporation

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then held by such member, shall not exceed the lesser of: (1) twenty percent of the total amount then outstanding on loans to the corporations by all members, including, in said total amount, outstanding amounts validly called for loan but not yet loaned; or (2) the following limit, to be determined as of the time such member becomes a member on the basis of the audited balance sheet of such member at the close of its fiscal year immediately preceding its application for membership; or, in the case of an insurance company, its last annual statement to the State Insurance Commissioner: (i) two percent of the statutory capital base of a bank or trust company or $75,000.00, whichever is the lesser amount; (ii) one-half of one percent of the total outstanding loans made by building and loan or savings and loan association; (iii) two and one-half percent of the capital and unassigned surplus of stock insurance companies, except fire insurance companies; (iv) two and one-half percent of the unassigned surplus of mutual insurance companies, except fire insurance companies; (v) one-tenth of one percent of the assets of fire insurance companies; and (vi) such limits as may be approved by the board of directors of the corporation for other lending institutions. (d) Subject to subparagraph (1) of subsection (c) of this Section, each call made by the corporation shall be prorated among the members of the corporation in substantially the same proportion that the adjusted loan limit of each member bears to the aggregate of the adjusted loan limits of all members. The adjusted loan limit of a member

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shall be the amount of such member's loan limit, reduced by the balance of outstanding loans made by such member to the corporation and the investment in capital of the corporation held by such member at the time of such call. (e) All loans to the corporation by members shall be evidenced by bonds, debentures, notes, or other evidences of indebtedness of the corporation, which shall be freely transferable at all times, and which shall bear interest at a rate of interest determined by the board of directors to be the prime rate prevailing at the date of issuance thereof on unsecured commercial loans plus one-quarter of one percent. 41A-3409. Terms of Membership; Withdrawal. (a) Membership in the corporation shall be for the duration of the corporation; provided, that upon written notice given to the corporation two years in advance, a member may withdraw from membership in the corporation at the expiration of such notice. (b) A member shall not be obligated to make any loans to the corporation pursuant to calls made subsequent to notice of the intended withdrawal of said member. 41A-3410. Powers of Shareholders and Members. (a) The shareholders and the members of the corporation shall have the following powers of the corporation: (1) to determine the number of and elect directors as provided in section 41A-3412; (2) to make, amend, and repeal bylaws; (3) to amend its charter as provided in section 41A-3411; (4) to dissolve the corporation as provided in section 41A-3417; (5) to do all things necessary or desirable to secure aid, assistance loans and other financing from any lending institutions, and from any agency established under the

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Small Business Investment Act of 1958, or any other similar federal laws now or hereafter enacted; and (6) to exercise such other of the powers of the corporation consistent with this Chapter as may be conferred on the shareholders and the members by the bylaws. (b) As to all matters requiring action by the shareholders and the members of the corporation, said shareholders and said members shall vote separately thereon by classes, and, except as otherwise herein provided, such matters shall require the affirmative vote of a majority of the votes to which the shareholders present or represented at the meeting shall be entitled, and the affirmative vote of a majority of the votes to which the members present or represented at the meeting shall be entitled. (c) Each shareholder shall have one vote, in person or by proxy, for each share of stock held by him, and each member shall have one vote, in person or by proxy, except that any member having a loan limit of more than $1,000.00 shall have one additional vote, in person or by proxy, for each additional $1,000.00 which such member is authorized to have outstanding on loans to the corporation at any one time, as determined under section 41A-3407(c). 41A-3411. Amendment of Articles . (a) Except as provided in subsections (b) and (c) and subject to the approval of the Department, the articles may be amended by the votes of the shareholders and the members of the corporation, voting separately by classes, and such amendments shall require approval by the affirmative vote of two-thirds of the votes to which the members shall be entitled. (b) No amendment shall be adopted which is inconsistent with the general purposes expressed in section 41A-3402(a) (3) or which authorizes any additional class of stock to be issued, or which would tend to impair the ability of the Department to examine and supervise the corporation. (c) No amendment of the articles which increases the obligation of a member to make loans to the corporation,

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or makes any change in the principal amount, interest rate, maturity date, or in the security or credit position of any outstanding loan of a member to the corporation, or affects a member's right to withdraw from membership as provided herein, or affects a member's voting rights as provided herein, shall be made without the consent of each member affected by such amendment. (d) Within thirty days after any meeting at which an amendment to the articles is approved, it shall be submitted to the Department together with such information as the Department shall require. If the Department finds in its discretion that the proposed amendment is in conformity with the objectives and requirements of this Chapter, it shall issue its certificate approving the amendment. If the amendment is disapproved, the Department shall briefly state its reasons for such action to the corporation. The decision of the Department shall be conclusive except as it may be subject to judicial review as provided in Section 41A-401. (e) Upon the approval of the Department, articles of amendment signed and sworn to by the president, treasurer, and a majority of the directors, setting forth such amendment and due adoption thereof, shall, together with the Department's certificate of approval, be submitted to the judge of the superior court who shall examine them, and if he finds that they conform to the requirements of this Chapter, shall so certify and endorse his approval thereon. Thereupon, the original and one certified copy of the amendment shall be filed with the Secretary of State, but no such amendment shall take effect until such articles of amendment shall have been approved by the judge of the superior court. 41A-3412. Board of Directors, Officers and Agents . The business affairs of the corporation shall be managed and controlled by a board of directors, a president, a vice president, a secretary, a treasurer and such other officers and such agents as the corporation shall authorize by its bylaws. The board of directors shall consist of such number not less than fifteen nor more than twenty-one as shall be determined

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in the first instance by the incorporators and thereafter annually by the members and the shareholders of the corporation. The board of directors may exercise all the powers of the corporation except such as are conferred by law or by the bylaws of the corporation upon the shareholders or members and shall choose and appoint all the agents and officers of the corporation and fill all vacancies except vacancies in the office of director, which shall be filled as hereinafter provided. The annual meeting shall be held during the month of January or, if no annual meeting shall be held in the year of incorporation, then within ninety days after the approval of the articles at a special meeting as hereinafter provided. At such annual meeting, or at each special meeting held as provided in this Section, the members of the corporation shall elect two-thirds of the board of directors, and the shareholders shall elect the remaining directors. The directors shall hold office until the next annual meeting of the corporation or special meeting held in lieu of the annual meeting after the election and until their successors are elected and qualified, unless sooner removed in accordance with provisions of the bylaws. Any vacancy in the office of a director elected by the members shall be filled by the directors elected by the members, and any vacancy in the office of a director elected by the shareholders shall be filled by the directors elected by the shareholders. Directors and officers shall not be responsible for losses unless the same shall have been occasioned by the willful misconduct of such directors and officers. 41A-3413. Earned Surplus; Fiscal Year . Each year the corporation shall set apart as earned surplus not less than ten percent of its net earnings for all the preceding fiscal year until such surplus shall be equal in value to one-half of the amount paid in on the capital then outstanding. Whenever the amount of surplus established herein shall become impaired, it shall be built up again to the required amount in the manner provided for its original accumulation. Net earnings and surplus shall be determined by the board of directors, after providing for such reserves as said directors deem desirable, and the determination of the directors made in good faith shall be conclusive on all persons.

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Corporations organized under this Chapter shall adopt the calendar year as their fiscal year. 41A-3414. Deposit of Funds . The corporation shall not deposit any of its funds in any bank or other financial institution unless such institution has been designated as a depository by a vote of a majority of the directors present at an authorized meeting of the board of directors, exclusive of any director who is an officer or director of the depository so designated. The corporation shall not receive money on deposit. 41A-3415. Supervision . The Department shall exercise the same power and authority over corporations organized under this Code as is now or hereafter exercised over banks and trust companies by the provisions of Parts I and II of this Code, where such law is not in conflict with this Code. 41A-3416. First Meeting and Organization . (a) The first meeting of the corporation shall be called by a notice signed by three or more of the incorporators, stating the time, place, and purpose of the meeting, a copy of which notice shall be mailed or delivered to each incorporator at least five days before the day appointed for the meeting. Said first meeting may be held without such notice upon agreement in writing to that effect, signed by all the incorporators. There shall be recorded in the minutes of the meeting a copy of said notice or of such unanimous agreement of the incorporators. (b) At such first meeting, the incorporators shall organize by the choice, by ballot, of a temporary clerk; by the adoption of bylaws; by the election by ballot of directors; and by action upon such other matters within the powers of the corporation as the incorporators may see fit. The temporary clerk shall be sworn and shall make and attest a record of the proceedings. Four of the incorporators shall be a quorum for the transaction of business.

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41A-3417. Duration and Dissolution of Corporation. (a) The period of duration of the corporation shall be thirty-five years; subject, however, to the right of its shareholders and the members to dissolve the corporation prior to the expiration of said period as provided in subsection (b). (b) The corporation may, upon the affirmative vote of two-thirds of the votes to which the shareholders shall be entitled, dissolve said corporation. Upon any dissolution of the corporation, none of the corporation's assets shall be distributed to the shareholders until all sums due the members of the corporation as creditors thereof have been paid in full. 41A-3418. State Credit Not Pledged. Under no circumstances shall the credit of the State of Georgia be pledged to any corporation organized under this Chapter, nor shall acts of such corporation in any manner constitute or result in the creation of any indebtedness of the State of Georgia or any county or municipal corporation therein. 41A-3419. Tax Exemptions; Occupational License Tax. (a) Any tax exemptions, tax credits, or tax privileges granted to banks or trust companies, building and loan associations, and other financial institutions by any general laws of this State are granted to corporations organized pursuant to this Chapter. (b) Every corporation organized and engaged in business under the provisions of this Chapter shall pay an annual State occupational license tax of $50.00. Counties and municipalities are authorized, in addition, to levy the occupational license taxes as prescribed: Provided, however, no county or municipality shall levy any such occupational license tax in a greater amount than those prescribed.

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PART VII. BUILDING AND LOAN ASSOCIATIONS, SAVINGS AND LOAN ASSOCIATIONS AND SIMILAR ENTITIES. CHAPTER 41A-35. BUILDING AND LOAN ASSOCIATIONS AND SAVINGS AND LOAN ASSOCIATIONS. 41A-3501. Definitions. As used in this Chapter: (a) `Deposit' means any arrangement whereby a withdrawable interest is created in a building and loan association or whereby the building and loan association becomes indebted to a person transferring to it money, commercial paper or similar items for the payment of money whether called a `share', `account', `certificate', `share account', `savings account', `deposit', `savings deposit', `deposit account' or otherwise. (b) `Building and Loan Association' means a local mutual association existing under the laws of this State on April 1, 1975, or organized under this Chapter without capital stock which: (1) is authorized to receive deposits, but not to hold them subject to check; (2) receives the greater portion of its funds from such deposits; and (3) lends the greater portion of its funds on the security of first liens or security titles on homes and on the security of first liens on its own deposits. (c) An association is local within the meaning of this Chapter if the greater portion of its investment in real estate loans is limited to loans on the security of a first lien or security title on real estate. Any such association may purchase real estate loans or interests in real estate loans which are made and owned by other associations qualified under the building and loan statutes of their respective states or from any savings and loan association

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to the extent authorized by the regulations of the Department; provided, that such regulations shall not permit the purchase of loans, or interests in loans, of any type or in any amounts (per individual loan or in the aggregate) which are not permitted by law to be purchased by savings and loan associations with principal offices in this State. (d) An association is mutual if all depositors in such association participate in the income of such association and if all borrowers are privileged to vote at least one vote at any meeting of members, it being unnecessary that any borrower should subscribe to, or purchase any shares, or be entitled to participate in any way in the income of such association. 41A-3502. Members and Voting. All depositors of the building and loan association and all borrowers from it, all persons assuming or obligated upon loans made or held by it, and all persons buying the property securing loans made by such association subject to such loans, shall be members of such association. At all meetings of the members of such association each borrower and each obligor upon a loan, and each owner of property subject to a loan shall be entitled to one vote as such borrower, obligor or owner. Depositors, whether borrowers or not, shall be entitled to vote as otherwise provided by law or the regulations of the Department. 41A-3503. Articles. (a) Five or more persons competent to contract, a majority of whom shall be residents of this State, who may desire to create a building and loan association under provisions of this Chapter shall present articles as herein described to the principal court. The articles shall contain: (1) the name of the building and loan association; (2) a recitation that it is being organized under this Chapter; (3) the county of its location;

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(4) the location where its initial registered offices will be located; (5) the period of its duration, which shall be perpetual unless otherwise limited; (6) the number of directors constituting the initial board of directors and the name and address of each person who is to serve as a member thereof; (7) the name and address of each incorporator; and (8) any provision which the incorporators may choose to insert for the regulation of the business and affairs of the association. (b) The articles shall be in writing, subscribed by the incorporators and acknowledged by each of them before an officer authorized to take acknowledgments. A copy of the articles so subscribed and acknowledged shall also be filed with the Department for approval. The proposed building and loan association shall not constitute a corporation or engage in business until the articles are approved by the principal court as provided herein. 41A-3504. Approval of Department. (a) Upon receipt of articles, the Department shall exercise its discretion in its consideration thereof, but the Department shall not approve them until it has ascertained to its satisfaction: (1) that the public need and advantage will be promoted by the establishment of the building and loan association; (2) that conditions in the locality in which the corporation will transact business afford reasonable promise of a successful operation; (3) that the proposed officers and directors have sufficient experience, ability and standing to afford reasonable promise of a successful operation. (b) Within ninety days after receipt of the articles, the

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Department shall approve or disapprove the articles in writing. The decision of the Department shall be conclusive, except as it may be subject to judicial review under section 41A-401. 41A-3505. Approval of the Principal Court. (a) The principal court shall not approve the articles until it has received: (1) a certificate of the Secretary of State certifying that the proposed name of the building and loan association has been reserved pursuant to section 41A-602; (2) the written approval of the Department issued pursuant to section 41A-3304. (b) No court in this State hereafter may grant any renewals or amendments to any existing articles of any such association without the prior written approval of the Department. Any new articles or any renewals of, or amendments to, any existing charters, granted in the future without such prior written approval shall be null and void. 41A-3506. Amendment of Articles. (a) Subject to the approval of the Department under subsection (b), the articles may be amended by the affirmative vote of two-thirds of the members of the building and loan association entitled to vote thereon. (b) Within thirty days after any meeting at which an amendment to articles is approved, it shall be submitted to the Department together with such information as the Department shall require. If the Department finds in its discretion that the proposed amendment is in conformity with the objectives and requirements of this Chapter, it shall issue its written approval of the amendment. If the amendment is disapproved, the Department shall briefly state its reasons for such action to the corporation. The decision of the Department shall be conclusive except as it may be subject to judicial review as provided in Section 41A-401.

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(c) Upon the approval of the Department, articles of amendment signed and sworn to by the president setting forth such amendment and due adoption thereof, shall, together with the Department's written approval thereof, be submitted to the principal superior who shall examine them, and if it finds that they conform to the requirements of this Chapter, shall so certify and endorse its approval thereon. 41A-3507. Certificate of the Secretary of State. Upon approval by the principal court of articles or amendments thereto, the building and loan association shall submit such articles and approval with the fees required by Section 41A-3703 to the Secretary of State who shall then issue to the incorporators a certificate of incorporation or amendment, as the case may be. 41A-3508. Offices. No building and loan association or savings and loan association or similar corporation existing under the laws of this State or of the United States shall accept deposits in this State except on the premises of an established principal office or branch operated pursuant to the provisions of this Chapter. For the purposes 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 established in a fixed location and to be operated at such location on substantially a full-time basis. 41A-3509. Rules and Regulations. Without limitation on the authority conferred by Part I of this Code, the Department may make all such reasonable rules and regulations governing the operation of building and loan associations, provided the same are not in conflict with any of the provisions of this Chapter; such rules and regulations shall provide reasonable bonds for all officers and employees of building and loan associations handling moneys; reasonable limitations on the type of real estate on which funds may be loaned and the percentage of value to be loaned; and the Department shall have power to make all such other reasonable rules and regulations to protect all funds deposited by the public in the building and loan associations.

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41A-3510. Nomenclature. No person or corporation, except a building and loan association or a savings and loan association actually engaged in carrying on a building and loan or savings and loan business as contemplated by this Chapter or the laws of the United States, shall transact business under any name or title which contains the terms `savings and loan' or `building and loan' or combination of the words used in said phrases, nor use any sign, or use any letterhead, or billhead, circular, or paper of any kind, or advertise in any manner which indicates that his or its business is the character or kind of business carried on or transacted by a building and loan, or savings and loan association, or which is likely to lead the public to believe that his or its business is that of a building and loan, or savings and loan association. 41A-3511. Lien on Deposits to Secure Loans. To secure loans, building and loan associations and savings and loan associations, shall have a lien without further agreement or pledge upon all deposits with it by a borrower, and upon default upon any loan, such associations may, without notice to or consent of the borrower, cancel on its books part or all of the amount outstanding to the credit of the borrower not exceeding his obligations to the association and apply such amount in payment of the obligations. 41A-3512. Conversion into Savings and Loan Associations. Any building and loan association or other financial institution existing under the laws of this State doing a home financing business may convert itself into a savings and loan association in accordance with the provisions of section 5 of the Home Owners' Loan Act of 1933, 12 U.S.C. sections 1751-1790, upon a vote of fifty-one percent or more of the votes of the members cast at an annual meeting, or at any special meeting called to consider such action. 41A-3513. Effect of Conversion. Upon the conversion of any building and loan association into a savings and loan association, the corporate existence of such association shall not terminate, but such savings and loan association

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shall be deemed to be a continuation of the entity of the building and loan association so converted and all property of the converted building and loan association, including its rights, titles and interests in and to all property of whatsoever kind, whether real, personal or mixed, and choses in action and every right, privilege, interest and assets of any conceivable value, or benefit, then existing or pertaining to it, or which inure to it, shall immediately, by act of law and without any conveyance or transfer and without any further act or deed, remain and be vested in and continue to be the property of such savings and loan association into which the building and loan association has converted itself, and such savings and loan association shall have, hold and enjoy the same in its own right as fully and to the same extent as the same was possessed, held and enjoyed by the converting building and loan association; and such savings and loan association, as of the time of the taking effect of such conversion, shall continue to have and succeed to all of the rights, obligations and relations of the converting building and loan association. All pending actions and other judicial proceedings to which the converting building and loan association is a party shall not be deemed to have abated or to have discontinued by reason of such conversion, but may be prosecuted to final judgment, order or decree in the same manner as if such conversion had not been made and such savings and loan association resulting from such conversion may continue such action in its corporation name and any judgment, order or decree may be rendered for or against the converting building and loan association theretofore involved in such judicial proceedings. 41A-3514. Previous Conversions Ratified. Any building and loan association or corporation, which has heretofore converted itself into a federal loan association, under the provisions of the Home Owners' Loan Act of 1933, and has received a charter from the Federal Home Loan Bank Board, shall hereafter be recognized as a savings and loan association and its federal charter shall be given full credence by the courts of this State and to the same extent as if such conversion had taken place under the provisions of this Chapter.

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41A-3515. Conversion into Building and Loan Association. Any savings and loan association may convert itself into a building and loan association under this Chapter upon a vote of fifty-one percent or more of the votes of members of such savings and loan association cast at any annual meeting, or at any special meeting called to consider such action. 41A-3516. Effect of Conversion of Savings and Loan Association. All of the provisions regarding property and other rights contained in section 41A-3513 shall apply, in reverse order, to the conversion of a savings and loan association into a building and loan association operating under this Chapter, so that the building and loan association shall be a continuation of the corporate entity of the converting savings and loan association and continue to have all of its property and rights. 41A-3517. Taxation. No building and loan association or savings and loan association with a home office in this State shall be assessed or subjected to taxation by the State, any county, municipality or other political subdivision taxing authority, on its franchise, capital, reserves, surplus, loans, shares, or accounts; except that any real property and any tangible personal property not hereinbefore specifically mentioned, which may be owned by it, shall be subject to taxation to the same extent, according to its value, as all other real and tangible personal property is taxed; provided, that nothing herein shall prevent an Act relating to the taxation of national banks and banking associations, federal savings and loan associations and building and loan associations in the same manner and to the same extent as banks organized and chartered under the laws of Georgia, approved April 17, 1973 (Ga. L. 1973, p. 924), from becoming effective in accordance with its terms. 41A-3518. Securities Exemption. The opening and transfer of deposits in a building and loan association or savings and loan association are hereby exempted from all provisions of law of this State which provide for the supervision and the regulation of the sale of securities, even if

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the word `shares' or similar terminology is used in connection therewith, and the sale of any such deposits shall be legal without any action or approval whatsoever on the part of any official authorized to license, regulate, and supervise the sale of securities. 41A-3519. Notaries not Disqualified. No notary public or other public officer shall be disqualified from taking the acknowledgment of or witnessing any instrument, in writing, in which a building and loan association or a savings and loan association is interested, by reason of his holding an office in or being a member of, or being pecuniarily interested in or employed by such associations so interested, and any such acknowledgments, or attestations heretofore taken are hereby validated. 41A-3520. Minor's Deposits. A minor shall be allowed to have deposits in a building and loan association or savings and loan association in his own name, and the deposits made by the minor shall not be subject to the control of his parent, guardian, or trustee. A receipt or acquittance signed by such a minor depositor shall be a valid and sufficient release and discharge of such association for any payment of any deposit to such minor. 41A-3521. Joint Accounts. When a deposit has been made, or shall hereafter be made, in any building and loan association or savings and loan association in the names of two persons, payable to either, or payable to either or the survivor, such deposit, or any part thereof, or any interest or dividend thereon, may be paid to either of said persons; and the receipt or acquittance of the persons so paid shall be valid and sufficient release and discharge to the association for any payment so made. The foregoing right to pay either party shall not be terminated by the death or incompetency of any other party. 41A-3522. Deposits of Fiduciaries. A building and loan association or a savings and loan association may receive deposits in the name of an administrator, executor, guardian, trustee or other fiduciary, in trust, for a named or an unnamed beneficiary or beneficiaries. Such deposit and

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dividends or interest thereon, or other rights relating thereto, may be paid or delivered, in whole or in part, to such fiduciary or may be exercised by such fiduciary without regard to any notice to the contrary so long as such fiduciary is living and until the association has received notice of the death of such fiduciary. The payment or delivery to any such fiduciary or a receipt or acquittance signed by any such fiduciary, to whom any such payment, or any such delivery of rights, is made, shall be a valid and sufficient release and discharge of such association for the payment or delivery so made. 41A-3523. Payment on Death of Depositor. (a) Upon the death of a depositor of a building and loan association or a savings and loan association, such association may pay the amount of his deposit or any portion thereof: (1) to an executor or administrator appointed by any court of competent jurisdiction in this State, or any other state, or if such association has no written notice of any such appointment or application for appointment within ninety days of the death of such depositor; (2) to the husband or wife of the depositor; (3) if no husband or wife, to the children of such depositor; or (4) if no children or spouse, then to the lawful heirs of such depositor as shown by affidavit of any relative of such deceased depositor. (b) The taking of such affidavit and the payment to any such persons of the deposit shall relieve such association of all liability as completely as if the deposit had been paid to the depositor in his lifetime. (c) In addition to the foregoing, if such depositor dies intestate, such association may, at any time thereafter, pay up to $2,500.00 of the deposit to the persons named in (2), (3) or (4) above, but in the order named; and such payment shall relieve the association from all liability as

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completely as if said amount had been paid to the depositor in his lifetime. 41A-3524. Deposits Applied to Funeral Expenses. If no application for the deposit is made by any person named in section 41A-3523 within ninety days from the death of a depositor, a building and loan association or a savings and loan association shall be authorized to apply not more than $1,000.00 of the deposit of such deceased depositor in payment of the funeral expenses of such deceased depositor upon receipt of an itemized statement of such expenses and the affidavit of the undertaker conducting the funeral that said statement was true and correct and had not been paid. 41A-3525. Investment for Trust Funds and Other Funds. Administrators, executors, guardians, trustees, and other fiduciaries of every kind and nature, insurance companies, charitable, educational, eleemosynary and public corporations and organizations, and municipalities and other public corporations and bodies, and public officials are authorized to invest funds held by them, without any order of any court, in deposits in building and loan associations or savings and loan associations, which are insured by the Federal Savings and Loan Insurance Corporation, and, to the extent of such insurance, such investments shall be deemed and held to be legal investments for such funds. 41A-3526. Accounts as Security or in Lieu of Bond. Whenever, under the laws of this State or otherwise, a deposit of securities is required, for any purpose, the deposits made legal investments by the foregoing Section shall be acceptable as such security, and whenever, under the law of this State, or otherwise, a bond is required with security, such bond may be furnished and the deposits made legal investments by the foregoing Section in the amount of such bond shall be acceptable to secure said bond without other security. The provisions of this Section and the foregoing Section are supplemental to any and all other laws relating to and declaring what shall be legal investments for the persons, corporations, organizations and officials referred to in these Sections and the laws relating to the deposit of

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securities and the making and filing of bonds for any purpose. 41A-3527. Account Books and Certificates. The original record of deposits in building and loan associations and savings and loan associations is the record on the books of the association, and the depositor shall be entitled to a savings account book or certificate, which is a duplicate of such record. Those dealing with such savings account books and certificates shall be bound by the record on the books of the association. In the event of the loss or destruction of any such savings account book or certificate, any association may, upon receipt of an affidavit of such loss or destruction, issue a duplicate thereof and remain liable only to the holder or holders as shown on the records of the association. The only way an effective transfer or pledge may be accomplished so as to affect the rights of the association is by transfer on the books of the association in the case of transfer or written notice of a pledge entered on the books of the association and acknowledged in writing in the case of a pledge, and the association shall be protected in paying any part of a deposit to the holder thereof as shown on the books of the association unless it has received written notice of a pledge or transfer thereof. 41A-3528. Insanity, Incompetency, Bankruptcy, or Death of Depositor. A building and loan association or a savings and loan association paying deposits to an insane or otherwise incompetent depositor or bankrupt depositor or acting upon the release and discharge or authorization of such depositor or acting upon the power of attorney of an insane, deceased or bankrupt depositor in good faith and without actual knowledge of the insanity or other incompetency, bankruptcy, or death of such depositor shall be protected in so doing and may lawfully charge such payment to the depositor's account. 41A-3529. Requirements to Obtain Deposit Insurance; Public Notice When Deposits Are Not Insured. (a) Every building and loan association shall be required to obtain deposit insurance satisfactory to the Department before it may conduct business and accept deposits, except that:

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(1) building and loan associations in existence and accepting deposits on April 1, 1975; and (2) building and loan associations which have had their deposit insurance coverage withdrawn or canceled; may, in the discretion of the Department, continue to accept deposits; provided that within three years of April 1, 1975, in the case of associations excepted under subsection (a) (1) and within six months after withdrawal or cancellation of insurance in the case of associations excepted in subsection (a) (2), such associations shall obtain deposit insurance written by an insurance company authorized to transact business in this State and acceptable to the Department or by the Federal Savings and Loan Insurance Corporation. The Department may, in its discretion, for cause shown, extend the time limitation in which deposit insurance must be obtained. (b) Deposit insurance required to be obtained in subsection (a) need not be in excess of amounts insured by the Federal Savings and Loan Insurance Corporation at the time the insurance is obtained, but wherever the insurance coverage is, in the opinion of the Department, less than amounts insured by the Federal Savings and Loan Insurance Corporation, the building and loan association shall be required to post a sign in boldface print, in letters at least four inches high, at a conspicuous place near the entrance of such association, which states `Deposits Not Insured' or `Deposits Insured Up To (insert amount of deposit insurance).' Such wording shall also follow the name of the building and loan association wherever it is written or printed and shall be posted in writing which is easily legible in letters at least one inch high at each window or desk receiving deposits. CHAPTER 41A-36. ENTITIES SIMILAR TO BUILDING AND LOAN ASSOCIATIONS. 41A-3601. Persons and Corporations Subject to Chapter. This Chapter shall apply to any corporation or person doing business as a building association, savings and loan association,

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building and loan association or the building society planwhere such corporation or person is neither a building and loan association nor a savings and loan association. 41A-3602. Restriction on Loans and Investments. The entities subject to this Chapter shall make no loans or other investments not allowed to building and loan associations under Chapter 41A-33 and the regulations of the Department issued pursuant thereto. 41A-3603. Operation under Chapter 41A-35. All such corporations subject to this Chapter that have no capital stock but are local and mutual associations as defined in Section 41A-3501 shall, upon written application to the Department and upon compliance with law and regulations of the Department, be classified and operate as building and loan associations under Chapter 41A-35. 41A-3604. Requirements as to Securities: Acceptance of Savings Accounts or Deposits Prohibited. All such corporations subject to this Chapter and which have not become building and loan associations shall raise their funds and their capital solely by issue of securities after complying with the Georgia Securities Act and all appropriate federal laws and: (a) Shall register an issue of securities with the Commissioner of Securities only once within any period of 24 consecutive months. (b) Shall not sell any such security except during the six-month period immediately following registration of such security with the Commissioner of Securities. (c) Shall not follow the general practice of redeeming outstanding securities but shall redeem before the maturity date thereof a maximum of five percent of the aggregate amount outstanding of any issue of a creditor-type security, and shall redeem a maximum during any calendar year of two percent of the total aggregate value of the securities outstanding of any noncreditor-type security issue (valued

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according to the amounts paid to such corporation for such noncreditor securities). (d) Shall not advertise in or through any newspaper, radio, television, letters, circulars, billheads or in any manner or through any medium that it will redeem any type security at any time other than at the maturity of a creditor-type security. (e) Shall not accept `savings' or `savings accounts' or `deposits' as such from the public, or from any substantial portion thereof, and shall not use the terms `savings,' `savings accounts,' `deposits,' or any equivalent thereof in any advertisement as above-described in subparagraph (d) indicating reference to securities issued or to be issued by the corporation. (f) For the purpose of this Section, the terms `redemption' and `redeem' shall have reference to any redemption, purchase, exchange, distribution, or any other device or transaction whereby the holder of any such security shall receive cash or its equivalent for his interest in such security. A `creditor-type security' shall mean any promissory note or other type security as defined in said Georgia Securities Act which raises the relationship of debtor and creditor between the corporation issuing same and the person to whom same is issued. A `noncreditor-type security' shall have reference to any security as defined in said Georgia Securities Act which is not a `creditor-type' security. PART VIII. CHAPTER 41A-37. ADMINISTRATIVE AND TRANSITION PROVISIONS. 41A-3701. Effective Date. This Code shall become effective at 12:01 a.m. on April 1, 1975. It applies to transactions and events occurring on and after that date. 41A-3702. Transition; Protection of Existing Charters, Regulations, Fees, and Appointments; Proposed Regulations.

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(a) Transactions validly entered into before April 1, 1975, and the rights, duties and interests flowing from them remain valid thereafter and may be terminated, completed, consummated or enforced as required or permitted by any statute or other law amended or repealed by this Code as though such repeal or amendment had not occurred. (b) The validity of existing articles and charters shall not be impaired by this Code. Appointments of officers in effect on April 1, 1975, shall continue in force until changed as permitted by this Code or other applicable law. Regulations which have been issued by the Department or the Commissioner and fee schedules established by either of them or existing pursuant to statute shall remain in effect until changed pursuant to this Code. (c) The Department is hereby authorized to exercise its power to make rules and regulations bestowed by this Code by promulgating proposed regulations prior to April 1, 1975, which regulations would become effective on or after said effective date. 41A-3703. Fees to be Paid to Secretary of State. The Secretary of State shall charge and collect the following fees in connection with the filing of the designated documents: Articles of incorporation, amendments, merger, consolidation, conversion or dissolution of a bank or trust company $100 Articles of incorporation of a credit union $ 10 Articles of amendment of a credit union $ 1 Approved articles of a business development corporation or amendments thereto $ 15 Approved articles of a building and loan association or amendments thereto $ 15 Application to reserve a name for a financial institution $ 3.

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PART IX. CHAPTER 41A-99. CRIMINAL AND RELATED PROVISIONS. 41A-9901. Criminal Prosecutions. Upon discovery, by report or otherwise, of any violation of any criminal law of this State which relates to a financial institution, the Department shall institute criminal proceedings in the manner provided by law. The Department shall have the right to submit to the grand juries of the respective counties of the State any criminal violations of the laws of Georgia known by it to have occurred in such counties, or it may likewise submit to any United States District Attorney any criminal violations of the laws of Georgia which also constitute violations of the laws of the United States applicable to such financial institution. This provision shall not be so construed as to prevent the Commissioner or other persons from proceeding in such cases by affidavit and warrant. 41A-9902. Applicability of Criminal Code. (a) The following Chapters of the Criminal Code of Georgia are hereby expressly made applicable to financial institutions, their directors, officers, agents and employees, and persons or corporations having dealings with, supervision over, or other contact with financial institutions: (1) Chapter 26-13 relating to Damage to Property; (2) Chapter 26-14 relating to Arson and Belated Offenses; (3) Chapter 26-16 relating to Burglary and Related Offenses; (4) Chapter 26-17 relating to Deceptive Practices; (5) Chapter 26-18 relating to Theft; (6) Chapter 26-19 relating to Robbery; (7) Chapter 26-23 relating to Abuse of Government Office; and

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(8) Chapter 26-24 relating to Perjury and other Falsifications. (b) Nothing in the foregoing section shall be construed to indicate that the designated Chapters of the Criminal Code were not applicable to the enumerated financial institutions, persons or corporations prior to April 1, 1975, or that other provisions of the Criminal Code are not in appropriate circumstances also applicable to the enumerated financial institutions, persons or corporations. 41A-9903. Giving Notice of Examination. Any commissioner, deputy commissioner, or other employee of the Department who shall give notice or information, directly or indirectly, to any officer, director, agent, representative or employee of any financial institution as to the time when such financial institution will be visited for examination, shall be guilty of a misdemeanor; provided, this Section shall not apply to special examinations made at the request of the financial institution or on motion by the Commissioner in addition to the annual examination required by section 41A-305. 41A-9904. Reception of Gifts; Illegal Interests. Any commissioner, deputy commissioner, or other employee of the Department who shall violate or participate in a violation of section 41A-207, relating to restrictions on Department officials and employees, shall be guilty of a misdemeanor. Violation of this provision shall be grounds for removal from office. 41A-9905. Felonies of Directors, Officers, Agents and Employees of Financial Institutions. Any director, officer, agent or employee of a financial institution who knowingly: (a) makes any false entry in any book, report or statement of the financial institution, or who omits or concurs in omitting to make any material entry in its books or accounts with intent in either case to injure or defraud the financial institution, or any other company, firm or person, or to deceive any officer of the financial institution, the Commissioner or any examiner, and every person who with

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like intent aids or abets any officer, director, clerk, agent or employee in making any false entry, report or statement, or omitting to make any material entry on its books and accounts shall be punished by imprisonment and labor in the penitentiary for not less than one year nor more than ten years; (b) while in charge of or employed in a financial institution, allows it to receive a deposit knowing the financial institution to be insolvent shall be punished by imprisonment in the penitentiary for not less than one year nor more than ten years if loss or injury shall result to such depositor; (c) by letterheads, newspaper advertisements, signs, circulars, or otherwise, represents the capital stock of any financial institution to be in excess of the capital actually paid in, or who knowingly makes or concurs in making or publishing any written report, exhibit, or statement of its affairs or pecuniary condition, containing any material statement therein which is false, or who knowingly omits or concurs in omitting any statement required by law or to be contained therein, shall be punished by imprisonment and labor in the penitentiary for not less than one year nor more than five years; (d) violates or is involved in violating any provision of the charter or bylaws of said financial institution shall be punished by imprisonment and labor in the penitentiary for not less than one year nor longer than five years. 41A-9906. Certain Misdemeanors of Directors, Officers, Agents and Employees of Financial Institutions. Any officer, director, agent or employee of any financial institution who shall perform the following acts or deeds shall be guilty of a misdemeanor: (a) advertises by any office sign or upon any letterhead, billhead, bank note, receipt, certificate, circular, or on any written or printed paper that the deposits in said financial institution are insured or guaranteed, unless such deposits in said financial institution are, in fact, insured and guaranteed as required by sections 41A-1105,

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41A-3117 and 41A-3529 of this Code or regulation or action of the Department pursuant thereto; (b) intentionally conceals from the directors of any financial institution, or from the committee to whom the directors have delegated authority to pass on loans and discounts, any discount or loan made for and in behalf of said financial institution, or the purchase or sale of any evidence of indebtedness or agreement for the payment of money; (c) uses or applies any part of the capital or other funds of any financial institution to the purchase of shares of its own stock, unless such purchase shall be necessary to prevent loss upon a debt previously contracted in good faith under section 41A-1204 or is otherwise permitted by law; (d) concurs in any vote or act of the directors of such financial institution by which it is intended to declare a dividend or reduce or make a distribution of capital except as authorized by Sections 41A-2101, 41A-2102, or otherwise under this Code or other applicable law; (e) discounts or receives any evidence of indebtedness or agreement for the payment of money in payment of any subscription for common or preferred shares or with intent to enable any shareholder to withdraw any part of the money paid by him for shares held in the financial institution; (f) knowingly and wilfully issues, participates in issuing, or concurs in any vote of the directors to issue any increase of its capital beyond the amount of the capital thereof duly authorized by or in pursuance of law, or who knowingly or wilfully sells, or agrees to sell, or who is interested, directly or indirectly, in the sale of any such shares of stock of such financial institution, or in any agreement to sell the same; (g) certifies any check, draft, or order where drawer of such check, draft or order does not have on deposit with the financial institution at the time of such certification an amount of money equal to the amount specified in such

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check, draft or order, or fails to charge or set aside such amount from the deposit of the drawer immediately for the purpose of paying such certified check, draft or order when presented; (h) makes or consents to the making of any conveyance, assignment, transfer, mortgage or lien, with intent to hinder, delay, or defraud creditors, after insolvency of the financial institution or in contemplation thereof, whether the same be made to an innocent purchaser or to any other person. 41A-9907. Other Misdemeanors of Directors, Officers, Agents and Employees of Financial Institutions. Any director, officer, agent, or employee of a financial institution who shall wilfully violate or participate in the violation of the following provisions of this Code shall be guilty of a misdemeanor: (a) Section 41A-207 relating to restrictions on Department officials and employees; (b) Section 41A-303 relating to accounting requirements to be followed by financial institutions; (c) Section 41A-1306 relating to loan limits on banks; (d) Section 41A-1312 relating to borrowing limits on banks; (e) Section 41A-1402 relating to operations as a fiduciary by a trust company; (f) Section 41A-2212 relating to limitations on financing to director and officers of banks and trust companies; (g) Section 41A-2213 relating to prohibitions applicable to directors, officers, employees and attorneys of bank and trust companies in dealings with the institution to which they are connected; and

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(h) Section 41A-3109 relating to loan limits on credit unions. 41A-9908. Miscellaneous Misdemeanor Crimes. Any person or corporation, including any financial institution or its directors, officers, agents or employees, who shall perform the following acts or deeds shall be guilty of a misdemeanor: (a) publishes or causes to be published any false statement, expressed either by printing or writing, or signs, pictures, or the like, of or concerning any financial institution as to the assets or liabilities of said financial institution, or as to its solvency or ability to meet its obligations, or as to its soundness or who shall publish or cause to be published any other false statement so expressed, calculated to affect the credit or standing of said financial institution, or to cast suspicion upon its solvency, soundness, or ability to meet its deposits or other obligations in due course; (b) falsely circulates any report, or makes any false oral statement as to the assets or liabilities of a financial institution, or as to its solvency or ability to meet its obligations, or as to its soundness, or who shall make any other false oral statement calculated to affect the credit or standing of said financial institution, or ability to meet its deposits or other obligations in due course; and (c) wilfully engages in the business of: (1) a bank in violation of section 41A-1102; (2) a trust company in violation of Section 41A-1103; (3) a credit union before receiving a permit to do business under section 41A-3004; (4) selling checks before receiving a license as required by section 41A-3202; (5) an international bank agency before receiving the permit requird by section 41A-3304;

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(6) a business development corporation before approval of the Department is granted under Section 41A-340; and (7) a building and loan association before its articles are approved pursuant to section 41A-3505. (d) wilfully violates: (1) Section 41A-1104 dealing with restrictions on banking or trust nomenclature; and (2) Section 41A-3510 dealing with restrictions on building and loan and savings and loan association nomenclature. 41A-9909. Protection on Bad Checks; Drafts, Orders. If any person or corporation shall be arrested or prosecuted for violation of section 26-1704 of the Criminal Code, the person or corporation who arrested or caused such person to be arrested and prosecuted, or either, shall be conclusively deemed to 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, after payment of such check, draft or order is not made by the drawee upon due presentation, the one who arrested or caused such person to be arrested and prosecuted, or either, shall have mailed written notice to such maker, drawer, or transferor informing him that payment of such check, draft or order has been refused, and then waited ten 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, drawer or transferor; and provided, further, however, if payment of any check, draft, or order for the payment of money be refused because the maker or drawer had no account with the bank or other depository on which said instrument was drawn, the one causing the arrest or prosecution shall be deemed to have acted with reasonable or probable cause even though he or it has not mailed the written notice or waited for

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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 marker thereof. 41A-9910. Punishment for Misdemeanor for Violations. Upon conviction of a misdemeanor as prescribed by the several provisions of this Code, the offender shall be punished or prescribed by Code section 27-2506, as now or hereafter amended. Section 2. 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 it it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 3. Specific Repealer. (a) Except as provided in subsection (b) of this Section, Code Title 13, known as the Banking Law of Georgia, as amended, by an Act approved March 11, 1935 (Ga. L. 1935, p. 101), an Act approved March 15, 1935 (Ga. L. 1935, p. 103), an Act approved March 31, 1937 (Ga. L. 1937, p. 423), an Act approved March 31, 1937 (Ga. L. 1937, p. 425), an Act approved March 31, 1937 (Ga. L. 1937, p. 429), an Act approved March 24, 1939 (Ga. L. 1939, p. 360), an Act approved March 27, 1941 (Ga. L. 1941, p. 312), an Act approved March 20, 1943 (Ga. L. 1943, p. 246), an Act approved March 19, 1943 (Ga. L. 1943, p. 248), an Act approved February 26, 1943 (Ga. L. 1943, p. 249), an Act approved February 22, 1943 (Ga. L. 1943, p. 253), an Act

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approved February 22, 1943 (Ga. L. 1943, p. 254), an Act approved March 19, 1943 (Ga. L. 1943, p. 257), an Act approved March 6, 1945 (Ga. L. 1945, p. 208), an Act approved March 6, 1945 (Ga. L. 1945, p. 216), an Act approved March 8, 1945 (Ga. L. 1945, p. 253), an Act approved March 9, 1945 (Ga. L. 1945, p. 403), an Act approved February 1, 1946 (Ga. L. 1946, p. 65), an Act approved March 25, 1947 (Ga. L. 1947, p. 480), an Act approved March 25, 1947 (Ga. L. 1947, p. 501), an Act approved March 25, 1947 (Ga. L. 1947, p. 673), an Act approved February 8, 1949 (Ga. L. 1949, p. 308), an Act approved February 8, 1949 (Ga. L. 1949, p. 309), an Act approved February 9, 1949 (Ga. L. 1949, p. 378), an Act approved February 9, 1949 (Ga. L. 1949, p. 442), an Act approved January 26, 1950 (Ga. L. 1950, p. 18), an Act approved February 19, 1951 (Ga. L. 1951, p. 201), an Act approved February 19, 1951 (Ga. L. 1951, p. 284), an Act approved February 19, 1951 (Ga. L. 1951, p. 287), an Act approved February 15, 1952 (Ga. L. 1952, p. 189), an Act approved February 17, 1953 (Ga. L. 1953, p. 67), an Act approved February 17, 1953 (Ga. L. 1953, p. 70), an Act approved February 17, 1953 (Ga. L. 1953, p. 73), an Act approved December 18, 1953 (Ga. L. 1953 (Nov.-Dec. Sess., p. 328), an Act approved February 21, 1955 (Ga. L. 1955, p. 201), an Act approved February 21, 1955 (Ga. L. 1955, p. 202), an Act approved March 4, 1955 (Ga. L. 1955, p. 414), an Act approved March 7, 1957 (Ga. L. 1957, p. 275), an Act approved March 13, 1957 (Ga. L. 1957, p. 501), an Act approved March 17, 1958 (Ga. L. 1958, p. 133), an Act approved March 17, 1959 (Ga. L. 1959, p. 238), an Act approved March 17, 1959 (Ga. L. 1959, p. 250), an Act approved March 17, 1959 (Ga. L. 1959, p. 323), an Act approved March 17, 1959 (Ga. L. 1959, p. 328), an Act approved March 17, 1960 (Ga. L. 1960, p. 945), an Act approved March 24, 1960 (Ga. L. 1960, p. 1170), an Act approved March 28, 1961 (Ga. L. 1961, p. 196), an Act approved February 26, 1962 (Ga. L. 1962, p. 95), an Act approved April 9, 1963 (Ga. L. 1963, p. 369), an Act approved April 12, 1963 (Ga. L. 1963, p. 511), an Act approved April 12, 1963 (Ga. L. 1963, p. 512), an Act approved April 12, 1963 (Ga. L. 1963, p. 549), an Act approved April 12, 1963 (Ga. L. 1963, p. 550), an Act

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approved April 12, 1963 (Ga. L. 1963, p. 602), an Act approved February 14, 1964 (Ga. L. 1964, p. 75), an Act approved March 18, 1964 (Ga. L. 1964, p. 689), an Act approved March 24, 1965 (Ga. L. 1965, p. 281), an Act approved April 1, 1965 (Ga. L. 1965, p. 494), an Act approved April 1, 1965 (Ga. L. 1965, p. 496), an Act approved April 1, 1965 (Ga. L. 1965, p. 501), an Act approved April 5, 1965 (Ga. L. 1965, p. 523), an Act approved April 5, 1965 (Ga. L. 1965, p. 524), an Act approved April 5, 1965 (Ga. L. 1965, p. 540), an Act approved March 18, 1966 (Ga. L. 1966, p. 590), an Act approved March 18, 1966 (Ga. L. 1966, p. 691), an Act approved March 17, 1967 (Ga. L. 1967, p. 105), an Act approved April 14, 1967 (Ga. L. 1967, p. 555), an Act approved April 18, 1967 (Ga. L. 1967, p. 798), an Act approved March 18, 1968 (Ga. L. 1968, p. 329), an Act approved April 8, 1968 (Ga. L. 1968, p. 1042), an Act approved April 8, 1968 (Ga. L. 1968, p. 1044), an Act approved April 8, 1968 (Ga. L. 1968, p. 1045), an Act approved April 9, 1968 (Ga. L. 1968, p. 1162), an Act approved March 26, 1969 (Ga. L. 1969, p. 126), an Act approved April 23, 1969 (Ga. L. 1969, p. 603), an Act approved April 28, 1969 (Ga. L. 1969, p. 958), an Act approved April 28, 1969 (Ga. L. 1969, p. 964), an Act approved April 28, 1969 (Ga. L. 1969, p. 976), an Act approved April 28, 1969 (Ga. L. 1969, p. 978), an Act approved March 20, 1970 (Ga. L. 1970, p. 485), an Act approved March 21, 1970 (Ga. L. 1970, p. 583), an Act approved March 27, 1972 (Ga. L. 1972, p. 437), an Act approved March 27, 1972 (Ga. L. 1972, p. 556), an Act approved April 3, 1972 (Ga. L. 1972, p. 727), an Act approved April 7, 1972 (Ga. L. 1972, p. 1242), an Act approved April 3, 1973 (Ga. L. 1973, p. 278), an Act approved April 13, 1973 (Ga. L. 1973, p. 491), sections 2-8 of an Act approved April 13, 1973 (Ga. L. 1973, p. 526), an Act approved April 13, 1973 (Ga. L. 1973, p. 534) and an Act approved April 17, 1973 (Ga. L. 1973, p. 811), is hereby repealed in its entirety. (b) This Act does not expressly or impliedly repeal the following laws amending Code Title 13, known as the Banking Law of Georgia: Sections 1 and 6 of an Act approved

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February 9, 1960 (Ga. L. 1960, p. 67), an Act approved March 28, 1970 (Ga. L. 1970, p. 954), an Act approved April 3, 1973 (Ga. L. 1973, p. 281), Section 1 of an Act approved April 13, 1973 (Ga. L. 1973, p. 526), an Act approved April 16, 1973 (Ga. L. 1973, p. 127). The term bank appearing in such laws shall continue to have the meaning specified in Section 2 of an Act amending said Code Title 13, approved February 9, 1960 (Ga. L. 1960, p. 67), although said section is repealed for all other purposes. (c) An Act known as The Regulated Certificated Bank Act, approved March 18, 1966 (Ga. L. 1966, p. 692), is hereby repealed in its entirety. (d) Code Title 109, relating to trust companies, as amended by an Act approved March 25, 1947 (Ga. L. 1947, p. 476), an Act approved February 15, 1952 (Ga. L. 1952, p. 193), an Act approved December 21, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 276), an Act approved March 24, 1960 (Ga. L. 1960, p. 1175), an Act approved March 14, 1966 (Ga. L. 1966, p. 463), an Act approved March 27, 1972 (Ga. L. 1972, p. 384) and an Act approved April 13, 1973 (Ga. L. 1973, p. 525), is hereby repealed in its entirety. (e) An Act providing the procedure for converting corporations exercising trust powers into State chartered banks, approved February 26, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 240) and an Act approved March 27, 1972 (Ga. L. 1972, p. 384), is hereby repealed in its entirety. (f) An Act to amend Code Chapter 25-1, relating to credit unions, as amended by an Act approved March 26, 1935 (Ga. L. 1935, p. 114), an Act approved March 20, 1943 (Ga. L. 1943, p. 279), an Act approved March 9, 1956 (Ga. L. 1956, p. 742), an Act approved March 17, 1960 (Ga. L. 1960, p. 977), an Act approved February 16, 1962 (Ga. L. 1962, p. 74) and an Act approved March 28, 1968 (Ga. L. 1968, p. 465), is hereby repealed in its entirety. (g) An Act to further regulate the incorporation and the renewal of charters of credit unions, approved April

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14, 1967 (Ga. L. 1967, p. 595), is hereby repealed in its entirety. (h) An Act to provide for the liquidation of credit unions organized under the laws of this State, approved April 14, 1967 (Ga. L. 1967, p. 597), is hereby repealed in its entirety. (i) An Act known as the Georgia Sale-of-Checks Act, approved March 2, 1965 (Ga. L. 1965, p. 81), is hereby repealed in its entirety. (j) An Act to be cited as the International Bank Agency Act, approved April 6, 1972 (Ga. L. 1972, p. 1140), is hereby repealed in its entirety. (k) An Act known as the Georgia Business Development Corporation Act, approved April 3, 1972 (Ga. L. 1972, p. 798), is hereby repealed in its entirety. (l) Code Title 16, relating to building and loan associations, as amended by an Act (known as the Building and Loan Act), approved December 24, 1937 (Ga. L. 1937-38, p. 307), an Act approved March 2, 1943 (Ga. L. 1943, p. 258), an Act approved March 8, 1945 (Ga. L. 1945, p. 263), an Act approved February 15, 1952 (Ga. L. 1952, p. 305), an Act approved March 9, 1956 (Ga. L. 1956, p. 628), an Act approved May 25, 1958 (Ga. L. 1958, p. 620), an Act approved April 25, 1969 (Ga. L. 1969, p. 803), an Act approved April 13, 1973 (Ga. L. 1973, p. 533) and an Act approved April 13, 1973 (Ga. L. 1973, p. 653), is hereby repealed in its entirety. (m) An Act to permit building and loan associations to accept the advantages of the Home Owners Loan Act of 1933, approved March 15, 1935, is hereby repealed in its entirety. (n) An Act to regulate those doing a business similar to building and loan associations, approved March 6, 1962 (Ga. L. 1962, p. 624), is hereby repealed in its entirety. Section 4. General Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1974.

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MOTOR VEHICLESTRAFFIC ACCIDENTS ON EXPRESSWAY SYSTEMDUTY TO REMOVE VEHICLE PROVIDED. No. 1204 (House Bill No. 1801). An Act to amend an Act known as the Uniform Act Regulating Traffic on Highways, approved January 11, 1954 (Ga. L. 1953 Nov.-Dec. Sess., p. 556), as amended, particularly by an Act approved April 3, 1972 (Ga. L. 1972, p. 819), so as to provide that drivers, and certain other persons, of motor vehicles involved in traffic accidents on the expressway system of certain standard metropolitan statistical areas shall be required to move such motor vehicles so as not to obstruct traffic under certain conditions; to provide for definitions; 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 April 3, 1972 (Ga. L. 1972, p. 819), is hereby amended by adding, following section 45A, a new section to be designated section 45B and to read as follows: Section 45B. (a) Any other provision of this Act or any other law to the contrary notwithstanding, in all Standard Metropolitan Statistical Areas of this State motor vehicles involved in traffic accidents and the drivers of such motor vehicles shall be subject to the provisions of this Section. As used in this subsection, `standard metropolitan statistical area' means such areas as defined by the U. S. Executive Office of the President, Standard Metropolitan Statistical Area 1967, Part I Criteria, Office of Management and Budget. (b) The provisions of this section shall apply only to motor vehicle traffic accidents which occur on the expressway system within the Standard Metropolitan Statistical

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Areas covered by subsection (a) of this section. As used herein, `expressway system' means that system of streets or highways divided by medians or other barriers separating traffic flowing in opposite directions which have a minimum of four traffic lanes. (c) When a motor vehicle traffic accident occurs, it shall be the duty of the drivers of the motor vehicles involved in such traffic accident, or any other occupant of any such motor vehicle who possesses a valid driver's license, to remove said vehicles from the immediate confines of the roadway into a safe refuge on the shoulder, emergency lane, median, or otherwise removed from the roadway, whenever such moving of a vehicle can be done safely and the vehicle is capable of being normally and safely driven, does not require towing, and can be operated under its own power in its customary manner, without further damage or hazard to itself, to the traffic elements, or to the roadway. The driver of any such motor vehicle may request any person who possesses a valid driver's license to remove any such motor vehicle as provided herein, and any such person so requested shall be authorized to comply with such request. (d) The driver or any other person having so removed a motor vehicle, as provided by subsection (c) hereof, from the main travel way of the road before the arrival of a police officer, shall not be considered liable or at fault regarding the cause of the accident, solely by moving said vehicle pursuant to the provisions of this Section. (e) The provisions of this Section shall not abrogate or affect a driver's duty to file the written report required by section 4 of the Motor Vehicle Safety Responsibility Act, approved February 21, 1951 (Ga. L. 1951, p. 568), as amended, but compliance with the requirements of this section shall not allow a driver to be prosecuted for his failure to stop and immediately report a traffic accident. (f) The provisions of this section shall not abrogate or affect a driver's duty to stop and give information in accordance

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with law, nor shall it relieve a police officer of his duty to render a report in accordance with law. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1974. EDUCATIONEYE PROTECTIVE DEVICES REQUIRED TO BE WORN DURING CERTAIN COURSES. No. 1224 (House Bill No. 172). An Act to require all students and teachers to wear certain eye protective devices when participating in certain courses of instruction; to provide for rules and regulations; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. (a) The State Board of Education and the Board of Regents of the University System of Georgia shall promulgate and adopt rules and regulations to insure that every student and teacher participating in or observing any of the following courses of instruction in any school, college, university, vocational-technical school, or other educational institution within this State shall wear appropriate industrial quality eye protective devices at all times while participating or observing such courses of instruction: (1) Vocation, technical, industrial arts, chemical, physical or chemical-physical courses of instruction involving exposure to: (A) hot molten metal or other molten materials; (B) milling, sawing, turning, shaping, cutting, grinding, or stamping of any solid materials;

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(C) heat treatment, tempering, or kiln firing of any metal or other materials; (D) gas or electric arc welding or other forms of welding processes; (E) repair or servicing of any vehicle; (F) caustic or explosive materials. (2) Chemical, physical or combined chemical-physical laboratories involving caustic or explosive materials, hot liquids or solids, injurious radiations, or other hazards. (3) Such other courses as shall be determined by the State Board of Education or the Board of Regents of the University System of Georgia. (b) The devices required by this Section shall be furnished by the school, college, university, vocational-technical school, or other educational institution within this State for all students and teachers and shall be furnished for all visitors to such shops and laboratories, as provided by rules and regulations adopted by the State Board of Education and the Board of Regents of the University System of Georgia. Section 2. This Act shall become effective on September 1, 1974. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 26, 1974. REVENUECERTAIN INSTALLMENT PAYMENT OF AD VALOREM TAXES AUTHORIZED. No. 1225 (House Bill No. 409). An Act to authorize the collection and payment of certain taxes on tangible property, other than motor vehicles,

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in installments, not to exceed four in number, each tax year; to provide for the procedures connected therewith; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Notwithstanding any other provision of law to the contrary, the governing authority of any county or of any municipal corporation is hereby authorized to provide by appropriate resolution or ordinance for the collection of and payment of ad valorem taxes on tangible property, other than motor vehicles, in installments, but not to exceed four. If the governing authority of any county or municipal corporation elects to provide for such installment payments, any ad valorem taxes due the State, county, and county board of education or the municipality and any municipal board of education which are levied upon tangible property, other than motor vehicles, shall become due and payable in such annual installments. Section 2. The resolutions or ordinances required hereunder shall be adopted by the governing authority of the county or municipal corporation on or before December 31 and shall prescribe the installment method of taxation adopted by such authority for the next succeeding tax year. Such resolutions or ordinances shall clearly state the installment dates adopted, shall provide for the issuance of tax bills sufficiently in advance of such dates to allow ample time for timely payments of installment taxes due, and shall set forth the basis for computing the amount of such installment payments in accordance with the provisions of this Act. Any governing authority of such county or municipal corporation, electing to collect taxes in installments shall file with the State Revenue Commissioner a certified copy of the appropriate resolution or ordinance within ten days of its adoption. Such resolution or ordinance shall be deemed to continue in full force and effect in all subsequent tax years unless repealed by the governing authority of the respective county or municipal corporation in which case the governing authority shall notify the State Revenue

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Commissioner of such repeal within ten (10) days after such action is taken. Payments. Section 3. For the purposes of this Act, taxes due and payable on such property shall be as follows: (a) Those taxes due on all installment payments, except the final payment, shall be a fraction of the taxes levied on such property for the preceding tax year, the numerator of which fraction shall be 1 and the denominator of which shall be equal to the total number of payments provided for in the ordinance or resolution, and which fraction shall be clearly set forth in the resolution or ordinance adopting such installments. (b) Those taxes due on the final installment, which shall be not later than December 20 of each year, shall be the total taxes due on the property for the current tax year after credit has been given for tax payments made in accordance with subsection (a) of this section. Should the payments made under subsection (a) exceed the total tax liability for such tax year, and any previous years, the excess payment shall be refunded. Section 4. Nothing contained in this Act shall be deemed or construed to impose any liability for the payment of any such ad valorem taxes upon any person, firm or corporation for property which was not owned on the first day of January of the applicable tax year. Section 5. Taxes not paid when due under any installment authorized pursuant to this Act shall bear interest at the rate provided by law for unpaid ad valorem taxes. Any taxes not paid in full by December 20 of any year shall be subject to such penalties and interest as are now provided by law. Interest. Section 6. The State Revenue Commissioner may make such rules and regulations, not inconsistent with this Act, as may be necessary to enforce and carry out its provisions, and the same shall have the full force and effect of law. Rules.

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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 26, 1974. GEORGIA RESIDENTIAL FINANCE AGENCY ACT. No. 1226 (House Bill No. 709). An Act to create an Authority to be known as the Georgia Residential Finance Agency; to provide for a short title; to provide for legislative findings and a declaration of public necessity; to provide for definitions; to provide for the membership of the Authority; to provide for the terms of office, powers and duties, and compensation of members of the Authority; to prohibit funds of the Authority from inuring to the benefit of members or officers of the Authority or private persons except when in furtherance of the corporate purpose of the Authority; to provide for legal services; to provide for the powers and duties of the Authority; to provide for loans from the Authority; to provide for the purchase of mortgages by the Authority; to provide for the issuance of revenue bonds by the Authority; to provide that the credit of the State shall not be pledged for the payment of bonds issued by the Authority; to provide that the monies received by the Authority shall be deemed to be trust funds; to authorize the Authority to pledge assets, funds, and properties; to provide for a capital reserve fund; to provide for a general reserve fund; to provide for tax exemptions; to provide for audits; to provide for the consequence of the termination or dissolution of the Authority; to provide penalties; to provide for severability; to provide an effective date; to repeal specific statute; to provide for

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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. Short Title. This Act shall be known and may be cited as the Georgia Residential Finance Agency Act. Section 2. Legislative Findings and Declaration of Public Necessity. (a) It is hereby found, determined, and declared: (1) that there continues to exist in the State a seriously inadequate supply of and a critical need for safe and sanitary dwelling accommodations within the financial means of families and persons of low or moderate incomes; (2) that the aforesaid shortage of decent dwelling accommodations causes overcrowding and congestion inimical to the safety, health, convenience and welfare of the citizens of the State and otherwise exacerbates existing slum conditions which in turn contributes substantially and increasingly to the spread of disease and crime, impairs economic values, necessitates excessive and disproportionate expenditure of public funds for crime prevention and punishment, public health and safety, fire and accident protection and other services, substantially impairs or arrests the second growth of municipalities, aggravates traffic problems, and promotes juvenile deliquency and other social ills; (3) that slum areas cannot be cleared, nor can the shortage of safe and sanitary dwellings for persons and families of low or moderate incomes be relieved, through the ordinary operation of private enterprise, and therefore the construction or rehabilitation of housing for such persons would not be competitive with private enterprise; (4) that in order to encourage the investment of private capital and to encourage private enterprise to build and rehabilitate such housing so as to alleviate slum conditions and improve the health, safety, convenience and welfare of the citizens of the State, provision should be made for mortgage loans at low interest rates to housing sponsors,

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which, subject to regulation as to rents, profits, dividends and disposition of their property, construct and rehabilitate dwelling accommodations, and other facilities incidental or appurtenant thereto, for such families and persons of low and moderate incomes. Accordingly, it is determined that it is a valid public purpose, as a matter of public health, safety, convenience and welfare, to assist in providing housing for such low or moderate income families and persons who would otherwise be unable to obtain adequate dwellings which they could afford. (b) It is further found 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 is a public purpose within the provisions of the Constitution of the State of Georgia in that the development and stimulation of trade and commerce in the housing industry of this State is vital to the public welfare, creates employment opportunities, and lessens unemployment and underemployment both in the home construction and real estate industry, and that an adequate supply of money with which to finance safe and sanitary dwelling accommodations for the people of Georgia is necessary to the health of the people of the State. Section 3. Definitions. The following words and terms shall have the meaning indicated unless the context shall clearly indicate a different meaning: (a) Authority shall mean the Georgia Residential Finance Agency created by Section 4 of this Act. (b) Bonds shall mean the bonds issued by the Authority, and such bonds shall be general obligations of the Authority. (c) Community Facilities shall mean the land, buildings, improvements and equipment for such recreational, community, educational, and commercial facilities as the

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Authority determines improve the quality of the residential development for eligible persons and families. (d) Eligible Persons and Families shall mean: (1) Persons and families in this State who do not have sufficient income to afford to pay the amounts at which private enterprise, without federally aided mortgages or state aided mortgages, is providing a substantial supply of decent, safe and sanitary housing and who satisfy income limitations set by the Authority in its rules; or (2) Persons and families in this State who because of their age or physical disability or the age or physical disability of the head of their household, as determined by the rules of the Authority, are in need of residential housing in a special location or of a special design, or are in need of sanitary, decent and safe residential housing; or (3) Persons and families in this State for whom, as determined by the rules of the Authority, construction of new or rehabilitated residential housing in some designated area or areas of this State outside the Standard Metropolitan Statistical Areas is necessary for the purpose of retaining in, or attracting to, such area or areas qualified manpower resources essential to industrial and commercial operations and development in such area or areas. (e) Development Costs shall mean the total of all costs incurred in the development of a housing development or housing unit, which are approved by the Authority as reasonable and necessary, which costs shall include, but not necessarily be limited to the following: cost of land acquisition and any buildings thereon, including payments for options, deposits, or contracts to purchase properties on the proposed housing site or payments for the purchase of such properties; costs of site preparation, demolition and development; fees for architectural, engineering, legal, accounting, and other services paid or payable in connection with the planning, execution and financing of the housing development; cost of necessary studies, surveys, plans and permits; cost of insurance, interest, financing, tax, assessments

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and other operating and carrying costs during construction; cost of construction, rehabilitation, reconstruction, fixtures, furnishings, equipment, machinery and apparatus related to the real property; cost of land improvements, including without being limited to, landscaping and off-site improvements, whether or not any such cost has been paid in cash or in a form other than cash; necessary expenses in connection with initial occupancy of the housing development; a reasonable builder's and sponsor's profit and risk fee in addition to job overhead; an allowance established by the Authority for working capital, and contingency reserves, and reserves for any anticipated operating deficits during the early years of occupancy; and the cost of such other items, including tenant relocation, as the Authority shall determine to be reasonable and necessary for the development of the housing development. (f) Federally Aided Mortgage shall mean a below-market-interest-rate mortgage insured, purchased or held by the Secretary of Housing and Urban Development or a market-interest-rate mortgage insured by the Secretary of Housing and Urban Development and augmented by a program of assistance payments; or a mortgage receiving interest reduction payments provided by the Secretary of Housing and Urban Development; or a mortgage receiving special benefits under other federal laws designated specifically to develop low and moderate income housing, and consistent with the provisions of this Act. (g) Housing Development shall mean a development which contains a significant element of multi-family housing for eligible persons and families and related community facilities. (h) Housing Project shall mean a specific work or improvement, either for rental or for subsequent sale to an individual purchaser, undertaken by a qualified housing sponsor pursuant to or receiving benefits under this Act to provide dwelling accommodations, including the acquisition, construction or rehabilitation of lands,

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buildings and improvements, and such other community facilities as may be incidental or appurtenant thereto. (i) Land Development shall mean that component of housing development which includes land for making, installing, or constructing nonresidential housing improvements, including, but not limited to, waterlines and water supply installations, sewer lines and sewage disposal installations, steam, gas and electric lines and installations, roads, streets, curbs, gutters, sidewalks, whether on or off the site, which the Authority deems necessary or desirable to prepare such land for safe and sanitary housing. (j) Lending Institution shall mean any bank or trust company, savings and loan association, savings bank, insurance company, or mortgage banker or mortgage broker authorized to deal in mortgages insured by an agency of the United States Government. Such lending institution shall have a principal office and place of business in Georgia and shall be authorized to do business in Georgia. (k) Mortgage shall mean a deed to secure debt covering a fee simple or leasehold estate which is accompanied by a promissory note, the holder of which is either the Authority or a lending institution where the debt is secured by real property located in Georgia and improved by a residential structure. Real property as used in this subsection shall include air rights which have been sold or leased separately from the underlying ground rights. (l) Notes shall mean the notes issued by the Authority, and such notes shall be general obligations of the Authority. (m) Qualified Housing Sponsor shall mean any entity, whether organized for profit or not, meeting criteria established by the Authority which has undertaken to provide housing which will be available for sale or rent to eligible persons and families. (n) State Aided Mortgage shall mean a mortgage loan

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for housing for eligible persons and families assisted under the provisions of this Act. Section 4. Creation and Organization. There is hereby created a body corporate and politic to be known as the Georgia Residential Finance Agency, which shall be deemed an instrumentality of the State of Georgia. Section 5. (a) Members of the Authority. The Authority shall be composed of nine (9) members as follows: five permanent members who shall be the Commissioner of Community Development, the Commissioner of Human Resources, the State Auditor, the Director of the Office of Planning and Budget, and the Director of the Financing and Investment Division of the Georgia State Financing and Investment Commission, and four (4) public members to be appointed by the Governor and confirmed by the Senate. The public members shall include representatives of the home-building and mortgage lending industries. No more than one of the public members shall be a resident of any one Congressional District in this State. Two of the public members shall reside outside of the Standard Metropolitan Statistical Areas of the State, and two of the public members shall reside within the Standard Metropolitan Statistical Areas of the State. The Director of the State Office of Housing shall be an ex-officio, nonvoting member of the Authority. Two (2) of such public members shall be appointed for an initial term of two (2) years, and two (2) of such public members shall be appointed for initial terms of four (4) years. Their successors shall serve for four-year terms. Such public members shall continue in office until their successors have been appointed and qualified. In the event of a vacancy in the office of such public member by death, resignation or otherwise, the Governor shall appoint a successor to serve for the balance of the unexpired term subject to confirmation by the Senate. The Authority shall elect a Chairman, who shall be chief executive officer of the Authority, and a Secretary. The members of the Authority may appoint an Executive Director, who shall be a person experienced in mortgage lending, home building or real estate development. The Executive Director shall become an ex-officio nonvoting member of

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the Authority and may be elected Secretary of the Authority. The members shall employ such technical and other personnel as may be necessary to the performance of the powers and duties of the Authority. A majority of the members then in office shall constitute a quorum for the transaction of any business and for the exercise of any power or function of the Authority. Whenever a permanent ex-officio member of the Authority is unable to attend a meeting, he may designate in writing his Deputy to attend that meeting and act in his stead. No vacancy in the Authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the Authority. Except for the issuance of debt, the Authority may delegate to one or more of its members, the Executive Director, agent or agents, or employees such power and duties as it may deem proper. The public members of the Authority shall be compensated in the amount of $50 per day, plus actual expenses incurred, for each day's service spent in the performance of the duties of the Authority; provided, however, such compensation shall be limited to 100 days for the Chairman and 30 days for each of the other public members of the Authority during any one fiscal year. The permanent members shall be compensated only for actual expenses. (b) The Authority shall make necessary rules and regulations for its own government. (c) No part of the funds of the Authority shall inure to the benefit of or be distributed to its members or officers or other private persons except that the Authority shall be authorized and empowered to pay reasonable compensation, other than to the members, including the Chairman, for services rendered and to make loans and exercise its other powers in furtherance of its corporate purpose. No such loans shall be made, and no property shall be purchased or leased from, or sold, leased or otherwise disposed of, to any member or officer of the Authority. (d) The Attorney General shall provide legal services for the Authority and in connection therewith the provisions

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of Ga. L. 1969, p. 484, as now existing or as hereafter amended, shall be fully applicable. Section 6. (a) Powers of the Authority. Except as otherwise limited by this Act, the Authority shall have the power: (1) to sue and be sued; (2) to have a seal and alter the same at its pleasure; (3) to make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this Act; (4) to make and alter bylaws for its organization and internal management; (5) to acquire, hold and dispose of real and personal property for its corporate purposes; (6) to appoint officers, agents and employees, prescribe their duties and qualifications and fix their compensation; (7) to borrow money and to issue notes, bonds and other obligations, subject to the approval of the Georgia State Financing and Investment Commission, and to provide for the rights of the lenders or holders thereof; (8) to make loans, the repayment of which are secured by mortgages or security interests, to participate in the making of secured loans, to undertake commitments to make secured loans, to acquire, and contract to acquire, mortgages or participations therein owned by lending institutions, the Federal National Mortgage Association or any federal or State agency, and to enter into advance commitments to such organizations for the purchase of said mortgages or participations; (9) to sell mortgages and security interests at public or private sale, to negotiate modifications or alterations in mortgages and security interests, to foreclose on any mortgage

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or security interest in default or commence any action to protect or enforce any right conferred upon it by any law, mortgage, security agreement, contract or other agreement, and to bid for and purchase property which was the subject of such mortgage or security interest, at any foreclosure or at any other sale, to acquire or take possession of any such property, and in the event that the Authority takes possession of any such property, to complete, administer, pay the principal and interest of any obligations incurred in connection with such property, operate, manage, lease, dispose of, and otherwise deal with, such property, in such manner as may be necessary or desirable to protect the interests of the Authority and the holders of its notes, bonds, and other obligations; (10) to collect fees and charges in connection with its loans, commitments and servicing including but not limited to reimbursement of costs of financing as the Authority shall determine to be reasonable and as shall be approved by the Authority; (11) to make and execute contracts for the servicing of mortgages made or acquired by the Authority pursuant to this Act, and to pay the reasonable value of services rendered to the Authority pursuant to those contracts; (12) to encourage research in, and demonstration projects to develop, new and better techniques and methods for increasing the supply of housing for eligible persons and families. (13) to accept gifts or grants or loans or other aid from the federal government or the State or any persons or corporations, and to agree and comply with any conditions attached to federal and State financial assistance; (14) subject to any agreement with bondholders, to invest monies of the Authority not required for immediate use, including proceeds from the sale of any bonds, in obligations of the United States of America or obligations the principal and interest of which are guaranteed by the United States of America, or in certificates of deposit or

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time deposits secured in such manner as the Authority shall determine, or in obligations which are eligible as security for the investment of trust funds under the rules and regulations of the Federal Reserve Board, and to provide for the sale of any such investment and for the reinvestment of the proceeds thereof; (15) to acquire or contract to acquire from any person, firm, corporation, municipality, federal or State agency, by grant purchase or otherwise, leaseholds, real or personal property or any interest therein; and to sell, assign, exchange, transfer, convey, lease, mortgage or otherwise dispose of or encumber the same. Nothing in this Act shall be deemed to impede the operation and effect of local zoning, building and housing ordinances or ordinances relating to subdivision control, land development, fire prevention or other ordinances having to do with housing or the development thereof; (16) to invest any monies held in reserve or sinking funds not required for immediate use or disbursement at the discretion of the Authority in obligations of the United States, and obligations the principal and interest of which are guaranteed by the United States, maturing no longer than 12 months from date of purchase, and to provide for the sale of any such investment and for the reinvestment of the proceeds thereof; (17) to make and adopt rules necessary to carry out the purposes of this Act; (18) to enter into agreements with qualified housing sponsors providing for regulation by the Authority of the planning, development and management of any housing project undertaken by nonprofit housing corporations and limited-profit entities and the disposition of the property and franchises of such corporations and entities; (19) to procure insurance against any loss in connection with its property and other assets; (20) to participate in the making of or to make loans

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to mortgagees and to take collateral approved by the Authority as security for such loans, provided that the Authority shall first obtain such written assurances as shall be satisfactory to it that the proceeds of such loans will be used, as nearly as practicable, for the making of or investment in residential housing for occupancy by eligible persons and families or that other monies in an amount approximately equal to such proceeds shall be committed and used for such purpose; (21) to provide technical, consultative and project assistance services to the State, political subdivisions of the State and local governing authorities and to enter into contracts with the State, political subdivisions of the State and local governing authorities to provide such services. The State, political subdivisions of the State and local governing authorities are hereby authorized to enter into contracts with the Authority for such services and to pay for such services as may be provided them; (22) to provide advisory, consultative, technical, training, and educational services to existing or potential qualified housing sponsors; (23) to undertake and carry out studies and analyses of housing needs within the State and ways of meeting such needs; (24) to lease real or personal property and to accept federal funds for and participate in programs of leased public housing pursuant to section 10 or 23 of the United States Housing Act of 1937, as amended; (25) to do any and all things necessary or convenient to carry out its purposes and exercises the powers given and granted in this Act. (b) The Authority shall not have the power of eminent domain. (c) The Authority shall adopt and promulgate rules

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which establish income limitations for eligible persons and families for the purpose of section 3 (d) (1) of this Act. (d) At least one-third of the units financed by the Authority shall be in the Standard Metropolitan Statistical Areas of this State, and at least one-third of the units financed by the Authority shall be outside the Standard Metropolitan Statistical Areas of this State. Section 7. Loans. (a) The Authority may make loans to qualified housing sponsors or public bodies or agencies for the construction or rehabilitation of such housing developments as in the judgment of the Authority have promise of supplying on a rental, cooperative, or home ownership basis, adequately designed housing for eligible persons and families. Such loans may be for development costs and construction financing and, in the case of qualified housing sponsors and public bodies or agencies, may also be for permanent financing, subject to regulation with respect to rents, profits, distributions, and disposition of property in accordance with the rules of the Authority. No such loans shall be made unless the Authority finds that the construction or rehabilitation will be undertaken in an economical manner and that it will not be of elaborate design or materials. The ratio of loan amount to development cost and the amortization period of loans made by the Authority under the provisions of this subsection shall be determined in accordance with rules promulgated and published by the Authority. (b) The Authority may make loans to qualified housing sponsors for the construction or rehabilitation of housing units for sale or rent to individual purchasers who are eligible persons and families as provided by the Authority in its rules and to any such individual purchaser for the long-term financing of a housing unit. The ratio of loan amount to development cost and the amortization period of loans made by the Authority under the provisions of this subsection shall be determined in accordance with rules promulgated and published by the Authority. (1) While such loan is outstanding, any sale of any

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housing unit financed by such loan by the qualified housing sponsor shall be subject to approval by the Authority and the Authority shall provide in its rules concerning such sales and resales that the price of the housing unit sold, the method of making payments thereafter, the security afforded and the interest rate, fees and charges to be paid shall at all times be sufficient to permit the Authority to make the payments on its bonds and notes plus any administrative or other costs of the Authority in connection with the transactions. Housing units shall be sold under terms that provide for monthly payments including principal, interest, taxes and insurance. (2) While such loan is outstanding, the Authority shall, prior to the approval of the sale of any such housing unit by the qualified housing sponsor, satisfy itself that such sale is to or for the benefit of eligible persons and families. (3) Upon the sale by the qualified housing sponsor of any housing unit to an individual purchaser under this subsection to whom a loan is being made by the Authority, such housing unit shall be released from the mortgage running from the qualified housing sponsor to the Authority and such mortgage may be replaced as to the housing unit by a mortgage running from the individual purchaser to the Authority. (c) A loan shall be secured in such manner and be repaid in such period, not exceeding 50 years, as may be determined by the Authority; and shall bear interest at a rate determined by the Authority. (d) For purposes of carrying out the provisions of this Section, the Authority shall establish criteria and procedures for determining the eligibility of occupants and rental or carrying charges, including criteria and procedures with respect to periodic review of occupant incomes and periodic adjustment of rental or carrying charges. (e) The Authority may make loans as permitted under the provisions of this Section only upon the determination by the Authority that such loan is not otherwise available

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to eligible persons and families, wholly or in part, from private lenders upon reasonably equivalent terms and conditions. Section 8. Purchase of Mortgages. (a) With respect to the power set forth in Section 6 (a) (8) to purchase mortgages or participations therein from lending institutions, the Authority may purchase mortgages from lending institutions within the State of Georgia, which shall in turn reinvest the proceeds in new residential mortgage loans made as rapidly as possible on residential real property for single and multi-family units and residential projects within the State for the benefit of eligible persons and families. A mortgage shall not be acquired under this Act unless the rate of interest on its principal obligations meets the rates of interest established by the Authority. The Authority shall establish such rates of interest taking into consideration all of the following: (1) the cost to the Authority in obtaining funds; (2) allowances to be made to a lending institution as a service fee in acting as servicing agent in the administration and collection of the mortgage; (3) administrative costs of the Authority; (4) allowances for any necessary reserves of the Authority; and (5) rules of the Internal Revenue Service of the United States. (b) The Authority may purchase participations in mortgages from lending institutions within the State and shall make such rules as will adequately secure the Authority and its bondholders and its note holders with respect to the purchase of participations in mortgages. (c) If the Authority purchases a mortgage or a participation therein from a lending institution, the lending institution may act as servicing agent for the Authority in the

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collection and administration of the mortgage, subject to the rules established by the Authority under this Act. (d) The Authority shall by rule fix the amount of the fee to be paid a servicing agent for services in connection with a mortgage, in such amount as shall reimburse the servicing agent for performing such services. The amount of such fee shall be deductible from any interest payable and collected under the mortgage. (e) The Authority may make commitments to lending institutions to purchase a mortgage or participation therein prior to the date of its execution, and a mortgage which is made by a lending institution under a prior commitment from the Authority to purchase the mortgage or a participation therein shall satisfy the requirement to reinvest the proceeds from the sale as quickly as possible in new residential mortgage loans for the benefit of eligible persons and families. The Authority shall establish such fees as are necessary to reimburse the Authority for the administrative costs incurred in connection with making commitments to purchase and in purchasing mortgages or participations therein. (f) The Authority shall require as a condition of purchase of any mortgage from a lending institution that the lending institution represent and warrant to the Authority that: (1) the unpaid principal balance of the mortgage and the interest rate thereon have been accurately stated to the Authority and that the interest rate and all service charges in connection therewith are not usurious under the laws of Georgia; (2) the amount of the unpaid principal balance is justly due and owing; (3) the lending institution has no notice of the existence of any counterclaim, offset or defense asserted by the mortgagor or his successor in interest;

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(4) necessary documents have been properly recorded in the county in which the real estate lies; (5) the mortgage constitutes a valid first lien on the real property described to the Authority subject only to real property taxes not yet due, installments of assessments not yet due, and easements and restrictions of record which do not adversely affect to a material degree the use or value of the real property or improvements thereon; (6) the mortgage loan when made was lawful under the Georgia law or federal law, or both, whichever governed the making of the loan, and would be lawful on the date of purchase by the Authority if made by the lending institution on that date in the amount of the unpaid principal balance; (7) the mortgagor is not now in default in the payment of any installment of principal or interest, escrow funds, real property taxes or otherwise in the performance of his obligations under the mortgage documents and has not to the knowledge of the lending institution been in default in the performance of any such obligation for a period of longer than sixty days during the life of the mortgage; (8) the mortgage agreement requires that the improvements to the mortgaged real property be covered by a valid and subsisting policy of insurance issued by a responsible insurance company legally licensed and authorized to conduct and transact business in Georgia and providing fire and extended coverage to an amount not less than eighty percent of the insurable value of the improvements to the mortgaged real property or in the amount of the mortgage, whichever the Authority may determine; (9) that the insurance coverage referred to in (8) above is in full force and effect; and (10) that monies received from the Authority will be utilized for mortgage loans to qualified housing sponsors or to eligible persons and families in Georgia; that certification by the lending institution to the effect that monies have been reloaned will be filed with the Authority pursuant

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to the rules of the Authority and will be available to the members of the public and to members of the General Assembly. (g) Each lending institution shall be liable to the Authority for any damages suffered by the Authority by reason of the untruth of any representation or the breach of any warranty and, in the event that any representation shall prove to be untrue when made, or in the event of any breach of warranty, the lending institution shall, at the option of the Authority, repurchase the mortgage for the original purchase price adjusted for amounts subsequently paid thereon, as the Authority may determine. (h) The Authority may require the recording of an assignment of any mortgage purchased by it from a lending institution pursuant to this Section. The Authority shall not be required to take possession of the mortgage documents if the lending institution from which the mortgage is purchased by the Authority shall enter a contract to service such mortgage and account to the Authority therefor. Section 9. Revenue Bonds. (a) The Authority shall have the power and is hereby authorized at one time or from time to time to issue its negotiable revenue bonds in such principal amounts as, in the opinion of the Authority, shall be necessary to provide sufficient funds for achieving the corporate purposes thereof, including the making and purchasing of mortgage loans for the construction of housing for eligible persons and families, for the rehabilitation of existing structures for such persons and families, and for the construction of community facilities appurtenant thereto as provided in this Act; the payment of interest on bonds of the Authority; the establishment of reserves to secure such bonds; and all other expenditures of the Authority incident to and necessary or convenient to carry out its corporate purposes and powers. The Authority shall not have outstanding at any one time bonds and notes for any of its corporate purposes in an aggregate principal amount exceeding 100 million dollars, excluding bonds and notes issued to refund outstanding bonds and notes.

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(b) The bonds of each issue shall be dated, shall bear interest at such rate or rates as shall be set by the Authority, payable semiannually, shall mature at such time or times as the Authority may determine at the time of issue, shall be payable in such medium of payment as to both principal and interest as may be determined by the Authority, and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of bonds. The bonds may be issued as serial bonds payable in annual installments or as term bonds with mandatory sinking fund provisions or as a combination thereof. (c) 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. (d) All such bonds shall be executed in the name of the Authority by the Chairman and Secretary of the Authority and shall be sealed with the official seal of the Authority or a facsimile thereof. Coupons shall be executed in the name of the Authority by the Chairman of the Authority. The facsimile signature of either the Chairman or the Secretary of the Authority may be imprinted in lieu of the manual signature if the Authority so directs and the facsimile of the Chairman's signature shall be used on coupons. Bonds 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. (e) All notes, bonds, interim receipts, interim certificates, temporary bonds, and other obligations issued under the provisions of this Act shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the negotiable instruments laws of the State including the Uniform Commercial Code.

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(f) The bonds may be issued in coupon or in registered form, or both as the Authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest. The Authority may sell such bonds at public or private sale in such manner and for such price as it may determine to be for the best interests of the Authority. (g) The proceeds of such bonds shall be disbursed upon requisition or order of the Chairman of the Authority under such restrictions, if any, as the resolution authorizing the issuance of the bonds or the trust indenture hereinafter mentioned may provide. If the proceeds of the bonds of any issues shall exceed the amount required for the purpose for which such bonds are issued, the surplus may be paid into the fund hereinafter provided for the payment of principal and interest of such bonds. (h) Prior to the preparation of definitive bonds the Board may issue interim receipts, interim certificates, or temporary bonds exchangeable for definitive bonds upon the issuance of the latter. The Authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified or required by this Act. (i) The Authority is hereby authorized to provide by resolution for the issue of refunding bonds of the Authority for the purpose of refunding any bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon. The issuance of such refunding bonds, the maturities and all other details thereof, the rights of the 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.

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(j) Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its adoption by a majority vote of the members of the Authority enumerated in this Act, 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. (k) Any holder of revenue bonds issued under the provisions of this Act, or any of the coupons appertaining thereto, and the trustees 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 protect and enforce, either at law or in equity, by suit, action, mandamus, or other proceedings, any and all rights under the laws of the State of Georgia or granted hereunder by 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 requiring the Authority to collect fees and charges and interest and amortization payments on mortgage loans made by it adequate to carry out any agreement as to, or pledge of, such fees and charges and interest and amortization payments on such mortgages, and other properties and to require the Authority to carry out any other agreements with the holders of such notes or bonds and to perform its duties under this Act. (l) Bonds of the Authority may be confirmed and validated, insofar as applicable, under the procedures set forth in the Revenue Bond Law (Ga. L. 1937, p. 761), as now or hereafter amended. (m) 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 interest and rights of the holders of such bonds, and no other entity, department, agency or authority will be created which will compete with the Authority to

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such an extent as to affect adversely the interests and rights of the holders of such bonds, nor will the State itself compete with the Authority. The provisions of this Act shall be for the benefit of the Authority and the holders of any such bonds, and, upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds. (n) The bonds 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 saving 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 subdivisions for any purpose for which the deposit of the bonds or other obligations of this State is now or may hereafter be authorized. Section 10. Credit of State not Pledged for Payment. Bonds and notes issued under the provisions of this Act shall not be deemed to constitute a debt of the State or a pledge of the faith or credit of the State, but such bonds and notes shall be payable solely from the funds hereinafter provided for, and the issuance of such bonds and notes shall not directly or indirectly obligate the State to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment. Section 11. (a) Monies Received by Authority to Be Deemed Trust Funds. All monies received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds or other obligations, as grants or other

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contributions, or as revenues and earnings, shall be deemed to be trust funds, to be held and applied solely as provided herein. 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 and the earnings and revenues to be received to any officer, who, or any agency, bank or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as this Act and such resolution or trust indenture may provide. (b) The Authority may pledge for the payment of its bonds such assets, funds and properties as the resolution providing for the issuance of its bonds may provide. Any such pledge made by the Authority shall be valid and binding from the time when the pledge is made; the monies or properties so pledged and thereafter received by the Authority shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act; and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind against the Authority, irrespective of whether such parties have notice thereof. No resolution or any other instrument by which a pledge is created need be recorded. Section 12. Capital Reserve Funds. (a) The Authority shall create and establish one or more special funds to secure the bonds issued under this Act to be known as capital reserve funds, and pay into each such capital reserve fund: (1) any monies appropriated and made available by the State for the purpose of such fund; (2) any proceeds of sales of bonds to the extent provided in the resolution of the Authority authorizing the issuance thereof; (3) any monies transferred into such fund by the Authority from any other fund authorized by this Act, in

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such amounts and at such times as the Authority deems necessary for the purpose of such funds; and (4) any other income or monies made available to the Authority for the purposes of such fund from any other source or sources. All monies held in any capital reserve fund, except as hereinafter provided, shall be used solely for the payment of the principal of bonds of the Authority secured by such capital reserve fund as the same mature, the purchase or redemption of such bonds of the Authority, the payment of interest on such bonds of the Authority or the payment of any redemption premium required to be paid when such bonds are redeemed prior to maturity. Monies in a capital reserve fund shall not be withdrawn therefrom at any time in such amount as would reduce the amount of the fund to less than the minimum capital reserve fund requirement for such fund, except for the purpose of paying principal of and interest on such bonds of the Authority secured by such capital reserve fund when due and for the payment of which other monies of the Authority are not available. For purposes of this Section, the term minimum capital reserve fund requirement shall mean the amount provided for in the resolution of the Authority authorizing the issuance of the bonds secured by a capital reserve fund up to the maximum amount of principal and interest due in any succeeding calendar year excluding principal for which mandatory sinking fund payments are specified in any resolution of the Authority authorizing the issuance of term bonds with sinking fund provisions, and any such mandatory sinking fund payment shall be regarded as principal maturing in the year in which payable. Any income or interest earned by, or increment to, any such capital reserve fund due to the investment thereof may be transferred by the Authority to the extent it does not reduce the amount of such capital reserve fund below the minimum capital reserve fund requirement for such fund. (b) The Authority shall not issue bonds at any time if the amount in the capital reserve fund securing such bonds is less than the minimum capital reserve fund requirement

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for such fund unless the Authority, at the time of issuance of such bonds, shall deposit in such fund from the proceeds of the bonds so to be issued, or otherwise, an amount which, together with the amount then in such fund, will be not less than the minimum capital reserve fund requirement for such fund. (c) To assure the continued operation and solvency of the Authority for the carrying out of the public purposes of this Act, provision is made in subsection (a) for the accumulation in each capital reserve fund of an amount equal to the minimum capital reserve fund requirement for such fund. In order further to assure such maintenance of any such capital reserve fund, there may be annually appropriated and paid to the Authority for deposit in a capital reserve fund such sum, if any, as shall be necessary to restore any such capital reserve fund to an amount equal to the minimum capital reserve fund requirement for such fund. The Chairman of the Authority, if necessary, on or before December 1, shall make and deliver to the Governor, the State Auditor and the Director of the Office of Planning and Budget his certificate stating the amount required to restore any such capital reserve fund to the minimum capital reserve fund requirement for such fund, provided that any of the bonds then outstanding and secured by such capital reserve fund shall have been issued under a resolution of the Authority which directed the Chairman of the Authority to take such action. The amount so stated may be appropriated and paid to the Authority during the next State fiscal year, it being expressly understood that the General Assembly of the State shall be under no obligation to so appropriate and pay any such amount. (d) In computing the amount of a capital reserve fund for the purposes of this Section, securities in which all or a portion of the fund is invested shall be valued at par, or if purchased at less than par, at their cost to the Authority, or in the manner provided in the resolution of the Authority authorizing the issuance of the bonds secured by such fund. Section 13. General Reserve Fund. The Authority shall

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create and establish a special fund, to be known as the general reserve fund, and subject to agreements with bondholders and note holders shall pay into such fund all fees and charges collected by the Authority and any monies which the Authority shall transfer from the capital reserve fund. Such monies and any other monies paid into the general reserve fund, in the discretion of the Authority but subject to agreements with bondholders and noteholders, may be used by the Authority (a) for the repayment of advances from the State in accordance with the provisions of repayment agreements between the Authority and the Director of the Office of Planning and Budget, (b) to pay all costs, expenses and charges of financing, including fees and expenses of trustees and paying agents, (c) for transfers to the capital reserve fund, (d) for the payment of the principal of and interest on bonds or notes issued by the Authority when the same shall become due whether at maturity or on call for redemption, (e) for the payment of any redemption premium required to be paid where bonds or notes of the Authority are redeemed prior to their stated maturities, (f) to purchase bonds or notes, or (g) for such other corporate purposes of the Authority as the Authority in its discretion shall determine and provide. Section 14. Tax Exemptions. As the Authority will be performing essential government functions in the exercise of the powers conferred upon it by this Act, this State covenants with the holders of the bonds and notes that the Authority shall be required to pay no taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession or supervision or upon its activities in the operation or maintenance of any facilities maintained or acquired by it or any fees, rentals or other charges for the use of such facilities or other income received by the Authority and that the bonds and notes of the Authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the State. The exemption from taxation herein provided shall not extend to tenants nor lessees of the Authority; and shall not include exemptions from sale and use taxes on property purchased by the Authority or for use by the Authority.

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Section 15. Audits. The State Auditor shall make an annual audit of the books, accounts and records of the Authority with respect to its receipts, disbursements, contracts, mortgages, leases, assignments, loans and all other matters relating to its financial operations. The State Auditor shall place the audit report on file in his office, make the report available for inspection by the general public, and shall submit a copy of the report to the General Assembly. In addition to the annual audit report, the Authority shall render to the State Auditor every six months a report setting forth in detail a complete analysis of the activities, indebtedness, receipts and financial affairs of the Authority. Upon demand, the Authority shall also submit any other information requested by the State Auditor. Section 16. Termination. The Authority and its corporate existence shall continue until terminated by law, provided, however, that no such law shall take effect so long as the Authority shall have bonds or other obligations outstanding, unless adequate provision has been made for the payment thereof. Upon termination of the existence of the Authority, all its rights and properties shall pass to and be vested in the State of Georgia. Section 17. Penalties. Any person, firm, corporation or other entity who willfully makes any false or misleading statement or representation in order to qualify for a loan to be made or purchased by the Authority or for the purchase or lease of any unit financed by a loan of the Authority shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $1,000 or by imprisonment not to exceed one year, or both. Section 18. 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

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or unconstitutional was not originally a part hereof. It is hereby declared that the remaining parts of this Act would have been passed if it had been known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 19. Effective Date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 20. Specific Repealer. An Act creating the Georgia Development Authority for Housing Finance, approved April 7, 1972 (Ga. L. 1972, p. 1168), is hereby repealed in its entirety. Section 21. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 26, 1974. EXECUTIVE BRANCHPROCEDURE FOR SHOWING NUMBER OF COPIES AND COST OF PRINTING PROVIDED. No. 1227 (House Bill No. 783). An Act to provide the procedure for showing the number of copies and approximate cost of certain printings; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Each pamphlet, booklet, brochure or other publication printed by the Executive Branch, except The Farmers and Consumers Market Bulletin published by the Department of Agriculture, shall clearly show on its cover the number of copies of that particular publication printed, as well as the approximate total cost of such printing. Procedure.

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Section 2. This Act shall not apply to tax forms, returns, pamphlets and instructional publications of the Department of Revenue. Exemption. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 26, 1974. AGRICULTURELIVESTOCKREGISTRATION OF MARKS AND BRANDS PROVIDED, ETC. Code Title 62 Amended. No. 1228 (House Bill No. 1262). An Act to amend Code Title 62, relating to livestock, as amended, so as to substantially revise, modernize and supersede Code Chapter 62-1, relating to marks and brands, as amended by an Act approved December 17, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 175); to provide for registration of marks, brands and tattooes; to provide for certificates; to provide for applications; to provide for the practices and procedures in connection with the issuance and cancellation of registrations; to provide for notices; to provide for evidence; to provide for the filing of marks, brands and tattooes with the Ordinary; to provide for changes of recorded marks and brands; to provide for rules and regulations; to provide for other matters relative to the foregoing; to provide an effective date; to repeal Code section 62-9901, relating to single brands and marks and branding and marking increase; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Title 62, relating to livestock, as amended, is hereby amended by striking Code Chapter 62-1, relating to marks and brands, as amended by an Act approved December

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17, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 175), in its entirety and inserting in lieu thereof a new Code Chapter 62-1, to read as followings: Chapter 62-1 Marks and Brands 62-101. Commissioner of Agriculture to administer chapter. It shall be the duty of the Commissioner of Agriculture to administer the provisions of this Chapter and any rules and regulations adopted pursuant to this Chapter. Code 62-101 amended. 62-102. Certificates of Mark, Brand or Tattoo Registration. Any person owning any livestock and desiring to register a mark, brand or tattoo shall apply to the Commissioner of Agriculture for a Certificate of Mark, Brand or Tattoo Registration. Application for a Certificate shall be made on forms provided by the Department of Agriculture. Applications shall contain or be accompanied by such information as may be required by rule or regulation. In issuing Certificates, the Commissioner shall not issue Certificates to more than one person for the same or substantially identical marks, brands or tattooes. No provision of this Chapter shall affect or impair the validity of any mark, brand or tattoo registered or recorded in the office of the Commissioner of Agriculture prior to April 1, 1974. Prior to the first day of July of 1974, and of each fifth year thereafter, the Commissioner shall purge from his lists of registrations the registrations of all marks, brands or tattooes which the person to whom they are registered does not desire to retain as a registered mark, brand or tattoo. Prior to removing a mark, brand or tattoo from registration, the Commissioner shall notify the person to whom the mark, brand or tattoo is registered by registered mail that such registration will be cancelled unless the Commissioner is notified within a period of three months from the date of mailing that such person desires to continue the registration of his mark, brand or tattoo. If the Commissioner does not receive a reply within three months, he may cancel the registration of such mark, brand or tattoo and may then reassign such mark, brand or tattoo to any person

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seeking to register it, under such rules and regulations as may be prescribed by the Commissioner. There shall be no charge or fee for registration. It shall be the duty of the Commissioner of Agriculture to transmit a copy of any Certificate of Mark, Brand or Tattoo Registration to the Ordinary of the county of residence of the person to whom the Certificate is issued or to the Ordinary of the county in which the animals to be marked, branded or tattooed are located if the owner thereof is not a resident of Georgia. The Ordinary may record the certificate in a book kept by him for that purpose. Code 62-102 amended. 62-103. Evidence. The fact that any livestock is marked, branded or tattooed with a registered mark or brand shall constitute prima facie evidence in any trial or proceeding that such livestock belongs to the person to whom the Certificate of Mark, Brand or Tattoo Registration for that particular mark, brand or tattoo was issued. The provisions of this Section shall not apply to livestock marked or branded prior to April 1, 1974, unless the mark, brand or tattoo was registered or recorded in the office of the Commissioner of Agriculture. Code 62-103 amended. 62-104. Change of recorded marks and brands. No registered mark, brand or tattoo shall be changed, so as to be of any avail to the owner, unless permission is first granted by the Commissioner, and a minute made thereof. Code 62-104 amended. 62-105. Rules and regulations. The Commissioner of Agriculture is hereby authorized to promulgate and adopt such rules and regulations as may be necessary or convenient to carry out the provisions of this Chapter. Code 62-105 amended. 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. Code section 62-9901, relating to single brands and marks and branding and marking increase, is hereby repealed in its entirety. Code 62-9901 amended. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 26, 1974. CRIMESLIVESTOCK THEFT PENALIZED, ETC. Code 26-1817 Enacted. No. 1229 (House Bill No. 1263). An Act to amend Code Chapter 26-18, relating to theft, as amended, so as to provide for the crime of livestock theft; to provide for definitions; to provide for penalties; to provide the method for determining the value of killed or mutilated livestock; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 26-18, relating to theft, as amended, is hereby amended by adding at the end thereof a new Section, to be designated Code section 26-1817, to read as follows: 26-1817. Livestock theft. (a) A person commits livestock theft when he unlawfully takes or, being in lawful possession thereof, unlawfully appropriates any livestock of another with the intention of depriving the owner of such livestock. For the purposes of this section, the term `livestock' shall mean horses, cattle, swine, sheep, goats, rabbits and any domestic animal produced as food for human consumption. Any person committing livestock theft shall be guilty of a felony and upon conviction shall be punished by imprisonment for not less than one nor more than ten years and by a fine of one thousand dollars; provided,

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however, that if the fair market value of the livestock taken or appropriated is $100 or less, the person committing livestock theft shall be guilty of a misdemeanor and upon conviction shall be punished as for a misdemeanor. Code 26-1817 enacted. (b) For the purposes of this section, if any livestock is killed or mutilated, and a portion thereof taken, the value of the whole animal while alive, or his entire carcass, whichever is greater, shall be considered for the purpose of distinguishing between a misdemeanor offense and a felony offense. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 26, 1974. DEPARTMENT OF PUBLIC SAFETYDRIVER'S LICENSE EXAMINERS SALARIES PROVIDED, ETC. No. 1230 (House Bill No. 1326). 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); to prescribe categories and salaries for driver's license examiners; to provide for furnishing of uniforms; to provide for promotion; 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

Page 1008

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: There shall be no more than seven (7) Chief Radio Operators and no more than six (6) Chief License Examiners in said department, plus such additional Radio Operators and License Examiners as said department may require. Chief Radio Operators and Chief License Examiners shall be compensated at the rate of $6,800 per annum. Radio Operators and License Examiners shall be compensated at the rate of $6,200 per annum. All Radio Operators and all License Examiners, though not members of the uniform battalion, shall be entitled to the increases hereinafter provided for length of service on such base salary., and substituting in lieu thereof the following: There shall be no more than seven (7) Chief Radio Operators in said department, plus such additional Radio Operators as said department may require. Chief Radio Operators shall be compensated at the rate of $6,800 per annum. Radio Operators shall be compensated at the rate of $6,200 per annum. All Radio Operators and License Examiners, though not members of the uniform battalion, shall be entitled to the increases hereinafter provided for length of service on such base salary. The Commissioner of Public Safety may employ such License Examiners as said department may require. The Commissioner of Public Safety shall provide said License Examiners with proper uniforms, suitable to the season, which remain the property of the State of Georgia. License Examiners shall consist of the following categories, and said examiners shall be compensated on an annual basis as follows, which compensation shall be paid on a semimonthly or monthly basis: Examiner IV $8,720 per year, each Examiner III $8,120 per year, each Examiner II $7,520 per year, each Examiner I $7,160 per year, each.

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The Commissioner of Public Safety may initially appoint from the ranks of License Examiners, an Examiner IV, and such Examiners II and III as he shall deem necessary to carry out the purposes of said Act. Additionally, all Chief License Examiners, on the effective date of said Act, shall be designated Examiner III. Except as herein provided, each License Examiner in the Department of Public Safety, on the effective date of said Act, shall become an Examiner I. Any Examiner I may be eligible for promotion to Examiner II, after he has served a minimum of two (2) years as Examiner I. Any Examiner II may be eligible for promotion to Examiner III, after he has served a minimum of one(1) year as Examiner II. Any Examiner III may be eligible for promotion to Examiner IV after he has served a minimum of one (1) year as Examiner III. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 26, 1974. GEORGIA STATE SPEECH PATHOLOGY AND AUDIOLOGY LICENSING ACT. No. 1231 (House Bill No. 1342). An Act to regulate the practice of speech pathology and audiology; to provide a short title; to provide for declaration of purpose; to define certain terms; to create the Board of Examiners for Speech Pathology and Audiology; to provide for the appointments, expenses and meetings of the members of such Board; to provide for powers and duties of such Board; to provide for licensure of speech pathologists and audiologists; to provide for suspension

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and revocation of licenses; to provide for fees; to provide penalties; to provide for exceptions; to provide for the application of the Georgia Administrative Procedure 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. Short Title. This Act shall be known and may be cited as the Georgia State Speech Pathology and Audiology Licensing Act. Section 2. Declaration of Purpose. It is hereby declared to be a policy of this State that in order to safeguard the public health, safety and welfare, and to protect the public from being misled by incompetent, unscrupulous and unauthorized persons, it is necessary to provide regulatory authority over persons offering speech pathology and audiology services to the public. Section 3. Definitions. In this Act, unless the context otherwise requires: (a) Board means the State Board of Examiners for Speech Pathology and Audiology. (b) Person means any individual, partnership, organization or corporate body, except that only individuals can be licensed under this Act. (c) The practice of speech pathology means the application of principles, methods and procedures for the measurement, testing, evaluation, prediction, counseling, instruction, habilitation or rehabilitation related to the development and disorders of speech, voice or language for the purpose of evaluating, preventing, ameliorating or modifying such disorders and conditions in individuals and/or groups of individuals. (d) Speech pathologist means an individual who practices speech pathology and who presents himself to the public by any title or description of services incorporating

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the words speech pathologist, speech therapist, speech correctionist, speech clinician, language pathologist, language therapist, logopedist, communicologist, voice therapist, voice pathologist or any similar title or description of service. (e) The practice of audiology means the application of principles, methods and procedures of measurement, testing, appraisal, prediction, consultation, counseling, instruction and research related to hearing and disorders of hearing for the purpose of modifying communicative disorders involving speech, language, auditory behavior or other aberrant behavior related to hearing loss; and the planning, directing, conducting or participating in programs of identification, hearing conservation, habilitation, and rehabilitation, including hearing aid recommendation and evaluation procedures such as, but not limited to, specifying amplification requirements and evaluation of the results thereof, auditory training, and speech reading. (f) Audiologist means an individual who practices audiology and who presents himself to the public by any title or description of services incorporating the words audiologist, hearing clinician, hearing therapist or any similar title or description of service. (g) Speech pathology aide or audiology aide means any person, meeting the minimum requirements established by the State Board of Examiners for Speech Pathology and Audiology, who works directly under the supervision of a licensed speech pathologist or licensed audiologist, respectively. (h) Joint Secretary means the Joint Secretary, State Examining Boards of Georgia. Section 4. Board of Examiners on Speech Pathology and Audiology. (a) There is hereby created the Board of Examiners for Speech Pathology and Audiology, whose duty it is to administer the provisions of this Act. The Board shall consist of seven members who shall be appointed

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by the Governor with the approval of the Secretary of State and shall be confirmed by the Senate. At least two of the members shall be licensed speech pathologists and at least two shall be licensed audiologists, all of whom shall have been engaged in rendering services to the public, teaching or research in speech pathology or audiology for a period of at least three years immediately preceding their appointments. At least one member shall be a Board-certified otolaryngologist of the State of Georgia. At least one member shall be lay person representing the public. All members shall be residents of the State of Georgia and shall have been residents of the State for at least one year prior to their appointments. (b) Within ninety days after the effective date of this Act, the first Board shall be appointed by the Governor from a list of names of at least five speech pathologists and five audiologists submitted by the Georgia Speech and Hearing Association. Each otolaryngologist shall be appointed from a list of names of at least two otolaryngologists submitted by the Georgia Society of Otolaryngology. Each subsequent appointment shall be made from lists of names of no less than two persons from recommendations submitted by the respective organizations. (c) The members of the first Board shall serve the following terms: two members for one year, two members for two years and three members for three years. Members of the Board shall serve until the expiration of the terms for which they have been appointed. When a vacancy upon the Board occurs, the Governor shall appoint a successor to fill the unexpired term in the manner previously designated. A member of the Board may be reappointed to succeed himself only once. (d) At the expiration of the above terms, Board members shall be appointed for a period of three years. (e) Each speech pathologist and audiologist of the Board first appointed under this Act shall be issued a license upon meeting the requirements for licensure and payment of the appropriate fee as provided by this Act.

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(f) The Governor, after notice and opportunity for hearing, may remove any member of the Board for dishonorable conduct, incompetency or neglect of duty. (g) No member of the Board shall be liable to civil action for any act performed in good faith in the performance of his duties as prescribed by law. Section 5. Powers and Duties of the Board. (a) The Board shall have the responsibility and duty of administering and enforcing the provisions of this Act. The Board shall be responsible for preparing the examinations required by this Act and shall assist the Joint Secretary in carrying out the provisions of this Act. The Board shall have the power to establish and to revise the requirements for obtaining licensure or the renewal of licensure. (b) In addition to the powers and duties granted to the Board by other provisions of this Act, the Board shall make all rules, not inconsistent with the Constitution and laws of this State, that are reasonably necessary for the conduct of its duties and proceedings. (c) The Board shall: (1) adopt rules and regulations relating to professional conduct commensurate with the policy of this Act, including, but not limited to, regulations which establish ethical standards of practice, and for other purposes. Following their adoption, such rules and regulations, consistent with the provisions of this Act, shall govern and control the professional conduct of every person who holds a license to practice under this Act in this State; (2) conduct such hearings and keep such records and minutes as are necessary to the orderly dispatch of its functions; (3) authorize, with the advice of the Joint Secretary, all disbursements necessary to carry out the provisions of this Act;

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(4) supervise issuance of licenses and administer qualifying examinations to test the knowledge and proficiency of applicants at least once a year; (5) register persons who apply to the Board and who are qualified to engage in the practice of audiology and speech pathology; (6) purchase and maintain, or rent equipment and other facilities necessary to carry out the examination of applicants; (7) issue and renew licenses; (8) suspend or revoke licenses in the manner provided; (9) designate the time and place for examining applicants; (10) appoint representatives or contract with qualified testing services to conduct or supervise examinations; (11) establish fees; (12) issue, annually, a list stating the names of persons currently registered under this Act; (13) provide for the continuing professional education of persons subject to this Act by appropriate regulation; (14) make an annual report to the Governor not later than the fifteenth day of November of each year, which report shall contain an account of duties performed, actions taken and appropriate recommendations. (d) The Joint Secretary shall be guided by the recommendations of the Board in all matters relating to this Act. Section 6. Meetings of the Board. (a) The Board shall hold a regular annual meeting at which it shall elect from its membership a chairman and vice-chairman. The Board shall meet not less than once each year at a place, day and

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hour determined by the Board and not more than eight times per year as necessary. In connection with such meetings, the members of the Board shall receive $25.00 for each day, or part thereof, in the performance of their official duties in addition to other expenses which are provided by law. The Board may also meet at such other times as may be requested by the Joint Secretary or determined by the Board, but shall not be compensated therefor under this Act. (b) The Joint Secretary shall notify each member of the Board by certified mail no less than ten days in advance of the time and place of any meeting of the Board. (c) Four members of the Board shall constitute a quorum. Section 7. Licensure and Regulation of Speech Pathologists and Audiologists. (a) On and after January 1, 1975, no person shall practice or hold himself out as being able to practice either speech pathology or audiology in this State unless he is licensed in accordance with the provisions of this Act. Nothing in this Act, however, shall be construed to prevent a person licensed or certified under any other law of the State of Georgia, such as physicians, nurses, clinical psychologists, state certified teachers of the hearing impaired, and persons dispensing hearing aids, from engaging in the activities for which he is licensed or certified. (b) Licensure is not required of a speech pathologist or an audiologist while he is working as an employee of a federal, state, county, or municipal agency, or a duly chartered educational institution, or a training center, provided that no fees are charged for the services, either directly or through a third party. (c) Nothing in this Act shall be construed to prevent participation by a student, intern, or fellow in supervised clinical services directly related to meeting the qualification for licensure as stipulated by this Act at a recognized educational institution or training center. (d) Nothing in this Act shall be construed to restrict

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hearing testing or any other act by a licensed physician and surgeon operating within the scope of his licensure or the doing of such acts by persons acting under his direct supervision. (e) Nothing in this Act shall be construed to entitle any person licensed hereunder, to engage in the practice of selling and dispensing hearing aids, unless such person also holds a valid license as a hearing aid dispenser issued under the laws of Georgia. (f) Nothing in this Act shall be construed to limit in any way the rights of hearing aid dispensers, licensed under Georgia law, as set forth in the Act creating the Board of Hearing Aid Dealers and Dispensers, approved March 24, 1970 (Ga. L. 1970, p. 653, et seq.) as the same now exists or as it may hereafter be amended. (g) Applications for licenses may be made any time after the effective date of this Act. Any license shall be kept conspicuously posted in the licensee's office or place of business at all times. Section 8. Requirements for Licensure. To be eligible for licensure by the Board, the applicant must: (a) Hold a baccalaureate or higher degree, with a major emphasis in speech pathology and/or audiology from an accredited educational institution offering a graduate program in speech pathology and/or audiology. (b) Submit evidence of the completion of 60 semester hours of academic credit from one or more accredited colleges or universities constituting a well-integrated program that includes 18 semester hours in courses that provide fundamental information applicable to the normal development and use of speech, hearing and language, and 42 semester hours in courses that provide information about and training in the management of speech, hearing and language disorders, or that provide information supplementary to these fields. Of these 42 semester hours, no fewer than six must be in audiology for the speech pathologist

Page 1017

or in speech pathology for the audiologist; no more than six of these 42 semester hours may be in courses that provide academic credit for clinical practice. Of these 42 semester hours, at least 24, not including credit for thesis or dissertation, must be in courses in the field in which the license is requested. Furthermore, 30 of these 42 semester hours must be in courses acceptable toward a graduate degree by the college or university in which these courses are taken. (c) Submit evidence of the completion of 275 clock hours of directly supervised clinical practicum with cases representative of a wide spectrum of ages and communication disorders. The experience must be obtained within the accredited academic institution or in one of its cooperating programs. (d) Submit evidence of no less than nine months of full-time paid clinical experience in the area for which a license is requested, obtained under the supervision of one or more licensed speech pathologists or audiologists or one or more persons whose education and experience is the substantial equivalent of a licensed speech pathologist or audiologist. Supervision must be provided by individuals licensed or qualified in the appropriate area. This experience must follow completion of the requirements listed in subsections (a), (b) and (c) of this Section. Full-time is defined as at least 30 hours per week. The nine months of full-time paid experience must be obtained within a period of 24 consecutive months. This requirement may also be fulfilled by 18 months of half-time paid experience of at least 15 hours per week which must be completed within a period of 36 months. (e) Pass an examination approved by the Board. Each applicant desiring to become licensed shall make application for examination to the Joint Secretary on forms required by the Joint Secretary at least 30 days prior to the date of such examination, accompanied by an examination fee as determined by the Board. The Board may require that the application be verified. The Board shall determine the subject and scope of the examinations and shall administer

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examinations to qualified applicants at least once a year. An applicant who fails his examination may be re-examined at a subsequent examination upon payment of another examination fee. Only the Board has the power to determine whether an applicant's examination has been passed or failed. An applicant who fails the examination may request an explanation for failure. (f) Be of good moral character. Section 9. Licensure Without Examination. (a) Until one year after the effective date of this Act, the Board may waive the examination requirement for applicants who meet the educational and experiential requirements of Section 8 and grant licensure upon payment of fees. (b) The Board may waive the examination and grant a license upon payment of fees to applicants who present proof of current licensure in a state or country whose requirements for licensure are substantially equivalent to those of this Act. (c) The Board may waive the examination and grant a license upon payment of fees to those who hold the Certificate of Clinical Competence of the American Speech and Hearing Association in the area for which they are applying for licensure. (d) Until one year after the effective date of this Act, the Board may waive the examination, educational and experiential requirements of Section 8 and grant licensure upon payment of fees to those applicants who hold a baccalaureate degree with a major in speech pathology or audiology, who, on the effective date of this Act, have been engaged full time in Georgia in the practice of speech pathology or audiology for not less than two years immediately prior to the effective date of this Act, and who present proof of bona fide practice to the Board in a manner prescribed by regulations promulgated by the Board. Section 10. Licenses. (a) The Board shall issue a license certificate to each person whom it licenses as a speech

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pathologist and/or audiologist. Licensure shall be granted in either speech pathology or audiology independently. Qualified applicants may be independently licensed in both. (b) The Board shall issue a temporary license to an applicant who meets all requirements for licensure except for passing the examination. A temporary license will expire one year after the date of issuance and is not renewable. After the expiration of the temporary license, the applicant may not engage in the practice of audiology or speech pathology unless all requirements for full licensure have been met. (c) A licensed speech pathologist or audiologist may place his license on inactive status if, prior to expiration of his license, he makes written application to the Board for such status and pays a fee set by the Board. Thereafter, he may renew his license upon payment of a fee set by the Board and completion of a refresher course, the requirements for which shall be established by the Board. The inactive status shall not exceed three years. During the period of time his license is in an inactive status, he shall not engage in the practice of speech pathology or audiology in the State of Georgia. (d) Every person licensed under this Act shall pay, on or before December 1 each year, a fee for renewal of a license. The Board may, in the event payment of the renewal is rendered after December 31 of any given year, renew a license upon payment of the renewal license fee plus a late renewal payment penalty, which penalty shall equal the amount prescribed by the Board. No person whose license has expired and who requests renewal of license shall be required to submit evidence of qualifications as a condition of renewal, if such renewal application is made within two years from the date of such expiration. Any person who fails to renew his license within five years after the date of its expiration may not renew it, and it may not be restored, reissued or reinstated thereafter; provided, however, that such person may apply for and obtain a new license if he meets the current requirements of this Act.

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Section 11. Suspension or Revocation of License. (a) The license of any licensee under this Act may be suspended or revoked, or a reprimand may be issued by the Board upon proof that the licensee: (1) has been convicted of a felony by any court; a crime committed outside of this State which would be a felony if committed within the State shall be declared a felony; or (2) has been guilty of fraud or deceit in connection with his services rendered as a speech pathologist and/or audiologist; or (3) has aided or abetted a person, not a licensed speech pathologist and/or audiologist, in illegally engaging in the practice of speech pathology or audiology within this State; or (4) has been guilty of unprofessional conduct as defined by the rules established by the Board, or has violated the Code of Ethics made and published by the Board; or (5) has used fraud or deception in applying for a license or in passing an examination provided for in this Act; or (6) has been grossly negligent in the practice of his profession; or (7) has willfully violated any of the provisions of this Act or any regulations adopted hereunder. (b) No license shall be suspended or revoked, or reprimand issued, until after a hearing before the Board. A notice shall be served to the licensee charged, stating the time and place of the hearing and setting forth the grounds constituting the charges against the licensee. The licensee shall be entitled to be heard in his defense either in person or by counsel and may produce testimony and may testify in his own behalf. (c) The Georgia Administrative Procedure Act, Ga. L.

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1964, p. 338, as amended, applies to and governs all administrative action taken by the Board. Section 12. Extent of Licensee's Practice. Nothing contained in any other law shall prevent a person who is qualified under this Act from engaging in the practice for which he is licensed under this Act. Section 13. Fees. An applicant who meets the requirements for licensure, as provided by this Act, and has paid the requisite fee shall be licensed by the Board as a speech pathologist and/or audiologist. The examination fee, licensing fee, renewal fee and inactive license fee shall be an amount fixed by the Board and Joint Secretary. Fees may not be refunded to applicants or licensees under any circumstances. The Board may not fix a biennial license fee in excess of $100.00 and a biennial renewal fee in excess of $50.00. Section 14. Penalties. Any person violating the provisions of this Act shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of no less than $250.00, nor more than $1,000.00, or by imprisonment for not more than six months, or both. A license held by any person convicted under this Section shall be forfeited and revoked forthwith for one year from the date of such conviction. Section 15. 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 16. Effective Date. This Act shall become effective

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upon its approval by the Governor or upon its becoming law without his approval. Section 17. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 26, 1974. CRIMESTERRORISTIC ACT DEFINED. Code 26-1307.C.1. No. 1232 (House Bill No. 1359). An Act to amend Code Chapter 26-13, pertaining to crimes involving bodily injury and related offenses, so as to provide that a person commits a terroristic act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 26-13, pertaining to crimes involving bodily injury and related offenses, is hereby amended by adding a new section, to be numbered Code section 26-1307.C.1 to read as follows: 26-1307.C.1. A person commits a terroristic act when, while not in the commission of a lawful act, he shoots at or throws an object at a conveyance which is being operated or which is occupied by passengers. Code 26-1307.C.1 enacted. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 26, 1974.

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TEACHERS' RETIREMENT SYSTEMTIME OF FILING APPLICATIONS CHANGED, ETC. No. 1233 (House Bill No. 1365). An Act to amend an Act establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, particularly by an Act approved April 17, 1973 (Ga. L. 1973, p. 784), an Act approved April 17, 1973 (Ga. L. 1973, p. 895) and an Act approved April 17, 1973 (Ga. L. 1973, p. 905) so as to make a technical correction relative to reference to a section; to change the provisions relative to time for filing service retirement applications; to provide for retirement on service retirement or disability retirement under certain conditions; to change the provisions relative to earnings while receiving disability retirement benefits; to change the provisions relative to death benefits; to change the provisions relative to return of contributions when a member dies; 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 the Teachers' Retirement System, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, particularly by an Act approved April 17, 1973 (Ga. L. 1973, p. 784), an Act approved April 17, 1973 (Ga. L. 1973, p. 895) and an Act approved April 17, 1973 (Ga. L. 1973, p. 905) is hereby amended by striking subsection (10) of section 4, as set forth in the amendatory Act approved April 17, 1973 (Ga. L. 1973, p. 784), which reads 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

Page 1024

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 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 reestablish such credits that he had at the time he withdrew from active service and such credits in which the member had 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%) percent compounded annually on his annuity account from the date of freezing to date of payment, whichever is greater., in its entirety. Section 2. Said Act is further amended by striking from the last sentence of paragraph (a) of subsection (1) of section 5 the figure, 90 and inserting in lieu thereof the figure, 180 so that when so amended said paragraph (a) shall read as follows: (a) Any member in service may retire upon written application to the Board of Trustees provided that the said member at the time of retirement shall have attained the age of 60 years and shall have 10 years or more of creditable service, or shall have 35 years or more of creditable service. The effective date of retirement will be the first

Page 1025

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 180 days in advance of the effective date of retirement. Section 3. Said Act is further amended my striking paragraph (b) of subsection (3) of section 5 in its entirety and substituting in lieu thereof a new paragraph (b) to read as follows: (b) If a disabled member qualifies for either service retirement or disability retirement and a service retirement calculation exceeds the amount that he would receive if he retired on disability, he shall receive a service retirement allowance as provided in subsection (2) of this Section. Otherwise, he shall receive a disability retirement allowance which shall consist of: (i) An annuity which shall be the actuarial equivalent of his accumulated contributions at the time of his retirement derived through the application of disability actuarial mortality tables approved by the Board of Trustees; and (ii) An annual pension computed under the formula provided in subsection (2), paragraph (b), but with no reduction for age less than 62 as provided in paragraph (c) of subsection (2). Section 4. Said Act is further amended by striking the last two sentences of subsection (4) of section 5, which read as follows: Should the medical board report and certify to the board of trustees that a disability beneficiary is engaged in or is able to engage in a gainful occupation paying more than the difference between his retirement allowance and his average final compensation, the board of trustees may reduce his pension to an amount, together with his annuity and the amount earnable by him, equals his average final compensation. Should his earning capacity be later changed, the amount of his pension may be further modified: Provided

Page 1026

that the new pension shall not exceed the amount of the pension originally granted nor an amount, which when added to the amount earnable by him together with his annuity, equals his average final compensation., in their entirety and inserting in lieu thereof the following two sentences: Should it be determined that a disability beneficiary is engaged in a gainful occupation or should the medical board report and certify to the Board of Trustees that a disability beneficiary is able to engage in a gainful occupation paying more than the difference between his disability retirement benefit and the current rate of compensation for the position which he held at the time of his disability retirement, the Board of Trustees may reduce his pension to an amount whereby his total retirement benefit together with the amount earnable by him equals the current rate of compensation for the position which he held at the time of his disability retirement, as determined by the Board of Trustees. Should his earning capacity be changed later, the amount of his pension may be further modified, but the new pension shall not cause the total of his disability retirement benefit together with the amount earnable by him to exceed the current rate of compensation, as determined by the Board of Trustees, for the position which he held at the time of his disability retirement. Section 5. Said Act is further amended by striking paragraph (a) of subsection (5) of section 5 in its entirety and substituting in lieu thereof a new paragraph (a) to read as follows: (a) Upon death of any member in service, leaving a named beneficiary, the beneficiary, depending upon the beneficiary designation form on file with the Teachers' Retirement System and the amount of creditable service of the deceased member, 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 either a service retirement allowance as provided in subsection (2) of this

Page 1027

Section or a disability retirement allowance as provided in subsection (3) of this section, electing option 2 as provided in subsection (8) of this section, depending upon whichever calculation produces the larger benefit; or (iii) A choice of electing either (i) or (ii) of this paragraph. Beneficiary. Section 6. Said Act is further amended by striking the second paragraph of subsection (7) of section 5 in its entirety and substituting in lieu thereof a new second paragraph of said subsection to read as follows: If a member dies, the amount of his accumulated contributions, with interest credits thereon, shall be paid to the person, if any, nominated by him by written designation duly executed and filed with the Board of Trustees; otherwise to the member's estate if the member had less than 10 years of creditable service at the time of death. If the deceased member had 10 years or more of creditable service, the death benefit would be paid in accordance with subsection (5), paragraph (a) or (b) of this section. Section 7. Said Act is further amended by striking subsection (10) of section 5 in its entirety and substituting in lieu thereof a new subsection (10) to 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 in this Act shall be construed as providing for any

Page 1028

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 reestablish 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%) percent compounded annually on his annuity account from the date of freezing to date of payment, whichever is greater. Section 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 26, 1974. EDUCATIONMINIMUM NUMBER OF TEACHERS PROVIDED FOR ISOLATED SCHOOLS, ETC. No. 1234 (House Bill No. 1571). An Act to amend an Act entitled the Minimum Foundation Program of Education Act, approved January 24, 1964 (Ga. L. 1964, p. 3), as amended, so as to provide that any school with grades 1 through 12 classified by the State Board of Education as an isolated school on January 1, 1974, shall have a minimum of 9 State allotted teachers;

Page 1029

to provide that any school with grades 1 through 7 classified by the State Board of Education as an isolated school on January 1, 1974, shall have a minimum of 7 State allotted teachers; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled the Minimum Foundation Program of Education Act, approved January 24, 1964 (Ga. L. 1964, p. 3), as amended, is hereby amended by striking section 17 in its entirety and substituting in lieu thereof a new section 17, to read as follows: Section 17. Isolated Schools; Allotment of Additional Teachers, Personnel and Funds. The State Board of Education shall annually allot additional teachers and other certificated professional personnel, and additional funds needed for the purpose of paying the salaries of such personnel and funds provided for herein based upon allotments of teachers, to local units of administration as may be necessary to assist local units in operating elementary and secondary schools which are, pursuant to provisions of this Act and regulations and standards prescribed by the State Board, classified as being `isolated schools', in such manner as to provide pupils attending such `isolated schools' a minimum foundation program of education essentially comparable to that provided pupils attending public schools not coming within this classification. Any school with grades 1 through 12 classified by the State Board of Education as an `isolated school' on January 1, 1974, shall have a minimum of 9 State allotted teachers. Any school with grades 1 through 7 classified by the State Board of Education as an `isolated school' on January 1, 1974, shall have a minimum of 7 State allotted teachers. An `isolated school' shall mean an elementary or secondary public school which meets such standards or characteristics of isolation as shall be prescribed from time to time by the State Board of Education based upon consideration of factors such as size of the school, school population density, surrounding road conditions to include distance by the nearest passable road to another appropriate school, time required for transporting

Page 1030

such pupils to another appropriate school, climatic and geographical conditions, and such other similar factors as the Board may, in its discretion, find relevant for the purpose of classifying a school as being isolated within the meaning of this Section. No local unit of administration shall be entitled to receive additional allotments of teachers, other personnel or State funds under provisions of this Section unless the local unit shall, at such time before the beginning of each school year for which such allotments are desired as the State Board may prescribe, make application to the State Board for classification of a particular school or schools as `isolated' within the meaning of this Section, and submit to the State Board such proofs of isolation as the Board may require. Whether or not any school shall be termed an `isolated school' within the meaning of this Section, and regulations and standards prescribed by the State Board for this purpose, shall be a matter for determination by the State Board, and such determination shall, in the absence of a clear abuse of discretion, be final and conclusive. The State Board shall have authority to establish minimum requirements and standards respecting utilization of additional teachers and funds allotted under this Section. Funds allotted under provisions of this Section shall be deemed to be allotted for the purpose of relieving hardships caused by operation of provisions of this Act, and shall be made from funds available in the contingency fund provided for in Section 28 of this Act. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 26, 1974. AGRICULTURECERTAIN DECEPTIVE ADVERTISING AND SALE OF CERTAIN MEAT PROHIBITED, ETC. No. 1235 (House Bill No. 1632). An Act to prohibit certain deceptive advertising and sales practices or techniques in connection with the sale of

Page 1031

beef, pork or lamb; to provide for a declaration of policy; to provide for the disclosure of certain information in connection with advertisements or offers for sale of certain meats and animal carcasses; to provide for definitions; to provide for rules and regulations; to provide for 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. The General Assembly hereby declares that purchasers and consumers have a right to except and demand honesty and fair practices in the sale of meat for human consumption. It is the purpose of this Act to insure that honest, fair and ethical practices are followed in the advertising and sale of meat for human consumption and to authorize the Commissioner of Agriculture to take all actions necessary to insure that such practices are followed. The General Assembly views with alarm the fact that misleading and false advertising and sales tactics have been used in the sale of meat to Georgia consumers. It is to stop these practices that the General Assembly has enacted this Act. The consumer has a right to know what he is buying and the true cost of the meat which he is purchasing for consumption. Section 2. (a) It shall be unlawful for any person, partnership, firm, company or corporation to advertise, sell or offer for sale any carcass cuts of beef, pork or lamb without prominently disclosing the price of such beef, pork or lamb per pound in all such advertisements or on the packaging or display case in which the meat is displayed or offered for sale. The provisions of this section shall not apply to the sale of beef, pork or lamb when sold for immediate consumption on the premises or where sold as a cooked food but not in a package or where sold for purposes other than for human consumption. (b) It shall be unlawful for any person, partnership, firm, company or corporation to employ bait and switch advertising or sales techniques in connection with the sale of

Page 1032

beef, pork or lamb or to use any other advertising or sales technique which is calculated to deceive, or which in fact deceives, purchasers of beef, pork or lamb as to what they are purchasing or its quality or quantity. Bait and switch as used herein shall mean, but shall not be limited to, the advertising of products with the intent not to sell said products as advertised or advertising products with the intent not to supply reasonably expected public demand unless the advertisement discloses a limitation of quantity, or advertising a product which by accepted standards is inferior, with the expectation of switching the consumer to a product of accepted standard at a higher price. Section 3. It shall be unlawful for any person, partnership, firm, company or corporation to advertise, sell or offer for sale any quarter, half, three-quarters or whole animal carcass for use as food for human consumption without disclosing in such advertisement and to the purchaser at the time of sale the minimum number of pounds of retail cuts contained in such quarter, half, three-quarters or whole animal carcass. In determining the minimum number of pounds of red meat from such carcass the person, partnership, firm, company or corporation shall refer to currently effective United States Department of Agriculture charts and tables of yield grades. Section 4. The Commissioner of Agriculture is hereby authorized to promulgate and adopt rules and regulations necessary or convenient to carry out this Act and to prevent the deceptive advertising of meat. Rules. Section 5. Any person, partnership, firm, company or corporation violating the provisions of this Act or any rule or regulation adopted by the Commissioner of Agriculture pursuant to the provisions of this Act shall be guilty of a misdemeanor and, upon conviction, shall be punished as for a misdemeanor. Penalty. Section 6. This Act shall become effective immediately upon its approval by the Governor or upon its becoming law without his approval. Effective date.

Page 1033

Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 26, 1974. EDUCATIONCERTAIN REQUIREMENTS PROVIDED FOR TEACHING EXCEPTIONAL CHILDREN, ETC. No. 1236 (House Bill No. 1815). 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 certain requirements relative to the certification of teachers, principals and guidance counselors; to provide for a definition; 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 8 and 9 to be designated section 8A and to read as follows: Section 8A. Course in Education of Exceptional Children. (a) After July 1, 1976, any person granted a certificate as a teacher, principal or guidance counselor, pursuant to section 8 of this Act, shall have satisfactorily completed a course of five or more quarter hours, approved by the State Board of Education, in the education of exceptional children, or participate in a local system's staff development program designed to assist teachers in the identification of students with special needs. (b) As used in subsection (a) hereof, `exceptional children' shall have the same meaning as provided by subsection (a) of section 1 of an Act providing for the education

Page 1034

of exceptional children, approved March 7, 1968 (Ga. L. 1968, p. 120), as now or hereafter amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 26, 1974. INTOXICATING LIQUORSPROCEDURES FOR INVESTIGATION OF LICENSEES PROVIDED. No. 1237 (House Bill No. 1846). 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 provide detailed procedures for the issuance and renewal of licenses required by said Act and for the investigation of all applicants for such 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 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 redesignating subsections (e), (f), (g), (h), of section 9 as subsections (f), (g), (h), (i), respectively, of section 9 and adding a new subsection to be designated subsection (j) to read as follows: (j) All persons licensed under the provisions of this Act desiring to continue in operation in the following calendar year must make application to renew such license no later than November 1 of each calendar year. Any such licensee making proper application, with all supporting documents for the purpose of obtaining a license to operate during the following calendar year and having filed such

Page 1035

application prior to November 1, shall be permitted to continue to operate pending renewal of such applicant's license for the following calendar year. Persons making initial applications for licenses issued pursuant to this Act, after properly filing all required documents, including a valid local license, may be authorized by the Revenue Commissioner to operat pursuant to a temporary permit which shall be issued under such regulations and in such form as the Revenue Commissioner may deem appropriate. No right or property shall vest in any applicant by virtue of the issuance of such permit. The Commissioner may impose a pre-license investigative fee upon persons making initial application for licenses issued pursuant to this Act, not to exceed one hundred dollars ($100.00), which fee shall not be refundable. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 26, 1974. STATE PROPERTIES CODE AMENDEDAMENDMENTS TO EXISTING LEASES DEFINED, ETC. Code 91-105a Amended. No. 1238 (House Bill No. 1892). An Act to amend Code section 91-105a of Code Chapter 91-1A of the Code of Georgia, known as the State Properties 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

Page 1036

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), and by an Act approved April 17, 1973 (Ga. L. 1973, p. 857), so as to define, for purposes of the State Properties Code, amendments to any existing Lease, and to prescribe the procedure to be followed in the preparation, approval, and execution of said amendments; to provide a severability clause; 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 Section 91-105a of Code Chapter 91-1A of the Code of Georgia, known as the State Properties 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), and by an Act approved April 17, 1973 (Ga. L. 1973, p. 857), is hereby further amended by striking from the end of subsection (1) thereof the following: ; an by adding at the end of subsection (1) thereof the following: , which amendments shall not, for the purposes of subsection (d) of Section 91-105a and Section 91-106a of this Code Chapter, be interpreted as lease proposals or proposals to lease, provided: (1) That the lessee of the Lease as it is to be amended shall be either (i) the lessee, (ii) a successor, (iii) an assignee or (iv) a sub-lease, as to all or a portion of the property described in the Lease as first executed or as heretofore amended; (2) That the property described in the Lease as it is to be amended shall not be greater than the property described in the Lease as first executed or as

Page 1037

heretofore amended; and (3) That the term (duration) of the Lease as it is to be amended shall not be greater than the term (duration) of the Lease as first executed or as heretofore amended. Unless otherwise provided in the Lease as first executed or as heretofore amended: (1) The Commission shall prepare each said amendment in at least four counterparts all of which shall immediately be signed by the lessee 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 an offer by the lessee and shall not be subject to revocation by the lessee unless it is rejected by the General Assembly or the Governor as hereinafter provided. A Resolution containing an exact copy of the amendment, or to which an exact copy of the amendment 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; (2) 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 offer shall be considered rejected by the General Assembly; (3) 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 offer shall be considered rejected by the Governor; and (4) 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, then whenever in the judgment of the Chairman of the Commission all of the precedent terms and conditions of the amendment and the aforesaid Resolution, if any there be, 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 lessee the amendment for and on behalf of and in the name of the State. The Governor's

Page 1038

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 amendment; so that when so amended said Code section 91-105a(1) of Code Chapter 91-1A of the Code of Georgia, known as the State Properties Code, shall read as follows: (1) negotiate and prepare for submission to the General Assembly amendments to any existing Lease, which amendments shall not, for the purposes of subsection (d) of Section 91-105a and Section 91-106a of this Code Chapter, be interpreted as lease proposals or proposals to lease, provided: (1) That the lessee of the Lease as it is to be amended shall be either (i) the lessee, (ii) a successor, (iii) an assignee or (iv) a sub-lessee, as to all or a portion of the property described in the Lease as first executed or as heretofore amended; (2) That the property described in the Lease as it is to be amended shall not be greater than the property described in the Lease as first executed or as heretofore amended; and (3) That the term (duration) of the Lease as it is to be amended shall not be greater than the term (duration) of the Lease as first executed or as heretofore amended. Unless otherwise provided in the Lease as first executed or as heretofore amended: (1) The Commission shall prepare each said amendment in at least four counterparts all of which shall immediately be signed by the lessee 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 an offer by the lessee and shall not be subject to revocation by the lessee unless it is rejected by the General Assembly or the Governor as hereinafter provided. A Resolution containing an exact copy of the amendment, or to which an exact copy of the amendment 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

Page 1039

of readings and, in both the House of Representatives and the Senate, go through the same processes and procedures as a bill; (2) 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 offer shall be considered rejected by the General Assembly; (3) 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 offer shall be considered rejected by the Governor; and (4) 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, then whenever in the judgment of the Chairman of the Commission all of the precedent terms and conditions of the amendment and the aforesaid Resolution, if any there be, 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 lessee the amendment 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 amendment; Code 91-105a amended. Section 2. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional by a Court of competent jurisdiction, such declaration or adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the Section, subsections, 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.

Page 1040

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Approved March 26, 1974. STATE PROPERTIES CODE AMENDEDCERTAIN AUTHORITY GRANTED, ETC. Code 91-105a Amended. No. 1239 (House Bill No. 1893). An Act to amend Code section 91-105a of Code Chapter 91-1A of the Code of Georgia, known as the State Properties 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), and by an Act approved April 17, 1973 (Ga. L. 1973, p. 857), so as to permit the State Properties Commission to perform all terms including, but not limited to, termination, satisfy all conditions, fulfill all requirements, and discharge all obligations and duties contained in all Leases or contracts of sale of the Property which provide that the Commission is empowered to act or shall act for and on behalf of the State of Georgia (Lessor or Seller) and which Leases or contracts of sale have heretofore been approved and adopted (passed) or authorized by Resolution of the General Assembly or which Leases or contracts of sale may hereafter be approved and adopted (passed) or authorized by a Resolution of the General Assembly with said latter Resolution being approved by the Governor; to provide a severability clause; to repeal conflicting

Page 1041

laws; to provide an effective date; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 91-105a of Code Chapter 91-1A of the Code of Georgia, known as the State Properties 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), and by an Act approved April 17, 1973 (Ga. L. 1973, p. 857), is hereby further amended by striking from the end of subsection (m) thereof the following: and and by striking from the end of subsection (n) thereof the following: . and by adding at the end of subsection (n) thereof the following: ; and and by adding at the end of said Code Section 91-105a of Code Chapter 91-1A of the Code of Georgia a new subsection, to be entitled Code section 91-105a (o) of Code Chapter 91-1A of the Code of Georgia, known as the State Properties Code, which shall read as follows: (o) perform all terms including, but not limited to, termination, satisfy all conditions, fulfill all requirements, and discharge all obligations and duties contained in all Leases or contracts of sale of the Property which provide that the Commission is empowered to act or shall act for

Page 1042

and on behalf of the State of Georgia (Lessor or Seller) and which Leases or contracts of sale have heretofore been approved and adopted (passed) or authorized by a Resolution of the General Assembly or which Leases or contracts of sale may hereafter be approved and adopted (passed) or authorized by a Resolution of the General Assembly with said latter Resolution being approved by the Governor. Code 91-105a amended. Section 2. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional by a Court of competent jurisdiction, such declaration or adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the Section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Approved March 26, 1974. AGRICULTUREFILING OF WHOLESALE FLUID MILK PRICES PROVIDED, ETC. No. 1240 (Senate Bill No. 560). An Act to amend an Act regulating the sale, inspection, importation and distribution of fluid milk and milk products for human consumption, approved April 5, 1961 (Ga. L. 1961, p. 501), as amended, so as to provide

Page 1043

for the filing of wholesale price lists of fluid milk and fluid milk products with the Commissioner of Agriculture; to provide for the sale of fluid milk and fluid milk products in accord with such price lists; to provide for negotiated sales of fluid milk and fluid milk products; to provide definitions; to provide for record keeping and inspection; 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, inspection, importation and distribution of fluid milk and milk products for human consumption, approved April 5, 1961 (Ga. L. 1961, p. 501), as amended, is hereby amended by adding, between sections 10 and 11, a new Section, to be designated as section 10A, to read as follows: Section 10A. Sale by Processors, Distributors or Brokers. (a) It is the intent and purpose of this Section to provide for an adequate supply of fluid milk and fluid milk products at fair and competitive prices by eliminating unfair sales practices in the wholesale pricing and sale of such products. The availability of fluid milk and fluid milk products at prices not affected by unfair or deceptive sales practices being deemed essential to the public health and welfare, it is hereby found and declared that such products are products affected with a public interest and their sale at wholesale shall be subject to the following provisions. (b) All processors, handlers, distributors, or brokers offering for sale or selling fluid milk and fluid milk products in this State at wholesale shall file, prior to such offer for sale or sale, with the Commissioner, on a form prescribed by said Commissioner, a complete price list together with a list showing rebates, volume discounts, rentals, and equipment furnished at wholesale of all fluid milk and fluid milk products offered for sale or sold by them and of all changes in and amendments thereto made from time to time, said filing to be made at least forty-eight (48) hours prior to the effective date thereof.

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(c) It shall be unlawful for any such processor, distributor, or broker to advertise, offer to sell, or sell within this State, at wholesale, any fluid milk or fluid milk products for any price other than the price listed on the current price list filed by such processor, distributor, or broker with the Commissioner as required herein, except as authorized in subsection (d) of this section. (d) No processor, distributor, or broker shall be prohibited by anything in this section from negotiating the contract price of fluid milk or fluid milk products at wholesale, provided that if such negotiated price varies from the wholesale price listing currently on file with the Commissioner, a notification of negotiated sale shall be filed with the Commissioner within forty-eight (48) hours of such sale. Such notification of negotiated sale shall be on a form prescribed by the Commissioner and shall include the date of sale, the name and address of the purchaser, the negotiated price, and such other information as the Commissioner may require by regulation. (e) As used in this section the term `wholesale' shall mean the offer for sale or sale of fluid milk or fluid milk products to a retailer or other person, firm, or corporation which offers for sale or sells such fluid milk or fluid milk products to the ultimate consumer. (f) The Commissioner shall be authorized to provide by regulation for the keeping, handling and inspection of such records as are necessary for the proper supervision and enforcement of this section. (g) As used in this section, the terms `fluid milk' and `fluid milk products' shall include Grade A pasteurized milk, Vitamin D milk, homogenized milk, flavored milk or flavored milk drinks, sweet cream, whipping cream, homogenized cream, lowfat milk, skim milk, buttermilk, cottage cheese and yogurt. (Buttermilk, cottage cheese and yogurt may be made from reconstituted dried milk solids).

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Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 26, 1974. ADEQUATE PROGRAM FOR EDUCATION IN GEORGIA ACT. No. 1242 (Senate Bill No. 672). An Act to provide for an adequate program for education in Georgia; to provide for a short title and for the purpose of said Act; to provide for instructional services; to provide for supportive services; to provide for cooperative education service agencies; to provide for grants to local units of administration for the operation of educational programs; to provide for district power equalizations; to provide for capital outlay funds; to provide for program standards, assessments and improvements; to provide for the powers and duties of the State Board of Education, State Superintendent of Schools and local units of administration; to provide for withholding of State funds under certain circumstances; to provide for penalties; to provide for all matters relative to the foregoing; to repeal specific Acts; to provide for the construction 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: PART I. SHORT TITLE AND PURPOSE. Section 1. Short Title. This Act shall be known and may be cited as the Adequate Program for Education in Georgia Act.

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Section 2. Establishment of Adequate Program for Education in Georgia. The General Assembly of Georgia, recognizing the need for: Providing an equitably financed public educational structure assuring each Georgian an adequate educational opportunity; establishing and maintaining common minimum standards on a statewide basis which ensure that each child may attend a standard and certified school; providing each child with access to a quality program which will allow personal development as well as career training; an adequate program of general education which will provide students with the knowledge and understanding necessary to develop good physical and mental health, to deal effectively and responsibly with others, to participate actively in the governing process, to conserve the environment, and to be effective workers and responsible citizens; providing for a program assessment and improvement plan which focuses on staff development first, and then on the processes for change which include adequate planning, research and experimental programs leading to continued improvement of public education in Georgia; making teaching as attractive and rewarding a profession as possible in order to attract, hold and fully utilize competent professional personnel in the public school systems in this State; providing for the most efficient use of the school facilities so that broader curriculum and more flexible programming will be available to students throughout the calendar year; providing a method whereby all Georgians shall pay their fair share of the cost of such programs; providing a means whereby the foregoing needs might more readily be met in order to provide an adequate education for the citizens of the State and to discharge the responsibilities and obligations of the State to ensure a literate and informed society does hereby establish an Adequate Program for Education in Georgia for its citizens. PART II. INSTRUCTIONAL SERVICES. Section 3. Policy of the State as to Instructional Services. It is hereby declared to be the policy of the State of Georgia to assure that each Georgian has access to quality instruction designed to develop his capacities to the maximum through programs that meet his developmental and

Page 1047

remedial educational needs. To implement this policy, the State shall assure that funds will be available for instructional personnel, media and equipment, and other necessary operating expenses for general and occupational education for children, youth and adults, including those with special needs. Section 4. General and Occupational Education. All children who have attained the age of six by September 1 of a fiscal year and all youth who have not yet received a high school diploma or its equivalent shall be eligible for enrollment in the general education and occupational programs, including teenage students who are married, a parent, or pregnant. The local units of administration shall have the authority to assign students who are married, pregnant, and/or a parent to programs of instruction within its regular daytime educational program; provided, that a local unit of administration may develop and implement special programs of instruction limited to such students within the regular daytime educational program. It is hereby declared to be the policy of the State of Georgia that general and occupational education be integrated into a comprehensive educational program which will contribute to the total development of the individual. Therefore, it is in the student's best interest to promote coordination and cooperation between the schools and the community, including business and industry, to provide the students an opportunity to participate in and learn from community life. It is declared further that the major goal of this integrated program shall be to prepare students for adult life, including preparation for a job and/or advanced study in his chosen career field. Section 5. Special Education. (a) All children and youth who are eligible for the general education program who have special educational needs shall also be eligible for special education services. Children and youth with special needs are those who have emotional, physical, communicative, or intellectual deviations, or a combination thereof, to the degree that there is interference with school achievements or adjustments, or prevention of full academic attainment and who require modifications or alterations in

Page 1048

their educational programs. This definition includes children who are intellectually gifted, mentally retarded, physically handicapped, speech handicapped, behaviorally disordered, hospital or homebound, handicapped by a specific learning disability, multi-handicapped, autistic, hearing impaired, visually impaired and any other areas of special needs which may be identified. The State Board of Education shall adopt classification criterial for each area of special need to be served on a Statewide basis, both for students to be served in a self-contained setting and those who can be served effectively in the regular classroom by itinerant personnel. (b) Local units of administration shall, subject to any limitations hereinafter specified, provide a special education program for all students with special needs who are residents of their school systems, either by establishing and maintaining such educational facilities and employing such professional workers as are needed by these students or by entering into a contract with other school systems or Cooperative Educational Service Agencies for such services. (c) The State Board of Education shall have the authority to provide educational and training services for children who have special educational needs such as emotional, physical, communicative, and/or intellectual deviations to the degree that there is interference with school achievements or adjustments, or prevention of full academic attainment, and who require modifications or alterations in their educational programs. This definition includes children who are mentally retarded, physically handicapped, speech handicapped, multiple handicapped, autistic, intellectually gifted, hearing impaired, visually impaired, and any other areas of special needs which may be identified: (1) by contracting with suitable private organizations inside or outside the State of Georgia for the provision of such services; (2) by making grants in an amount not to exceed the cost of educating the same type of child with special needs

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of an identical age in Georgia public schools to the parents or legal guardians of such children; (3) by contracting with suitable public agencies and departments, including institutions in which eligible children are confined and outpatient centers serving eligible children, inside and outside the State of Georgia, for the provision of such services; or (4) by entering into reciprocal agreements with other states or political subdivisions thereof for the provision of such services. (d) The State Board of Education may promulgate any rules, regulations and standards and establish the terms and conditions governing the provision of State aid hereunder and perform any and all acts necessary or proper to carry out the provisions, intent and purpose of this section. (e) It is further provided that every child and youth eligible for special education services shall have access to a quality program on or before two years after the date this Act becomes law. Section 6. Compensatory Education. (a) The State Board of Education shall promulgate rules, regulations and standards and establish the terms and conditions necessary to implement programs of compensatory education. Compensatory education shall include, but shall not be limited to, programs of remedial reading, mathematics, and such other programs as are needed. (b) The State Board of Education shall annually determine the number of students needing compensatory education and the estimated State cost of such program for the next fiscal year, and submit such information to the Office of Planning and Budget not later than September 1. Section 7. Preschool Education. (a) A preschool program which will be at least on a one-half day basis for a 180-day school year shall be made available to:

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(1) all children who have attained age 5 and have not attained age 6 by September 1 of a fiscal year; (2) three and four year old children who are either physically, mentally or emotionally handicapped or perceptually or linguistically deficient. (b) It is hereby declared to be the policy of the State of Georgia that the principal responsibility for developmental skills of young children lies with the parents and that the purpose of this program is to supplement the resources which parents have available to meet the distinctive mental, physical and emotional needs of their children. In acknowledgment of this policy, enrollment of children into the preschool program will be on a voluntary basis, except in those school districts which by law now require attendance in a public preschool program. Section 8. Adult Education. (a) The State Board of Education shall promulgate rules, regulations and standards, and establish the terms and conditions necessary to implement adult general education programs and adult vocational education programs with such agencies as follows: follows: (1) local school systems; (2) area vocational-technical schools; (3) Cooperative Educational Service Agencies; (4) public colleges and universities; and (5) State institutions under the authority of the Georgia Board of Human Resources and the Georgia Board of Offender Rehabilitation. (b) All programs in each such agency shall be approved by the State Board of Education. Section 9. Establishment of Other Special Programs of Education; Allotment of Teachers and Other Personnel;

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Sharing of Costs. (a) The State Board of Education shall have authority to provide for implementation of other educational programs not ordinarily coming within the prescribed curricula of the public schools, which may or may not require use by local units of additional specially qualified personnel and special equipment necessitating allotment of additional personnel and funds. The State Board is authorized to establish priorities, standards and criteria for implementation and operation of such programs as the Board may, in its discretion, find necessary or desirable to implement on a Statewide basis. Local units may, prior to implementation of such programs by the State Board, implement such programs locally in accordance with criteria and standards prescribed by the State Board. The State Board shall, upon implementation of such programs, establish a uniform basis for allotment of additional personnel and funds if such additional allotments are necessary for operation of such programs. (b) Funds for State schools for the deaf and blind. The State Board of Education shall annually determine the amount of funds needed for operation of the State schools for the deaf and blind and such other special schools for exceptional persons as may be established by the State Board of Education. Such funds shall be made available for the operation of these schools under rules and regulations prescribed by the State Board of Education. (c) Funds for public schools operated within correctional institutions. The State Board of Education shall annually allot additional funds to local units of administration wherein the State Board of Offender Rehabilitation maintains an institution primarily for the detention of persons within school age, and operates within such institution an elementary, secondary or vocational school for the education of such school age children, which shall be sufficient to enable the local unit to furnish certified teachers and other professional personnel to such school and institution in accordance with the State minimum salary schedule: Provided, however, that the course of instruction offered in such school shall meet minimum academic requirements and standards prescribed for operation of the public schools

Page 1052

of the local unit. The State Board is authorized, in its discretion, to make an allotment of additional funds to the local unit for employment of such teachers and other professional personnel for an additional two months during the fiscal school year where the school in such institution is operated on a 12-month basis. (d) Student honors program. The State Board of Education is hereby authorized to inaugurate a student honors program for pupils in the public and private high schools of this State who have manifested exceptional abilities, unique potentials, or who have made exceptional academic achievements. Such program may be conducted during summer months between normal school year terms at institutions of higher learning or other appropriate centers within this State with facilities adequate to provide challenging opportunities for advanced study and accomplishments by such students. The student honors program shall be implemented and operated in accordance with criteria to be established by the State Board, and operating and pupil costs and expenses may be paid by the State Department of Education from funds made available for this purpose by the State Board. The State Board is authorized to enter into cooperative agreements with the Board of Regents for operating and sharing the costs of such programs. (e) Educational research. The State Board of Education is hereby authorized to engage in or to otherwise make provision for educational research into all methods of instruction and education of children and youth, to sponsor conferences, study groups and workshops, and to conduct research or education demonstrations, experimentation, field tests and such other projects as may, in the opinion of the Board, tend to support, improve or strengthen the public school system of this State, the quality of education provided Georgia's children and youth in the public schools of this State and the qualifications and technical skills of professional personnel employed in the public schools of this State, and is hereby authorized to employ or contract for the services of specialists and others as may be necessary or desirable for such purposes and to cooperate with

Page 1053

public school systems and public and private educational institutions and agencies within or without the State for such purposes. The State Board may provide for the allotment of education funds for the purposes provided for in this section. Section 10. Allotment of Instruction Units; Amount of Funds for Payment of Salaries of Instructional Personnel. (a) The State Board of Education shall annually allot instructional units to local units of administration on the following basis and adjusted as provided for in sections 37 and 42: (1) General Education: one instructional unit per 25 pupils in average daily attendance in grades 1-12. Provided, however, in those systems that do not provide an education program approved by the State Board of Education containing both general and vocational education, the instructional unit ratio shall be one instructional unit per 27 pupils in average daily attendance in grades 6-12. (2) Special Education: one instructional unit per 12 pupils in average daily attendance in self-contained special education classes in grades 1-12; provided, however, these students meet the requirements as defined in section 5, Special Education. (3) Vocational Education: one instructional unit for each three State approved vocational education teachers in grades 7-12. (b) During a fiscal year the amount of funds distributed to any local unit for this purpose shall not be in excess of the amount actually required by the local unit for payment of salaries of instructional personnel actually employed by the local unit of administration. The amount of funds needed by a local unit to pay salaries of instructional personnel shall be determined in one of the following manners for each instructional unit allotted, either: (1) the State minimum salary on a 10-months basis as

Page 1054

provided for in Section 56 of this Act if a certified teacher is employed for the instructional unit; or (2) the average salary for certificated professional personnel with a bachelor's degree funded under this section if licensed instructional personnel are employed for the instructional unit. (c) A local unit of administration may use up to one-third of the funds earned from its allotted instructional units to employ instructional personnel; provided, however, that the State Board of Education has approved the program improvement plan which describes how these funds will be utilized. (d) The State Board of Education shall allot to each local unit of administration a full allotment unit for each major fraction above an allotment unit, pertaining to sections 10, 12, 20, 21, and 24. Section 11. Salary Supplements for Supplementary Services Provided by Instructional Personnel. (a) The State Board of Education may allot funds to local units of administration to supplement the salaries of instructional personnel who supervise beyond the normal school day, not less than ten students engaged in community work experience. The local unit of administration shall determine the specific extended day assignments and the salary supplements paid therefor; provided, however, that the State Board may not reimburse the local unit for more than one-third of the monthly State salary schedule. (b) The State Board also may allot funds to local units of administration to employ instructional personnel to provide similar services beyond the regular school year; provided, however, that reimbursement to the local unit may not exceed one-fifth of the State salary schedule for the individual so employed. (c) The State Board also may reimburse local units of administration for salary supplements for participation in staff development activities beyond the regular school

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day and/or the regular school year; provided, however, that such activities are a part of a staff development program approved by the State Board. (d) The State Board shall provide reimbursement for salary supplements for services beyond the normal school day and the normal school year only when such services are identified in a program plan submitted by the local unit of administration and approved by the State Board. Section 12. Allotment of Elementary Instructional Specialists: Amount of Funds Needed for Payment of Salaries of Such Personnel. Annually, the State Board of Education shall allot elementary instructional specialists to local units of administration on the basis of one elementary instructional specialist per 15 instructional units in grades 1-7. The purpose of these elementary instructional specialists shall be to meet the special instructional needs of students in the local units of administration, including special needs in art, music, and physical education; provided, however, that during the fiscal year the amount of funds distributed to any local unit for this purpose shall not be in excess of the amount actually required by the local unit for payment of salaries of instructional specialists actually employed by the local unit. The amount of funds needed by a local unit to pay salaries of elementary instructional specialists shall be determined on a 10-month basis in accordance with the State minimum salary schedule provided for in section 56. Section 13. Instructional Materials and Media. The amount of funds needed by a local unit of administration during a fiscal year for the maintenance, repair, and purchase of instructional media and materials, including soft-covered as well as hard-covered text and library books and consumable as well as nonconsumable supplies and materials, shall be determined by multiplying the number of instructional units allotted to the local unit under section 10 of this Act by a sum of money which shall not be less than $500. The State Board of Education shall have the authority to prescribe minimum requirements and standards for the purchase, distribution, and use of such instructional media

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and materials, and for the use of funds allotted under this section. Section 14. Instructional Equipment. The State Board of Education shall grant funds to local units of administration for the purchase, maintenance, repair and replacement of equipment for instructional laboratories. The State Board of Education shall have the authority to prescribe minimum requirements and standards for the purchase, distribution, and use of such instructional equipment, and for the use of funds allotted under this section. Section 15. Amount of Funds Needed for Payment of Maintenance and Operation. The amount of funds needed by a local unit of administration during a fiscal year for maintenance and operation expenses for instructional programs not otherwise provided for in section 10 through 17 shall be determined by multiplying the number of instructional units allotted to the local unit of administration under provisions of section 10 by a sum of money not less than $1,500. The State Board of Education shall define the term maintenance and operation expenses and shall have the authority to prescribe minimum requirements and standards for the distribution, use, and expenditure of funds allotted under this section. Section 16. Amount of Funds Needed for Payment of Sick and Personal Leave Expenses. The amount of funds needed by a local unit of administration during a fiscal year for sick and personal leave expenses shall be determined by multiplying the number of instructional units allotted to the local unit of administration under provisions of section 10, 12, 20, and 21, by a sum of money not less than $125. The State Board of Education shall have the authority to prescribe minimum requirements and standards for the distribution, use and expenditure of funds allotted under this section. Section 17. Amount of Funds Needed for Travel Expenses. The amount of funds needed by a local unit of administration during a fiscal year for payment of travel expenses to be incurred by visiting teachers, instructional

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supervisors, itinerant special education personnel, personnel supervising high school students engaged in a work experience, and other local school personnel required to travel in connection with their assigned duties shall be determined by the State Board of Education in accordance with regulations prescribed by the State Board authorizing such travel and prescribing uniform rates, standards, requirements and allowances for such purposes. Section 18. Amount of Funds Needed for Compensatory Education Expenditures. The State Board of Education shall have the authority to establish minimum requirements and standards for distribution, use, and expenditure of funds allotted to local units of administration to implement section 6 of this Act. Section 19. Amount of Funds Needed for Driver Education Expenses. (a) The State Board of Education shall reimburse local units of administration for the direct cost of providing driver education programs to public school students who hold a valid driver's or learner's license; provided, however, that the reimbursement does not exceed $50.00 per student who successfully completes the program. (b) The State Board of Education shall have the authority to establish minimum requirements and standards for distribution, use, and expenditure of funds allotted under this section to local units of administration. PART III. SUPPORTIVE SERVICES. Section 20. Student Services Support Personnel. (a) The State Board of Education shall annually allot student services support personnel to local units of administration on the basis of one per 400 pupils in average daily attendance in the local unit of administration, adjusted as provided for in sections 37 and 42. Student services support personnel shall include, for the purposes of allotment under this section: elementary and secondary counselors; school psychologists; psychometrists; and visiting teachers. (b) Further, the State Board of Education shall allot

Page 1058

student services support personnel to local units of administration in the position category of job placement director on the basis of one per 5,000 pupils in average daily attendance in the local unit of administration during the first four months of the preceding school year, adjusted as provided for in sections 37 and 42. The duties of the job placement director shall include, but not be limited to, assisting classroom teachers and other student services support personnel in the advisement of student services relative to career exploration experiences, work experiences and employment opportunities; the coordination of employment placement opportunities and activities with Employment Security Office of the State Labor Department; and to make follow-up reports and studies of the employment experiences and work history of high school graduates. (c) The State Board of Education shall further allot student services support personnel to local units of administration in the position category of adult education guidance personnel on the basis of one per 400 adult educational and adult vocational education students in average daily attendance in the local unit during the first four months of the preceding school year, adjusted as provided for in sections 37 and 42. The duties of adult educational guidance personnel shall include, but not be limited to, the assessment and determination of the educational achievement levels and needs of adult education and adult vocational education students; identify the availability of and help obtain the services of other State and local agencies for said students; develop career plans and objectives for said students; and assist in identifying, obtaining and retaining employment opportunities. (d) The State Board of Education shall establish policies, procedures and regulations which will allow those local units of administration, which do not have sufficient enrollments to receive a full position allocation for job placement director and adult education guidance personnel as described and authorized in paragraphs (b) and (c) of this section, to combine such partial allocations with other local units of administration for the purpose of obtaining

Page 1059

the services of the personnel herein described or to transfer such partial allocation to a Cooperative Education Service Agency for the purpose of obtaining the services described herein. Section 21. Administrative and Supervisory Services. (a) The State Board of Education shall annually allot administrative and supervisory personnel to local units of administration, except as provided for in this section, on the basis of one per 190 pupils in average daily attendance in the local unit of administration adjusted as provided for in sections 37 and 42. Administrative and supervisory personnel positions provided by this allotment shall include, but not be limited to, principals, assistant principals, librarians, curriculum specialists, directors of curriculum and community school coordinators. (b) The State Board of Education shall further allot professional central administrative personnel to all local units of administration on the basis of one per 3,300 pupils in average daily attendance in the local unit of administration, adjusted as provided for in sections 37 and 42. The administrative positions provided by this allotment shall include, but not be limited to, plant operations and maintenance, transportation, food service, instructional supervision, finance and business services, planning and evaluation and direction of community school programs. For those local units of administration which do not earn sufficient central administration personnel, the State Board of Education is authorized to prescribe uniform requirements and procedures to allow a local unit of administration to utilize all or any part of its central administration personnel allotments in conjunction with one or more local units of administration or with a Cooperative Education Service Agency; provided, however, personnel allotments earned under the provisions of this section may not be assigned for use as classroom teachers, or other personnel designated in subsection (a) of this section. (c) The State Board of Education shall be authorized to fund professional personnel positions to local units of administration as follows:

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(1) preschool leadership positions on the basis of one to each 50 instructional units; and (2) special education leadership positions on the basis of one to each 40 instructional units. (d) During the next school year the amount of funds distributed to any local unit for the purpose of funding the positions authorized in subsections (a), (b) and (c) hereof shall not be in excess of the amount actually required by the local unit for payment of salaries of certificated professional personnel actually employed by the local units of administration. The amount of funds needed by a local unit to pay the salaries of certificated professional personnel shall be determined on a 10-month basis in accordance with the State minimum salary schedule provided for in section 56. The State Board of Education is authorized to prescribe uniform requirements and minimum standards respecting utilization of State-alloted professional personnel. Section 22. Food Services. (a) The State Board of Education shall annually determine the amount of funds needed to provide a Statewide school lunch program. The State Board shall, by regulation, provide for certifying and classifying school lunch supervisors and managers and establish training programs for such personnel. The State Board of Education is hereby authorized to provide for the payment of operating costs of school lunchrooms, including breakfast costs for those students eligible under federal guidelines, State supplements to the salaries paid such personnel by local units of administration and State incentive pay for satisfactory completion of such training programs. (b) The State Board of Education is authorized to prescribe by appropriate rules and regulations that there may be included as part of the program of every public school in this State a course of instruction in nutrition, hygiene, etiquette and the social graces relating to the partaking of meals and is further authorized to allot funds, in a manner consistent with the funding for the other various components of the instructional program, for the reimbursement

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of costs of local units of administration for costs directly associated with this program. There shall be utilized in the course of instruction the full resources available to each individual school, including its cafeterias, school lunch personnel and all practical demonstrations in the preparation and consumption of food which shall be necessary to formulate a comprehensive course of instruction in such subject matter. Any period of the school day may be utilized for the teaching of this course of instruction, including that period usually reserved for the lunch period. Section 23. School Health Services. The State Board of Education shall devise, develop and implement uniform policies, regulations and procedures to ensure that the provision of school health services will be an integral part of the total instructional process in each local unit of administration. Section 24. Clerical Services. The State Board of Education shall provide funds to local units of administration for the purpose of employing clerical personnel for the purpose of relieving the classroom teacher and other professional personnel of routine clerical activities so that they may more properly, effectively and efficiently use their time in the instructional program or other program and activities supportive to the instructional program. The State Board of Education shall have the authority to establish minimum requirements and distribution, use and expenditure of funds allotted under this section. Section 25. Transportation. (a) The amount of funds needed by a county, area school, independent school system to pay expenses of pupil transportation shall be calculated by the State Board of Education in accordance with a schedule of standard transportation costs to be incurred by local units of administration in the operation of economical and efficient pupil transportation programs and a schedule of variable transportation costs or variable cost factors dependent upon circumstances prevailing in the several local units of administration which affect, in varying ways, the costs of pupil transportation authorized by

Page 1062

this section; provided, however, that the amount of funds to be actually distributed to any local unit of administration under provisions of this section during any school year shall not exceed the actual costs incurred by the local unit in transporting pupils to and from public schools, to and from places for the purpose of work experiences, training in instructional laboratories, and in other such field trips required of or integral to the various instructional components of the educational program, and costs of transporting to preschool programs all handicapped and impaired students either by minibus or other such transportation used by nonhandicapped and nonimpaired children. In establishing the schedule of standard and variable pupil transportation costs or cost factors for the purpose of allotting funds under this section, the State Board is, without limiting the generality of the foregoing, authorized to consider facts and circumstances such as the number and density of pupils transported in the local unit and the areas therein served by school busses, the suitability of school bus routes in the local unit, the suitability of the type and number of busses used by the local unit, the number of miles traveled by school busses in the local unit, minimum bus loads, transportation surveys, cost of transportation equipment and depreciation schedules therefor, the schedule of minimum salaries for school bus drivers established in accordance with subsection (b) of this section, the number of school bus drivers allotted to the local unit, maintenance, repair and operating costs of transportation equipment, climate and terrain, condition of roads used for the purpose of transporting pupils in the local unit, cost of liability insurance, cost of safety instruction and training for both bus drivers and students and such other facts and circumstances as the State Board may find to be relevant for the purpose of establishing such schedules and cost factors. The State Board shall have authority to establish minimum requirements and standards respecting use of funds allotted under this section. (b) The State Board shall establish a schedule of uniform minimum salaries that shall be paid by local units to drivers of school buses, regardless of type of ownership, which shall be not less than $200 per month for 12 months.

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The minimum salary schedule shall not apply to drivers of cars and other vehicles not designated as school buses. County, area school, or independent systems shall not pay to any bus driver in its employment a salary less than that prescribed by the uniform minimum salary schedule, but shall have the authority to supplement the salary of a bus driver employed by the county, area school, or independent system. The expense of purchasing, maintaining and operating such busses, regardless of type of ownership, shall not be considered in establishing the schedule of uniform minimum salaries for school bus drivers. The schedule of uniform minimum salaries shall be used as a standard cost item for the purpose of calculating the expense of pupil transportation under subsection (a) of this section. This section shall not apply to student or teacher drivers. (c) If, and to the extent that, the State Board of Education obtains a State-bid price under provisions of section 70 on any standard item of equipment, supply or service used or obtained by local units in connection with or as a result of providing transportation services to pupils attending the public schools of such local units, or on any other standard expense incurred by local units, the standard transportation cost or allowance to be attributed to such item or expense under provisions of subsection (a) of this section shall be based upon an amount not in excess of the State-bid price on such item or expense. (d) Pupils who live beyond one and one-half miles from the school to which they are assigned, according to the nearest practical route by school bus, shall be eligible to be counted as transported pupils for the purpose of calculating that portion of the expense of pupil transportation associated with transporting pupils from home to school and from school to home as authorized under subsection (a) of this section, provided such pupils are actually transported to such school by school bus or other vehicle made available for this purpose by the local unit of administration. Any pupil who resides within the said mileage limitation shall not be eligible to be counted for school transportation State-aid purposes.

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(e) The State Board of Education is authorized to establish minimum specifications for vehicles used by local units for the purpose of transporting pupils to the public schools of the local unit, taking into account the facts and circumstances set forth in subsection (a) above, and is authorized to establish minimum standards and requirements respecting maintenance, repair, inspection and use of such vehicles and minimum qualifications for drivers of such vehicles, and all vehicles used and drivers employed for such purposes by local units, regardless of type of ownership of such vehicles, shall conform to such specifications, standards, requirements and qualifications; provided, however, that the State Board of Education shall require, monitor and fund a program of safety instruction in the practices of safe riding and emergency bus evacuation drills for both school bus drivers and students riding school busses. (f) The State Board of Education shall have the authority to allot funds for the transportation of all school age children residing on Sapelo Island to the mainland of the State for the purpose of attending school on the mainland. (g) The State Board of Education shall adopt policies, procedures, regulations and other such requirements for the transportation and for the payment of all transportation costs, as described, defined and authorized in subsections (a), (b), (c), (d) and (e) of this section, for all the children with special needs identified by the various local units of administration; further, the State Board of Education shall allot funds to local units of administration for transportation costs for those children authorized by said local unit of administration to attend schools and programs of other local units of administration or when deemed necessary for adequate educational services. (h) The State Board of Education is further directed and authorized to adopt policies and regulations relative to the use of minibusses for the transportation of students with special needs. Section 26. Public Libraries. (a) The State Board of Education

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shall annually determine the amount of funds needed to provide county and regional public libraries of the State with library books and materials by multiplying the total population of the State by a sum to be determined by the State Board which shall be not less than 35 cents per person. Public library funds shall be apportioned to county and regional public libraries in proportion to the area and population to be served by such libraries in accordance with regulations and minimum public library requirements prescribed by the State Board. Public library funds apportioned to a county or regional public library, together with the amount of funds needed by a county or regional public library for the purpose of paying the salaries of librarians allotted such library in accordance with regulations established by the State Board and the State minimum salary schedule for teachers and other certificated professional personnel, shall be distributed directly to the regional or county library boards. (b) The State Board of Education shall further make adequate provisions to obtain, operate and maintain special media equipment, supplies and services to meet the library needs of Georgia's blind and handicapped citizens. Section 27. Educational Television. (a) The State Board of Education shall annually determine the cost of operating and maintaining the Statewide network of public school educational television stations, the Statewide cost of programming and the Statewide cost of production and purchase of video tapes and other materials used in the Statewide public school educational television program. Such Statewide costs, as determined by the Board, shall be paid entirely from State funds and shall not be considered in determining local units of administrations' share of the cost of supporting the Adequate Program of Education in Georgia. (b) The State Board of Education shall further authorize, establish and implement an Educational Television Advisory Council for the purpose of developing and recommending a comprehensive plan to the State Board of Education. Such plan shall include, but not be limited to, reviewing

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the utilization of educational television for both instructional and public broadcasting purposes, the expansion of service and the purchase and/or construction of facilities or equipment. PART IV. COOPERATIVE EDUCATION SERVICE AGENCIES. Section 28. Purpose and Objectives. The purpose of this Part is to establish cooperative educational service agencies for the purpose of sharing services which are designed to improve the effectiveness of the educational programs of member local school systems. Section 29. Definitions. The following words and terms, when used in this Part shall have the following meanings unless the context clearly requires a different meaning. (a) A cooperative education service area, hereinafter referred to as service area, means a geographical area which shall contain more than a single county and which can be effectively and efficiently served by a single agency designed to share services across local school system lines. (b) A cooperative educational service agency, hereinafter referred to as CESA, means the agency designed to provide and administer services and programs that cross local school system lines within the service area. (c) Cooperative educational service agency staff, hereinafter referred to as staff, means the persons employed by a single CESA. (d) Local school system means any county or independent school system of Georgia. Section 30. Cooperative Education Service Areas. The State Board of Education shall establish service areas designed to provide the service needs of all of the State's existing local school systems. The initial establishment of cooperative educational service areas shall be substantially within the framework of the standard districts for the

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administration and planning of State and Federal programs, as approved on August 6, 1971, by the State Planning and Community Affairs Policy Board. Section 31. Establishment of Cooperative Educational Service Agencies. The State Board of Education shall adopt rules, regulations, procedures, standards and criteria for the establishment and operation of CESA's and shall establish a CESA to serve the local school systems within each service area in accordance with these rules, regulations, procedures, standards and criteria. Section 32. Board of Control. (a) Each CESA shall be governed by a board of control. Each such board of control shall be composed of a local school system board member or the system superintendent as designated by each participating member local school system board of education. The board of control shall elect from its membership a chairman, vice-chairman and any other officers needed to function effectively. The CESA director, provided for by section 33, shall serve as secretary and executive officer to the board of control, but he shall not be a voting member thereof. (b) All laws and the policies and regulations of the State Board of Education applicable to local school systems and local school system boards of education shall be applicable to CESA's and their Boards of Control, unless explicitly stated otherwise in this Part. No board of control shall hold title to real property or levy or collect any taxes. No board of control shall expend or contract to expend any funds beyond the amount of funds that the board of control is legally authorized to receive and will, in fact, receive. Each board of control shall submit an annual report and an annual budget to the State Board of Education, in the manner prescribed by the State Board of Education, for review and approval. (c) The State Board of Education shall be responsible for determining that the activities of each CESA and its board of control conform to both Constitutional and State laws, as well as the policies and regulations of the State Board

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of Education. The State Superintendent of Schools will prepare an annual report to the General Assembly, giving an assessment of the status and achievements of the shared service programs in the State. (d) Boards of control shall determine needs of school children in the area served by each CESA, established priorities from those needs, and allocate resources accordingly. Boards of control shall annually review the progress and cost efficiency of CESA's in terms of their success and efficiency in meeting priorities. Efficiency shall be assessed by relating outputs to dollar inputs. Boards of control shall determine the procedures and activities of each CESA as related to the achievement of locally established objectives. Boards of control shall likewise establish job descriptions, personnel qualifications, salary scales and work schedules in terms of locally established priorities. (e) The State Board of Education shall be responsible for developing procedures which shall maintain existing shared service to local school systems which are being transferred from an existing shared service project into a newly formed CESA. The boards of directors of shared service projects existing on June 30, 1972, shall be responsible for the assignment of and/or transfer of programs, personnel, equipment, materials and property assigned to existing shared service projects, and the State Board of Education shall hear any unresolved claims of local school systems which arise. The decision of the State Board of Education shall be final. Section 33. Director. Each board of control shall appoint and contract with a director who shall be the administrative and professional head of the CESA. The director shall be responsible for the administration of programs and services approved by the board of control and shall be the fiscal agent of said board. Section 34. Member School System. All local school systems located within a service area may become a member of the CESA serving that area, but a local school system shall not be considered a member of the CESA unless it is

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participating in one or more of the CESA's service programs or the local school system board of education has expressed its intent that the local school system plans to participate in one or more programs in the near future. Section 35. CESA Staff. The CESA staff shall consist of those individuals authorized by the Board of Control to provide those services desired by the member systems. Section 36. Financing CESA's. The State Board shall grant $90,000 to each CESA for basic operating expenses. In addition to these basic grants, the State Board shall allocate annually not less than $2 million in the aggregate to the individual CESA's on the basis of need. Policies, regulations and procedures for determining said need shall be established by the State Board of Education. All other financing will be based on contracts to supply service programs to member local school systems. The funds for these service programs, upon a contract approval basis, may be derived from local, State, Federal or private sources. A CESA may not receive directly from the State Board of Education any State funds originally intended or directed by this Act to local units of administration; provided, however, that upon the official request of a local unit of administration, the State Board of Education may send directly to a CESA any funds allocated to the local unit of administration. PART V. GRANTS TO LOCAL UNITS FOR OPERATION OF EDUCATIONAL PROGRAMS. Section 37. Allotment of Teachers and Certified Professional Personnel; Amount of Funds Needed for Payment of Salaries. (a) The State Board of Education shall annually allot teachers to local units of administration as provided in section 10. Such allotment shall be based on projected average daily attendance for the first four months of the school year made under rules adopted by the State Board of Education designed to project the average daily attendance for individual school systems, adjusted as provided for in section 42 of this Act. Provided, however, that during

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the next school year the amount of funds distributed to any local unit for this purpose shall not be in excess of the amount actually required by the local unit for payment of salaries of teachers actually employed by the local unit of administration. The amount of funds needed by a local unit to pay salaries of teachers shall be determined on a ten-months' basis in accordance with the State minimum salary schedule provided for in section 56 of this Act. The State Board of Education is authorized to prescribe uniform requirements and minimum standards respecting utilization of State-allotted teachers in public elementary and secondary schools of local units of administration. Provided, however, in the event that the General Assembly shall appropriate additional funds which are line-itemed for reducing the pupil-teacher ratio in any grade or grades, the allotment figures contained in this section shall be construed to be reduced to the figures contained in such line-item appropriation. (b) The State Board of Education shall annually allot other certificated professional personnel to local units of administration as provided in section 21. Such allotment shall be based on the first three months of the preceding school year, adjusted as provided for in section 42 of this Act; provided, however, that during the next school year the amount of funds distributed to any local unit for this purpose shall not be in excess of the amount actually required by the local unit for payment of salaries of certificated professional personnel actually employed by the local units of administration. The amount of funds needed by a local unit to pay the salaries of certificated professional personnel shall be determined on a ten-months' basis in accordance with the State minimum salary schedule provided for in section 56 of this Act. The State Board of Education is authorized to prescribe uniform requirements and minimum standards respecting utilization of State-allotted professional personnel. Section 38. Calculated Cost of Instructional Services Under the Adequate Program for Local Units. (a) The total amount of funds needed by a local unit of administration in order to provide the instructional services assured under

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the Adequate Program of Education in Georgia, as contemplated by provisions of this Act, shall be deemed to be the sum arrived at by adding the amount of funds, calculated in the manner provided for in this Act, needed by the local unit of administration for the following purposes: (1) payment of salaries of instructional personnel as provided for in sections 10, 11 and 12; (2) purchase of instructional materials and media as provided for in section 13; (3) purchase of instructional equipment as provided for in section 14; (4) payment of maintenance and operation expenses as provided for in section 15; (5) payment of sick and personal leave expenses as provided for in section 16; (6) payment of travel expenses as provided for in section 17; (7) payment of compensatory education expenses as provided for in section 18; (8) payment of driver education expenses as provided for in section 19; (9) payment of salaries of student services supportive personnel as provided for in section 20; (10) payment of salaries of administrative and supervisory personnel as provided for in section 21; (11) payment of salaries of clerical personnel as provided for in section 24; and (12) payment of expenses of pupil transportation as provided in section 25.

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(b) The sum arrived at in the manner provided above shall be known as the calculated cost of instructional services under the Adequate Program of Education in Georgia for a local unit of administration. The amount of State funds which shall be allocated to each local unit of administration in support of such program by the State Board of Education shall be the sum determined above as the calculated cost of providing an Adequate Program of Education in Georgia in the local unit in support of said program, less an amount which shall be determined in accordance with the financial ability of the local unit calculated in the manner as provided for in section 39. Section 39. Calculation According to Local Financial Ability of Amount Required for Local Support of the Adequate Program for Education in Georgia. (a) The State Board of Education shall calculate annually the amount of funds that each local unit of administration shall be required to raise to support its Adequate Program for Education in Georgia. Effective for the 1975-76 school year, beginning July 1, 1975, and for each year thereafter, the amount of such funds to be raised by each local unit of administration shall be calculated by multiplying the following by a percentage factor selected to produce a Statewide required local effort of at least $78,500,000 but no more than $78,600,000: (1) For a county school system, the percentage factor shall be applied to the total equalized adjusted school property tax digest of the county. (2) For a county with independent school systems located within the county or counties, the percentage factor shall be applied to the total equalized adjusted school property tax digest of the county or counties. For the 1975-76 school year, beginning July 1, 1975, this amount shall be prorated between the systems by adding 11 1/9 percent to the county equalized adjusted school property tax digest of all property located within the territory of the independent school systems. Thereafter, this amount shall be prorated between the systems by using the actual equalized adjusted school property tax digest of each system within the county.

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(3) For an area school system, the percentage factor shall be applied to the total equalized adjusted school property tax digest of property located within such area school system. (b) The amounts determined in accordance with the provisions of subsection (a) of this section shall be the amounts to be raised by each local unit of administration in support of the Adequate Program for Education in Georgia. The amount of the costs of the Adequate Program for Education in Georgia remaining after deducting the total amount to be raised by all local units of administration shall be paid entirely from State or Federal funds. (c) The State Auditor shall furnish to the State Board of Education the sums of the current equalized adjusted school property tax digests in accordance with an Act approved March 20, 1970 (Ga. L. 1970, p. 542), relative to equalized adjusted school property tax digests. The sums of the current equalized adjusted school property tax digests, as shown on the State Auditor's Ratio Study Reports, which are due on November 15 immediately preceding the beginning of a school year shall be used to make the calculations required by subsection (a) of this section for each school year. Section 40. Apportionment and Distribution of Federal Funds. All federal funds received by the State Board of Education for purposes contained within this Act shall be apportioned and distributed by the State Board in a manner consistent with this Act as additional aid to local school units in defraying the cost involved in establishing and operating approved programs subject to such rules and regulations as may be prescribed by the State Board of Education and in accordance with the approved State plan for such programs, where applicable. Section 41. Additional Allotment of State Funds. In addition to the foregoing provisions of this Act, the State Board of Education shall or may, as the case may be, allot additional funds to local units of administration for purposes provided for in subsequent sections of this Act to the extent

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that funds may be appropriated by the General Assembly for such purposes. When additional funds are allotted to local units for purposes hereafter provided for, local units of administration shall provide local funds to match the State allotment of funds to the extent and in the manner provided in the subsequent sections of this Act. Section 42. Mid-term Adjustment of Allotments of Personnel and State Funds. The State Board shall require submission of official reports of attendance of pupils by local units of administration during the current school year. Whenever the official attendance reports of any local unit shall show an increase in average daily attendance of pupils during the current school year, the State Board of Education shall, at least semiannually during such school year, increase the State contributed minimum foundation program funds allotted to such local unit at the beginning of the current school year under sections 10, 12, 13, 15, 16, 20, 21 and 24 of this Act, in proportion to the current increase in average daily attendance of pupils in the local unit and in accordance with the provisions of this Act. The State Board shall, at the beginning of each fiscal school year, set aside from the total appropriation for educational purposes an amount of money deemed sufficient to meet the needs of such mid-term adjustments. Section 43. Funds Needed to Provide Electronic Data Processing Services to Local School Systems. The State Board of Education through the Department of Administrative Services shall have authority to develop, in conjunction with local school systems, electronic data processing services in one or more geographical areas as designated by the State Board of Education. Funds appropriated for these services may be expended to implement this section. Section 44. Operation of Summer School Education Programs by Local Units; State Aid. The board of education of any local unit of administration may, in its discretion provide for continued operation of one or more public schools of the local unit for a period of time beyond the normal school year provided for in this Act for the purpose

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of providing summer school education programs, to include remedial programs, continuation of prescribed school programs, enrichment school programs beyond prescribed school programs, accelerated school programs for gifted pupils, vocational school programs, special programs of education enumerated or coming within the scope of provisions of section 32-620, and such other education programs as may be approved by the State Board: Provided, however, that all such programs shall meet and be offered in accordance with minimum standards, requirements and criteria as may be prescribed by the State Board. Teachers and other professional school personnel employed full time or part time during such period shall be paid additional salary based on the State minimum monthly salary schedule, in proportion to the time and services rendered by such personnel. No additional State funds shall be allotted to local units in support of such programs unless specific provision is made therefor by the State Board. The State Board of Education is hereby authorized, to the extent that funds may be available, to allot additional State funds to local units in support of all or any one or more of such summer school education programs. The extent to which additional State funds may be allotted local units in support of any one or more of such programs shall be determined by the State Board, but shall not in any event exceed the ratio of State funds to local funds 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 during that school year. The State Board is authorized to determine the relative need for establishment of any one or more of the various summer school education programs enumerated above, to establish priorities for implementation of such programs, and to allot funds available for this purpose to local units of administration in support of those programs which the State Board may, in its discretion, deem to be most worthy of State financial support. Section 45. Year-round Operation of Schools. (a) It is declared to be a policy of the State of Georgia that every effort is to be made to utilize currently available educational facilities and equipment on a year-round basis.

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(b) The State Board of Education shall certify that a local unit of administration has a year-round operation for one or more grade levels (or equivalent age levels) for any educational program as provided for in sections 4-9, 18 and 19, which meet the following criteria: (1) that the operation of the program is for 240 official attendance days or more within a fiscal year; (2) that for a student's first 180 days attendance be on a tuition free basis; and (3) that the program is offered for all official attendance days in accordance with minimum standards, requirements and criteria as may be prescribed by the State Board. (c) The allotment of instructional units and certified professional supportive personnel to a local unit of administration as provided for in sections 10, 12, 20 and 21 for any portion of a program of a local unit which is certified by the State Board as being operated on a year-round basis under this section shall be funded in accordance with the following procedure: Add to the adjusted average daily attendance computed under section 37 a number equal to the number of students enrolled for not less than 90 official attendance days during the fiscal year who do not attend during the period used in making the computation provided for in section 37. (d) The State Board of Education shall have the authority to prescribe minimum requirements and standards for the distribution, use and expenditure of funds allotted under this section; provided, however, that upon implementation of this section 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 in support of the calculated cost of providing an adequate program of education in the

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local unit for students enrolled and attending 180 official attendance days during a fiscal year. Section 46. Reduction in Allotment of State Funds Due to Inadequate Appropriation. The State Board of Education shall, to the extent necessary, reduce the amount of State funds to be allocated to local units in support of the Adequate Program of Education in Georgia or in support of any of the purposes for which State funds might be allotted to local units under provisions of this Act, if the amount of State funds appropriated in support of said program or in support of any one or more of the purposes for which allotments of funds are hereby provided for is not adequate to finance the cost of the State portion of said program or such purposes determined in accordance with the provisions of this Act. PART VI. DISTRICT POWER EQUALIZATION. Section 47. Equalizing Fund for Local Units of Administration. (a) The State Board of Education is hereby authorized and directed to establish an equalizing fund whereby State funds, in addition to the amounts otherwise provided for by his Act, shall be payable to certain local units of administration qualifying for such equalizing funds, as hereinafter provided. (b) For the purposes of this section: (1) the guaranteed valuation school district shall be the school district ranking at the 90th percentile in dollars of assessed valuation per student in average daily attendance based on 40 percent of the equalized adjusted school property tax digests of the local units of administration, and (2) each local unit of administration having an assessed valuation per student in average daily attendance, based on 40 percent of such local unit's equalized adjusted school property tax digest, ranking below said 90th percentile shall constitute a qualified local unit of administration for the purpose of receiving equalizing funds. (c) Each qualified local unit of administration shall select annually its amount of expenditure per student in

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average daily attendance, in addition to its required local support pursuant to section 39 of this Act, if any, and 60 days prior to the beginning of each fiscal school year shall report said amount to the State Board of Education. For the purposes of receiving equalizing funds, as hereinafter provided, the selected per student in average daily attendance expenditure amount for any qualified local unit of administration shall not exceed $100.00 or 125 percent of the amount for the immediately preceding fiscal school year, whichever is greater. (d) The amount of equalizing funds payable to each qualified local unit of administration shall be calculated by the State Board of Education as follows: (1) determine the effective tax millage rate necessary to raise the local unit of administration's selected amount of expenditure per student in average daily attendance on the basis of the guaranteed valuation school district; (2) apply the effective tax millage rate determined under paragraph (1) to the local unit of administration's assessed valuation per student in average daily attendance based on 40 percent of the local unit of administration's equalized adjusted school property tax digest; (3) subtract the amount derived under paragraph (2) from the local unit of administration's selected amount of expenditure per student in average daily attendance, and multiply the result by the number of students in average daily attendance of the local unit of administration. (e) The amount of equalizing funds payable to a qualified local unit of administration pursuant to subsection (d) of this section shall be reduced for each such local unit of administration failing to actually raise its selected amount of expenditure per student in average daily attendance. The amount of such reduction shall be in proportion to the difference between the amount actually raised and the selected per student expenditure amount. (f) The State Board of Education shall make the calculations

Page 1079

provided by 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 equalizing funds for each month of each fiscal school year. The first equalizing funds shall be paid to qualified local units of administration during the 1974-75 fiscal school year, but calculations for such equalizing funds shall be based on data for the 1973-74 fiscal school year. For the purposes of such calculations, the selected per student in average daily attendance expenditure amount of each qualified local unit of administration shall be the amount per student, in addition to required local effort pursuant to section 39 of this Act, actually raised by such local units of administration during the 1973-74 fiscal school year. Thereafter, calculations for equalizing funds shall be based on data for the immediately preceding fiscal school year, except for the selected amount of expenditure per student in average daily attendance which shall be based on the current fiscal school year. (g) As used in this Section: (1) students in average daily attendance means the average daily attendance for the first official 80 days of the local unit of administration's resident students and students attending the local unit's schools pursuant to a contract having a term of 25 years or more, and (2) equalized adjusted school property tax digest mean the equalized adjusted school property tax digests furnished to the State Board of Education pursuant to subsection (c) of Section 39 of this Act, and (3) effective tax millage means that millage applied to 40 percent of the equalized adjusted school property tax digest of the applicable school district. (h) In the event sufficient funds are not appropriated to the State Board of Education to pay the full amount of equalizing funds payable to each qualified local unit of administration, as provided herein, the State Board shall determine the school district below the ninetieth percentile

Page 1080

in dollars of assessed valuation per student in average daily attendance based on 40 percent of the equalized adjusted school property tax digest of the local units of administration to which local units can be equalized by the funds which are available and this school district shall be the guaranteed valuation school district for the purpose of this Section for current fiscal year. (i) 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. PART VII. CAPITAL OUTLAY FUNDS. Section 48. Allotment of Capital Outlay Funds; Rules, Regulations, etc. (a) 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 levy millage and issue local bonds for capital outlay purposes. 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

Page 1081

the local unit. The State Board of Education shall annually determine the facility needs of each school system for the next fiscal year and for four years thereafter. (b) 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. (c) The term capital facilities, as used in this Act, shall be deemed to include buildings, fixtures and equipment necessary or desirable for the effective and efficient operation of the public schools and all facilities related or incidental thereto, which, without limiting the generality of the foregoing, shall be deemed to include classrooms, libraries, laboratories, restrooms, equipment rooms, offices, teacher lounges, lunchrooms, lunch-assembly rooms, equipment and fixtures therefor, related exterior facilities, equipment and paving, and such other similar items as the State Board may, in its discretion, deem necessary for the effective and efficient operation of the public schools. The State Board is authorized to establish priorities for construction of such capital facilities for the purpose of making allotments of State capital outlay funds under the provisions of this Section. Capital outlay funds may be allotted to local units of administration for the purpose of constructing, renovating, altering or enlarging capital facilities. (d) The State Board of Education may, in exercising its discretion in allotting capital outlay funds to local units under this Section, consider the value to the particular local unit of administration in consolidating two or more schools within the local unit, or the value to two or more adjacent local units of administration in consolidating one or more schools located in each of the adjacent local units of administration provided the boards of education of the adjacent local units contract for the attendance of pupils

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at such consolidated school, as well as the need for such consolidations, and may allot funds for the purpose of providing facilities for such consolidated schools. (e) The State Board of Education shall, notwithstanding any other provision of this Act but in aid of same, have authority, in its discretion, to establish uniform rules, regulations, policies, standards, requirements and criteria respecting all matters pertaining or relating to location, construction, equipping, operation, maintenance, use and consolidation of schools and school facilities as may be reasonably necessary to assure effective, efficient and economical operation of the schools and all phases of the public education program, and shall, for the purposes of this Section, consider such matters in making future allotments of capital outlay funds. Without in any way limiting the generality of the foregoing, such matters may include method, manner, type and minimum specifications for construction of such facilities and installation of fixtures and equipment therein, amount of space to be provided per pupil, number and size of classrooms, areas to be served by such facilities, and such other matters as the State Board may consider important for such purposes. (f) In the event any local unit of administration enters into a lease contract with the State School Building Authority or the Georgia State Financing and Investment Commission for use of facilities of the Authority or Commission pursuant to a commitment by the State Board for future allotments of State capital outlay funds, the State Board of Education, upon receipt of an executed copy of said lease contract, is hereby authorized and directed to monthly, quarterly or annually pay to the Authority or Commission such part of such funds to be made available to the local unit of administration under this Section as may be required to meet the terms of such lease contract. (g) Notwithstanding the foregoing provisions of this Section, the State Board of Education shall hereafter annually allot to or on behalf of each local unit of administration State capital outlay funds sufficient to meet commitments

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for allocation of State capital outlay funds entered into by and between the State Board of Education and the boards of education of local units of administration under the 1951-52 and 1960-61 State school building programs. The State Board of Education shall make such allotments of State capital outlay funds from any funds available to the State Board of Education. PART VIII. PROGRAM STANDARDS, ASSESSMENTS AND IMPROVEMENTS. Section 49. Common Minimum Requirements for Public Schools. (a) The State Board of Education shall establish Common Minimum Requirements which each public school facility must meet in order to be certified for use in any component of the educational or recreational program of that school. Such minimum requirements shall include those provisions of law and/or State Board policy on matters related to fire and physical safety, sanitation and health, including temperature and ventilation, minimum space, size and configuration for the various components of the instructional program, and construction stability, quality and suitability for intended uses. (b) The State Board of Education shall adopt policies and procedures to ensure that each school facility meets minimum standards as determined by State Board policy. (c) A proposed plan of action which includes a list and description of each deficiency and time limits within which such deficiencies are to be corrected must be submitted to the State Board of Education for review and approval. Further, the State Board shall have the authority to withhold all or part of the State funds in support of the provisions of this Act from any unit of administration refusing or failing to implement the plan of action for deficiency remediation approved by the State Board. Section 50. Performance-based Criteria for Operation of Instructional Programs. The State Board of Education shall establish performance-based criteria upon which the instructional program of each public school will be evaluated

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so as to assure, to the greatest extent possible, equal and adequate educational programs, curricula, course offerings, opportunities and facilities for all students of Georgia's public schools, and economy and efficiency in administration and operation of each local unit of administration and public schools therein. Section 51. Statewide Assessment Program, Local Assessment Program, Funds for the Local Program. (a) The State Board of Education shall adopt such instruments, procedures and policies as deemed necessary to assess the effectiveness of the educational programs of the State. Such assessments will be made at least once annually, at a minimum of three grade levels, and on a Statewide basis. The State Board shall annually cause a readiness test to be administered early during a child's first year in school. Section 52. Training of Public School Administrators Relative to Program Improvement, Program Improvement Plan, Program to Improve Instructional and System Services. (a) The State Board of Education shall provide an extensive and continuing training program for practicing public school administrators, including at least system superintendents, school principals and instructional supervisors, which is designed to expand their knowledge and skills necessary to plan and manage a systematic program to improve instructional and supportive services. The State Board of Education shall be authorized to reimburse such administration for actual expenses which result directly from participating in this program, if the Board deems it to be necessary. The State Board shall also be authorized to reimburse the expense of supply teachers employed to directly or indirectly replace such administrators, if the Board deems it to be necessary. PART IX. POWERS AND DUTIES OF STATE BOARD OF EDUCATION, STATE SUPERINTENDENT OF SCHOOLS AND LOCAL UNITS OF ADMINISTRATION. Section 53. Powers and Duties of the State Board of Education. The State Board of Education shall adopt and prescribe all rules, regulations and policies required by

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provisions of this Act, and shall adopt and prescribe such other rules, regulations and policies as may be reasonably necessary or advisable for proper implementation, enforcement and carrying out of provisions of this Act, and other public school laws, or for assuring a more economical and efficient operation of the public schools of this State, or any phase of public education in the public schools of this State. The State Board shall establish and enforce minimum standards for operation of all phases of public school education in Georgia and for operation of all public elementary and secondary schools and local units of school administration in Georgia so as to assure, to the greatest extent possible, equal and adequate educational programs, curricula, offerings, opportunities and facilities for all Georgia's children and youth, and economy and efficiency in administration and operation of public schools and public school systems throughout the State. The State Board shall have the power to perform all duties and to exercise all responsibilities vested in it by provisions of law for the improvement of public education in the public elementary and secondary schools of Georgia. All rules, regulations, policies and standards adopted or prescribed by the State Board in carrying out the provisions of this Act and other school laws shall, if not in conflict therewith, have the full force and effect of law. Section 54. Organization of the State Department of Education. The State Board of Education is hereby authorized, after consultation with the State Superintendent of Schools, to organize and reorganize the State Department of Education and the various offices, divisions, sections and units thereof and to prescribe the duties, functions and operations of each at such times and in such manner as the State Board may deem necessary or desirable for the more economical or effective organization, administration or functioning of the Department. Section 55. Certification and Classification. (a) Certification and classification of professional school personnel; revocation of certificates; definitions: The State Board of Education shall provide, by regulation, for certifying and

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classifying all teachers and other certificated professional personnel employed in the public schools of this State, and no such personnel shall be employed in the public schools of this State unless they shall hold a certificate issued by the State Board certifying to his or her qualifications and classification in accordance with such regulations. The State Board shall establish such number of classifications of teachers and other certificated professional personnel as the Board may, in its discretion, find reasonably necessary or desirable in the operation of the public schools; provided, however, that such classifications shall be based only upon academic, technical and professional training and experience, and competency of such personnel. The State Board is authorized to provide, by regulation, for revoking or denying certificates for good cause, after investigation is had and notice and hearing is provided the certificate holder. The State Board shall, by regulation, define the term certificated professional personnel, as used in this Act, and shall designate and define the various classifications of professional personnel employed in the public schools of this State that shall be required to be certificated under the provisions of this Section. Without limiting the generality of the foregoing, the term certificated professional personnel shall be deemed to include principals, instructional supervisors, visiting teachers, school librarians, guidance counselors and county or regional librarians. (b) Certification and classification of paraprofessional school; revocation of certificates; definitions: (1) licensed personnel in this context includes paraprofessionals and aides; (2) paraprofessional is a person with less than professional-level certification who relates in role and function to a professional and who does a portion of the professional's job or task under the supervision of a professional. Implied in the definition is the fact that the paraprofessional has some decision-making authority, limited and regulated by their relationship with the professional; (3) aide is a person with less than professional training

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who takes no independent actions and has no decision-making authority, but performs routine tasks assigned by higher certificated personnel; and (4) permitted personnel do not qualify for a professional certificate, but will function in the educational programs in the same manner as certificated personnel. Such personnel qualify for their position on the basis of experience rather than formal education. The State Board of Education shall provide, by regulation and policy, for the classification of all licensed and permitted personnel employed in the public schools of this State, and no such personnel shall be employed in the public schools of this State unless they meet such minimum criteria as developed by the State Board of Education; provided, however, that such classifications shall be based only upon academic, technical and professional training and experience of such personnel. The State Board is authorized to provide, by regulation, for revoking or denying certificates for good cause, after investigation is had and notice and hearing is provided to certificate holder. Section 56. Schedule of Minimum Salaries; Supplementing Salaries by Local Units. The State Board of Education shall establish a schedule of minimum salaries for services rendered which shall be on a 10-month basis and which shall be paid by local units of administration to the various classifications of professional personnel required to be certificated by the State Board. Said minimum salary schedule shall be established on an index basis, and shall provide a minimum base salary for each classification of professional personnel required to be certificated, shall provide for increment increases above the minimum base salary of each classification of such personnel based upon the individual experience and length of service of such personnel and such other uniformly applicable factors as the State Board may, in its discretion, find relevant to the establishment of such a schedule, and shall include an annual increase equal to or greater than the increase in the cost of living as determined annually by the Bureau of Labor Statistics for the State of Georgia until such time as Georgia teachers'

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salaries reach the national average. Said minimum salary schedule shall in all other respects be uniform, with no differentiation being made on the basis of subjects or grades taught. The State Board is hereby authorized to modify and adjust the minimum salary schedule at such times and in such manner as the Board may, in its discretion, find reasonably necessary and advisable for the more efficient operation of the public schools of this State. An index salary schedule shall be construed to mean a type of salary schedule established upon a set of relationships respecting salaries to be paid personnel according to various classifications, such relationships to be expressed as ratios which are above or below an index value of 100 to be attributed to certificated professional personnel with a bachelor's degree and no experience. All State funds now or hereafter made available to the State Board for the purpose of paying salaries of teachers or other certificated professional personnel employed by local units of administration shall be made available to local units and to such personnel employed by them in accordance with the index schedule of minimum salaries. Local units of administration shall not pay to any teacher or other certificated professional personnel in its employment a salary less than that prescribed by the index schedule of minimum salaries. Local units of administration may, however, supplement the salaries of such personnel, and in fixing the amount thereof may take into consideration the nature of duties to be performed, the responsibility of the position held, the subject matter or grades to be taught, and the experience and individual worth of the particular personnel whose salary is being supplemented. Supplements paid shall, in all other respects, be uniform. Section 57. Required Curriculum; Instruction in Municipal, County, State and Federal Governments; Instruction in the Essentials of the United States and Georgia Histories and Constitutions. All elementary and secondary schools which receive in any manner funds from the State shall provide the following course offerings and in the manner prescribed by the State Board of Education. (a) The State Board of Education shall prescribe a course of study in the background, history and development of the Federal and

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State Governments. The course in the study of Federal and State Governments shall be supplemented in each high school by a study of the local county and municipal governments. No student shall be eligible to receive a diploma from a high school unless said student has successfully completed the course in governments provided for by this Section. (b) The State Board of Education shall prescribe a course of study in the history of the United States and in the history of Georgia, and in the essentials of the United States and Georgia Constitutions, including the study of American institutions and ideals to be offered at the high school level. No student shall be eligible to receive a diploma from a high school, unless said student has successfully completed the courses in history and Constitutions provided for by this Section. Section 58. Public School Year; Public School Day. (a) Public elementary and secondary schools of this State receiving State aid under the provisions of this Act shall be operated so as to provide that each eligible student has access to no less than 180 school days of education. The State Board of Education shall define the 180 days of education and the length of school day within each fiscal school year. Each fiscal school year shall begin on the first day of July and end on the thirtieth day of June of the following year. (b) The provisions of this Section or any other provision of this Act to the contrary notwithstanding, when the President of the United States proclaims a national emergency, or when the Governor of the State of Georgia proclaims a state of emergency, or when, because of disaster, civil disturbance or a shortage of vital and critical material, supplies or fuel, the continued operation of the public schools according to the definitions of school year, school month, or school day is impractical or impossible, then the State Board of Education shall have the power to authorize local boards of education to depart from a strict interpretation of these definitions, and such departure need not be uniform throughout the State; it being the intent of this sentence to

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allow the continuation of public school education in this State under the unusual conditions described herein. Section 59. State Agency for Surplus Property; Cooperative Agreements. The State Board of Education is hereby authorized to establish and operate a State Agency for Surplus Property for the purpose of distributing surplus properties made available by the Federal Government under the provisions of Public Law 152, 81st Congress, as amended, to institutions, organizations, agencies and others as may now or hereafter be eligible to receive such surplus properties pursuant to applicable provisions of Federal law. The State Board of Education may enter into or authorize the State Agency for Surplus Property to enter into cooperative agreements with the Department of Health, Education and Welfare of the Federal Government for the use of surplus properties by the State Agency, and for providing administrative assistance in the transfer of title to real property from the Federal Government to institutions, organizations, agencies, and others as may now or hereafter be eligible to receive such properties pursuant to applicable provisions of Federal law. Section 60. Powers and Duties of the State Superintendent of Schools. The State Superintendent of Schools shall be the executive officer of the State Board of Education, the administrative officer of the State Department of Education, and shall be responsible for the administration and enforcement of all provisions of this Act and other school laws in accordance with the provisions of such laws and rules, regulations, policies and standards adopted or prescribed by the State Board of Education for the implementation, administration or enforcement of such laws. Section 61. Local Units of School Administration; Eligibility to Receive State Funds. All county, independent and area public school boards in this State, established pursuant to provisions of law, shall be local units of administration for the purposes of this Act, except where other specific provisions are made. The qualifications, manner and time of selection, election or appointment,

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tenure, State compensation if provided for, and powers and duties of superintendents and members of boards of education of the several local units of administration shall be as prescribed by law; provided, however, that such superintendents and members of local boards of education shall comply with, execute and enforce the provisions of this Act and other school laws, and provisions of rules, regulations, policies and standards adopted by the State Board of Education pursuant thereto, in order to render the respective local units of administration eligible to receive State funds under the provisions of this Act. Section 62. Local Units of School Administration; Employment of Personnel. (a) All teachers, principals, other certificated professional personnel, and all other school personnel of local units of administration shall be employed by local boards of education on the recommendation of the superintendent of schools of the local unit. Minimum qualifications for employment of all school personnel may be prescribed by the State Board of Education unless otherwise provided by law. Employment contracts of teachers, principals, other certificated professional personnel shall be in writing and shall be signed in duplicate by such personnel on their own behalf and by the local superintendent of schools on behalf of the local board of education. (b) 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 63. Pupils Attending School in Adjacent Local Units of Administration; Allotment of State Funds; Contracts Between Local Units. Notwithstanding the foregoing provisions of this Act and other school laws, the State Board of Education is hereby authorized to provide, by regulation, a procedure and manner whereby a pupil shall, for such

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compelling reasons and circumstances as may be defined and specified by the State Board, be permitted to attend and be included as an enrolled pupil in average daily attendance in the public schools of a local unit of administration immediately adjacent to the local unit of administration wherein the pupil resides for the purpose of allotting State funds under the provisions of this Act, notwithstanding absence of an agreement between the two adjacent local units and a refusal by the board of education of the local unit wherein the pupil resides to voluntarily approve such transfer of the pupil to the public schools of the adjacent local unit; provided, however, that the board of education of the adjacent local unit is willing to receive and permit such pupil to enroll in and attend the public schools of such local unit. The State Board shall adopt such rules, regulations and policies as may be necessary for implementation of this section. Grant or refusal of permission for pupils to attend such schools, for the purpose of permitting State funds to follow such pupils, shall be entirely discretionary with the State Board and shall, in the absence of a clear abuse of discretion by the Board, be final and conclusive. Local units of administration may contract with each other for the care, education and transportation of pupils and for such other activities as they may be authorized by law to perform. Section 64. Voter Registration; Excused Absences. Each student in the public schools of the State of Georgia, upon attaining the age of 18 years, shall be apprised of his right to register as an elector and vote in elections upon attaining the age of 18 years. The State Board of Education shall promulgate rules and regulations to carry out the provisions of this Section. An excused absence of a student, as determined by the local unit of administration, not to exceed one school day, shall not be counted against any local unit of administration in ascertaining average daily attendance. Section 65. Financial Procedures Established. For the purpose of promoting economy and efficiency in the financial operation of local school systems, keeping all school expenditures within estimated receipts and balances, and to facilitate financial review audits of local school system operations, and to determine conformance of school operations

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with provisions of law, the State Board of Education is hereby authorized to establish a uniform budget and accounting system and to establish uniform regulations to be implemented by local school boards. These regulations shall include, but not be limited to, the following: (a) forms, (b) classifications of accounts, (c) codes for data processing machines, and (d) regular reporting procedures. In addition, the State Board of Education is authorized to prescribe information that must be submitted to the State Board and the time it must be submitted. In order to ensure compliance with this section, the State Board is authorized to establish a Financial Review Section for the limited purpose of reviewing financial records and accounting of local boards. Section 66. Budget Procedures Established. The State Board of Education is hereby authorized to establish a uniform budgeting system to be implemented by local school boards and to prescribe a date each local board must submit a budget to the State Board. The regulations developed by the State Board must make adequate provision for local review and modification prior to local approval and submittal to the State Superintendent of Schools. The State Superintendent shall provide for the examination and preparation of a written report on the budget of each local unit and submit a copy to the State Board and the respective local board of education. The State Board shall either accept or reject the budget of a local unit. If the State Board rejects the budget of a local unit, the local board shall receive written notification and within 30 days must either make the required changes or request an appeal as provided for in section 69. Section 67. Withholding of State Funds Due to Failure to Provide Local Funds. In the event a local unit of administration fails to provide or use the amount of local funds required to be raised and used by the local unit in support of the cost of the Adequate Program for Education in Georgia in the local unit during any school year, determined in accordance with provisions of this Act, the State Board of Education shall calculate the percentage which the deficiency

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in local funds represents of the total local funds required to be raised and used by the local unit and reduce the amount of State funds allotted to the local unit by the same percentage until such time as the local unit provides or uses, as the case may be, the required amount of local funds or makes adequate provision for providing or using the same to the satisfaction of the State Board. If State funds allotted to a local unit have been distributed to the local unit when such failure of the local unit is ascertained, or if an audit of operations of the local unit shows that the local unit did not during the preceding or a past fiscal school year actually provide or use the amount of local funds required by provisions of this Act and the approved local budget of the local unit for that year, the State Board of Education shall, for the next ensuing fiscal school year, reduce the amount of State-contributed Adequate Program for Education funds to be allotted to the local unit by an equivalent amount of money and correspondingly increase the amount of local funds to be supplied by the local unit for that fiscal school year by the same amount of money. The State Board of Education shall in any event before withholding or reducing the amount of State funds to be distributed to a local unit under this Section, notify the local unit of the intention of the Board to withhold or reduce the allotment of State funds to the local unit, and state the reasons for such action. The board of education of the local unit shall be entitled to an appeal as provided for in section 69. Section 68. State Bids on Standard Items of School Equipment, Supplies and Services. (a) The State Board of Education shall, from time to time, determine, through study and after consultation with the Director of the Purchasing and Supplies Division of the Department of Administrative Services, representatives of local units of administration, and such others as the Board may deem it advisable to consult with, whether an overall substantial price advantage to local units of administration may be obtained by means of a combined bid by local units through the State Superintendent of Schools and the Department of Administrative Services on standard items of school equipment, supplies or services, or other standard expenses, to

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be designated by the State Board, ordinarily needed, procured or incurred by local units during the fiscal school year, without a sacrifice of safety or quality. If the State Board shall determine that such a price advantage to local units may be obtained by such means on any one or more of such items or expenses, the State Board shall, after consultation with such persons, establish sets of uniform standard specifications for such item or items as may reasonably be required in order to meet the various needs and requirements of the several local units of administration. Local units of administration shall, at such times as the State Board shall prescribe, report the probable annual requirement of the local unit for such standard items to the State Board and the requested time for future delivery of such items. The State Board shall compile such requirements and submit a compilation of the same to the Department of Administrative Services, together with such other information as may be needed or otherwise requested by the Department of Administrative Services for the purpose of advertising for bids for a uniform State price on such items. (b) The Department of Administrative Services shall advertise for bids for supply of such items in the same manner followed for State purchases; provided, however, that the Department of Administrative Services shall inform prospective bidders that the bid requested is for the furnishing of such items to the designated local units of administration at the times specified on the basis of a single State price applicable to all local units of administration, that payment for such items as may be purchased by local units shall be made by the respective local units of administration to the bidder, that no guarantee is made that any purchases will be made from the successful bidder as a result of such bidding, and such other information as shall be appropriate under the circumstances. The Department of Administrative Services shall, upon receipt of bids, process the same in the same manner followed for State purchases and promptly notify the State Board of Education of the name of the successful bidder, and such other available information as may be required by the State Board. The State

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Board shall promptly forward such information to all local units of administration. (c) Local units of administration are free to obtain competitive bids from vendors on such standard items of school equipment, supplies, services or expenses, based upon uniform specifications established for such items by the State Board, and may purchase such items from the vendor submitting the best bid therefor to the local unit whether or not the bid price of such vendor is greater or less than the State bid price on such items; provided, however, that whenever a local unit purchases such standard items at a price in excess of the State bid price for such items, the State Board shall, when computing standard costs for allotment of State funds, disallow the excess cost paid for such items by the local unit. The State Board shall prescribe regulations necessary for implementation and enforcement of provisions of this Section, and is authorized to establish minimum standards and uniform standard specifications and procedures for the purchase, distribution, use and maintenance, as the case may be, of school equipment, supplies, services and expenses, as may be designated by the State Board, whether or not State bid prices are obtained on such items. Section 69. Withholding of Funds from Local Units; Appeal. In the event a local unit of administration shall fail to comply with any provision of this Act, or other school laws, or any provision of rules, regulations, policies, standards or requirements established by the State Board, or the terms of any contract with the State Board, the State Board may, in its discretion, withhold from such local unit all or any part of the State-contributed Adequate Program of Education in Georgia funds allotted to such local unit under provisions of this Act until such time as full compliance is made by the local unit. The State Board shall, before withholding such funds, notify the local unit of its intention to withhold such funds and state the reasons for such action. The board of education of the local unit shall be entitled to a hearing on such matter before such funds are withheld provided the local board requests such hearing within 30 days from receipt of such notification. If the local board of education feels itself aggrieved by the final decision

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of the State Board following such hearing, the loca board shall have the right to obtain judicial review of such decision, on the record made before the State Board, by filing an appeal in the superior court of the county of the local unit affected. Such appeal shall plainly specify the decision complained of, the questions in dispute, the decision of the State Board, the relief sought by the local board, and the contentions of the local board. Said appeal shall be based upon the record as a whole established at the time of the hearing before the State Board. A transcript of the testimony and other evidence adduced before the State Board at the time of such hearing shall be prepared and certified as true and correct by the State Superintendent of Schools and filed in the court within 30 days after date of service of a copy of the appeal upon the State Superintendent of School, or within such other time as the court may allow. The decision of the State Board on appeal shall not be set aside if based upon any substantial evidence in the record, considering the record as a whole. The court may, in its discretion, whether or not the same be prayed for in the remand such matter for future proceedings or findings on such directions or terms as may be specified in the order of the court. Proceedings for review of the final judgment of the court shall follow the same course which is now or may hereafter be prescribed for other civil actions in the superior court. Section 70. Distribution of State Funds. The State Board of Education shall, by regulation, provide for distribution of State funds allotted to local units under this Act and budgets approved by the State Board. In determining the time and manner for distribution of State funds, the State Board may, in its discretion, consider the time at which local school tax funds shall be collected and made available to the several local units of administration, and is hereby authorized to provide for distribution of State funds to local units at such times and in such manner as will most likely meet the periodic needs of local units for the State allotted funds, provided State funds appropriated for such purposes are available at such times. State funds to be distributed to local units under provisions of this Act shall be withdrawn from the State treasury on executive warrants based upon

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requisitions to be signed by the State Superintendent of Schools, which shall be signed in accordance with the provisions of such regulations and directions of the State Board, and shall be disbursed to local units by the State treasury upon order of the State Superintendent of Schools. Section 71. Act to be Administered Pursuant to Budget Laws. The standards set forth in sections 10-21, 24 and 25, and in such other Sections as such minimum requirements for funds shall appear, shall be construed as setting out a basic plan for the direction of the State Board of Education in planning a program and presenting proposals to the Governor and to the General Assembly. Nothing in this Act shall be construed as amending or modifying in any way Chapter 40-4 known as the Budget Act as provided in an Act approved February 12, 1962 (Acts 1962, p. 17), as amended, or any appropriation Act which is presently in force and effect. The State Board of Education shall, in all of its programs involving allocation or expenditure of funds, be governed and controlled by the provisions of such Budget Act, such appropriation Acts, and all other laws of general application pertaining to the handling and expenditure of State funds, none of which Acts or laws are amended, modified or repealed by this Act unless specifically so provided in this Act. Section 72. Coordination with other State Agencies. The State Board of Education shall be empowered to form in conjunction with other State agencies certain coordinating boards as needed to ensure the provision of a comprehensive educational program for the students of Georgia. The State Board of Education and the Georgia Board of Human Resources shall hereby establish a Coordinating Committee for Exceptional Individuals and Preschool Programs not later than July 1, 1974. The Committee shall meet at least once every quarter and consist of no less than three members from each of the departments operated under the two boards, including at least one individual at one of the top two levels of management.

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PART X. MISCELLANEOUS. Section 73. Laws Specifically Repealed. The following laws are hereby repealed in their entirety: (a) An Act known as the Minimum Foundation Program of Education Act, approved January 24, 1964 (Ga. L. 1964, p. 3), as amended. (b) An Act providing for the education of exceptional children, approved March 7, 1968 (Ga. L. 1968, p. 120). (c) An Act known as the Cooperative Educational Service Agencies Act, approved March 27, 1972 (Ga. L. 1972, p. 550). (d) Code section 32-509, relative to the preparation of a text on civics by the State Superintendent of Schools. (e) Code section 32-705, relative to courses of study in health and hygiene, the nature of alcoholic drinks and narcotics, the elements and principles of agriculture and the elements of civil government and relative to the reading of the Bible in schools receiving State funds. (f) Code section 32-706, relative to instruction in essentials of United States and State Constitutions and the study of American institutions and ideals, as amended by an Act approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 532). (g) 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), as amended by an Act approved March 28, 1973 (Ga. L. 1973, p. 191). (h) Code Chapter 32-15, relative to the school year, scholastic month and the observance of special days, as amended.

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Section 74. Construction. To the extent that the provisions of this Act conflict with the provisions of any heretofore existing laws not specifically repealed by Section 76 of this Act, it is the intention of the General Assembly that the provisions of this Act shall control, but to the extent that such laws do not conflict with the provisions of this Act, then this Act is hereby declared to be cumulative of and supplemental to such heretofore existing laws. Section 75. Effective Date. This Act shall become effective July 1, 1975. Section 76. General Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 26, 1974. GEORGIA CRIMINAL JUSTICE ACT AMENDEDCLARIFICATION OF CRIMINAL PROCEEDING IN WHICH COUNSEL SHALL BE AFFORDED INDIGENT PERSONS PROVIDED. No. 1243 (House Bill No. 37). An Act to amend an Act known as The Georgia Criminal Justice Act, approved April 8, 1968 (Ga. L. 1968, p. 999), so as to expand and clarify the criminal proceedings in which indigent persons shall be afforded representation; to change the provisions relating to assignment of attorneys; 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 Criminal Justice Act, approved April 8, 1968 (Ga. L. 1968, p. 999), is hereby amended by striking subsection (a) of section 3 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:

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(a) All courts of this State having jurisdiction of proceedings of a criminal nature shall, by rule of court, provide for the representation of indigent persons in criminal proceedings in such court. Criminal proceedings shall mean any proceeding in which a person is charged with the violation of a local ordinance or State law and because of such violation, such person may be incarcerated in any penal institution in this State. After ascertaining that the defendant is in fact indigent, it shall provide this representation by: (1) an arrangement whereby a judge of the court concerned will assign attorneys on an equitable basis through a systematic, coordinated defender plan under delegation to and supervision of the clerk, or deputy clerk, of the superior court, or the clerk, or deputy clerk, of the court concerned, or of an administrator appointed by the superior court for such purpose; or (2) an arrangement whereby a nonprofit legal aid agency or agencies will be assigned to provide the representation; or (3) an arrangement whereby a combination of the above arrangements will provide the representation. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1974. INSURANCELENDING INSTITUTIONS, ETC. PROHIBITED FROM SELLING INSURANCE. Code 56-322 Enacted. No. 1244 (House Bill No. 164). An Act to amend Code Chapter 56-3, relating to the general requirements for conducting an insurance business in

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this State, as amended, so as to prohibit certain institutions and companies and certain of their employees from being licensed to sell certain kinds of insurance; 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 56-3, relating to the general requirements for conducting an insurance business in this State, as amended, is hereby amended, by adding at the end thereof a new Code section 56-322, to read as follows: 56-322. Lending Institutions and Bank Holding Companies Prohibited from Transacting Insurance. (a) No lending institution, bank holding company or any subsidiary or affiliate of either of the foregoing, doing business in this State, or any officer or employee of any of the foregoing (but not including any director) may directly or indirectly be licensed to sell insurance in any municipality within this State which has a population which exceeds five thousand, according to the latest United States decennial census, except that a lending institution, bank holding company or any subsidiary or affiliate thereof may engage in underwriting, and act as an underwriter for, credit life insurance and credit accident, health and sickness insurance, and except that an officer or employee of a lending institution, bank holding company, subsidiary or affiliate of such institution or company may be licensed to sell single interest insurance, credit insurance, non-recording insurance, mortgagee title insurance, credit life and accident and sickness insurance, and such institutions, holding company, subsidiary or affiliate may receive commissions on sales of such kinds of insurance written by such officers or employees in conformity with rules and regulations promulgated by the Insurance Commissioner. Code 56-322 enacted. (b) The Insurance Commissioner is authorized to promulgate rules and regulations in order to effectuate the purposes of this Section, which are to assist in the maintenance of the separation between lending institutions and the insurance

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business and to minimize the possibilities of unfair competitive practices by lending institutions, agents, and brokers. (c) For the purposes of this Section, the following definitions shall apply: (1) `Lending institution' means any domestic institution that accepts deposits from the public and lends money, including banks and savings and loan associations. (2) The term `bank holding company' shall mean and include the definition of such term as set forth in section 13-201.1 of the Code of Georgia, as amended, and in Section two of an Act of Congress entitled the `Bank Holding Company Act of 1956', as amended. (3) Nothing in this act shall prohibit the purchase of Mortgage Guaranty Insurance (also called Credit Casualty Insurance) by a lending institution, from a Mortgage Guaranty Insurance Company directly or indirectly. (d) Nothing contained within this Section shall apply to any lending institution, bank holding company, nor to any organization which was a subsidiary or affiliate of either of the foregoing on January 1, 1974, nor to any officer or employee of the foregoing, if, on January 1, 1974, such lending institution, bank holding company, subsidiary or affiliate, officer or employee was licensed to operate and was conducting business in conformity with all Federal and State laws applicable thereto, and all Federal and State rules and regulations applicable thereto and who have since January 1, 1974, been in continuous operation. Section 2. Any person holding a license at time of passage of this Act and disqualified thereby shall have his license reissued, upon request, upon becoming eligible for a license to issue without the necessity of taking or passing any examination. Application shall be made within sixty (60) days from date applicant shall again become eligible.

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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, 1974. EDUCATIONPROCEDURES PROVIDED FOR TERMINATION OF TEACHERS, ETC. Code 32-912 Amended. Code 32-1010 Repealed. No. 1245 (House Bill No. 368). An Act to amend an Act known as the Minimum Foundation Program of Education Act, approved January 24, 1964 (Ga. L. 1964, p. 3), as amended, particularly by an Act approved April 17, 1973 (Ga. L. 1973, p. 907), so as to provide procedures and requirements relative to the termination or suspension of teachers, principals and other employees having a contract for a definite term; to provide for certain notices in connection with discharge or suspension; to provide for right to counsel and compulsory process; to provide for hearings; to provide for decision and appeals; to provide certain requirements relative to the nonrenewal of contracts for an employee who was on the payroll and under contract on the beginning day of the current school year; to provide certain requirements relative to nonrenewal of contracts after three years' service; to amend Code section 32-912, relating to the organization, powers and duties of county boards of education and to the suspension of the county superintendent of schools, as amended, so as to delete provisions relative to the suspension of teachers; to repeal Code section 32-1010, relating to the examination and suspension of teachers, as amended; to provide for all matters

Page 1105

relative to the foregoing; to repeal an 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 Minimum Foundation Program of Education Act, approved January 24, 1964 (Ga. L. 1964, p. 3), as amended, particularly by an Act approved April 17, 1973 (Ga. L. 1973, p. 907), is hereby amended by striking section 7A in its entirety and substituting in lieu thereof a new section 7A to read as follows: Section 7A. (a) Grounds for Termination or Suspension. The contract of employment of a teacher, principal or other employee having a contract for a definite term may be terminated or suspended for any of the following reasons: (1) Nonperformance of duty; (2) Incompetency; (3) Immorality; (4) Inefficiency; (5) Conviction of any crime involving moral turpitude; (6) Failure or refusal to comply with all reasonable orders, requests or directions of the superintendent or other superior official; (7) Violation of any rule or regulation of the local board of education; (8) Persistent failure or refusal to maintain orderly discipline of students; (9) Inciting, encouraging or counseling studnets to violate any valid State law, municipal ordinance, or policy or rule of the local board of education;

Page 1106

(10) Revocation by competent State authority of the certificate of the teacher or other certificated personnel; (11) Violation of any contract provision. (b) Notice. Before the discharge or suspension of a teacher, principal or other employee having a contract of employment for a definite term, written notice of the charges shall be given at least ten days before the date set for hearing, and shall state: (1) The cause or causes for his discharge or suspension in sufficient detail to enable him fairly to show any error that may exist therein; (2) The names and nature of the testimony of the witnesses against him; (3) The time and place where the hearing thereon will be held; (4) Notification that the charged teacher or other person, upon request, shall be furnished with compulsory process or subpoena legally requiring the attendance of witnesses and the production of documents and other papers as provided by law. (c) Counsel; Testimony. Any teacher, principal or other person against whom such charges listed in subsection (a) of this Section have been brought shall be entitled to be represented by counsel, and upon request, shall be entitled to have subpoenas or other compulsory process issued for attendance of witnesses and the production of documents and other evidence. Such subpoenas and compulsory process shall be issued in the name of the local board of education, and shall be signed by the president or vice president of the local board of education. In all other respects, such subpoenas and other compulsory process shall be subject to the provisions of the Act revising comprehensively the laws relating to subpoenas

Page 1107

and other like processes, approved March 15, 1966 (Ga. L. 1966, p. 502), as now or hereafter amended. (d) Hearing. The hearing shall be conducted before the local board of education or said local board may designate a tribunal to consist of not less than three nor more than five impartial persons possessing academic expertise to conduct the hearing and submit its findings and recommendations to the local board of education for its decision thereon. The hearing shall be reported at the expense of the local board of education. If the matter is heard by a tribunal, the transcript shall be prepared at the expense of the local board of education and an original and two copies shall be filed in the office of the superintendent. If the hearing is before the local board of education, the transcript need not be typed unless an appeal is taken to the State Board of Education, in which event typing of the transcript shall be paid for by the appellant. In the event of an appeal to the State Board of Education, the original shall be transmitted to said State Board as required by its rules. Oath or affirmation shall be administered to all witnesses by the president, any member of the local board of education, or by the attorney of said local unit. Such oath shall be as follows: `Do you solemnly swear (or affirm) that the evidence you shall give here on the issue pending shall be the truth, the whole truth and nothing but the truth. So help you God.' All questions relating to admissibility of evidence or other legal matters shall be decided by the president or presiding officer, subject to the right of either party to appeal to the full local board of education or hearing tribunal, as the case may be; provided, however, the parties by agreement may stipulate that some disinterested member of the State Bar of Georgia shall decide all questions of evidence and other legal issues arising before the local board of education or tribunal. In all hearings, the burden of proof shall be on the school system, and it shall have the right to open and conclude. Except as otherwise provided herein, the same rules governing nonjury trials in the superior court shall prevail.

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(e) Decision; Appeals. The local board of education shall render its decision at the hearing, or within five days thereafter. Where the hearing is before a tribunal, the tribunal shall file its findings and recommendations with the local board of education within five days of the conclusion of the hearing, and the local board of education shall render its decision thereon within ten days after the receipt of the transcript. Appeals may be taken to the State Board of Education in accordance with Georgia Code section 32-910, as now or hereafter amended, and the rules and regulations of the State Board of Education governing appeals. (f) Nonrenewal. When a local school superintendent or local board of education proposes not to renew the contract of any teacher or other school employee who was on the payroll and under contract on the beginning day of the current school year, written notification of such intention shall be given to the teacher or other employee by not later than April 15 prior to the ensuing school year. When such notice is not given to an employee who was on the payroll and under contract on the beginning day of the current school year, the employment of such teacher or other employee shall be continued for the ensuing school year, unless such teacher or other employee has been removed or suspended in the manner previously provided herein, or unless the teacher or other employee elects not to accept such employment by notifying the local board of education or superintendent in writing not later than May 1 thereafter. When the local board of education proposes not to renew the contract of a teacher or other employee who was on the payroll and under contract on the beginning day of the current school year for reasons which would impinge upon the liberty of such teacher or employee, thereby entitling the teacher or other employee to procedural due process under the Constitution as interpreted by the United States Supereme Court, the local board of education shall give notice of such intention not later than April 15 as provided in this subsection, and such notice shall also state the reasons for such proposed action in the same manner as provided in subsection (b) hereof, and thereafter a hearing shall be conducted in the same manner as specified in subsections (c),

Page 1109

(d) and (e) hereof, which subsections shall be equally applicable thereto. (g) Nonrenewal After Three Years' Service. After a teacher or other school employee who is employed under a contract for a definite term has been employed for three successive school years by the same local board of education, then the nonrenewal of the contract of such teacher or other employee shall be as provided by this subsection. When the local school superintendent or local board of education has decided not to renew the contract of any such teacher or employee, written notification of such decision shall be given to such teacher or employee by not later than April 15 prior to the ensuing school year, and any such teacher or employee so notified shall have the right to request the local school superintendent or local board of education, in writing, by not later than May 1, thereafter, to furnish such teacher or employee a written statement of good and sufficient cause on which the nonrenewal of the contract was based. Upon receiving such request from any such teacher or employee, the requirements of subsections (b) through (e) of this Section shall be applicable in such cases. The provisions of this subsection shall be applicable to teachers and other school employees employed under a contract for a definite term who had completed three successive school years as an employee of the same local board of education as of July 1, 1974, as well as to such teachers or employees employed on and after that date who subsequently complete three successive school years as an employee of the same local board of education. Only service rendered as an employee of the same local board of education may be counted as service for the purpose of completing three successive school years within the meaning of this subsection. Section 2. Code Section 32-912 , relating to the organization, powers and duties of county boards of education and to the suspension of the county superintendent of schools, as amended, is hereby amended by striking said Code section in its entirety and substituting in lieu thereof a new Code section 32-912 to read as follows:

Page 1110

32-912. Organization; powers and duties. The county superintendent of schools and county board of education shall make rules to govern the county schools of their respective counties. Upon being called together by some one of their number, after their election, they shall organize by selecting a chairman. The county superintendent of schools shall act as secretary of the board, and keep the minutes of their meetings and make a permanent record of the same, and do any other clerical work that they may direct him to do. Said board may suspend the county superintendent of schools for incompetency, wilfull neglect of duty, misconduct, immorality or the commission of crime involving moral turpitude, and for other good and sufficient cause. Provided, however, the county superintendent shall be given (1) a hearing on the charge or charges preferred against him, (2) ten days' written notice of the time and place of said hearingsuch notice will contain a brief general statement and enumeration of the charge or charges, (3) an opportunity to present his defense, and (4) upon request be furnished with compulsory process issued by said board requiring the attendance of witnesses and the production of documents and other papers as provided by law. Upon failure of any person to respond to such subpoena or other process issued by said board, the latter shall certify the matter to the superior court as other cases of contempt made and provided by law. In each case an appeal may be taken to the State Board of Education by the filing with the said State Board of Education, within thirty days after rendition of the decision of the county board, a notice of appeal, together with a copy of the record or transcript adduced upon the hearing and certified by the president of the said county board. The provisions of this Code Section shall not apply to school systems created prior to the adoption of the Constitution of 1877. Code 32-912 amended. Section 3. Code section 32-1010, relating to the examination and suspension of teachers by the superintendent, as amended, which reads as follows: 32-1010. Examination and suspension of teachers. The county superintendent of schools shall superintend examinations of all teachers of his county as provided by law. He

Page 1111

shall suspend any teacher under his supervision for nonperformance of duty, incompetency, immorality or inefficiency, and for other good and sufficient causes. From his decision the teacher may appeal to the county board of education, and either the superintendent or the teacher, being dissatisfied with the decision of the board, may appeal to the State Board of Education, the decision of which shall be final: Provided, that this Section shall not apply to any public school system established prior to the adoption of the Constitution of 1877., Code 32-1010 repealed. is hereby repealed in its entirety. Section 4. The following Act is specifically repealed: An Act entitled Civil Service for Teachers, etc. approved March 20, 1937 (Ga. L. 1937, p. 879). Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1974. PUBLIC TRANSPORTATION CODE AMENDEDPROVISIONS RELATING TO WEIGHTS OF VEHICLES CHANGED, ETC. Code 95A-959 Amended. No. 1246 (House Bill No. 1305). An Act to amend Code section 95A-959, relating to weights of vehicles and loads, so as to change certain exception provisions; to provide an exception for the hauling of granite from the quarry to the processing plant; 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 95A-959, relating to weights of

Page 1112

vehicles and loads, is hereby amended by striking from the end of subparagraph (3) the following: ., and inserting in lieu thereof the following: ; or, and by adding immediately following subparagraph (3) a new subparagraph to be designated subparagraph (4), to read as follows: (4) Hauling granite, either block or sawed for further processing, from the quarry to a processing plant located in the same county or an adjoining county., so that when so amended subsection (b) shall read as follows: (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; Code 95A-959 amended. (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; or

Page 1113

(4) Hauling granite, either block or sawed for further processing, from the quarry to a processing plant 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 for a distance of not less than 300 feet from the front and rear thereof. 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, 1974. ENVIRONMENTAL EDUCATION ACT OF 1974. No. 1247 (House Bill No. 1395). An Act to create an Environmental Education Advisory Council and to enable and direct the Department of Natural Resources, in conjunction with the Council, to develop a proposed Environmental Education Plan; to provide for a short title; to provide a declaration of policy; to provide for the submission of the proposed Environmental Education Plan by the Department to the General Assembly prior to the 1975 regular session; to provide for areas of special emphasis in developing the proposed Environmental Education Plan; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. This Act shall be known and may be cited as the Environmental Education Act of 1974.

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Section 2. Declaration of Policy. It is the intention of the General Assembly to provide in this Act for the development of a State Environmental Education Plan. The General Assembly finds an Environmental Education Plan would foster the wise use, rather than the exploitation of, natural resources and the environment and would curtail the inevitable deleterious effects to human health and well-being of such exploitation, by developing in each citizen, through education, a new awareness of man's relationship to his environment, an increased comprehension of his environment and an increased ability to solve environmental problems by balancing economic, social and environmental considerations. The General Assembly intends that the plan shall coordinate environmental education among various Federal, State, regional and local agencies and that the plan shall include formal and informal environmental education of citizens of all ages. Section 3. The Environmental Education Advisory Council is hereby created. The Council shall be composed of the following agency heads or their designated representatives: Creation. (a) The State School Superintendent; (b) The Commissioner of Natural Resources; (c) The Commissioner of Agriculture; (d) The Chancellor of the University System; (e) The Director of the State Forestry Commission; (f) The Commissioner of Human Resources; (g) The Commissioner of Community Development; (h) The Commissioner of the Department of Transportation; (i) The Director of the Office of Planning and Budget; and

Page 1115

(j) The Chairman of the State Soil and Water Committee. The Council shall cease to exist on July 1, 1975. Section 4. The Department of Natural Resources, in conjunction with the Environmental Education Advisory Council, shall develop an Environmental Education Plan including, but not limited to, a description of the function of each State agency in providing such education, by November 1, 1974, and shall submit the program to the General Assembly prior to the 1975 regular session. The Department and the Council, in developing the Environmental Education Plan, shall give special emphasis to the following: (a) coordinating the efforts of various agencies of Federal, State, area and local governments that are involved with environmental education; (b) inventorying all sources of environmental education and Federal, State, local and private facilities for environmental education; and (c) recommending various means for delivering environmental education. Section 5. The plan submitted shall have no force and effect unless approved or approved as modified by the General Assembly in the same manner as the passage of general laws. Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1974.

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FOOD SERVICE ESTABLISHMENTSREQUIRED TO NOTIFY PUBLIC OF FOOD EXTENDERS IN MEATS SERVED, ETC. Code 88-1009 Enacted. No. 1248 (House Bill No. 1452). An Act to amend Code Chapter 88-10, relating to food service establishments, so as to require all food service establishments to display on menus, or by other means, information concerning meats which contain certain amounts of additives or extenders; 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. Code Chapter 88-10, relating to food service establishments, is hereby amended by adding at the end thereof, a new Code section to be designated Code section 88-1009, to read as follows: 88-1009. Meat products that contain extenders; penalty. (a) All food service establishments in this State, as defined in Code Section 88-1001, which serve meat products that contain extenders, such as Textured Vegetable Protein, Textured Soy Flour, Fortified Textured Vegetable Protein, or other such products, shall display on their menus, or by placards visible to the public, information stating that the meat product contains extenders; provided, however, that the provisions of this Code section shall not be applicable to the serving of meat products which do not contain such an amount of extenders as to require additional labeling in accordance with other laws of the United States and laws of the State of Georgia relating to meat products. Products which contain extenders shall not be advertised using names which designate all meat products. The menu or other advertisement must bear the same name that appears on the package when received from the processor and the ingredients statement as listed on the label. Code 88-1009 enacted.

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(b) Any person violating the provisions of this Code section shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Section 2. Food service establishments shall have three (3) months after the effective date of this Act to comply with its provisions. 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, 1974. DEPARTMENT OF PUBLIC SAFETYFORMS TO BE FURNISHED DRIVERS ON RENEWAL OF LICENSES FOR GIFT OF THEIR BODIES AFTER DEATH, ETC. No. 1250 (House Bill No. 1560). An Act to require the Department of Public Safety to provide forms for the gift of all or part of a person's body conditioned upon the death of the donor whenever a person applies for the issuance, reissuance, or renewal of any driver's license; to require a notation on the face or reverse of a driver's license as to whether the licensee has executed a gift of all or part of his body conditioned upon the death of the donor; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Whenever any person applies for or requests the issuance, reissuance, or renewal of any class of driver's license, the Department of Public Safety shall furnish that person with a form, sufficient under the provisions of the Georgia Anatomical Gift Act, approved March 7, 1969 (Ga.

Page 1118

L. 1969, p. 59), as amended, for the gift of all or part of the donor's body conditioned upon the donor's death. If any such person, legally authorized to execute such a gift, desires to execute a gift, the Department shall provide that person with appropriate assistance and the presence of the legally required number of witnesses. Section 2. A notation shall be affixed to or made a part of every driver's license issued in this State after June 30, 1974, indicating whether or not the licensee has executed, under the provisions of the Georgia Anatomical Gift Act, approved March 7, 1969 (Ga. L. 1969, p. 59), as amended, a gift, by will or otherwise, of all or part of his body conditioned upon the donor's death. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1974. GEORGIA HIGHER EDUCATION ASSISTANCE AUTHORITY ACT AMENDEDVETERANS PRIORITY PROVIDED, ETC. No. 1251 (House Bill No. 1584). An Act to amend an Act creating the Georgia Higher Education Assistance Authority, approved April 25, 1969 (Ga. L. 1969, p. 683), as amended, so as to authorize the Authority to establish and administer a program of student incentive scholarships; to provide for veterans priority in the incentive scholarship program; to authorize the Authority to provide for a program of guaranteed loans to students; to provide for priority of students in critical paramedical, educational and professional fields of study; to provide for veterans priority in the guaranteed loan program; to provide for certification of veterans priority by the State Department of Veterans Service; to provide for other matters relative to the foregoing; to provide an

Page 1119

effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Georgia Higher Education Assistance Authority, approved April 25, 1969 (Ga. L. 1969, p. 683), 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. (a) The Authority is authorized to establish and administer a program of incentive scholarships to students at undergraduate post-secondary education levels pursuant to provisions of Section 415(A-D) of subpart 3, Part A of Title IV of the federal Higher Education Act of 1965, as amended, particularly by the Education Amendments of 1972 (P. L. 92-318), and as may be hereafter amended, and regulations promulgated pursuant thereto. The Authority is authorized to use such funds as may become available to the Authority for this purpose and to prescribe such rules and regulations as may be necessary for administration of the student incentive scholarship program. Residents of Georgia for a period of at least twelve months immediately preceding their date of registration in a branch of the University System of Georgia; a private college or university which is an approved institution for purposes of an Act providing for grants to citizens of Georgia who are students attending colleges or universities in this State which are not branches of the University System of Georgia, approved April 14, 1971 (Ga. L. 1971, p. 906), as amended; a college or university receiving State funds under the Junior College Act of 1958, approved February 20, 1958 (Ga. L. 1958, p. 47), as amended; a State-supported vocational/technical school; or in an accredited or approved nonprofit hospital school of nursing, provided such post-secondary educational institution is located in the State of Georgia, shall be eligible to make application for a student incentive scholarship. Depending upon the amount of federal, State and other funds available to the Authority for purposes of this program, priority in the award of student incentive scholarships shall be given

Page 1120

first to first-year students; second, to second-year students; third, to third-year students and fourth to undergraduate students without regard to their field of study. Until the amount of funds available to the Authority for the purposes of this program is sufficient to provide assistance to qualifying students at all undergraduate levels, such assistance shall be limited to full-time students, and the maximum student incentive scholarship that may be awarded to any student shall not exceed $450 per academic year. Georgia veteran students otherwise eligible and qualifying to receive a student incentive scholarship under this program shall have priority and be eligible to receive a scholarship without regard to their undergraduate academic level or classification to the extent that a designated amount of funds for incentive scholarships to veteran students is committed for their use and benefit in annual Appropriations Act of the General Assembly. No student shall be eligible to receive a student incentive scholarship for a period of more than five academic years. (b) The Authority is authorized to provide for a program of guaranteed loans to students and to use funds made available to the Authority other than pursuant to the bond provisions contained in this Act for the purpose of making educational loans to eligible students enrolled or accepted for enrollment at eligible educational institutions upon such terms and conditions as the Authority may prescribe. The Authority shall not be authorized to make an educational loan under this Section unless such loan shall be first approved and guaranteed by the Georgia Higher Education Assistance Corporation. In order to obtain such guarantee of the Corporation, the Authority is authorized to comply with all provisions of State and federal law, rules, regulations and agreements respecting guarantee of educational loans by the Corporation. To the extent that authorizations shall be provided in annual Appropriations Acts of the General Assembly, the Authority shall, in making loans, give priority to students in critical paramedical, professional and educational fields of study, and such loans shall be repayable in cash, with interest at seven percent per annum as in the case of other guaranteed student loans, or cancelled in consideration of the student practicing his profession

Page 1121

in a community or site of employment in the State approved for his purpose by the Georgia State Scholarship Commission pursuant to provisions of an Act creating the State Scholarship Commission, approved March 12, 1965 (Ga. L. 1965, p. 210), as amended. The amount of loans made to students which may be cancelled in consideration of services rendered as provided by law shall be limited to the amount of authorizations for such loan purposes provided in annual Appropriations Acts of the General Assembly, which amount, for cancellation purposes, shall be cumulative from year to year. Veterans shall, as among new students applying for loans, be given priority over other new students to the extent provided in annual Appropriations Acts of the General Assembly. In determining eligibility of a veteran to obtain a guaranteed student loan from the Authority, the Authority shall exclude consideration of educational benefits being received by the veteran under Chapter 34 of Title 38, United States Code (Veterans Educational Assistance38U.S.C. 1651 et.seq.). Payment of interest by a veteran accruing on a loan prior to maturity of the loan shall, if not paid when due, be deferred by the Authority until maturity and conversion of the loan to a monthly installment payment basis, at which time accrued interest shall be paid or otherwise added to the principal amount of the installment note. (c) `Veteran' as used above shall mean any person whose active service with the armed forces was for not less than one year unless such person received an honorable discharge from such service for medical reasons directly connected with such service, who was honorable discharged from the service, and who was a resident of Georgia at the time of entry into the armed forces. (d) Upon request of the Authority, the State Department of Veterans Service shall certify to the Authority whether or not an applicant for a student incentive scholarship or guaranteed educational loan from the Authority meets the service, honorable discharge and prior Georgia residency requirements set forth in sections 6A(a) and 6A(b) above.

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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. The provisions of this Act pertaining to veterans receiving priority as set forth in 6A(a) and 6A(b) shall no longer apply after June 30, 1979. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1974. DEPARTMENT OF PUBLIC SAFETYSALARY CHANGES No. 1253 (House Bill No. 1606). 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 April 13, 1973 (Ga. L. 1973, p. 449), so as to change the compensation of certain members of the Department of Public Safety; to prescribe categories and salaries for drivers license examiners; to provide for furnishing of uniforms; to provide for promotion; to provide that any increased compensation provided for by this Act shall not be subject to being increased due to longevity; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Department of Public Safety, approved March 19, 1937 (Ga. L. 1937, p. 322), as amended, particularly by an Act approved April 13, 1973 (Ga. L. 1973, p. 449), is hereby amended by striking from section 2 of Article II the following: 2 Majors $7,850 per year, each 6 Captains $7,230 per year, each 12 1st Lieutenants $6,810 per year, each 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.

Page 1123

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., and inserting in lieu thereof the following: Salaries. 2 Majors $8,242.50 per year, each 6 Captains $7,591.50 per year, each 12 1st Lieutenants $7,150.50 per year, each 2 Sergeant Majors $6,930.00 per year, each 60 Sergeants $6,814.50 per year, each 60 Corporals $6,478.50 per year, each Troopers $5,985.00 per year, each There shall be no more than seven (7) Chief Radio Operators in said department, plus such additional Radio Operators as said department may require. Chief Radio Operators shall be compensated at the rate of $7,533.75 per annum. Radio Operators and Clerk-Dispatchers shall be compensated at the rate of $6,877.50 per annum. All Radio Operators and Clerk-Dispatchers, though not members of the uniform battalion, shall be entitled to the increases hereinafter provided for length of service on such base salary. The Commissioner of Public Safety may employ such License Examiners as said department may require. The Commissioner of Public Safety shall, provide said License

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Examiners with proper uniforms, suitable to the season, which remain the property of the State of Georgia. License Examiners shall consist of the following categories, and said examiners shall be compensated on an annual basis as follows, which compensation shall be paid on a semimonthly or monthly basis: Examiner IV $8,720 per year, each Examiner III $8,120 per year, each Examiner II $7,520 per year, each Examiner I $7,160 per year, each. The Commissioner of Public Safety may initially appoint, on the effective date of this Act, from the ranks of License Examiners, an Examiner IV, and such Examiners II and III as he shall deem necessary to carry out the purposes of said Act. Additionally, all Chief License Examiners on the effective date of said Act shall be designated Examiner III. Except as herein provided, each License Examiner in the Department of Public Safety on the effective date of said Act, shall become an Examiner I. Any Examiner I may be eligible for promotion to Examiner II, after he has served a minimum of two (2) years as Examiner I. Any Examiner II may be eligible for promotion to Examiner III, after he has served a minimum of one (1) year as Examiner II. Any Examiner III may be eligible for promotion to Examiner IV, after he has served a minimum of one (1) year as Examiner III. Section 2. This Act shall become effective on September 1, 1974. Effective date. Section 3. All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1974.

Page 1125

INTOXICATING LIQUORSCERTAIN LICENSE PROVISIONS CHANGED. No. 1254 (House Bill No. 1845). 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 provide for licenses which may be issued under the authority of such Act; to provide the fees for such 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 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 redesignating subsection (d) of section 9 of said Act as subsection (e) and inserting after subsection (c) a new subsection (d), to read as follows: (d) Sale of Distilled Spirits by the Drink for Consumption on Premises: A license for the sale of distilled spirits by the drink for consumption on premises shall authorize the holder to sell such drinks as provided by law and under rules and regulations established pursuant to law by the State Revenue Commissioner. One hundred dollars ($100.00) shall be the annual fee for a license to sell distilled spirits by the drink for consumption on the premises which shall be in addition to any local license or fee. 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, 1974.

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JUVENILE COURT CODE AMENDEDEXPENSES OF JUDGE PROVIDED, ETC. Code Title 24A Amended. No. 1256 (Senate Bill No. 135). An Act to amend Code Title 24A, the Juvenile Court Code of Georgia, so as to provide for expenses of the judge of the juvenile court; to provide for renumbering certain sections and subsections of the Code; to provide for the transfer of questions involving the determination of custody and support of children in certain cases; to provide that a probation officer may not conduct accusatory proceedings against a child who is or may be under his care or supervision; to provide for a time limit for certain hearings; to provide for the recording of proceedings; to provide that the judge may request the assistance of the district attorney or a member of his staff to conduct certain proceedings in the juvenile court; to provide for the appointment of legal counsel in certain circumstances; to provide that the two-year time limitation on the continuance in force of certain orders shall not apply to orders involving the appointment of a guardian of the person or property of a child; to provide that reasonable compensation for services and related expenses of counsel appointed by the court, where appointed by the court to represent the child and when appointed by the court to conduct the proceedings, shall be a charge upon the funds of the county upon certification thereof by the court; 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 Title 24A, the Juvenile Court Code of Georgia, is hereby amended by adding at the end of subsection (e) of Code section 24A-201, relating to the creation of juvenile courts, the following: The Board of Commissioners or the governing authority

Page 1127

of the county in which such court is located, at any meeting, may provide for the reimbursement to the judge of said juvenile court for expenses incurred while on court business outside the jurisdiction of the court., so that when so amended subsection (e) shall read as follows: (e) Except as provided in this Code, the judge or a majority of the judges of the superior court circuit presiding over the county wherein a juvenile court is established by this Code shall appoint the judge or judges of the juvenile court for a term of six years and shall fix the compensation except in those counties wherein the salary of the judge is fixed by legislative Act. No person shall be judge of the juvenile court unless, at the time of his appointment, he shall have attained the age of 30 years, shall have been a citizen of the State three years, and shall have practiced law for three years. In the event more than one juvenile court judge is appointed, one shall be designated presiding judge: Provided, that those judges who were serving in established juvenile courts as of December 31, 1970, shall continue to serve as judges of the said courts until the expiration of the term of office to which they were appointed under the Juvenile Court Act of 1951, as amended. The judge shall be eligible for reappointment. The salary of the juvenile court judge shall be paid out of county funds. The Board of Commissioners or the governing authority of the county in which such court is located, at any meeting, may provide for the reimbursement to the judge of said juvenile court for expenses incurred while on court business outside the jurisdiction of the court. Judges. Section 2. Code Title 24A, the Juvenile Court Code of Georgia, is further amended by inserting prior to the first sentence of Code section 24A-302, relating to appointment of guardian and jurisdiction over custody cases, the following: (a),

Page 1128

and by striking from said section the following: Provided, that, and inserting in lieu thereof the following: Any, and by adding thereto a new subsection, to be known as subsection (b), to read as follows: (b) Courts of record in handling divorce, alimony, or habeas corpus cases involving the custody of a child or children, may transfer the question of the determination of custody and support to the juvenile court for investigation and report back to the superior court or for investigation and determination. If the referral is for investigation and determination, then the juvenile court then shall proceed to handle the matter in the same manner as though the action originated under this Code, in compliance with the order of the superior court. At any time prior to the determination of such question, the juvenile court may transfer the jurisdiction of such question back to the referring superior court., so that when so amended Code section 24A-302 shall read as follows: 24A-302. Appointment of Guardian; Jurisdiction over Custody Cases. (a) The court is hereby vested with jurisdiction to appoint a guardian of the person or property of any child, and with jurisdiction over proceedings involving any child whose custody is the subject of controversy. Any such appointment shall be made pursuant to the same requirements of notice and hearing as are provided for appointments of guardians of the persons and properties of minors by the Ordinary. Code 24A-302 amended. (b) Courts of record in handling divorce, alimony, or habeas corpus cases involving the custody of a child or children, may transfer the question of the determination of custody and support to the juvenile court for investigation

Page 1129

and report back to the superior court. If the referral is for investigation and determination, then the juvenile court then shall proceed to handle the matter in the same manner as though the action originated under this Code, in compliance with the order of the superior court. At any time prior to the determination of such question, the juvenile court may transfer the jurisdiction of such question back to the referring superior court. Section 3. Code Title 24A, the Juvenile Court Code of Georgia, is further amended by adding to the last sentence of subsection (e) of Code section 24A-602 the following: against a child who is or may be under his care or supervision, so that when so amended subsection (e) shall read as follows: (e) take into custody and detain a child who is under his supervision or care as a delinquent, unruly or deprived child if the probation officer has reasonable cause to believe that the child's health or safety or that of another is in imminent danger, or that he may abscond or be removed from the jurisdiction of the court, or when ordered by the court pursuant to this Code. A probation officer may not conduct accusatory proceedings against a child who is or may be under his care or supervision;. Code 24A-602 amended. Section 4. Code Title 24A, the Juvenile Court Code of Georgia, is further amended by striking from the second sentence of subsection (a) of Code section 24A-1701 the following: less, and inserting in lieu thereof the following: later, so that when so amended subsection (a) shall read as follows:

Page 1130

(a) After the petition has been filed the court shall fix a time for hearing thereon, which, if the child is in detention, shall not be later than 10 days after the filing of the petition. In the event said child is not in detention then the court shall fix a time for hearing thereon which shall be not later than 60 days from the date of the filing of said petition. The court shall direct the issuance of a summons to the parents, guardian, or other custodian, a guardian ad litem, and any other persons as appear to the court to be proper or necessary parties to the proceeding, requiring them to appear before the court at the time fixed to answer the allegations of the petition. The summons shall also be directed to the child if he is 14 or more years of age or is alleged to be a delinquent or unruly child. A copy of the petition shall accompany the summons unless the summons is served by publication in which case the published summons shall indicate the general nature of the allegations and where a copy of the petition can be obtained. Code 24A-1701 amended. Section 5. Code Title 24A, the Juvenile Court Code of Georgia, is further amended by striking subsection (b) of Code section 24A-1801, relating to conduct of hearings, in its entirety and inserting in lieu thereof a new subsection (b), to read as follows: (b) Unless waived by the juvenile and his parent, guardian or attorney, the proceedings shall be recorded by stenographic notes or by electronic, mechanical, or other appropriate means., and by adding at the end thereof a new subsection, to be designated subsection (d), to read as follows: (d) In any proceeding before the juvenile court, the judge upon his own motion, may request the assistance of the district attorney or a member of his staff to conduct the proceedings on behalf of the petitioner. If for any reason the district attorney is unable to assist, then the judge may appoint legal counsel for said purpose.,

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so that when so amended Code section 24A-1801 shall read as follows: 24A-1801. Conduct of Hearings. (a) All hearings shall be conducted by the court without a jury. Any hearing may be adjourned from time to time within the discretion of the court as set forth in subsection (e) of section 24A-2201. Code 24A-1801 amended. (b) Unless waived by the juvenile and his parent, guardian or attorney, the proceedings shall be recorded by stenographic notes or by electronic, mechanical, or other appropriate means. (c) The general public shall be excluded from hearings involving delinquency, deprivation or unruliness. Only the parties, their counsel, witnesses, and other persons accompanying a party for his assistance, and any other persons as the court finds have a proper interest in the proceeding or in the work of the court may be admitted by the court. The court may temporarily exclude the child from the hearing except while allegations of his delinquency or unruly conduct are being heard. (d) In any proceeding before the juvenile court, the judge, upon his own motion, may request the assistance of the district attorney or a member of his staff to conduct the proceedings on behalf of the petitioner. If for any reason the district attorney is unable to assist, then the judge may appoint legal counsel for said purpose. Section 6. Code Title 24A, the Juvenile Court Code of Georgia, is further amended by adding to subsection (c) of Code section 24A-2701, relating to limitations of time on orders of disposition, following the words unruliness and deprivation the following: except in an order involving the appointment of a guardian of the person or property of a child, so that when so amended subsection (c) shall read as follows:

Page 1132

(c) Any other order of disposition in a proceeding involving delinquency, unruliness and deprivation except in an order involving the appointment of a guardian of the person or property of a child continues in force for not more than two years. The court may sooner terminate its order or extend its duration for further periods. An order of extension may be made if: Code 24A-2701 amended. (1) a hearing is held prior to the expiration of the order upon motion of a party or on the court's own motion; (2) reasonable notice of the factual basis of the motion, of the hearing and opportunity to be heard are given to the parties affected; (3) the court finds that the extension is necessary to accomplish the purposes of the order extended; and (4) the extension does not exceed two years from the expiration of prior order. Section 7. Code Title 24A, the Juvenile Court Code of Georgia, is further amended by striking from the first section of Code Chapter 24A-32, relating to termination of parental rights, which section is currently designated as section 24-3201, the following: 24-3201, and inserting in lieu thereof the following: 24A-3201, and by striking therefrom the following: (a) the parent has abandoned the child;, and inserting in lieu thereof the following: (1) the parent has abandoned the child;, so that when so amended the first section of Code Chapter

Page 1133

24A-32 shall be redesignated as Code section 24A-3201 and shall read as follows: 24A-3201. Termination of Parental Rights. (a) The court by order may terminate the parental rights of a parent with respect to his child if: Code 24A-3201 amended. (1) the parent has abandoned the child; (2) the child is a deprived child and the court finds that the conditions and causes of the deprivation are likely to continue or will not be remedied and that by reason thereof the child is suffering or will probably suffer serious physical, mental, moral, or emotional harm; (3) the written consent of the parent acknowledged before the court has been given; or (4) a decree has been entered by a court of competent jurisdiction of this or any other state ordering the parent, guardian or other custodian to support the child and the said parent, guardian, or other custodian has wantonly and willfully failed to comply with the order for a period of 12 months or longer. (b) If the court does not make an order of termination of parental rights it may grant an order under section 24A-2301 if the court finds from clear and convincing evidence that the child is a deprived child. Section 8. Code Title 24A, the Juvenile Court Code of Georgia, is further amended by striking from paragraph (3) of Code section 24A-3401 (a), relating to costs and expenses for care of child, the following: court;, and by inserting in lieu thereof the following: court, when appointed by the court to represent the child and when appointed by the court to conduct the proceedings;,

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so that when so amended subsection (a) of Code section 24A-3401 shall read as follows: (a) The following expenses shall be a charge upon the funds of the county upon certification thereof by the court; Code 24A-3401 amended. (1) the cost of medical and other examinations and treatment of a child ordered by the court; (2) the cost of care and support of a child committed by the court to the legal custody of an individual or a public or private agency other than the Department of Family and Children Services (but the court may order supplemental payments, if such be necessary or desirable); (3) reasonable compensation for services and related expenses of counsel appointed by the court, where appointed by the court to represent the child and when appointed by the court to conduct the proceedings; (4) reasonable compensation for a guardian ad litem; (5) the expense of service of summons, notices, subpoenas, travel expense of witnesses, transportation and subsistence and detention of the child, and other like expenses incurred in the proceedings under this Code. Section 9. Code Title 24A, the Juvenile Court Code of Georgia, is further amended by striking from subsection (a) of Code section 24A-3701, relating to appointment of a judge pro tempore, the following: (a), and by striking from said subsection the following: which would have been, and by striking subsection (b) of said Code section in its entirety, so that when so amended Code section 24A-3701 shall read as follows:

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24A-3701. Appointment of Judge Pro Tempore. In the event of the disqualification, illness, or absence of the judge of the juvenile court, the judge of the juvenile court may appoint any attorney at law resident in said county, to serve as judge pro tempore of said juvenile court, and in the event he is absent or unable to make such appointment, the judge of the superior court of that county may so appoint, and such person so appointed shall have the authority to preside in the stead of said disqualified, ill, or absent judge, and shall be paid from the county treasury such emolument as the appointing judge shall prescribe: Provided, however, said emolument shall not exceed the compensation received by the regular juvenile court judge for such services. Code 24A-3701 amended. Section 10. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 11. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1974. WILLSCERTAIN PRIVATE SALES OF PROPERTY BY ADMINISTRATORS AUTHORIZED, ETC. Code 113-1703 Amended. No. 1257 (Senate Bill No. 151). An Act to amend Code section 113-1702, relating to sales by administrators, as amended, so as to permit private sales by administrators; to provide for service of process upon heirs of the estate; to provide the procedures connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. Code section 113-1702, relating to sales by administrators, as amended, is hereby amended by striking said Code section in its entirety and inserting in lieu thereof a new Code section 113-1702, to read as follows: 113-1702. (a) Sale to be at public outcry; hours; continuance from day to day. All public sales made by administrators shall be at public outcry. Beginning at ten o'clock a.m. Eastern Standard Time, or as soon thereafter as practicable, each such sale shall be made following any other sale at public outcry without undue delay. All such sales shall be concluded prior to four o'clock p.m. Eastern Standard Time unless it shall be so advertised. No sale shall be continued from day to day unless so advertised. Good faith is required by the administrator in all cases that the property may be sold in such manner and quantities as shall be deemed most advantageous to the estate. Code 113-1702 amended. (b) In addition to the laws now existing for the sale of property by administrators, the duly appointed and qualified administrator of an estate may petition the Ordinary for leave to sell property of the estate, both real and personal, at private sale to pay debts as well as for distribution. Except as hereinafter provided, the method of private sale shall be in the same manner as that prescribed for the sale of property by guardians under Code sections 49-203 and 49-204. Provided, that the ordinary shall consider the petition, and shall hear evidence thereon; and if he shall determine from a consideration of the evidence that the proposed transaction is fair and in the best interests of the estate, he shall by appropriate order permit the sale and direct the disposition of the proceeds of any such sale. (c) The adult heirs of the estate who reside within this State shall be served personally with a copy of the petition and citation. As to such of the heirs who may be minors or incompetents, and reside within this State, as disclosed by the petition, the Ordinary shall, upon the petition being filed, appoint a guardian or guardians ad litem for such minors and incompetents, who shall be served with a copy of the petition and citation, and such guardian or guardians

Page 1137

ad litem shall make answer to the petition. As to such minor or incompetent heirs who may reside without the State as disclosed by the petition, service shall be made by the Ordinary by registered or certified mail to the last known address of such minors or incompetents, and a guardian or guardians ad litem shall be appointed by the Ordinary, upon the petition being filed, for such minors or incompetents, as heretofore provided. As to such of the competent adult heirs who reside without the State, service shall be made by the Ordinary upon such adults by registered or certified mail, to the last known address of such heirs. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1974. UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS ACT AMENDEDNO PERSON WEARING CERTAIN DEVICES SHALL OPERATE MOTOR VEHICLES. No. 1258 (Senate Bill No. 469). An Act to amend an Act known as the Uniform Act Regulating Traffic on Highways, approved January 11, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 556), as amended, particularly by an Act approved April 14, 1967 (Ga. L. 1967, p. 542), so as to provide that no person shall operate a motor vehicle while wearing certain devices; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Uniform Act Regulating Traffic on Highways, approved January 11, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 556), as amended, particularly by an Act approved April 14, 1967 (Ga. L. 1967, p. 542), is hereby amended by adding at the end of Section 96,

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Article XIII, a new subsection, to be designated subsection (d), to read as follows: (d) No person shall operate a motor vehicle while wearing a headset, headphone, listening device, or other instrument or device which would impair such person's ability to hear nor shall any person wear any device while operating a motor vehicle which impairs such person's vision. The provisions of this subsection shall not apply to hearing aids or instruments for the improvement of defective human hearing, glasses or sunglasses. The provisions of this subsection shall not apply to any law enforcement officer equipped with any communications device necessary in the performance of his duties. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1974. CIVIL PRACTICE ACTMOTION TO SET ASIDE JUDGMENTPROVIDED FOR LACK OF JURISDICTION. No. 1259 (Senate Bill No. 516). An Act to amend an Act comprehensively and exhaustively revising, superseding and modernizing pretrial, trial and certain post trial procedures in civil cases, approved March 18, 1966 (Ga. L. 1966, p. 609), as amended, so as to provide that a motion to set aside shall lie to attack a judgment based upon a lack of jurisdiction over the person or subject matter, regardless of whether such lack of jurisdiction appears upon the face of the record or pleading; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act comprehensively and exhaustively revising,

Page 1139

superseding and modernizing pretrial, trial and certain post trial procedures in civil cases, approved March 18, 1966 (Ga. L. 1966, p. 609), as amended, is hereby amended by striking subsection (d) of section 60 in its entirety and inserting in lieu thereof a new subsection (d), to read as follows: (d) Motion to set aside. A motion to set aside must be predicated upon some nonamendable defect which does appear upon the face of the record or pleadings, or a motion to set aside shall also lie to attack a judgment based upon lack of jurisdiction over the person or subject matter, regardless of whether such lack of jurisdiction appears upon the face of the record of pleadings. To be subject to motion to set aside, it is not sufficient that the complaint or other pleading fail to state a claim upon which relief can be granted, but the pleadings must affirmatively show that no claim in fact existed. 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, 1974. TEACHERS' RETIREMENT SYSTEMCERTAIN MINIMUM RETIREMENT ALLOWANCE PROVIDED, ETC. No. 1260 (Senate Bill No. 530). An Act to amend an Act establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, particularly by an Act approved April 17, 1973 (Ga. L. 1973, p. 895), so as to provide that the minimum retirement allowance for members shall apply to public schoolteachers who retired pursuant to a county,

Page 1140

municipal or local board of education retirement or pension system; to provide for all matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, particularly by an Act approved April 17, 1973 (Ga. L. 1973, p. 895), is hereby amended by adding at the end of subsection (2) of section 5 a new paragraph (f) to read as follows: (f) Any provisions of this Act or any other law to the contrary notwithstanding, the minimum retirement allowance provided by paragraph (e) of this subsection shall be applicable to retired public schoolteachers who retired pursuant to a county, municipal or local board of education retirement or pension system. Effective January 1, 1975, such retired public schoolteachers shall be deemed to be members of this retirement system for the purposes of said paragraph (e) of this subsection. Beginning with such date, the Board of Trustees is hereby authorized and directed to pay directly to each such retired public schoolteacher a monthly retirement allowance which shall be equal to the difference between the retirement allowance received by such retired public schoolteacher pursuant to such county, municipal or local board of education retirement or pension system and the minimum retirement allowance provided for by said paragraph (e) of this subsection. Section 2. This Act shall become effective as provided by section 3 hereof, only in the event an amendment to the Constitution authorizing the General Assembly to provide by law, from time to time, for the increase of retirement or pension benefits of retired public schoolteachers who retired pursuant to a retirement or pension system of a county, municipality or local board of education is ratified at the general election conducted in 1974. If such amendment to the Constitution is not ratified at said general election, this Act shall be null, void and of no force and effect.

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Section 3. This Act shall not become effective until funds are appropriated by the General Assembly to carry out the provisions of this Act. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1974. TEACHERS' RETIREMENT SYSTEMPROVISIONS RELATING TO CREDITABLE SERVICE CHANGED, ETC. No. 1261 (Senate Bill No. 535). 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 amount of creditable service which a member must have to be eligible to retire; to change the provisions relative to reduction of benefits; to provide for other matters relative thereto; to provide that this Act shall not become effective until funds are available to implement 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 the Teachers' Retirement System, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, is hereby amended by striking paragraph (a) of subsection (1) of section 5 in its entirety and inserting in lieu thereof a new paragraph (a) to read as follows: (a) Any member in service may retire upon written application to the Board of Trustees provided that the said member at the time of retirement shall have attained the age of 60 years and shall have 10 years or more of creditable service, or shall have 35 years or more of creditable service if such person retires prior to July 1, 1974, or shall have

Page 1142

31 years or more of creditable service if such person retires on July 1, 1974, or at any time thereafter. The effective date of retirement will be the first of the month in which the application is received by the Board of Trustees; however, no retirement application will be effective earlier than the first of the month following the final month of the applicant's employment. Applications for retirement will not be accepted more than 90 days in advance of the effective date of retirement. Section 2. Said Act is further amended by striking paragraph (c) of subsection (2) of section 5 in its entirety and substituting in lieu thereof a new paragraph (c) to read as follows: (c) In the case of the retirement of any member who has less than 35 years of creditable service, if such member retires prior to July 1, 1974, or less than 31 years of creditable service if such member retires on or after July 1, 1974, or who has not attained the age of 62 years, the service allowance above described shall be reduced by 1/12 of 3% for each month by which his age at the time of retirement is below 62 years. The aforesaid reduction shall not apply in calculating the service allowance for disability retirement or death. Any retirement benefits or allowance provided or authorized by this Act shall not increase the employer contributions beyond the percentage rate of 9.00% of teachers' salaries. Section 3. This Act shall not become effective until funds are available to implement the provisions of this Act. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1974.

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WORKMEN'S COMPENSATIONFELLOW EMPLOYEES EXCLUDED AS THIRD PARTY TORTFEASORS, ETC. Code Title 114 Amended. No. 1263 (Senate Bill No. 602). An Act to amend Code Title 114, relating to Workmen's Compensation, as amended, so as to exclude fellow employees as third party tortfeasors; to change the minimum number of employees for coverage; to delete certain provisions exempting employees of public charities from coverage; to increase the maximum limit of compensation relative to total incapacity; to increase the maximum limit of compensation relative to partial incapacity; to change the provisions relative to compensation for injuries by increasing percentum used in computing compensation and to provide compensation for traumatic partial loss of hearing; to provide compensation for loss of hearing caused by harmful noise in the employment; to define the intensity and duration of harmful noise; to provide a method for determining degree of hearing loss, entitlement to and amount of compensation; to provide a maximum limit for total compensation payable to dependents; to change the provisions limiting compensation for two injuries by deleting the limitation to the same employment; to change the provisions limiting compensation for two permanent injuries by deleting the limitation to the same employment, and by increasing weeks and limit of compensation to conform to related sections; to authorize hearings to be set in any county adjacent to county of accident where such would facilitate hearings; to clarify and revise the provisions for prorating the expenses of the State Board of Workmen's Compensation; to authorize the Attorney General to enforce collection of assessments; to provide for penalties; to provide for other matters relative to the foregoing; to provide for effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 1144

Section 1. Code Title 114, relating to Workmen's Compensation, as amended, is hereby amended by striking Code section 114-103 in its entirety and inserting in lieu thereof a new Code section 114-103, to read as follows: 114-103. Other remedies excluded by this law. The rights and the remedies herein granted to an employee shall exclude all other rights and remedies of such employee, his personal representative, parents, dependents, or next of kin, at common law or otherwise, on account of such injury, loss of service or death: Provided, however, that no employee shall be deprived of any right to bring an action against any third-party tortfeasor, except employees of the same employer. Code 114-103 amended. Section 2. Said Code Title is further amended by striking Code section 114-107 in its entirety and inserting in lieu thereof a new Code section 114-107, to read as follows: 114-107. Employers and employees to whom law inapplicable; intrastate common carriers, farm laborers, domestic servants, and others. This Code 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 Code 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 law 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 employers of such employees; nor to any persons, firm or private corporation, including any public service corporation, that has regularly in service less than three 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 Code section 114-404 in its entirety and inserting in lieu thereof a new Code section 114-404, to read as follows:

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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 $80 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 Code section 114-405 in its entirety and inserting in lieu thereof a new Code section 114-405, to 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 difference between his average weekly wages before the injury and the average weekly wages which he is able to earn thereafter, but not more than $55.00 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 $17,500.00. Code 114-405 amended. Section 5. Said Code Title is further amendd by striking Code section 114-406 in its entirety and inserting 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

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injuries, the permanent partial industrial handicap in each case shall be compensated by payments at the rate 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 amended. (a) Loss of a thumb, 66 2/3 per centum of the average weekly wages during 60 weeks. (b) Loss of a first finger, commonly called the index finger, 66 2/3 per centum of the average weekly wages during 40 weeks. (c) Loss of a second finger, 66 2/3 per centum of the average weekly wages during 35 weeks. (d) Loss of a third finger, 66 2/3 per centum of the average weekly wages during 30 weeks. (e) Loss of a fourth finger, commonly called the little finger, 66 2/3 per centum of the average weekly wages during 25 weeks.

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(f) Loss of the first phalange of the thumb or any finger shall be considered to be equal to the loss of one-half 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, 66 2/3 per centum of the average weekly wages during 30 weeks. (i) Loss of one of the toes other than a great toe, 66 2/3 per centum of the average weekly wages during 20 weeks. (j) Loss of the first phalnage 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, 66 2/3 per centum of the average weekly wages during 160 weeks. (m) Loss of an arm, 66 2/3 per centum of the average weekly wages during 200 weeks. (n) Loss of a foot, 66 2/3 per centum of the average weekly wages during 135 weeks. (o) Loss of a leg, 66 2/3 per centum of the average weekly wages during 225 weeks. (p) Loss of an eye, 66 2/3 per centum of the average weekly wages during 125 weeks. (q) Complete loss of hearing in both ears, 66 2/3 per centum of the average weekly wages during 150 weeks.

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(r) Complete loss of hearing in one ear, 66 2/3 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 traumatic partial loss of hearing, 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 adding, immediately following Code section 114-406, a new Code section to be numbered 114-406.1, to read as follows: 114-406.1. Loss of hearing caused by harmful noise in the employment. Compensation, based on 66 2/3 percent of average weekly wages, subject to limitations of Code section 114-404, shall be payable for loss of hearing caused by harmful noise in the employment, subject to the following rules which shall be applicable in determining eligibility,

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amount and period during which compensation shall be payable: Code 114-406.1 enacted. (a) The term `harmful noise' means sound in employment capable of producing occupational loss of hearing as hereinafter defined. Sound of an intensity of less than 90 decibels, A scale, shall be deemed incapable of producing occupational loss of hearing as defined in this section. (b) `Occupational loss of hearing' shall mean a permanent sensorineural loss of hearing in both ears caused by prolonged exposure to harmful noise in employment. Except in instances of preexisting loss of hearing due to disease, trauma, or congenital deafness in one ear, no compensation shall be payable under this subdivision unless prolonged exposure to harmful noise in employment has caused loss of hearing in both ears as hereinafter provided. (c) No compensation benefits shall be payable for temporary total or temporary partial disability under this subdivision and there shall be no award for tinnitus or a psychogenic hearing loss. (d) An employerer shall become liable for the entire occupational hearing loss to which his employment has contributed, but if previous deafness is established by a hearing test or other competent evidence, whether or not the employee was exposed to harmful noise within six months preceding such test, the employer shall not be liable for previous loss so established, nor shall he be liable for any loss for which compensation has previously been paid or awarded and the employer shall be liable only for the difference between the percent of occupational hearing loss determined as of the date of disability as herein defined and the percentage of loss established by the preemployment and audiometric examination excluding, in any event, hearing losses arising from nonoccupational causes. (e) In the evaluation of occupational hearing loss, only the hearing levels at the frequencies of 500, 1,000 and 2,000 cycles per second shall be considered. Hearing losses for frequencies below 500 and above 2,000 cycles per second

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are not to be considered as constituting compensable hearing disability. (f) The employer liable for the compensation in this section shall be the employer in whose employment the employee was last exposed to harmful noise in Georgia during a period of 90 working days or parts thereof, and an exposure during a period of less than 90 working days or parts thereof shall be held not to be an injurious exposure; provided, however, that in the event an insurance carrier has been on the risk for a period of time during which an employee has been injuriously exposed to harmful noise, and if after insurance carrier goes off the risk said employee has been further exposed to harmful noise, although not exposed for 90 working days or parts thereof so as to constitute an injurious exposure, such carrier shall, nevertheless, be liable. (g) The percentage of hearing loss shall be calculated as the average, in decibels, of the thresholds of hearing for the frequencies of 500, 1,000 and 2,000 cycles per second. Pure tone air conduction audiometric instruments, properly calibrated according to accepted national standards such as American Standards Association, Inc. (ASA), International Standards Organization (ISO), or American National Standards Institute, Inc. (ANSI), shall be used for measuring hearing loss. If more than one audiogram is taken, the audiogram having the lowest threshold will be used to calculate occupational hearing loss. If the losses of hearing average 15 decibels (26 db if ANSI or ISO) or less in the three frequencies, such losses of hearing shall not constitute any compensable hearing disability. If the losses of hearing average 82 decibels (93 db if ANSI or ISO) or more in the three frequencies, then the same shall constitute and be total or one hundred percent (100%) compensable-hearing loss. In measuring hearing impairment, the lowest measured losses in each of the three frequencies shall be added together and divided by three to determine the average decibel loss. For each decibel of loss exceeding 15 decibels (26 db if ANSI or ISO) an allowance of one and one-half percent (1%) shall be made up to the maximum of one hundred percent (100%) which is reached at 82 decibels

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(93 db if ANSI or ISO). In determining the binaural percentage of loss, the percentage of impairment in the better ear shall be multiplied by five. The resulting figure shall be added to the percentage of impairment in the poorer ear, and the sum of the two divided by six. The final percentage shall represent the binaural hearing impairment. (h) There shall be payable for total occupational loss of hearing in both ears 150 weeks of compensation, and for partial occupational loss of hearing in both ears such proportion of these periods of payment as such partial loss bears to total loss. (i) No claim for compensation for occupational hearing loss shall be filed until after six months have elapsed since exposure to harmful noise with the last employer. The last day of such exposure shall be the date of disability. The regular use of employer-provided protective devices capable of preventing loss of hearing from the particular harmful noise where the employee works shall constitute removal from exposure to such particular harmful noise. (j) No consideration shall be given to the question of whether or not the ability of an employee to understand speech is improved by the use of a hearing aid. The Georgia Workmen's Compensation Board may order the employer to provide the employee with an original hearing aid if it will materially improve the employee's ability to hear. (k) No compensation benefits shall be payable for loss of hearing caused by harmful noise if employee fails to regularly utilize employer-provided protection device or devices, capable of preventing loss of hearing from the particular harmful noise where the employee works. Section 7. Said Code Title is further amended by striking Code section 114-409 in its entirety and inserting in lieu thereof a new Code section 114-409, to read as follows: 114-409. Two injuries. If an employee receives an injury for which compensation is payable, while he is still receiving or entitled to compensation for a previous injury,

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he shall not at the same time be entitled to compensation for both injuries, unless the later injury is a permanent injury, such as specified in sections 114-406 and 114-406.1; but he shall be entitled to compensation for that injury and from the time of that injury which will cover the longest period and the largest amount payable under this Code Title. Code 114-409 amended. Section 8. Said Code Title is further amended by striking Code section 114-410 in its entirety and inserting in lieu thereof a new Code section 114-410, to read as follows: 114-410. Two permanent injuries. If an employee receives a permanent injury as specified in section 114-406, after having sustained another permanent injury, he shall be entitled to compensation for both injuries, but the total compensation shall be paid by extending the period and not by increasing the amount of weekly compensation, and in no case exceeding 400 weeks. When the previous and subsequent permanent injuries received result in total disability, compensation shall be payable for permanent total disability, but payments made for the previous injury shall be deducted from the total payment of compensation due. In no event shall the total amount of compensation paid exceed $32,000. Code 114-410 amended. Section 9. Said Code Title is further amended by striking Code section 114-413 in its entirety and inserting in lieu thereof a new Code section 114-413, to read as follows: 114-413. Death from causes other than injury; death resulting from injury; expenses of last sickness and funeral; dependents. When an employee is entitled to compensation under this Code Title for an injury received, and death ensues from any cause not resulting from the injury for which he was entitled the compensation, payments of the unpaid balance for such injury shall cease and all liability therefor shall terminate. Code 114-413 amended. If death results instantly from an accident arising out of and in the course of employment, or if during the period of disability caused by an accident death results proximately

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therefrom, the compensation under this Code Title shall be as follows: (a) The employer shall, in addition to any other compensation, pay the reasonable expenses of the employee's last sickness, and burial expenses not to exceed $750. If the employee leaves no dependents, this shall be the only compensation. (b) The employer shall pay the dependents of the deceased employee, wholly dependent on his earnings for support at the time of the injury, a weekly compensation equal to the compensation which is provided for in section 114-404 for total disability, for a period not to exceed 400 weeks from date of injury. (c) If the employee leaves dependents only partially dependent on his earnings for their support at the time of his injury, the weekly compensation for these dependents shall be in the same proportion to the compensation for persons wholly dependent as the average amount contributed weekly by the deceased to the partial dependents bears to his average weekly wages at the time of his injury. (d) When weekly payments have been made to an injured employee before his death, compensation to dependents shall begin on the date of the last of such payments, but the number of weekly payments made to the injured employee under section 114-404 shall be subtracted from the maximum of 400 weeks provided by this section, so that the duration of payments made to the dependents under this section plus the weekly payments made to the injured employee under section 114-404 shall not exceed a total of 400 weeks, and in no case shall payments be made to dependents except during dependency. (e) If the employee does not leave dependents, citizens of or residing at the time of the accident in the United States or Dominion of Canada, the amount of compensation shall not in any case exceed $1,000.

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The compensation provided for in this section shall be payable only to dependents and only during dependency. The total compensation payable under this section shall in no case exceed $27,500. Section 10. Said Code Title is further amended by striking Code section 114-706 in its entirety and inserting in lieu thereof a new Code section 114-706, to 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 Code 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. If the injury occurred within this State, the hearing may be held in the county where the injury occurred, or any contiguous county of the State which will, in the discretion of the Board, expedite or be most convenient for a hearing, unless otherwise agreed to by the parties and authorized by the Board. If the injury occurred without the State and is one for which compensation is payable under this Code Title, then the hearing above referred to may be held in the county of the employer's residence or place of business, or in any other county of the State which will in the discretion of the Board be the most convenient for a hearing. At any time after notice of request that a claim be set for hearing, if either party desires to take the testimony of any person within or without the State, including a party, by deposition upon oral examination or written interrogatories, whether for submission as evidence or for the purpose of discovery, or both, he may take such testimony in accordance with the procedural rules then in

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effect in civil cases in the superior courts of this State: Provided, that any testimony taken pursuant to this section may, within the discretion of the presiding deputy director, director, or directors, be admissible as evidence at said hearing and all future related hearings whether or not the deponent is available to testify in person at the hearing, whether or not he in fact does testify, and whether or not the testimony was originally taken for the purpose of discovery or evidence or both. 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 Code Title shall be satisfied by sending such notice to the address of record by registered or certified mail. Code 114-706 amended. Section 11. Said Code Title is further amended by striking Code section 114-717 in its entirety and inserting in lieu thereof a new Code section 114-717, to read as follows: 114-717. Prorating of Board's expenses. Reports. Audits. The total expenses of the State Board of Workmen's Compensation shall be prorated among the qualified insurance companies writing compensation insurance in this State, hereinafter referred to as insurers, and employers not covered by workmen's compensation insurance written by these companies, hereinafter referred to as others, including, but not limited to, the State, counties, municipalities, and any political subdivisions or authorities thereof, on the basis, in the case of the insurers, of the gross earned premium; in the case of others on the basis of the amount of premium which they would have to pay in the event they had insured their liability with an insurer. Prorated assessments based on the experience of the previous calendar year shall be made on July 1, based on the budget of the State Board of Workmen's Compensation for that fiscal year. Sworn reports of the compensation premium writing of the insurers and sworn payroll statements of others for the preceding calendar year shall be filed with the State Board of Workmen's Compensation not later than March 1 of each year.

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The books of the Board shall be audited annually, and a copy of such audit shall be available for inspection during normal business hours to all parties among whom the expenses of the Board are prorated. All monies assessed against and that may be payable under this law by the insurers and others shall be paid into the State treasury and by it held as a special fund solely for the operation of the State Board of Workmen's Compensation to administer this law. Code 114-717 amended. The Attorney General shall enforce collection against insurers and others failing to comply with the provisions of this section, based on reports of violation furnished by the State Board of Workmen's Compensation and investigation, the costs of collection to be borne by the delinquent party. Violations of the provisions of this Section by an insurer, a private employer, or the governing authority of a public employer shall be punishable as a misdemeanor. Section 12. Section 1 and sections 3 through 10 of this Act shall become effective April 1, 1974, and shall apply to accidental injuries sustained on or after April 1, 1974, unless the context states otherwise. Sections 2 and 11 of this Act shall become effective January 1, 1975. Effective date. Section 13. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1974. MEDICAL PRACTITIONERSLICENSED DOCTORS OF MEDICINE REDEFINED, ETC. Code Chapter 84-9, Amended. No. 1264 (Senate Bill No. 612). An Act to amend Code Chapter 84-9, relating to medical practitioners, as amended, so as to amend the definition of licensed doctors of medicine; to provide for all matters

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relative to the composition, qualifications for membership, filling of vacancies, and duties and powers of the Composite State Board of Medical Examiners; to provide for all matters relative to the employment, duties and powers of such personnel as may be necessary to assist the Composite State Board of Medical Examiners; to provide for the organization, operation and compensation of the Composite State Board of Medical Examiners; to provide for the adoption of such rules and regulations as may be necessary to perform the duties imposed by Code Chapter 84-9; to provide for certain powers in matters relating to the duties of the board; to provide for matters relative to the issuance and renewal of licenses; to provide the power to elicit information from licentiates in renewal applications; to impose the duty to assist in criminal prosecution for violation of Code Chapter 84-9; to provide for all matters relating to the grounds upon which a licentiate may be disciplined, or upon which an applicant may be refused a license; to provide the powers and procedures necessary to enforce the disciplinary section of this Chapter; to provide that the State Board of Medical Examiners may require mental or physical examinations of licentiates or applicants in certain circumstances; to provide for procedures applicable to the reception of evidence relating to a licentiate's or applicant's mental or physical condition; to provide for disciplinary or remedial powers; to provide for the restoration or reissuance of licenses; to provide for investigative subpoenas and the manner of enforcement of such subpoenas; to provide for all matters relative to investigations by or in behalf of the Composite State Board of Medical Examiners, and the records of such investigations; to provide for the records of such investigations; to provide for the admissibility in evidence in a hearing under appropriate procedures of the records and testimony of patients of licentiates or applicants regardless of privileges which such patients might otherwise be able to assert; to provide for privacy in certain deliberations of the Composite State Board of Medical Examiners and in certain communications to licentiates or applicants; to provide for matters relative to the procedures by which hearings shall

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be conducted; to provide for other matters relative to the issuance of provisional licenses; to repeal specific Code sections; 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 Chapter 84-9, relating to medical practitioners, as amended, is hereby amended by striking the following words from the final sentence of section 84-901, relating to the definition of licensed doctors of medicine: who have graduated from a medical college and hold the degree of Doctor of Medicine and, so that when so amended, said Code section shall read as follows: 89-901. 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 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, defects or injuries of human beings. Code 84-901 amended. Provided, however, that the terms `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

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are licensed to practice medicine under the provisions of this Chapter. Section 2. Said Code Chapter is further amended by striking in its entirety Code section 84-902, relating to the creation of a Composite State Board of Medical Examiners, and inserting in lieu thereof a new Code section 84-902 which shall read as follows: 84-902. (a) A board is hereby established, to be known by the name and style of the Composite State Board of Medical Examiners, which board shall be composed of twelve (12) practicing physicians of integrity and ability, who shall be residents of, and have been duly licensed to practice in this State, ten (10) of whom shall be graduated from reputable medical schools conferring the M. D. degree and two (2) of whom shall have graduated from a reputable osteopathic school conferring the D. O. degree, and all of whom shall have been engaged in the active practice of their profession within this State for a period of at least five (5) years. There shall be appointed, as vacancies occur in posts held by holders of the M. D. degree, a board member to represent each Congressional District in the State as hereinafter provided. Any vacancy occurring in a post held by a holder of the D. O. degree shall be filled by a D. O. from the State at large as hereinafter provided. Hereinafter, wherever in this Chapter reference is made to the `State Board of Medical Examiners' or `Board of Medical Examiners' or `board', it shall mean the `Composite State Board of Medical Examiners'. Code 84-902 amended. (b) Said board shall perform such duties, and possess and exercise such powers, relative to the protection of the public health, and the control and regulation of the practice of medicine and osteopathy as this Chapter prescribes and confers upon it and shall have the power to carry out investigations, either through the Joint Secretary or independently. (c) The board shall recommend to the Secretary of State the employment or appointment, and the Secretary of State

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shall appoint or employ such personnel, including but not limited to an executive director, a secretary or secretaries, and investigators, or may contract for the services thereof, as may be necessary to assist the board in exercising or performing any and all of the powers, duties and obligations set forth in this Chapter; provided, however, that the board and the Secretary of State must concur as to the individuals appointed unless the board waives its right to recommend named individuals. Personnel appointed or employed by the board shall be paid such salary or per diem as the board shall recommend and the Secretary of State shall approve, and all such personnel shall receive the necessary expenses incident to carrying out the duties imposed upon them by the board. Such personnel may, but need not be licensed physicians or members of the board; and investigators may be appointed or employed either permanently or temporarily. All such personnel shall be agents of the board and shall be authorized to perform any and all such powers, duties and obligations of the board as the board may direct. All personnel appointed or employed after the effective date of this Code section shall be in the unclassified service as defined in an Act approved March 10, 1971 (Ga. L. 1971, p. 45), relating to the State Merit System. Section 3. Said Code Chapter is further amended by striking in its entirety Code section 84-905, relating to the organization of the Composite State Board of Medical Examiners, and inserting in lieu thereof a new Code section 84-905 which shall read as follows: 84-905. (a) Immediately after the appointment and qualification of the members, said Board of Medical Examiners shall meet and organize and shall elect a president and vice-president. Said board shall operate under the terms of Chapter 84-1, providing for a Joint Secretary of the several State Examining Boards and said Secretary shall serve said board as provided by law. Each member shall receive, for services for each day's attendance upon meetings: the sum of $25.00 and all necessary expenses incident to holding meetings. Code 84-905 amended.

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(b) The board shall hold two regular meetings each year, one in May or June and one in October. Call meetings may be held at the discretion of the President. The board shall adopt a seal, which must be affixed to all licenses issued by the board. (c) The board shall, from time to time, adopt such rules and regulations as they may deem necessary for the performance of their duties and shall examine and pass upon the qualifications of the applicants for the practice of medicine, as herein provided. Section 4. Said Code Chapter is further amended by repealing Code section 84-909, relating to Confederate pensioners, in its entirety. Code 84-909 repealed. Section 5. Said Code Chapter is further amended by striking in its entirety Code section 84-915, relating to issuance and renewal of licenses, and inserting in lieu thereof a new Code section 84-915 which shall read as follows: 84-915. (a) The Board of Medical Examiners shall have authority to administer oaths, to summon witnesses, and to take testimony in all matters relating to its duties. Code 84-915 amended. (b) Said board shall issue licenses to practice medicine to all persons who shall furnish satisfactory evidence of attainments and qualifications under the provisions of this Chapter and the rules and regulations of the board. Such license shall be signed by the President of the State Board of Medical Examiners and attested by the Joint Secretary, State Examining Boards, under the board's adopted seal, and it shall give absolute authority to the person to whom it is issued to practice medicine in this State. It shall be the duty of the Joint Secretary under the direction of the board to aid in the enforcement of this Chapter and in the prosecution of all persons charged with violations of its provisions. (c) The fee for renewal of all licenses issued under this Chapter shall be established by the board, such fees to be commensurate with the costs of fulfilling the statutory

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duties of the board as defined by this Chapter. On or before December 1, the Joint Secretary, State Examining Boards, shall mail to each person holding a current license to practice medicine an application for renewal of his license upon which application the licentiate may be required to furnish such information relative to the licentiate's qualifications to practice medicine as the board may deem necessary, and a statement of the fee. Upon his receipt of the application and renewal fee, the Joint Secretary, acting under the direction of the Composite State Board of Medical Examiners, shall be authorized to renew the license. Failure to apply for renewal of a license and to remit the renewal fee during the month of December shall not withdraw the right of renewal but the renewal fee, if submitted after December 31, shall be three times the regular renewal fee. Section 6. Said Code Chapter is further amended by striking in its entirety Code section 84-916, relating to refusal or revocation of licenses, and inserting in lieu thereof a new Code section 84-916 which shall read as follows: 84-916. (a) The board shall have authority to refuse to grant a license to an applicant, or to discipline a physician licensed under this Chapter or any antecedent law upon a finding by the board that the licentiate or applicant has: Code 84-916 amended. (1) Failed to demonstrate the qualifications or standards for a license contained in this Chapter or the rules and regulations of the board; it shall be incumbent upon the applicant to demonstrate to the satisfaction of the board that he meets all requirements for the issuance of a license, and if the board is not satisfied as to the applicant's qualifications, it shall not issue a license; or (2) Knowingly made misleading, deceptive, untrue, or fraudulent representations in the practice of medicine or in any document connected therewith; or practiced fraud or deceit or intentionally made any false statement in obtaining a license to practice medicine; or made a false or deceptive annual registration with the board; or (3) Been convicted of a felony in the courts of this State

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or any other state, territory, or country. `Conviction of a felony' as used in this Code section 84-916 (a) shall include a conviction of an offense which if committed in this State would be deemed a felony, without regard to its designation elsewhere. For the purposes of this Code section 84-916 (a), a `conviction' shall include a finding or verdict of guilt, a plea of guilty, or a plea of nolo contendere in a criminal proceeding, regardless of whether the adjudication of guilt or sentence is withheld or not entered thereon; or (4) Committed a crime involving moral turpitude, without regard to conviction; the conviction of a crime involving moral turpitude shall be evidence of the commission of such crime. `Conviction' as used herein shall have the meaning prescribed in Code section 84-916 (a) (3). For the purpose of this Chapter, a conviction or plea of guilty or of nolo contendere to a charge or indictment by either federal or state government for income tax evasion shall not be considered a crime involving moral turpitude; or (5) Had his license to practice medicine revoked, suspended, or annulled by any lawful licensing authority; or had other disciplinary action taken against him by any lawful licensing authority; or was denied a license by any lawful licensing authority; or (6) Advertised for or solicited patients; or obtained a fee or other thing of value on the representation that a manifestly incurable disease can be permanently cured; or made untruthful or improbable statements, or flamboyant or extravagant claims concerning his professional excellence; or (7) Engaged in any unprofessional, unethical, deceptive or deleterious conduct or practice harmful to the public, which conduct or practice need not have resulted in actual injury to any person; unprofessional conduct shall also include any departure from, or the failure to conform to, the minimal standards of acceptable and prevailing medical practice; or

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(8) Performed, procured, or aided or abetted in performing or procuring a criminal abortion; or (9) Knowingly maintained a professional connection or association with any person who is in violation of this Chapter or the rules or regulations of the board; or knowingly aided, assisted, procured, or advised any person to practice medicine contrary to this Chapter or to the rules and regulations of the board; or knowingly performed any act which in any way aids, assists, procures, advises or encourages any unlicensed person or entity to practice medicine; or divided fees or agreed to divide fees received for professional services with any person, firm, association, corporation, or other entity for bringing or referring a patient; or engaged in the practice of medicine as an officer or employee of any corporation other than one organized and existing pursuant to the Georgia Professional Association Act, approved April 6, 1961 (Ga. L. 1961, p. 404), as amended, or the Georgia Professional Corporation Act, approved March 11, 1970 (Ga. L. 1970, p. 243), as amended, except as a licensed physician, or intern, or resident of a hospital or teaching institution licensed by this State; or (10) Violated or attempted to violate a statute, or law, or any lawfully promulgated rule or regulation of this State, any other state, the board, the United States, or any other lawful authority (without regard to whether the violation is criminally punishable), which statute, or law, or rule or regulation relates to or in part regulates the practice of medicine, when the licentiate or applicant knows or should know that such action is violative of such statute, law, or rule; or violated a lawful order of the board, previously entered by the board in a disciplinary hearing; or (11) Committed any act or omission which is indicative of bad moral character or untrustworthiness; or (12) Been adjudged mentally incompetent by a court of competent jurisdiction (within or without this State); any such adjudication shall automatically suspend the license of any such person, and shall prevent the reissuance or renewal of any license so suspended for as long as the

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adjudication of incompetence is in effect, unless the board, upon a finding that the licentiate is mentally competent, orders otherwise; any applicant who has been so adjudged to be mentally incompetent shall not receive a license unless the board, upon a finding that the applicant is mentally competent, orders otherwise; or (13) Become unable to practice medicine with reasonable skill and safety to patients by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type of material, or as a result of any mental or physical condition. (i) In enforcing this Code section 84-916(a) (13) the board may, upon reasonable grounds, require a licentiate or applicant to submit to a mental or physical examination by physicians designated by the board. The results of such examination shall be admissible in any hearing before the board, notwithstanding any claim of privilege under a contrary rule of law or statute, including, but not limited to, Georgia Code section 38-418. Every person who shall accept the privilege of practicing medicine in this State, or who shall file an application for a license to practice medicine in this State, shall be deemed to have given his consent to submit to such mental or physical examination, and to have waived all objections to the admissibility of the results in any hearing before the board upon the grounds that the same constitutes a privileged communication. If a licentiate or applicant fails to submit to such an examination when properly directed to do so by the board, unless such failure was due to circumstances beyond his control, the board may enter a final order upon proper notice, hearing, and proof of such refusal. Any licentiate or applicant who is prohibited from practicing medicine under this subsection shall at reasonable intervals be afforded an opportunity to demonstrate to the board that he can resume or begin the practice of medicine with reasonable skill and safety to patients. (ii) For the purposes of this Code section 84-916(a) (13), the board may, upon reasonable grounds, obtain any and all records relating to the mental or physical condition of a licentiate or applicant, including psychiatric records, and

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such records shall be admissible in any hearing before the board, notwithstanding any privilege under a contrary rule of law or statute, including, but not limited to, Georgia Code section 38-418. Every person who shall accept the privilege of practicing medicine in this State, or who shall file an application to practice medicine in this State, shall be deemed to have given his consent to the board's obtaining any such records, and to have waived all objections to the admissibility of such records in any hearing before the board upon the grounds that the same constitute a privileged communication. (iii) If any licentiate or applicant could, in the absence of this Code section 84-916(a) (13), invoke a privilege to prevent the disclosure of the results of the above-mentioned examination, or the above-mentioned records relating to the mental or physical condition of such licentiate or applicant, all such information shall be received by the board in camera and shall not be disclosed to the public, nor shall any part of the record containing such information be used against any licentiate or applicant in any other type of proceeding. (b) (1) When the board finds that any person is unqualified to be granted a license or finds that any person should be disciplined pursuant to subsection (a) of this Code section, the board may take any one or more of the following actions: (i) Refuse to grant a license to an applicant; or (ii) Administer a public or private reprimand, but a private reprimand shall not be disclosed to any person except the licentiate; or (iii) Suspend any license for a definite period; or (iv) Limit or restrict any license; or (v) Revoke any license; or (vi) Condition the penalty, or withhold formal disposition,

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upon the physician's submission to the care, counseling, or treatment of physicians or other professional persons, and the completion of such care, counseling, or treatment, as directed by the board. (2) In addition to and in conjunction with the foregoing actions, the board may make a finding adverse to the licentiate or applicant, but withhold imposition of judgment and penalty, or it may impose the judgment and penalty but suspend enforcement thereof and place the physician on probation, which probation may be vacated upon noncompliance with such reasonable terms as the board may impose. (c) In its discretion, the board may restore and reissue a license to practice medicine issued under this Chapter or any antecedent law, and, as a condition thereof, it may impose any disciplinary or corrective measure provided in this Chapter. (d) The Joint Secretary, State Examining Boards, is hereby vested with the power and authority to make, or cause to be made through employees or agents of the board, such investigations as he, or the board, or any district attorney may deem necessary or advisable in the enforcement of the provisions of this Chapter. Any person properly conducting an investigation on behalf of the board shall have access to and may examine any writing, document, or other material, except that as to which privilege has not been denied or deemed waived by the provisions of this Chapter, which is deemed by the president of the board (or vice-president if the president is not available) to be related to the fitness of any licentiate or applicant to practice medicine. The Joint Secretary or the president of the board (or vice-president if the president is not available) may issue subpoenas to compel such access. When a subpoena is disobeyed, the Board may apply to the superior court of the county where the person to whom the subpoema is issued resides for an order requiring obedience. Failure to comply with such order shall be punishable as for contempt of court. The results of all investigations whatsoever shall be reported only to the board, and the records of such investigations

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shall be kept by the board; no part of any such record shall be released for any purpose other than a hearing before the board, nor shall such records be subject to subpoena. (e) In any hearing to determine a licentiate's or applicant's fitness to practice medicine, any record relating to any patient of the licentiate or applicant shall be admissible into evidence, regardless of any statutory privilege which such patient might otherwise be able to invoke. In addition, no such patient may withhold testimony bearing upon a licentiate's or applicant's fitness to practice medicine on the ground of privilege between such licentiate or applicant and such patient. Any testimony or written evidence relating to a patient of a licentiate or applicant, or to the record of any such patient, shall be received by the board in camera, and shall not be disclosed to the public. (f) In any hearing in which the fitness of a licentiate or applicant to practice medicine is in question, the board may exclude all persons from its deliberation of the appropriate action to be taken, and may, when in its discretion it deems it necessary, speak to a licentiate or applicant in private. (g) The provisions of this Code section are enacted in the public welfare and shall be liberally construed. Section 7. Said Code Chapter is further amended by striking in its entirety Code section 84-917, relating to disciplinary proceedings, and inserting in lieu thereof a new Code section 84-917 which shall read as follows: 84-917. Proceedings before the board wherein a licentiate's right to practice medicine in this State is terminated, suspended, limited or a public reprimand administered shall require prior notice to the licentiate and an opportunity for hearing, and such proceedings shall be considered contested cases within the meaning of the Georgia Administrative Procedure Act, approved March 10, 1964 (Ga. L. 1964, p. 338), as amended. Neither refusal of a license nor a private reprimand shall be considered a contested case within the meaning of the Georgia Administrative Procedure Act and

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notice and hearing within the meaning of that Act shall not be required, but the applicant or physician shall be allowed to appear before the board if he so requests. The power to subpoena as set forth in said Act shall include the power to subpoena any book, writing, paper or document. If any licentiate fails to appear at any hearing after reasonable notice, the board may proceed to hear the evidence against such licentiate and take action as if such licentiate had been present. Code 84-917 amended. Section 8. Said Code Chapter is further amended by repealing the following Code sections in their entirety: Code section 84-918, relating to hearing procedures and powers; Code section 84-919, relating to the failure of a licentiate or applicant to appear at a hearing; Code section 84-920, relating to the appeal from a judgment of the Board of Medical Examiners; Code section 84-921, relating to the payment of certain costs; and Code section 84-923, relating to the restoration of a license after revocation. Repealed Code sections. Section 9. Said Code Chapter is further amended by adding a new Code section, to be designated Code section 84-927.1, which shall read as follows: 84-927.1. The board may, in its discretion, issue a provisional license to an applicant who demonstrates to the board that he possesses all the qualifications and meets all requirements necessary to become a licensed practitioner in this State except for having passed any required examination. In such a case the board may waive the examination requirement and grant a provisional license which shall be valid only so long as the applicant shall practice in the geographic locality specified upon such license. The practitioner so licensed shall renew his license as the board shall specify, but shall do so at least annually, and shall furnish such proof as the board may require that he is practicing in the geographic location specified upon such provisional license. The board shall not issue any such provisional license unless it determines in its discretion that there is an unfulfilled need for such medical services in the locality specified. The board shall have the power to promulgate

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such rules as may be necessary to implement the intent of this Code section. Code 84-927.1 enacted. 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 or 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. Effective date. Section 12. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1974. GAME AND FISHSEASONS FOR COMMERCIAL TAKING OF SHRIMP AND CRABS PROVIDED, ETC. No. 1265 (Senate Bill No. 662). 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 change the count of shrimp per pound required to open or close the season for the commercial taking of shrimp; to provide for a closed season for certain taking of crabs; to specify what sounds may be opened; 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 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 striking subsection (a) of section 94 of said Act which reads as follows: (a) Except as otherwise specifically provided, it shall be unlawful for any person to use a power-drawn net in any of the tidal or salt waters of this State between January 1 and May 31 of any year. Sounds shall be open from September 1 through December 31 of each year unless closed by the Director of the State Game and Fish Commission. The Director of the State Game and Fish Commission shall have the power to close any tidal or salt waters of this State to shrimping or crabbing with power-drawn nets at any time the count of shrimp in such waters exceeds fifty-five (55) shrimp with heads on to the pound. The Director of the State Game and Fish Commission may open any sound to shrimping or crabbing during the months of August or January when the county of shrimp in any sound, during any such month, in below fifty-five (55) shrimp with heads on to the pound. The Director of the State Game and Fish Commission may open any waters outside, on the seaward side, of the sounds during the month of January when the count of shrimp in such outside waters is below fifty-five (55) shrimp with heads on the pound. Officers, agents or representatives duly authorized by the State Game and Fish Commission shall determine by inspection the count of shrimp in the sounds of this State and findings by said authorized officers, agents or representatives shall be conclusive as to the count of shrimp per pound. In order to inform interested persons of the opening or closing of sounds as herein provided, the State Game and Fish Commission shall post notices at the courthouse and on all shrimp docks in the county in which such sounds lie, or in each county in which such sound lie should they be in more than one county, and by any other means as may appear feasible. Such notices shall be posted at least twenty-four (24) hours prior to the closing hour., in its entirety and substituting in lieu thereof a new subsection (a) of section 94 to read as follows:

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(a) Except as otherwise specifically provided, it shall be unlawful for any person to use a power-drawn net in any of the tidal or salt waters of this State between January 1 and May 31 of any year for the commercial taking of shrimp or crabs. All sounds shall be closed to such commercial shrimping or crabbing except that the Commissioner may open Cumberland, St. Simons, Sapelo, St. Andrews, Wassaw or Ossabaw Sounds, or any combination of such sounds, at any time between September 1 and December 31 provided that he had determined that the shrimp in the waters of each such sound to be opened is forty-five (45) or less shrimp with heads on to the pound and he shall close such sounds so opened when he has determined that the shrimp in the waters of such sound exceeds forty-five (45) shrimp with heads on to the pound. The Commissioner may open any waters outside of the sounds during the months of January and February provided that he has determined that the shrimp in such outside waters is fifty (50) or less shrimp with heads on to the pound and he shall close such outside waters so opened when he has determined that the shrimp in such outside waters exceeds fifty (50) shrimp with heads on to the pound. Personnel of the Department of Natural Resources authorized by the Commissioner shall conduct inspections for such shrimp count and a determination by the Commissioner shall be conclusive as to such count. In order to inform interested persons as to the opening and closing of such waters as herein provided, the Commissioner shall post a notice of all such opening and closing at the courthouse and on all shrimp docks and by any other means as may appear feasible. Such notices shall be posted at least twenty-four (24) hours prior to any change in the opening or closing of any such waters. 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, 1974.

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GAME AND FISHCERTAIN BONDS REQUIRED FOR COMMERCIAL SHRIMP AND CRAB BOAT OWNERS, ETC. No. 1266 (Senate Bill No. 663). 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 certain surety bonds; to provide for the forfeiture of certain surety bonds; to provide for other matters relative thereto; to provide for certain criminal offenses and the punishment 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 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 at the end of section 94 a new subsection (i) to read as follows: (i) Upon application for a commercial fishing boat license under the provisions of section 34 of this Act, the owner of such boat, if said boat is to be used for shrimping or crabbing with power-drawn nets, must file with the Commissioner a forfeiture bond in the form prescribed by the Board of Natural Resources executed by a bonding, surety or insurance company licensed to do business in this State in the favor of the State in the amount of five thousand dollars ($5,000.00), conditioned upon the faithful compliance of the provisions of this section or of section 94A of this Act. The term of the bond shall be for one year and shall correspond to the period of the license. When such a bond has been filed, the provision of subsection (d) of this section shall not apply to the boat covered by the bond. The Commissioner shall have the right to recover on the bond for the breach of its conditions whenever said boat is used in violation of the two aforesaid sections of this Act, either

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with or without the knowledge, consent or acquiescence of the owner of said boat as follows: Bond. (1) first violation$500.00; (2) second violation within a two-year period of time of any prior violation$1,000.00; (3) third violation within a two-year period of time of any prior violation$5,000.00; (4) all subsequent violations within a two-year period of time of any prior violation$5,000.00. Every breach or violation after the effective date of this Act shall carry over to all succeeding bonds filed under this provision. The aggregate liability shall not exceed the amount of the bond, however, in the event that the total amount of any bond is forfeited, the commercial fishing boat license shall be suspended until a new bond is filed covering the remainder of the period of the license and any commercial use of the boat shall be unlawful and the owner shall be guilty of a misdemeanor. Nothing in this subsection shall be construed so as to alter or affect the seizure and condemnation of any boat under the provisions of subsection (d) of this Section not covered by the bond provided for in this subsection. Section 2. Said Act is further amended by adding at the end of section 94 a new subsection (j), to read as follows: (j) The captain or person in command of any boat who shall violate or cause to be violated the provisions of this section, with the exception of subsection (i), shall be guilty of a misdemeanor and shall be punished as such subject to a minimum punishment as follows: Penalty. (1) first offensefined not less than $250.00 and be given a mandatory suspension from any fishing for 30 fishing days; (2) second offensefined not less than $500.00 and be

Page 1175

given a mandatory suspension from any fishing for 60 fishing days; (3) third offensefined not less than $500.00 and be given a mandatory suspension from any fishing for one year. Any person who violates a mandatory fishing suspension provided for above shall, upon a proper showing, be subject to imprisonment not to exceed 12 months. 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, 1974. GAME AND FISHPROVISIONS RELATING THE TAKING OF CRABS PROVIDED, ETC. No. 1267 (Senate Bill No. 664). 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 8, 1968 (Ga. L. 1968, p. 202), so as to provide for the taking of crabs in certain waters of the State under certain conditions; to provide that it shall be unlawful to take crabs with certain nets and that the possession of such nets while taking crabs shall be prima facie evidence of violation of said law; to provide that the Board of Natural Resources, by rule or regulation, may suspend the authority to take crabs within certain waters; to provide that it shall be unlawful to take crabs within such water during such suspension; to provide for penalties; to provide for all matters relative to the foregoing;

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to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. 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 8, 1968 (Ga. L. 1968, p. 202), is hereby amended by striking subsection (g) of section 94 of said Act in its entirety and substituting in lieu thereof a new subsection (g) of section 94 to read as follows: (g) Nothing contained in this section shall be construed to prohibit any person from taking crabs with power-drawn nets from any waters outside, on the seaward side, or any sounds at any time during the year or from the waters of Cumberland, St. Simons, Sapelo, St. Andrews, Wassaw and Ossabaw Sounds during the months of January, February and March with four and one-half (4) inch stretched mesh only. It shall be unlawful to use any net for taking crabs, as provided for herein, which has a smaller mesh than four and one-half (4) inch stretched mesh, and the possession of any such smaller mash net while taking crabs shall be prima facie evidence of the violation of this subsection. The Board of Natural Resources, by rule or regulation, may suspend the authority to take crabs from the waters of Cumberland, St. Simons, Sapelo, St. Andrews, Wassaw and Ossabaw Sounds, as provided for herein, when the Board determines that the taking of crabs within said waters would be detrimental to the conservation of crabs. When the authority to take crabs within said waters is suspended by rule or regulation of the Board, it shall be unlawful to take crabs within said waters. Any person violating the provisions of this subsection, upon conviction thereof, shall be subject to the penalties provided by section 5 of the amendatory Act approved March 8, 1968 (Ga. L. 1968, p. 202). 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, 1974. EMPLOYEES' RETIREMENT SYSTEMCERTAIN AGE REQUIREMENTS CHANGED. No. 1270 (House Bill No. 58). 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 December 17, 1953 (Ga. L. 1953 Nov.-Dec. Sess., p. 160), so as to remove the provision relative to age in connection with retirement with 35 years' service; to authorize change in the contribution rate; 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 December 17, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 160), is hereby amended by striking from subsection (11) of section 5 the words: and not less than sixty years of age, so that when so amended said subsection (11) of section 5 shall read as follows: Anything in this Act to the contrary notwithstanding, any member with thirty-five years service shall be paid not less than the service retirement allowance which would have been payable upon service retirement at the age of sixty-five had he continued in service without further change in compensation. Provided, further, that the limitations as to age and length of service provided in section 5,

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subsection (1) (a) of this Act shall not apply to the provisions of subsections (3) and (4) of section 5 of this Act. Section 2. The Board of Trustees of the Employees Retirement System of Georgia may increase the required rate of contribution by the employer not to exceed 8.5% after the next actuarial valuation of the System, in the event the Board deems an increase is necessary to fund the provisions of Section 1 of this Act. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1974. RETIREMENT SYSTEMS FINANCED BY STATE TAX FUNDS MAY POOL FUNDS FOR INVESTMENT PURPOSES, ETC. No. 1271 (House Bill No. 166). An Act to provide that the board of trustees or directors of any two or more retirement systems, financed by State tax funds, by mutual consent, may pool their trust funds for investment purposes; to provide such authority to local retirement systems under certain circumstances; to provide for the accounting of such funds; to provide the procedures connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The board of trustees or directors, by whatever name known, of any two or more retirement systems, financed by State tax funds, pursuant to the mutual consent of such boards, may pool their trust funds for the purposes of joint investment. The board of trustees or directors, by whatever name known, of any two or more local retirement systems funded by a single political subdivision may likewise pool their trust funds under the provisions of this

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law. When such pooling occurs, the board of trustees of the managing retirement system shall account for the pooled trust funds in accordance with generally accepted principles of accounting in order to maintain separate accountability of such funds while under its management. In the event that the trust funds of a retirement system are pooled for investment purposes with one or more retirement systems, the pooled trust funds may be invested in accordance with those provisions of law governing the State Employees' Retirement System notwithstanding any other provisions of law to the contrary. Provided, however, nothing in this Act shall establish a legal provision for combining the Employees' Retirement System with the Teachers' Retirement System. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1974. TEACHERS' RETIREMENT SYSTEMTEACHER REDEFINED TO INCLUDE PUBLIC SCHOOL NURSES UNDER ACT. No. 1272 (House Bill No. 168). An Act to amend an Act establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, so as to change the definition of the term teacher; to provide that public school nurses employed by public school systems may become members of said Retirement System; to provide for the payment of certain of the employer's share; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, is hereby amended by adding at the end of subsection (5) of section 1 the following:

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The word `teacher' shall also include public school nurses who are employed on a regular basis as much as one-half time or more. The employer's contributions for such public school nurses on all salary amounts which are not paid from State funds shall be paid from local funds. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1974. DISTRICT ATTORNEYS' RETIREMENT FUND ACT AMENDED. No. 1274 (House Bill No. 235). An Act to amend an Act entitled, An Act to provide for the creation of the office of district attorney emeritus; to prescribe eligibility for incumbents; to provide the terms, duties and compensation to incumbents; to create the District Attorneys' Retirement Fund of Georgia; to provide for trustees thereof; to provide for payments into and disbursements from said Fund; and for other purposes., approved February 17, 1949 (Ga. L. 1949, p. 780), as amended, so as to provide that any time served by a district attorney as a member of the General Assembly not to exceed three years and any time served as an attorney for the State or any Authority thereof on a salary basis, may be counted in computing the number of years of service required of a district attorney by said Act; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act entitled, An Act to provide for the creation of the office of district attorney emeritus; to prescribe eligibility for incumbents; to provide the terms, duties and compensation to incumbents; to create the District Attorenys' Retirement Fund of Georgia; to provide for

Page 1181

trustees thereof; to provide for payments into and disbursements from said Fund; and for other purposes., approved February 17, 1949 (Ga. L. 1949, p. 780), as amended, is hereby amended by striking the last paragraph in section 9, which reads as follows: Provided, further, that in computing years of service as a district attorney for any purpose under this Act, any time served as a member of the General Assembly not to exceed three years and any time served as an attorney for the State or any Authority thereof on a salary basis, may be counted in computing the number of years of service required of any district attorney if he shall pay into the Retirement Fund the maximum payment provided by this Act for each year of service actually served as a member of the General Assembly not to exceed three years and any time served as an attorney for the State or any Authority thereof on a salary basis, plus interest on each payment at the rate of six percent per annum, such payment to be made within six months after the effective date of this Act. In computing such credit, any such district attorney shall be credited for a full year for each year of membership in the General Assembly of Georgia and a full year for each year he served as an attorney for the State or any Authority thereof on a salary basis., and inserting in lieu thereof a new paragraph, to read as follows: Provided, further, that in computing years of service as a district attorney for any purpose under this Act, any time served as a member of the General Assembly not to exceed three years and any time served as an attorney for the State or any Authority thereof on a salary basis, may be counted in computing the number of years of service required of any district attorney if he shall pay into the Retirement Fund the maximum payment provided by this Act for each year of service actually served as a member of the General Assembly not to exceed three years and any time served as an attorney for the State or any Authority thereof on a salary basis, plus interest on each payment at the rate

Page 1182

of six percent per annum, such payment to be made on or before June 30, 1974. In computing such credit, any such district attorney shall be credited for a full year for each year of membership in the General Assembly of Georgia and a full year for each year he served as an attorney for the State or any Authority thereof on a salary basis. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1974. MOTOR VEHICLESDRIVER'S LICENSE SUSPENSION REGULATIONS CHANGED, ETC. No. 1275 (House Bill No. 246). An Act to amend an Act establishing a violation point system for the assessment of points for various moving traffic violations and providing for the suspension of drivers' licenses of persons accumulating certain points within certain periods of time, approved March 27, 1968 (Ga. L. 1968, p. 430), as amended, so as to increase the period of time within which points may be accumulated which would result in the suspension of the driver's license; to change the provisions for retaining points after the reinstatement of a license; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a violation point system for the assessment of points for various moving traffic violations and providing for the suspension of drivers' licenses of persons accumulating certain points within certain periods of time, approved March 27, 1968 (Ga. L.

Page 1183

1968, p. 430), as amended, is hereby amended by striking section 3 in its entirety and substituting in lieu thereof, the following: Section 3. The Director shall suspend the driver's license for a period of not more than one year of any person who has accumulated a violation point count of 15 or more points in any consecutive 24 month period. Upon the reinstatement of the license, the violation point count of such person shall be reduced to zero. Section 2. The provisions of this Act shall be effective prospectively only. No person whose license has not heretofore been subject to suspension shall have his license suspended until he commits an offense hereafter which results in additional points being accumulated. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1974. RETIREMENTSUPERIOR COURT CLERKSCERTAIN MILITARY SERVICE CREDITED. No. 1277 (House Bill No. 323). An Act to amend an Act providing retirement benefits for the clerks of the superior courts of Georgia, approved February 15, 1952 (Ga. L. 1952, p. 238), as amended, particularly by an Act approved March 23, 1972 (Ga. L. 1972, p. 352), so as to provide that certain service as a member of the armed forces of the United States during certain periods may be included in computing the required number of years of service in order to be eligible to receive retirement benefits; 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:

Page 1184

Section 1. An Act providing retirement benefits for the clerks of the superior courts of Georgia, approved February 15, 1952 (Ga. L. 1952, p. 238), as amended, particularly by an Act approved March 23, 1972 (Ga. L. 1972, p. 352), is hereby amended by striking from subsection (a) of section 9 the following: Subject to the restrictions set out herein, clerk, in computing such service, may include service as a deputy clerk of the superior court., and inserting in lieu thereof the following: Subject to the restrictions set out herein, a clerk, in computing such service, may include service as a deputy clerk of the superior court and may include not more than four years of service as a member of the armed forces of the United States served on active duty during any period of time in which the United States was engaged in an armed conflict, regardless of whether a state of war had been declared by Congress., so that when so amended, subsection (a) of section 9 shall read as follows: Section 9. (a) In order to be eligible to receive the retirement benefits provided for in this Act, a clerk of the superior court must have served twenty years, and at least twelve years of such service must have been as clerk of the superior court, and four years must have been served continuously as clerk of a superior court, immediately preceding retirement. Subject to the restrictions set out herein, a clerk, in computing such service, may include service as a deputy clerk of the superior court and may include not more than four years of service as a member of the armed forces of the United States served on active duty during any period of time in which the United States was engaged in an armed conflict, regardless of whether a state of war had been declared by Congress, provided no service as a member of the armed forces of the United States shall be deemed as service as a clerk or as a deputy clerk of the superior

Page 1185

court hereunder if such service has or will be used in the determination of any clerk's or deputy clerk's eligibility for retirement benefits or allowances from any other State or Federal retirement program, excluding social security. No person shall be eligible for the retirement benefits provided herein unless he has paid into the fund the amount provided for in this Act for the four years' service immediately preceding his retirement. Any clerk who is approved for the purpose of receiving retirement benefits shall be paid a monthly amount equal to two-thirds of his salary based upon his last four years of service as clerk immediately preceding his retirement, or the sum of $250.00 per month, whichever is the smaller sum. No person shall receive credit for any service performed after the effective date of this Act unless payment for the period covered by such service has been made to the board as provided for in this Act. No person shall be eligible for benefits provided herein until his official duties shall have terminated, and unless he shall file application for benefits within ninety days, or as soon thereafter as possible for the time of the termination of his official duties. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1974. NOISE CONTROL ACT OF 1974. No. 1278 (House Bill No. 451). An Act to enable and direct the Department of Human Resources to develop a noise control plan; to provide a short title; to provide a declaration of policy; to define the term noise; to provide for the submission of proposed noise level standards to the 1975 Session of the General Assembly by the Department; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 1186

Section 1. This Act shall be known and may be cited as the Noise Control Act of 1974. Section 2. Declaration of Policy. The General Assembly finds that the State of Georgia must begin controlling noise or combination of noises in such quantity, at such levels, of such nature and duration, or under such conditions as could potentially be harmful to human health or welfare, or to property, or could interfere unreasonably with the enjoyment of property. It is imperative that our human resources be protected to the fullest extent possible in order to conserve these resources and to provide and maintain conditions which are conducive to growth and development. Section 3. For the purposes of this Act, the term noise means any sound not naturally occurring in the environment, including, but not limited to, sounds emanating from transportation, industrial, commercial, institutional and residential sources or any combination thereof. Section 4. The Department of Human Resources shall develop a Noise Control Plan by November 1, 1974, and shall submit proposed noise level standards to the 1975 Session of the General Assembly. Such plan will not be effective until approved or approved as amended by the General Assembly in the manner required to pass laws. The Department in developing the Noise Control Plan shall take cognizance of federal noise regulations and standards. Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1974.

Page 1187

AIR QUALITY CONTROL ACT AMENDED. Code Chapter 88-9 Amended. No. 1279 (House Bill No. 1010). An Act to amend Code Chapter 88-9, relating to Air Quality Control, as amended, so as to delete the provision providing that certain information obtained by the State under the authority of this Chapter shall not be admissible in evidence in private actions; to provide that certain information obtained by the State shall not be admissible in evidence in private actions; 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 section 88-909, which reads as follows: 88-909. Information not Admissible in Private Actions. Information directly affecting any person obtained by the Board, the Department or their employees or agents as a result of studies, surveys, investigation, reports or from other sources as provided in this Chapter shall not be admissible as evidence in any actions at law or equity involving private rights., in its entirety and by inserting in lieu thereof a new Code section 88-909, to read as follows: 88-909. Certain Information Not Admissible in Private Actions. Information directly affecting any scheduled air carrier certificated by the Civil Aeronautics Board or any successor agency of the United States and information directly affecting forest products industries obtained by the Board, the Department or their employees or agents as a result of studies, surveys, investigation, reports or from other sources as provided in this Chapter shall not be admissible as evidence in any actions at law or equity involving private rights. Code 88-909 amended.

Page 1188

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, 1974. RETIREMENTSUPERIOR COURT CLERKSBENEFITS CHANGED, ETC. No. 1280 (House Bill No. 1315). An Act to amend an Act providing retirement benefits for the clerks of the superior courts of Georgia, approved February 15, 1952 (Ga. L. 1952, p. 238), as amended, so as to change the provisions relative to retirement benefits for superior court clerks who are retired or may retire under the provisions of the Superior Court Clerks' Retirement Fund of Georgia; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing retirement benefits for the clerks of the superior courts of Georgia, approved February 15, 1952 (Ga. L. 1952, p. 238), as amended, is hereby amended by adding a new section following Section 10B, to be known as section 10C and to read as follows: Section 10C. Any other provisions of this Act to the contrary notwithstanding, from and after the effective date of this section, all clerks of the superior courts of Georgia who retire in the future pursuant to the provisions of the Superior Court Clerks' Retirement Fund of Georgia, for whatever reason, shall be entitled to an increase in retirement benefits of twenty per cent (20%) above that amount currently provided by existing law. All clerks of the superior

Page 1189

courts of Georgia who are already retired pursuant to the provisions of the Superior Court Clerks' Retirement Fund of Georgia, or who have ceased their service as a clerk and are waiting to attain retirement age, shall be entitled to an increase in retirement benefits of twenty per cent (20%) above the amount to which they were entitled upon their retirement or cessation of service as a clerk. This twenty per cent (20%) increase shall also be used in the computation of any retirement benefits allowed a widow or widower of a deceased clerk pursuant to the terms of the Act. Section 2. This Act shall become effective on April 1, 1974. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1974. GEORGIA PESTICIDE USE AND APPLICATION ACT AMENDEDBOND PROVISIONS CHANGED, ETC. No. 1281 (House Bill No. 1392). An Act to amend an Act known as the Georgia Pesticide Use and Application Act, approved April 3, 1972 (Ga. L. 1972, p. 849), so as to limit application of surety bonds and liability insurance policies required of applicants for pesticide applicator's licenses; to change the provisions relating to the amount of the bond or insurance; to provide that such amount shall be set by regulation; to provide that in the event any applicator has an unpaid and outstanding judgment against him as a result of damages caused to a second party by the misapplication of pesticides, he must provide a bond in an amount acceptable to the Commissioner before he can be licensed or relicensed; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 1190

Section 1. An Act known as the Georgia Pesticide Use and Application Act, approved April 3, 1972 (Ga. L. 1972, p. 849), is hereby amended by adding to the first sentence of section 10, after the words operation of the applicant, the following: ; provided, that such surety bond or liability insurance policy need not apply to damages or injury to agricultural crops, plants, or land being worked upon by the applicant, so that when so amended the first sentence of section 10 shall read as follows: Section 10. Surety Bond or Insurance Required of Pesticide Applicator Licensee. The Commissioner shall not issue a pesticide applicator's license until the applicant has furnished evidence of financial responsibility with the Commissioner consisting either of a surety bond or a liability insurance policy or certification thereof, protecting persons who may suffer legal damages as a result of the operation of the applicant; provided, that such surety bond or liability insurance policy need not apply to damages or injury to agricultural crops, plants, or land being worked upon by the applicant. Section 2. Said Act is further amended by striking subsection (a) of section 10 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) Amount of Bond or Insurance RequiredNotice of Reduction of Cancellation by Surety or Insurer. The amount of the surety bond or liability insurance as provided for in this Section shall be set by regulation. Such surety bond or liability insurance shall be maintained at not less than the minimum set by regulation at all times during the licensed period. The Commissioner shall be notified ten days prior to any reduction at the request of the applicant or cancellation of such surety bond or liability insurance by the surety or insurer: Provided, that the total and aggregate liability of the surety and insurer for all claims shall be limited to the face of the bond or liability insurance policy: Provided, further, that the Commissioner may accept a liability insurance policy or surety bond, in the proper sum, which has

Page 1191

a deductible clause in an amount not exceeding $1,000.00 for aerial applicators and $100.00 for all other applicators for the total amount of liability insurance or surety bond required herein: And provided further, that if the applicant has not satisfied the requirement of the deductible amount in any prior legal claim, such deductible clause shall not be accepted by the Commissioner unless such applicant furnishes the Commissioner with a surety bond or liability insurance which shall satisfy the amount of the deductible as to all claims that may arise in his application of pesticides. Further, in the event any applicator has an unpaid and outstanding judgment against him as a result of damages caused to a second party by the misapplication of pesticides, he must provide a bond in an amount acceptable to the Commissioner before he can be licensed or relicensed. 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, 1974. SHERIFFS' RETIREMENT FUND ACT AMENDEDBENEFIT PROVISIONS CHANGED, ETC. No. 1282 (House Bill No. 1428). An Act to amend an Act creating the Sheriffs' Retirement Fund of Georgia and providing for a retirement system for the sheriffs of Georgia, approved April 16, 1963 (Ga. L. 1963, p. 630), as amended, so as to provide for the payment of death benefits to members of such fund and member sheriffs receiving retirement benefits from such fund; to provide the amount of such death benefits and the conditions and procedures whereby such benefits shall be paid to the surviving widow of such member, to his named beneficiary or to his estate; to provide for the

Page 1192

return of dues paid by any member of such fund upon his death prior to retirement, to provide for the return of dues paid by any member sheriff upon the death of such member sheriff after his retirement, provided that such member sheriff shall not have received in retirement benefits the total of his dues paid; 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 19 of the Act creating the Sheriffs' Retirement Fund of Georgia providing for a retirement system for the sheriffs of Georgia, approved April 16, 1963 (Ga. L. 1963, p. 630), as amended, is hereby amended by striking section 19 in its entirety and substituting in lieu thereof a new section 19 to read as follows: Section 19. In addition to the retirement benefits provided in this law, death benefits shall be paid to members and member sheriffs receiving retirement benefits from this fund in accordance with the terms and provisions hereinafter following. (a) In the event any member of this fund dies before retirement, whether such member shall be carried upon the active or inactive rolls of this fund, an amount equal to the total amount which has been paid by such member into the fund as dues shall be paid, without interest, to such member's surviving widow, and if there is no surviving widow, then to such member's named beneficiary, and if there is no named beneficiary, then to such member's estate. If any member sheriff should die after retirement without having received an amount equal in benefits to the total amount which he has paid into the fund as dues, the difference, without interest, shall be paid to such member sheriff's surviving widow, and if there is no surviving widow, then to such member sheriff's named beneficiary, and if there is no named beneficiary, then into such member sheriff's estate. (b) In addition to the death benefits provided in subparagraph (a) above, upon the death of any active member

Page 1193

of this fund, the death of any inactive member of this fund who would otherwise qualify to be carried upon the active membership rolls of this fund except for the fact that such member may have ceased to hold the office of sheriff, and the death of any member sheriff who is receiving retirement benefits from this fund or any member sheriff who is otherwise qualified to receive retirement benefits from this fund except for his having not reached the age of 55 years or his not having filed an application for or been approved for retirement benefits, the sum of three thousand dollars ($3,000.00) shall be paid as additional death benefits to the surviving widow of such member, and if there is no such surviving widow of such member, then to the named beneficiary of such member, and if there is no named beneficiary of such member, then to the estate of such member. (c) At the time any member submits his application for membership in this fund, at the time any member submits his application for retirement benefits, or from time to time any member of this fund, whether carried on the active or inactive rolls of this fund, and any person who is receiving retirement benefits from this fund shall be afforded the opportunity to name a designated beneficiary to receive the death benefits provided for in this section; provided, however, such named beneficiary shall be entitled to receive such death benefits only in the event such member or person does not leave surviving a widow at the time of his death. The procedure by which a member or member sheriff receiving retirement benefits names a beneficiary to receive the death benefits provided for in this section shall be determined and established by the board of commissioners and the board of commissioners shall have authority to establish such forms and procedures as they determine for payment of the death benefits to those entitled to receive the same. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date.

Page 1194

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1974. SHERIFFS' RETIREMENT FUND ACT AMENDEDOPTIONS PROVIDED, ETC. No. 1283 (House Bill No. 1429). An Act to amend an Act creating the Sheriffs' Retirement Fund of Georgia and providing for a retirement system for the sheriffs of Georgia, approved April 16, 1963 (Ga. L. 1963, p. 630), as amended, particularly by an Act approved March 31, 1972 (Ga. L. 1972, p. 705) and an Act approved April 19, 1973 (Ga. L. 1973, p. 1414), so as to provide options for the payment of retirement benefits; to provide for the selection of an option and the method and procedure for selection of an option by those who become eligible to receive retirement benefits from and after the effective date of this Act; to provide for the payment of the retirement benefits according to a specified option in the event a member is prohibited from making a selection of an option because of death, mental incompetency, or other providential cause; to provide the amount of retirement benefits and the method for the computation of the amount of retirement benefits to be paid according to each of the options stated; to remove the limitation on the amount of retirement benefits payable to any sheriff; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Act creating the Sheriffs' Retirement Fund of Georgia and providing for a retirement system for the sheriffs of Georgia, approved April 16, 1963 (Ga. L. 1963, p. 630), as amended, particularly by an Act approved March 31, 1972 (Ga. L. 1972, p. 705) and an Act approved April 19, 1973 (Ga. L. 1973, p. 1414), is hereby amended by

Page 1195

striking section 18 in its entirety and substituting in lieu thereof a new section 18 to read as follows: Section 18. At the time a member becomes eligible for retirement benefits, such member shall choose one of three payment options for retirement benefits and must indicate his choice of payment options upon the application filed with the secretary-treasurer of the board of commissioners and upon approval of the member's application for retirement benefits by the board of commissioners, such member shall be paid retirement benefits in the form of a monthly sum of money determined in accordance with his selection of one of the three following payment options: Options. (a) Option 1 shall be known as a single-life annuity and shall provide retirement benefits in a monthly payment level for the life of the member only. Any member of the retirement fund, who, upon being approved for retirement benefits and having selected Option 1 and shall have no more than four (4) years of service credited to him under the provisions of this law, shall be paid a monthly retirement of fifty dollars ($50.00) per month until his death. Any member who, upon being approved for retirement benefits, and shall have more than four (4) years credited to him under the provisions of this law, shall be paid a monthly retirement of fifty dollars ($50.00), plus twelve dollars and fifty cents ($12.50) per month for each additional year of service so credited to him, however, not in any case to exceed a maximum monthly sum of two hundred fifty dollars ($250.00), such maximum monthly sum to be paid only in the event a member shall have a minimum of twenty (20) years or more of creditable service credited to him under the provisions of this law. (b) Option 2 shall be known as a 100% joint life annuity and shall provide retirement benefits in a monthly payment level for the life of either the member or his wife. The amount of monthly retirement to be paid under this option shall be based on the member's age at retirement and the age of the wife of the member 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

Page 1196

member as provided under Option 1 above. Such actuarial equivalent shall be computed on the 1971 TPF/C FORECAST MORTALITY table, submitted by the actuarial firm of Towers, Perrin, Forster Crosby, Inc. as an exhibit to the actuarial report for the Sheriffs' Retirement Fund of Georgia as of December 31, 1972, using five percent (5%) interest, with a six year setback for females, and monthly payment annuity functions. (c) Option 3 shall be known as the fifty percent (50%) contingency life annuity with fifty percent (50%) benefit to the surviving wife at the death of the member and shall provide retirement benefits in a monthly payment level for the life of the member's surviving wife. The amount of monthly retirement to be paid under this option shall be based on the member's age at retirement and the age of the wife of the member 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 member as provided under Option 1 above. Such actuarial equivalent shall be computed on the 1971 TPF/C FORECAST MORTALITY table, submitted by the actuarial firm of Towers, Perrin, Forster Crosby, Inc. as an exhibit to the actuarial report for the Sheriffs' Retirement Fund of Georgia as of December 31, 1972, using five percent (5%) interest, with a six year setback for females, and monthly payment annuity functions. (d) Under either Option 2 or 3 above, 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 intent of this Section to limit retirement benefits in monthly 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 is eligible for and is approved for retirement benefits. (e) Any provisions of this law to the contrary notwithstanding, twenty dollars ($20.00) shall be deducted from the monthly retirement pay of the member of the fund or

Page 1197

the monthly retirement pay under Option 2 or 3 to the wife of the member when the member has been credited with any period of service under the provisions of this law which was performed prior to January 1, 1961, and for which dues shall not have been paid by the member, until a total sum of twenty dollars ($20.00) for every month of service prior to January 1, 1961, so credited to the member shall have been withheld, or until a maximum of twenty (20) years has been paid or withheld as dues, or until the death of the member and his wife who is receiving benefits, whichever may occur first. (f) In the event any member with a wife then living is unable to choose one of the three option payments, to complete and file an application for retirement benefits with the secretary-treasurer of the board of commissioners, or to obtain the approval of said board of commissioners because of his death, mental incompetency, or other providential cause, but said member is otherwise eligible to receive retirement benefits except for his having been prevented from complying with such requirements, then, Option 2 as provided herein shall be effective and retirement benefits shall be paid in accordance with the provisions herein provided under Option 2. (g) The options provided shall become effective and apply from and after the first day of the month following the effective date of this Act; provided, however, that those members and persons already receiving retirement benefits shall not be afforded an opportunity to select an option but shall be entitled to continue to receive the retirement benefits already being paid. For those members who become eligible to receive retirement benefits from and after the first day of the month following the effective date of this Act, their service shall be computed in accordance with the amounts provided for retirement benefits in this Section and in accordance with such member's option as selected in accordance with the provisions of this Section and such member shall be paid the retirement benefits so determined. Section 2. Said Act is further amended by striking from section 23 of said Act as now written the colon immediately

Page 1198

prior to the last proviso in said section and inserting in lieu thereof a period and by striking from said section said last proviso which reads as follows: Provided further, however, that in no event shall the total pension or retirement benefits payable to any sheriff from all sources, either State or local exceed the sum of $8,400.00 per annum., so that when so amended said Section shall read as follows: Membership in this retirement fund shall not be affected by a sheriff's membership or participation in any other fund or retirement. There shall be no reduction in benefits predicated solely upon eligibility of the member to benefits from another independent source of retirement or pension, but the benefits provided for herein are to be in addition to any other retirement. And there shall be no reduction in benefits otherwise payable to any sheriff by any other State or quasi-State sponsored or sanctioned fund or retirement because of such sheriff's membership and participation in this retirement fund. 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, 1974. TEACHERS' RETIREMENT SYSTEM ACT AMENDEDMILITARY SERVICE CREDIT PROVIDED, ETC. No. 1284 (House Bill No. 1437). An Act to amend an Act establishing the Teachers' Retirement System of Georgia, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, particularly by an Act approved

Page 1199

March 31, 1965 (Ga. L. 1965, p. 438), as amended, so as to change the provisions relating to military service credit; to specify 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 establishing the Teachers' Retirement System of Georgia, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, particularly by an Act approved March 31, 1965 (Ga. L. 1965, p. 438), as amended, is hereby amended by striking subparagraphs (b), (c) and (d) of subsection (6) of section 4 in their entirety and substituting in lieu thereof new subparagraphs (b), (c) and (d) of subsection (6) of section 4 to read as follows: (b) Subject to the limitation provided by subparagraph (a) of this subsection, any person who shall leave the teaching profession to enter military service may return to the teaching profession at any time within five years after being released from military service and shall receive credit for such active military service in accordance with the provisions of (i) or (ii), or (i) and (ii) in subparagraph (a) above; provided, however, that said military service must have been or be rendered in an active duty status in the armed forces of the United States during World War I, World War II, the Korean War, or any period of national emergency. (c) Subject to the limitation provided by subparagraph (a) of this subsection, any person who shall interrupt college training to enter military service may enter the teaching profession at any time within five years after being released from military service and shall receive credit for such active military service in accordance with the provisions of (i) or (ii), or (i) and (ii) in subparagraph (a) above; provided, however, that said military service must have been or be rendered in an active duty status in the armed forces of the United States during World War I, World War II, the Korean War, or any period of national emergency.

Page 1200

(d) Subject to the limitation provided by subparagraph (a) of this subsection, any person who, after completion of college training, enters military service may enter the teaching profession at any time within five years after being released from military service and shall receive credit for such active military service in accordance with the provision of (i) or (ii), or (i) and (ii) in subparagraph (a) above; provided, however, that said military service must have been or be rendered in an active duty status in the armed forces of the United States during World War I, World War II, the Korean War, or any period of national emergency. Section 2. Said Act is further amended by adding at the end of subsection (6) of section 4 a new subparagraph to be designated as (e) to read as follows: (e) No active military service in the armed forces of the United States shall be deemed as creditable under the provisions of the Teachers' Retirement System Act if such service has or will be used in the determination of any member's eligibility for retirement benefits or allowances from any other State or federal retirement program, excluding Social Security and the United States Civil Service System. 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, 1974.

Page 1201

PEACE OFFICERS' ANNUITY AND BENEFIT FUND ACT AMENDEDPEACE OFFICER REDEFINED. No. 1285 (House Bill No. 1457). 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), an Act approved March 1, 1971 (Ga. L. 1971, p. 12) an Act approved March 12, 1973 (Ga. L. 1973, p. 57), and an Act approved March 12, 1973 (Ga. L. 1973, p. 63), so as to change the definition of the term peace officer; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Peace Officers' Annuity and Benefit Fund, approved February 1, 1950 (Ga. L. 1950, p. 50), as amended 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.

Page 1202

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), an Act approved March 1, 1971 (Ga. L. 1971, p. 12), an Act approved March 12, 1973 (Ga. L. 1973, p. 57), and an Act approved March 12, 1973 (Ga. L. 1973, p. 63), is hereby amended by striking section 8 in its entirety and inserting in lieu thereof a new section 8 to read as follows: Section 8. The term `peace officer' as used in this Act shall mean 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. For the purposes of this Act, any deputy sheriff employed as such by a sheriff of this State shall be deemed to be employed by the county wherein such sheriff serves. Such term shall also include any warden or guard of State or county public works camps and any warden or guard of municipal public works camps of a municipality having a population of 70,000 or more according to the last or any future United States Census, who is required by the terms of his employment as such warden or guard to give his full time to his job as such warden or guard. Any warden or guard of a municipal public works camp who on or before October 1, 1962, shall pay dues for prior service shall be

Page 1203

deemed to have been a member for such periods and shall be entitled to all the rights and benefits to which other members during such periods are entitled. Such term shall also include all employees of the Peach Officers' Annuity and Benefit Fund who are required by the terms of their employment to devote their full time to such job. Any such full time employee who on or before October 1, 1962, shall pay dues for prior service shall be deemed to have been a member for such periods and shall be entitled to all the rights and benefits to which other members are entitled. Such term shall also include any parole officers who are required by the terms of their employment to devote full time to their job. Such term shall also include any law enforcement employee of the Alcohol and Tobacco Tax Unit of the Georgia Department of Revenue who is required by the terms of his employment to devote his full time to his job as a law enforcer, and any supervisor of such employees who, himself, is assigned to the Alcohol and Tobacco Tax Unit and who is required by the terms of his employment to have arrest powers and to enforce the alcohol and tobacco tax laws. The word `income', as used in this Act, shall mean any and all income received by a peace officer for services rendered, whether such income be in the form of salary, fees, subsistence allowance or other type of allowance, or any combination thereof. The word `service' as used in this Act to determine the amount of annuities or benefits due any beneficiary under the provisions of this Act, shall mean the total number of years in the aggregate actually served by a peace officer, computed from the date such peace officer began his service as a peace officer, except that no peace officer shall receive credit for any service performed after March 1, 1951, unless he has paid into the Fund the amount required for such service. 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, 1974.

Page 1204

PEACE OFFICERS' ANNUITY AND BENEFIT FUND ACT AMENDEDOPTION PROVISIONS CHANGED, ETC. No. 1286 (House Bill No. 1458). 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), an Act approved March 1, 1971 (Ga. L. 1971, p. 12) an Act approved March 12, 1973 (Ga. L. 1973, p. 57), and an Act approved March 12, 1973 (Ga. L. 1973, p. 63), so as to provide that in the event a member, with a wife then living, is unable to choose an option payment and complete an application because of death, mental incompetency or other providential cause, option two shall become effective; 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,

Page 1205

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), an Act approved March 1, 1971 (Ga. L. 1971, p. 12), an Act approved March 12, 1973 (Ga. L. 1973, p. 57), and an Act approved March 12, 1973 (Ga. L. 1973, p. 63), is hereby amended by striking the first paragraph of subsection (a) of section 11 and inserting in lieu thereof a new first paragraph of subsection (a) to read as follows: At the time a member qualifies for retirement payment, such member must choose one of three payments 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 such retired member a monthly sum based on one of the three options listed below. Provided, however, in the event such member, with a wife then living, is unable to choose one of the three option payments and to complete an application form as herein required, because of death, mental incompetency or other providential cause, then option two shall become effective.

Page 1206

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, 1974. REVENUEUNIFORM DETERMINATION OF FAIR MARKET VALUE FOR TAXATION PURPOSES PROVIDED, ETC. Code 92-40 Amended. No. 1288 (House Bill No. 1495). An Act to amend Code Chapter 92-40, relating to municipal tax assessors, boards of tax appeals, reports by municipal tax assessors, contracting by municipal tax assessors for assistance, and establishment of fair market value used for county and municipal ad valorem property taxation, as amended, so as to provide for a uniform determination of fair market value for county and municipal ad valorem property taxation purposes; to require counties to provide information to municipalities relative to the fair market value of property as determined by the counties; to authorize the State Revenue Commissioner to adopt rules and regulations necessary to the implementation and administration of this Act; to provide for all matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 92-40, relating to municipal tax assessors, boards of tax appeals, reports by municipal tax assessors, contracting by municipal tax assessors for assistance, and establishment of fair market value used for county and municipal ad valorem property taxation, as amended,

Page 1207

is hereby amended by striking Code section 92-4001, relating to municipal tax assessors and municipal boards of tax appeals, as amended, in its entirety, and substituting in lieu thereof a new Code section 92-4001, to read as follows: 92-4001. The provisions of any municipal charter to the contrary notwithstanding, in determining the fair market value of property within their respective taxing jurisdictions for purposes of ad valorem property taxation, municipalities shall use the fair market value finally determined for said property for county ad valorem property taxation purposes. Fair market value shall be finally determined for county ad valorem property taxation purposes at such time as all means for administrative and judicial review of said value have been exhausted or are no longer available. Code 92-4001 amended. Section 2. Said Code Chapter is further amended by striking Code section 92-4002, relating to the duty of municipal assessors to make reports to city authorities, in its entirety, and substituting in lieu thereof a new Code section 92-4002, to read as follows: 92-4002. As soon as the fair market value of property within the respective counties is finally determined, such information shall be furnished, without charge, by each county to the governing authority of each municipality lying wholly or partially within such county. Code 92-4002 amended. Section 3. Said Code Chapter is further amended by striking Code section 92-4003, relating to contracting by municipal tax assessors for assistance, in its entirety, and substituting in lieu thereof a new Code section 92-4003, to read as follows: 92-4003. The State Revenue Commissioner shall have authority to adopt rules and regulations necessary to the implementation and administration of this Chapter. Code 92-4003 amended. Section 4. Said Code Chapter is further amended by striking Code section 92-4004, relating to the establishment of fair market value used for municipal and county ad

Page 1208

valorem taxation, in its entirety and substituting in lieu thereof a new Code section 92-4004 to read as follows: 92-4004. The Board of tax assessors in each municipality, which has such a board pursuant to the charter of such 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. 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 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 Federal 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 5. This Act shall be applicable for the year 1974 and all subsequent years. Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1974.

Page 1209

EDUCATIONEXCEPTIONAL CHILD REDEFINED. No. 1289 (House Bill No. 1504). An Act to amend an Act providing that school boards of any school districts that maintain a recognized public school shall establish and maintain special education facilities, approved March 7, 1968 (Ga. L. 1968, p. 120), so as to change the definition of an exceptional child; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing that school boards of any school districts that maintain a recognized public school shall establish and maintain special education facilities, approved March 7, 1968 (Ga. L. 1968, p. 120), is hereby amended by striking section 1 (a) in its entirety and substituting in lieu thereof a new section 1 (a), to read as follows: (a) Exceptional Children: `Exceptional Children' are those three through twenty years of age who have emotional, physical, communicative, or intellectual deviations, or any combination thereof, to the degree that there is interference with school achievements or adjustments, or prevention of full academic attainment, and who require modifications or alterations in their educational programs. This definition includes children who are mentally retarded, physically handicapped, speech handicapped, multiple handicapped, autistic, intellectually gifted, hearing impaired, visually impaired, and any other areas of exceptionality which may be identified. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1974.

Page 1210

STATE EMPLOYEES RETIREMENT SYSTEM ACT AMENDEDCERTAIN RETIREMENT REQUIREMENTS CHANGED, ETC. No. 1291 (House Bill No. 1526). An Act to amend an Act establishing the State Employees Retirement System, approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, so as to authorize the board of trustees to increase the normal and accrued contribution percentage rate of certain departments; to change the retirement requirements and benefits for certain personnel of the Department of Natural Resources and the Department of Revenue; 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, is hereby amended by striking in its entirety the paragraph at the end of subsection (4) of section 8, which reads as follows: Any other provisions of laws to the contrary notwithstanding, the board of trustees may increase the normal and accrued contribution percentage rate of the Department of Public Safety to an amount not to exceed 15 percent of the earnable compensation of all contributing members. In the event any group of employees are transferred to the administration of any other department or agency, that department or agency shall continue to pay the normal and accrued contribution on behalf of such employees at the rate set by the board of trustees not to exceed 15 percent. and substituting in lieu thereof a new paragraph at the end of subsection (4) of section 8, to read as follows: Any other provisions of law to the contrary notwithstanding, the board of trustees may increase the normal and accrued contribution percentage rate of the Department

Page 1211

of Public Safety, the Department of Natural Resources and the Department of Revenue to an amount not to exceed 15 percent of the earnable compensation of all contributing members. In the event any group of employees are transferred to the administration of any other department or agency, that department or agency shall continue to pay the normal and accrued contribution on behalf of such employees at the rate set by the board of trustees not to exceed 15 percent. Section 2. Said Act is further amended by adding a new section to be inserted between Sections 15 and 16, to be designated section 15A, to read as follows: Section 15A. (a) Any other provisions of this Act to the contrary notwithstanding, every person who is in service in the Department of Natural Resources as a Conservation Ranger and every person who is in the service in the Department of Revenue as an alcohol and tobacco officer or agent on June 30, 1974, and every person who enters or reenters service in the Department of Natural Resources as a Conservation Ranger and every person who enters or reenters service in the Department of Revenue as an alcohol and tobacco officer or agent on or after July 1, 1974, shall be covered by the provisions of this Section and deemed a member under this Section. (b) Every member as set out in subsection (a) above shall retire upon attainment of the mandatory retirement age prescribed by this section, and upon retirement he shall receive the regular retirement benefits under this Act, subject to a minimum monthly retirement benefit equal to two percent of his highest average compensation for each year of creditable service, by filing an application therefor in a manner similar to that provided in Section 5 of this Act. (c) Any member subject to the provisions of this section shall be retired on the last day of the month following the month in which he attains fifty-five (55) years of age; provided, however, that during the years 1974 through 1979, any member subject to the provisions of this Section may

Page 1212

be retired on the last day of the month following the month in which he attains the retirement age set forth below: Year Optional Retirement age nineteen hundred seventy-four sixty or over nineteen hundred seventy-five fifty-nine nineteen hundred seventy-six fifty-eight nineteen hundred seventy-seven fifty-seven nineteen hundred seventy-eight fifty-six nineteen hundred seventy-nine fifty-five Any member sixty (60) years of age or over on the effective date of this Amendment to this Act shall be retired on July 31, 1974. During the period 1975-1979, any member who has attained any mandatory retirement age specified in this subsection by January 1 of any year during such period shall be retired on January 31 of such year. The above mandatory retirement ages may be waived for a Conservation Ranger by the Board of Natural Resources or for an alcohol and tobacco officer or agent by the Commissioner of the Department of Revenue as necessary to permit such members who entered service in his respective department on or before December 31, 1964, to complete service sufficient to provide them with twenty-five (25) years of total creditable service. Such a member shall be retired on the last day of the month following the month in which he completes such service. The above mandatory retirement ages may also be waived for Conservation Rangers in a supervisory classification by the Board of Natural Resources, at its discretion, upon application of such Conservation Rangers or upon the initiation by the Board and for alcohol and tobacco officers or agents in a supervisory classification by the Commissioner of the Department of Revenue, at his discretion, upon application of such alcohol and tobacco officers or agents or upon initiation by the Commissioner; provided, however, that such waivers to members in a supervisory classification shall not be extended to such members who have reached sixty (60) years of age. The provisions of this subsection shall not apply

Page 1213

to any Conservation Ranger in a supervisory classification whose supervisory duties are not all or predominately in the field of law enforcement or any alcohol and tobacco officer or agent in a supervisory classification whose supervisory duties are not all or predominately in the field of law enforcement. (d) For the purpose of this section, the term highest average compensation means the member's highest average monthly earnable compensation during a period of eight consecutive calendar quarters while a member of the system, but not to include any decrease in salary that is in excess of two 5 percent decreases during each eight calendar quarters. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1974. GEORGIA STATE FINANCING AND INVESTMENT COMMISSION ACT AMENDEDCERTAIN SERVICES REIMBURSEMENTS AUTHORIZED, ETC. No. 1295 (House Bill No. 1591). An Act to amend an Act known as the Georgia State Financing and Investment Commission Act, approved April 13, 1973 (Ga. L. 1973, p. 750), so as to provide for reimbursement to the Commission for certain services; to authorize the use of investment income for the payment of operating expenses of the Commission; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Georgia State Financing and Investment Commission Act, approved April 13,

Page 1214

1973 (Ga. L. 1973, p. 750), is hereby amended by striking section 3 f. (2) in its entirety and inserting in lieu thereof a new section 3 f. (2) to read as follows: (2) 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. Section 2. 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. 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; 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

Page 1215

VI, Article VII of the Constitution are applicable and may be used to pay operating expenses of the Commission. 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, 1974. PLANNED GROWTH AND DEVELOPMENT ACT OF 1974. Code 95A-706.1 Enacted. No. 1296 (House Bill No. 1658). An Act to provide State assistance for planned growth and development in the State; to provide a short title; to amend an Act known as the Executive Reorganization Act of 1972, approved April 6, 1972 (Ga. L. 1972, p. 1015, as amended, so as to prescribe the function of the Office of Planning and Budget in relation to planned growth and development; to provide the powers and duties of the Office of Planning and Budget in carrying out such function; to provide a procedure for certifying a planned community as eligible for State development assistance; to amend an Act known as the Georgia Code of Public Transportation, approved April 18, 1973 (Ga. L. 1973, p. 947), so as to authorize the Department of Transportation to expend funds for public roads to serve planned communities which have been certified as eligible for State development assistance; to authorize the Georgia Highway Authority to issue bonds for projects to serve planned communities which have been

Page 1216

certified as eligible for State development assistance; to amend an Act known as the Minimum Foundation Program of Education Act, approved January 24, 1964 (Ga. L. 1964, p. 3), as amended, so as to authorize the State Board of Education to expend funds for capital facilities to serve planned communities which have been certified as eligible for State development assistance; to amend an Act known as the Georgia Education Authority (Schools) Act, approved February 19, 1951 (Ga. L. 1951, p. 241), as amended, so as to authorize the Georgia Education Authority (Schools) to issue bonds for projects to serve planned communities which have been certified as eligible for State development assistance; to amend an Act known as the Georgia Water Quality Control Act, approved March 11, 1964 (Ga. L. 1964, p. 416), so as to authorize the Department of Natural Resources to expend funds for water and sewage treatment facilities to serve planned communities which have been certified as eligible for State development assistance; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. This Act shall be known and may be cited as the Planned Growth and Development Act of 1974. Section 2. An Act known as the Executive Reorganization Act of 1972, approved April 6, 1972 (Ga. L. 1972, p. 1015), as amended, is hereby amended by adding after section 209, a new section to be designated section 210, to read as follows: Section 210. Planned Growth. (a) The Office of Planning and Budget, in addition to its other functions, shall perform the function of promoting planned and orderly community development and growth throughout the State. (b) The Office of Planning and Budget shall have the following powers and duties in performing the function prescribed in subsection (a):

Page 1217

(1) receive and process applications for certification of planned communities as eligible for State development assistance. (2) make recommendations to the appropriate State officials charged with approving or certifying planned communities as eligible for State development assistance; (3) coordinate State development assistance to planned communities, which have been certified as eligible for such assistance, from the Department of Transportation, the State Board of Education, the Department of Natural Resources and any other State department, agency or instrumentality; (4) administer and monitor a State program for planned growth and development; (5) provide technical assistance to public and private developers in the area of planned growth and development; (6) periodically review and monitor planned communities which receive State development assistance; and (7) adopt and promulgate rules necessary to carry out its responsibilities under this section. (b) The Office of Planning and Budget shall recommend to the appropriate State officials for approval or certification as eligible for State development assistance only those planned communities which submit a plan which meets the following criteria in addition to any other requirements prescribed by rules of the Office of Planning and Budget: (1) provides for the development of a new or revitalized area including housing, jobs and associated community facilities, occupying at least 1,000 contiguous acres or providing for the residential needs of at least 500 households to be completed in not more than twenty years; (2) includes at least fifteen percent (15%) of the planned

Page 1218

area as permanent open space, exclusive of roads and streets; (3) provides a broad range of housing choices; (4) demonstrates the financial resources, organization and ability to carry out the plan; and (5) has been approved by the local government or governments within which the development will be located. (c) The Office of Planning and Budget shall recommend for certification for State development assistance all planned communities which meet the requirements of subsection (b). Such recommendations shall be made to the Chairmen of the State Transportation Board, the State Board of Education, the Board of Natural Resources, and the Board of Community Development. If a majority of said Chairmen approve any recommendation, the Governor shall be authorized to certify such planned community as eligible for State development assistance. The Governor may certify for State development assistance no more than the following during the first fiscal year during which funds are appropriated for such assistance or for general obligation bonds for such assistance: (1) one planned expansion of an existing municipality; (2) one planned community inside an existing city; and (3) one new town created after the date this Act becomes effective, within the unincorporated area of a county. Section 3. An Act known as the Georgia Code of Public Transportation, approved April 18, 1973 (Ga. L. 1973, p. 947), is hereby amended by adding after section 95A-706 a new section to be designated section 95A-706.1, to read as follows: Section 95A-706.1. The Department of Transportation

Page 1219

is hereby authorized to expend funds appropriated or available to the Department for the acquisition, construction, development, extension, enlargement, or improvement of public roads to serve planned communities which have been certified as eligible for State development assistance under the provisions of Section 210 of the Executive Reorganization Act of 1972 (Ga. L. 1972, p. 1015), as amended. Such funds may come from appropriations of the General Assembly for such purpose, or general obligation bonds may be issued for funds for such purpose. The Department may require as a condition of such development assistance that provision be made for the purchase by the appropriate local government of such public roads or improvements for an amount up to the amount of such funds expended by the Department for such public roads or improvements plus accrued interest. The Department and local governments may enter into agreements whereby such projects are leased to the appropriate local government, provided that such lease payments, exclusive of payments for maintenance costs, shall be included in the total amounts necessary to purchase such public roads or improvements. Code 95A-706.1 enacted. Section 4. Said Act is further amended by adding at the end of section 95A-1204 a new subsection to be designated subsection (1), to read as follows: (1) Until the first general obligation debt under Article VII, Section III, Paragraph I of the Constitution has been incurred by the delivery of such debt to the purchaser or purchasers of the debt, the Georgia Highway Authority may issue bonds for projects to serve planned communities which have been certified for State development assistance under the provisions of section 210 of the Executive Reorganization Act of 1972, approved April 6, 1972 (Ga. L. 1972, p. 1015), as amended. Code 95A-1204 amended. Section 5. An Act known as the Minimum Foundation Program of Education Act, approved January 24, 1964 (Ga. L. 1964, p. 3), is hereby amended by adding after section 24 a new section to be designated Section 24A, to read as follows:

Page 1220

Section 24A. The State Board of Education is hereby authorized to expend funds appropriated or available to the Board for the acquisition, construction, extension, enlargement, or improvement of capital facilities to serve planned communities which have been certified as eligible for State development assistance under the provisions of section 210 of the Executive Reorganization Act of 1972 (Ga. L. 1972, p. 1015), as amended. Such funds may come from appropriations of the General Assembly for such purpose, or general obligation bonds may be issued for funds for such purpose. The Board may require as a condition of such development assistance that provision be made for the purchase by the appropriate local unit of school administration, of such capital facilities or improvements for an amount up to the amount of such funds expended by the Board plus accrued interest. The Board and local units of school administration may enter into agreements whereby such projects are leased to the appropriate local unit of school administration, provided that such lease payments, exclusive of payments for maintenance costs, shall be included in the total amount necessary to purchase such projects. Section 6. An Act known as the Georgia Education Authority (Schools) Act, approved February 19, 1951 (Ga. L. 1951, p. 241), as amended, is hereby amended by adding at the end of section 4 a new paragraph to be designated paragraph (11), to read as follows: (11) Until the first general obligation debt under Article VII, Section III, Paragraph I of the Constitution has been incurred by the delivery of such debt to the purchaser or purchasers of the debt, the Georgia Education Authority (Schools) may issue bonds for projects to serve planned communities which have been certified as eligible for State development assistance under the provisions of section 210 of the Executive Reorganization Act of 1972 (Ga. L. 1972, p. 1015), as amended. Section 7. 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 adding after section

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29 a new section to be designated section 29A, to read as follows: Section 29A. The Department of Natural Resources is hereby authorized to expend funds appropriated or available to the Department for the acquisition, construction, development, extension, enlargement, or improvement of water and sewage treatment facilities or systems to serve planned communities which have been certified as eligible for State development assistance under the provisions of section 210 of the Executive Reorganization Act of 1972 (Ga. L. 1972, p. 1015), as amended. Such funds may come from appropriations of the General Assembly for such purpose, or general obligation bonds may be issued for funds for such purpose. The Department may require as a condition of such development assistance that provision be made for the purchase by the appropriate local government of such facilities or improvements for an amount up to the amount of such funds expended by the Department plus accrued interest. The Department and local governments may also enter into agreements whereby such projects are leased to the appropriate local government, provided that such lease payments, exclusive of payments for operating costs, shall be included in the total amount necessary to purchase such projects. Section 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1974. CRIMESCERTAIN IMPERSONATION OF PEACE OFFICER SOLICITOR PENALIZED. No. 1301 (House Bill No. 1742). An Act to make it unlawful for any person to solicit or accept a fee, consideration or donation, or to offer for sale

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or to sell advertising as a representative of a peace officer organization, or under the guise of representing a peace officer organization, unless such person is employed by, or acting pursuant to the authority of, or is a member of such organization; to provide for definitions; 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. The term peace officer as used in this Act shall include any person duly elected, appointed or employed to engage in public law enforcement work. Section 2. If shall be unlawful for any person to solicit or accept a fee, consideration or donation, or to offer for sale or to sell advertising as a representative of a peace officer organization, or under the guise of representing a peace officer organization, unless such person is employed by or acting pursuant to the authority of, or is a member of such organization. Section 3. (a) Any person, firm, association or corporation violating the provisions of section 2 of this Act shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than five hundred dollars ($500) or by imprisonment for not more than thirty (30) days, or both fine and imprisonment. (b) Any person, firm, association or corporation violating the provisions of section 2 of this Act through the use of some form of communication across the boundaries of the State, whether such communication is (1) by mail, (2) by the use of any electronic device, including but not limited to the use of a telephone or telegraph, or (3) by any other means, shall be guilty of a felony and upon conviction shall be punished by imprisonment for not less than one (1) year nor more than three (3) years, or by a fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000), or both fine and imprisonment.

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Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1974. DENTISTSBOARD OF DENTAL EXAMINERSEMPLOYMENT OF PERSONNEL AUTHORIZED, ETC. Code Chapter 84-7 Amended. No. 1308 (House Bill No. 1832). An Act to amend Code Chapter 84-7, relating to the practice of dentistry, as amended, so as to provide for the employment of personnel necessary to assist the Board of Dental Examiners of Georgia in the performance of their duties; to provide for additional duties, powers and compensation of such personnel; to change the provisions relating to officers of said Board of Dental Examiners; to change the provisions relating to registration, fees and applications for licenses to practice dentistry; to change the provisions relating to conditional licenses; to amend an Act approved February 9, 1937 (Ga. L. 1937, p. 627), which Act is amendatory of an Act regulating the practice of dentistry, approved August 17, 1920 (Ga. L. 1920, p. 132), as amended, so as to change the provisions relating to revocation or suspension of licenses; to amend an Act approved February 25, 1949 (Ga. L. 1949, p. 1192), which Act repeals Code section 84-1009 of the Code of Georgia of 1933, relating to dental nurses, and which Act provides for the licensing of dental hygienists, as amended, so as to change the provisions relating to the examination of dental hygienists; to change the provisions

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relating to registration; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 84-7, relating to the practice of dentistry, as amended, is hereby amended by adding immediately following Code section 84-704 a new Code Section, to be designated Code section 84-704.1, to read as follows: 84-704.1 Executive director and other personnel; powers, duties and compensation. (a) The Board shall perform such duties, and possess and exercise such powers, relative to the protection of the public health, and the control and regulation of the practice of dentistry as this Chapter prescribes and confers upon it and shall have the power to carry out investigations, either through the Joint Secretary or independently. Code 84-704.1 enacted. (b) The Board shall recommend to the Secretary of State the employment or appointment, and the Secretary of State shall appoint or employ such personnel, including but not limited to an executive director, secretaries, and an investigator or may contract for the services thereof, as may be necessary to assist the Board in exercising or performing any and all of the powers, duties and obligations set forth in this Chapter; provided, however, that the Board and the Secretary of State must concur as to the individuals appointed unless the Board waives its right to recommend named individuals. Personnel appointed or employed by the Board shall be paid such salary or per diem as the Board shall recommend and the Secretary of State shall approve, and all such personnel shall receive the necessary expenses incident to carrying out the duties imposed upon them by the Board. Such personnel may but need not be practicing dentists or members of the Board; and investigators may be appointed or employed either permanently or temporarily. All such personnel shall be agents of the Board and shall be authorized to perform any and all such powers, duties and obligations of the Board as the Board may direct. All personnel appointed or employed after the effective

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date of this Code Section shall be in the unclassified service as defined in an Act approved March 10, 1971 (Ga. L. 1971, p. 45), relating to the State Merit System. Section 2. Code Chapter 84-7 is further amended by striking in its entirety Code section 84-713, as amended, and inserting in lieu thereof a new Code section 84-713, to read as follows: 84-713. Applications for licenses to practice; fees, expenses, and annual report of Board. All applications to the Board of Dental Examiners of Georgia shall be made through the Joint Secretary. Each person applying for examination for license to practice dentistry shall, at the time of making his application, pay to the Joint Secretary a fee to be set by the Board; and each person applying for the renewal of a license or authority to practice dentistry or for the establishment of a license or authority that has been lost shall, at the time of making his application, pay to the Joint Secretary a fee to be set by the Board. Such fees shall cover the entire service for granting or issuing licenses to practice dentistry. Code 84-713 amended. The compensation of each member of the Board of Dental Examiners will be set as a salary of $25.00 per day for each day spent in the duties of the Board and in attendance of Board meetings; and, in addition thereto, he shall receive actual expenses while in attendance upon meetings. The president of the Board may authorize payment of expenses of Board members to meetings with boards of other states, to the meeting of the American Association of Dental Examiners, the annual membership dues to the Association, and all other incidental expenses for any and all meetings where attendance is authorized by the president of the Board. The Board shall make an annual report of its proceedings to the Georgia Dental Association, including all monies received and disbursed under the provisions of this Chapter. Section 3. Code Chapter 84-7 is further amended by

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striking in its entirety Code section 84-725, as amended, and inserting in lieu thereof a new Code section 84-725, to read as follows: 84-725. Registration; fee. Every person licensed by this Board to practice dentistry shall register biennially on the renewal date set by the Joint Secretary and shall pay to the Joint Secretary a biennial registration fee, which shall be set by the Board, not to exceed $100.00. The Board shall provide for penalty fees for late registration. Code 84-725 amended. Section 4. Code Chapter 84-7 is further amended by striking Code section 84-725A in its entirety and inserting in lieu thereof a new Code section 84-725A, to read as follows: 84-725A. Conditional licenses. All holders of Georgia licenses to practice dentistry, who do not currently maintain residence and domicile in this State, shall be authorized to receive a conditional license as hereinafter set out. Code 84-725A amended. (a) Any dentist who does not currently maintain residence and domicile in this State shall be issued a conditional renewal certificate upon application for and payment of a fee to be set by the Board by rule not to exceed $100.00 per year, in the manner and at the time as provided in Code section 84-725, requiring biennial registration of all dentists licensed to practice dentistry in this State, and said dentists who do not currently maintain residence and domicile in this State cannot practice in this State until the current renewal certificate is obtained. (b) No renewal certificate shall be issued to the holder of a conditional renewal certificate if, for good cause, the Board determines that the applicant has not maintained the degree of professional skill and knowledge required when he was first licensed in this State, or has become physically or mentally incompetent, or has been guilty of immoral conduct. The Board may in its discretion, require said person to demonstrate to the Board that he has maintained such professional skills and knowledge and has

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not been guilty of conduct which would warrant suspension or revocation of a license under Georgia laws. (c) Any holder of a conditional license must apply to the Board in writing for consideration of issuance of a renewal certificate. Section 5. An Act approved February 9, 1937 (Ga. L. 1937, p. 627), which Act is amendatory of an Act regulating the practice of dentistry, approved August 17, 1920 (Ga. L. 1920, p. 132), as amended, is hereby amended by striking in its entirety subsection (4) of section 13 of section A and inserting in lieu thereof a new subsection (4), to read as follows: (4) Of failing to register with the Joint Secretary as required by law. Provided, however, that for a period of twelve months after failure to register, a license may be reinstated by payment of a registration fee to be determined by the Board by rule not to exceed $100.00, and by filing of a special application therefor. After this period of twelve months has elapsed, a license may be revoked for failure to register and for failure to pay the fee as provided by law, provided that a registered letter has been sent to the dentist informing him that this action is pending in time for him to make payment. Any license revoked under the terms of this section may be reinstated only upon an applicant's taking the examination required by Code section 84-713 and paying the fees prescribed by law therefor. Section 6. An Act approved February 25, 1949 (Ga. L. 1949, p. 1192), which Act repeals Code section 84-1009 of the Code of Georgia of 1933, relating to dental nurses, and which Act provides for the licensing of dental hygienists, as amended, is hereby amended by striking section 5 in its entirety and inserting in lieu thereof a new section 5, to read as follows: Section 5. That it shall be the duty of all licensed dental hygienists to re-register biennially on the renewal date established by the Joint Secretary and to pay to the

Page 1228

Joint Secretary a biennial registration fee, which shall be determined by the Board by rule, not to exceed $25.00. The license of any person failing to comply with the provisions of this section shall be suspended; provided, however, that for a period of twelve months after failure to register, a license may be reinstated by payment of a registration fee to be determined by the Board and the filing of a special application therefor. After this period of twelve months has elapsed, a license may be revoked for failure to register and for failure to pay the fee as provided by law, provided that a registered letter has been sent to the hygienist informing same that such action is pending in time for her to make payment. Any license revoked under the terms of this section may be reinstated only upon an applicant's taking the examination and paying the fees prescribed by law therefor. Dental hygienists. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1974. LEASE OF LAND TO FIRST PRESBYTERIAN CHURCH OF MILLEDGEVILLE AUTHORIZED. No. 114 (House Resolution No. 575-1734). A Resolution. Authorizing the lease 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; and Whereas, said real property is all that tract or parcel of land lying and being in the County of Baldwin, State of Georgia, and more particularly described as follows: All that tract or parcel of land containing.4352 acres

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situate, lying and being in the 320th G.M. District, City of Milledgeville, Baldwin County, Georgia, and being more particularly described as follows: TO FIND THE POINT OF BEGINNING, begin at the intersection formed by the East right-of-way of South Wayne Street and the South right-of-way of East Greene Street and run North 77 27[prime] East a distance of 191.1 feet to an iron pin, which is the POINT OF BEGINNING: From the point of beginning thus established, running thence South 13 15[prime] East a distance of 162.6 feet to an iron pin; running thence South 77 27[prime] West a distance of 191.1 feet to an iron pin on the East right-of-way of South Wayne Street; running thence South 13 15[prime] East along the East right-of-way of South Wayne Street a distance of 75.7 feet to an iron pin; running thence North 77 27[prime] East a distance of 210 feet to an iron pin; running thence North 13 15[prime] West a distance of 238.3 feet to an iron pin on the South right-of-way East Greene Street; running thence South 77 27[prime] West along the South right-of-way of East Greene Street a distance of 18.9 feet to an iron pin, which is the Point of Beginning. Said property is shown on a Plat prepared for the First Presbyterian Church by Walker McKnight (Registered Land Surveyor No. 864) dated December 1970; and Whereas, the above described real property is no longer needed by the State of Georgia and is therefore surplus; and Whereas, the First Presbyterian Church of Milledgeville is desirous of leasing said tract of land. Now, therefore, be it resolved by the General Assembly of Georgia that the State Properties Commission, acting for and on behalf of the State of Georgia, is hereby authorized to lease the hereinabove described tract or parcel of land subject to the following conditions: (1) That said tract or parcel of land shall be leased to the First Presbyterian Church of Milledgeville for and in consideration of the fair market value to be mutually

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agreed upon between the State Properties Commission and the lessee; and (2) That the term of any lease agreement executed pursuant to the authority of this Resolution shall be such term as may be mutually agreed upon between the State of Georgia and the First Presbyterian Church of Milledgeville. Approved March 28, 1974. CRIMINAL PROCEDURECERTAIN WARRANTS FOR PEACE OFFICERS MAY BE ISSUED ONLY BY CERTAIN JUDGES, ETC. Code 27-102 Amended. No. 1312 (House Bill No. 1885). An Act to amend Code section 27-102, relating to the officials who may issue warrants for arrest, so as to provide that any warrant for the arrest of a peace officer for any offense alleged to have been committed while in the performance of his duties may be issued only by a judge of a superior court, a judge of a State court, or, in certain instances, a judge of a court of ordinary to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 27-102, relating to the officials who may issue warrants for arrest, is hereby amended by changing the period at the end thereof to a comma and adding the following: except that any warrant for the arrest of a peace officer for any offense alleged to have been committed while in the performance of his duties may be issued only by a judge of a superior court, a judge of a State court, or, in the event a superior court judge or a State court judge

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does not reside in the county where the offense is alleged to have occurred or any such judge is not available in such county, the judge of the court of ordinary of such county., so that when so amended, section 27-102 shall read as follows: 27-102. Who may issue warrants for arrest. Any judge of a superior, city, or county court, or justice of the peace, or any municipal officer clothed by law with the powers of a justice of the peace, may issue his warrant for the arrest of any offender against the penal laws, based either on his own knowledge or the information of others given to him under oath, except that any warrant for the arrest of a peace officer for any offense alleged to have been committed while in the performance of his duties may be issued only by a judge of a superior court, a judge of a State court, or a judge of a court of Ordinary. Code 27-102 amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1974. CONVEYANCE OF LAND TO HOSPITAL AUTHORITY OF WAYNE COUNTY AUTHORIZED. No. 115 (House Resolution No. 591-1761). A Resolution. Authorizing the conveyance of certain property in the City of Jesup, Wayne County, Georgia, to the Hospital Authority of Wayne County; and for other purposes. Whereas, on April 10, 1962, the Hospital Authority of Wayne County deeded a tract of land lying within the City of Jesup to the State of Georgia for the purpose of construction of a National Guard Armory, said deed being of record in Deed Book 98, Folio 299-30, Clerk's Office, Wayne County Superior Court; and

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Whereas, an Armory was thereafter constructed on a portion of the tract so deeded, leaving a certain portion thereof unused and unneeded by the National Guard; and Whereas, the Hospital Authority of Wayne County desires the return of the said unused portion of the said tract for education and training of retarded children; and Whereas, the unused and unneeded portion of said tract has become surplus, said portion being described as follows: That certain tract or parcel of land lying and being in the city of Jesup, Wayne County, Georgia, containing 1.72 acres, being more particularly described as follows: Commencing at a stake on the north edge of Colonial Way at the point it strikes the west edge of Peachtree Drive; thence along the west edge of Peachtree Drive North 23 0 minutes East 384.13 feet to a stake, being the point of beginning; thence North 67 0 minutes West 330.39 feet to a stake; thence North 23 0 minutes East 209.91 feet to a stake; thence South 76 36 minutes East 335.08 feet to a stake on the west edge of Peachtree Drive; thence along the west edge of Peachtree Drive 265.87 feet to a stake, being the point of beginning. Said tract being more particularly shown and identified as Tract B, 1.72 acres, on that certain plat made by Quillie E. Kinard, Jr., RLS, dated August 24, 1973, being hereto attached and made a part of this conveyance. Now, therefore, be it resolved by the General Assembly of Georgia that the above described tract of land is hereby declared to be surplus and the custody and control thereof is hereby transferred to the State Properties Commission. Be it further resolved that the State Properties Commission is hereby authorized and directed to execute the

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appropriate instrument of the State of Georgia to reconvey the above described tract of land to the Hospital Authority of Wayne County for and in consideration of the sum of $1.00 and the benefits flowing to the State of Georgia. Approved March 28, 1974. SENATORIAL DISTRICTS ACT AMENDEDPROVISIONS CHANGED. Code 47-102 Amended. No. 1358 (Senate Bill No. 477). An Act to amend Code section 47-102, relating to State Senatorial Districts, as amended, particularly by an Act approved October 14, 1971 (Ga. L. 1971, Sept.-Oct. Ex. Sess., p. 69), and by an Act approved March 16, 1972 (Ga. L. 1972, p. 237), so as to change the provisions relative to certain Senatorial Districts; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 47-102, relating to State Senatorial Districts, as amended, particularly by an Act approved October 14, 1971 (Ga. L. 1971, Sept.-Oct. Ex. Sess., p. 69), and by an Act approved March 16, 1972 (Ga. L. 1972, p. 237), is hereby amended by striking the language relating to Senatorial District 15 and inserting in lieu thereof the following: District No. 15. MUSCOGEE Columbus CCD 5 Tract 24 ED 101A Blocks 107 through 109 and 116

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Tracts 25 through 28, 29.01, 2902, 30 through 35, 106.01, 106.02, 107.01, 107.02, 107.03 and 109 Columbus South CCD 10 Tract 109 Fort Benning CCD 20 Tract 108 Midland CCD 30. Section 2. The first members elected pursuant to the apportionment set forth by Section 1 of this Act shall be those who are elected to take office on the convening date of the regular session of the General Assembly of 1975. Until that time, the members of the Senate elected under existing apportionment provisions shall continue to serve and shall represent the Districts from which elected, and until that time the composition of the Districts from which such members were elected shall remain the same. The apportionment provisions set forth by Section 1 of this Act shall be effective, however, for the primaries and elections of 1974 for the purpose of electing the members in 1974 who are to take office in 1975. Successors to those members and future successors shall likewise be elected under the apportionment provisions set forth by Section 1 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 March 28, 1974.

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CONVEYANCE OF LAND ON CHATTAHOOCHEE RIVER TO UNITED STATES GOVERNMENT AUTHORIZED. No. 116 (House Resolution No. 592-1765). A Resolution. Authorizing the State Properties Commission to convey to the United States Government certain tracts and parcels of state-owned property; and for other purposes. Whereas, the United States Corps of Engineers is erecting on the Chattahoochee River, near West Point, Georgia, a dam which, when completed, will inundate certain islands within the Chattahoochee River owned by the State of Georgia; and Whereas, those islands are more particularly described as follows: Tract No. 104 All that tract or parcel of land, being an island, lying and being situate within the Chattahoochee River East of Fractional Land Lot 53, Sixteenth Land District, Troup County, Georgia, being approximately 470 feet long and 400 feet wide, the center being at approximate coordinate position 1,063,090 feet N and 187,050 feet E, and containing 3.55 acres, more or less. The coordinates shown in the above description are based on the Georgia Plane Coordinate System, West Zone. Tract No. 316-1 All that tract or parcel of land, being an island, lying and being situate within the Chattahoochee River East of Fractional Land Lot 49, Sixteenth Land District, Troup County, Georgia, being approximately 360 feet long and 80 feet wide, the center being at approximate

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coordinate position 1,072,180 feet N and 186,210 feet E, and containing 0.90 acre, more or less. Tract No. 316-2 All that tract or parcel of land, being an island, lying and being situate within the Chattahoochee River East on the extension of the lot line between Fractional Land Lots 48 and 49, Sixteenth Land District, Troup County, Georgia, being approximately 700 feet long and 190 feet wide, the center being at approximate coordinate position 1,073,530 feet N and 186,480 feet E, and containing 2.90 acres, more or less. Tract No. 316-3 All that tract or parcel of land, being an island, lying and being situate within the Chattahoochee River East of Fractional Land Lot 44, Sixteenth Land District, Troup County, Georgia, being approximately 640 feet long and 100 feet wide, the center being at approximate coordinate position 1,082,080 feet N and 184,250 feet E, and containing 1.40 acres, more or less. Tract No. 316-4 All that tract or parcel of land, being an island, lying and being situate within the Chattahoochee River East of Fractional Land Lot 41, Sixteenth Land District, Troup County, Georgia, being approximately 800 feet long and 200 feet wide, the center being at approximate coordinate position 1,084,820 feet N and 184,870 feet E, and containing 3.10 acres, more or less. Tract No. 316-5 All that tract or parcel of land, being an island, lying and being situate within the Chattahoochee River East on the extension of the lot line between Fractional Land Lots 40 and 41, Sixteenth Land District, Troup County, Georgia, being approximately 1,320 feet long and 280 feet wide, the center being at approximate coordinate

Page 1237

position 1,085,780 feet N and 185,260 feet E, and containing 7.70 acres, more or less. Tract No. 316-6 All that tract or parcel of land, being an island, lying and being situate within the Chattahoochee River East on the extension of the lot line between Fractional Land Lots 40 and 41, Sixteenth Land District, Troup County, Georgia, being approximately 1,000 feet long and 300 feet wide, the center being at approximate coordinate position 1,085,630 feet N and 184,690 feet E, and containing 6.20 acres, more or less. Tract No. 316-7 All that tract or parcel of land, being an island, lying and being situate within the Chattahoochee River East of Fractional Land Lot 40, Sixteenth Land District, Troup County, Georgia, being approximately 1,200 feet long and 170 feet wide, the center being at approximate coordinate position 1,086,770 feet N and 184,270 feet E, and containing 3.90 acres, more or less. The coordinates shown in the above description are based on the Georgia Plane Coordinate System, West Zone. Tract No. 1713-1 All that tract or parcel of land, being an island, lying and being situate within the Chattahoochee River West of Fractional Land Lot 143, Fifth Land District, Troup County, Georgia, being approximately 800 feet long and 250 feet wide, the center being at approximate coordinate position 1,123,040 feet N and 209,840 feet E, and containing 3.70 acres, more or less. Tract No. 1713-2 All that tract or parcel of land, being an island, lying and being situate within the Chattahoochee River West

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on the extension of the lot line between Fractional Land Lots 269 and 270, Twelfth Land District, Troup County, Georgia, being approximately 1,300 feet long and 300 feet wide, the center being at approximate coordinate position 1,129,680 feet N and 209,170 feet E, and containing 7.40 acres, more or less. Tract No. 1713-3 All that tract or parcel of land, being an island, lying and being situate within the Chattahoochee River West of Fractional Land Lot 270, Twelfth Land District, Troup County, Georgia, being approximately 1,200 feet long and 400 feet wide, the center being at approximate coordinate position 1,130,620 feet N and 209,680 feet E, and containing 8.40 acres, more or less. Tract No. 1936 All that tract or parcel of land, being an island, lying and being situate within the Chattahoochee River North of Fractional Land Lot 88, Fourteenth Land District, Troup County, Georgia, being approximately 500 feet long and 100 feet wide, the center being at approximate coordinate position 1,149,970 feet N and 227,640 feet E, and containing 0.90 acre, more or less. Tract No. 2229-1 All that tract or parcel of land, being an island, lying and being situate within the Chattahoochee River South of Fractional Land Lot 287, Twelfth Land District, Heard County, Georgia, being approximately 520 feet long and 130 feet wide, the center being at approximate coordinate position 1,166,490 feet N and 221,510 feet E, and containing 1.20 acres, more or less. Tract No. 2229-2 All that tract or parcel of land, being an island, lying and being situate within the Chattahoochee River West of Fractional Land Lot 287, Twelfth Land District, Heard

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County, Georgia, being approximately 800 feet long and 100 feet wide, the center being at approximate coordinate position 1,168,450 feet N and 220,290 feet E, and containing 1.60 acres, more or less. Tract No. 2445-1 All that tract or parcel of land, being an island, lying and being situate within the Chattahoochee River East of Fractional Land Lot 119, Thirteenth Land District, Heard County, Georgia, being approximately 800 feet long and 140 feet wide, the center being at approximate coordinate position 1,182,520 feet N and 211,750 feet E, and containing 2.50 acres, more or less. Tract No. 2445-2 All that tract or parcel of land, being an island, lying and being situate within the Chattahoochee River East of Fractional Land Lot 119, Thirteenth Land District, Heard County, Georgia, being approximately 300 feet long and 60 feet wide, the center being at approximate coordinate position 1,182,660 feet N and 311,540 feet E, and containing 0.60 acre, more or less. Tract No. 2445-3 All that tract or parcel of land, being an island, lying and being situate within the Chattahoochee River South of Fractional Land Lot 108, Thirteenth Land District, Heard County, Georgia, being approximately 700 feet long and 120 feet wide, the center being at approximate coordinate position 1,192,210 feet N and 213,150 feet E, and containing 1.60 acres, more or less. Tract No. 2445-4 All that tract or parcel of land, being an island, lying and being situate within the Chattahoochee River West of Fractional Land Lot 364, Third Land District, Heard County, Georgia, being approximately 440 feet long and

Page 1240

180 feet wide, the center being at approximate coordinate position 1,200,130 feet N and 220,560 feet E, and containing 1.20 acres, more or less; and Whereas the above-described tracts of land are no longer needed by the State of Georgia and are therefore surplus. Now, therefore, be it resolved by the General Assembly of Georgia that the State Properties Commission, acting for and in behalf of the State of Georgia, is hereby authorized to convey the hereinabove described tracts of property subject to the following conditions: 1. that said tracts of property shall be conveyed to the United States Government; and 2. that the conveyance of said tracts of property shall be approved by the State Properties Commission; and 3. that the conveyance of said tracts of property shall be upon such terms and conditions and for such consideration as may be mutually agreed upon by the United States Government and the State Properties Commission. Approved March 28, 1974. USED CAR DEALERSBONDING REQUIREMENTS PROVIDED FOR LICENSEES. No. 1359 (Senate Bill No. 483). An Act to amend an Act creating a State Board of Registration for Used Car Dealers, approved February 20, 1958 (Ga. L. 1958, p. 55), as amended by an Act approved March 9, 1960 (Ga. L. 1960, p. 801), an Act approved March 17, 1960 (Ga. L. 1960, p. 980), an Act approved February 26, 1962 (Ga. L. 1962, p. 115), and an Act approved February 20, 1968 (Ga. L. 1968, p. 23), so as to

Page 1241

provide for the bonding of persons licensed thereunder; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a State Board of Registration for Used Car Dealers, approved February 20, 1958 (Ga. L. 1958, p. 55), as amended by an Act approved March 9, 1960 (Ga. L. 1960, p. 801), an Act approved March 17, 1960 (Ga. L. 1960, p. 980), an Act approved February 26, 1962 (Ga. L. 1962, p. 115), and an Act approved February 20, 1968 (Ga. L. 1968, p. 23), is hereby amended by adding to section 8, relating to the application for and issuance of licenses, a new subsection to be designated subsection (f) to read as follows: (f) Each application for a license shall show that the prospective licensee has or has made provision for a bond. The required bond shall be executed with a surety company duly authorized to do business in the State and shall be payable to the Governor of the State for the use and benefit of any purchaser, and vendees or successors in title, of any used motor vehicle and shall be conditioned to pay all loss, damages and expenses that may be sustained by such purchaser, his vendees or successors in title, that may be occasioned by reason of any fraudulent misrepresentation or by reason of any breach of warranty as to such used vehicle. In lieu of the required bond, any prospective licensee may submit a net worth statement, prepared using standard accounting procedures, which indicates that the prospective licensee has a net worth of more than thirty thousand dollars ($30,000.00), and if the prospective licensee shall submit such a statement of net worth to the Board, the Board may in its discretion accept this in lieu of the bond required by this Section. (1) If the prospective licensee shall elect to post a bond in lieu of submitting a net worth statement to the Board, the bond shall be in the amount of ten thousand dollars ($10,000.00) and shall be filed immediately upon the granting of the license with the Joint Secretary, State Examining Boards, by the said licensee, and shall be approved by the

Page 1242

Joint Secretary, State Examining Boards, as to form and as to the solvency of the surety. The prospective licensee may file the required bond with the Joint Secretary, State Examining Boards, prior to the granting of a license for the Joint Secretary's approval as hereinbefore mentioned. (2) No licensee shall cancel or cause to be cancelled, a bond issued pursuant to this Section unless the Board is informed in writing by a certified letter at least twenty (20) days prior to the proposed cancellation. (3) If the surety or licensee cancels the bond and the licensee fails to either submit, within 10 days of the effective date of the cancellation, a new bond or a net worth statement showing that the licensee has a net worth of $30,000, calculated according to standard accounting procedures, the Board may revoke his license. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1974. PUBLIC SCHOOL EMPLOYEES' RETIREMENT SYSTEM ACT AMENDED. No. 1360 (Senate Bill No. 485). An Act to amend an 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), an Act approved April 14, 1971 (Ga. L. 1971, p. 917), and an Act approved April 18, 1973 (Ga. L. 1973, p. 1197), so as to authorize certain persons to be employed as public school employees, to become members and to establish prior service credits under the Retirement System; to provide for a procedure for establishing such prior service credits; to provide for

Page 1243

notification; 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 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), an Act approved April 14, 1971 (Ga. L. 1971, p. 917), and an Act approved April 18, 1973 (Ga. L. 1973, p. 1197), is hereby amended by adding at the end of section 5 a new subsection, to be designated subsection (f), and to read as follows: (f) Any provision of this Act to the contrary notwithstanding, any person, who was at least 65 years of age on June 30, 1970, and who would have been able to establish a minimum of 10 years' prior service credit under the provisions of this Act if he had been employed as a public school employee on January 1, 1970, may be employed as a public school employee at any time during the period begining July 1, 1974, and ending December 31, 1974. Upon becoming employed as a public school employee during such period of time, such person shall become a member and may establish prior service credit under subsection (b) of this Section, notwithstanding the fact that he was not a public school employee at any time between January 1, 1970, and July 1, 1970. On or before June 1, 1974, the Board shall inform all public school systems in the State of the provisions of this subsection. 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, 1974.

Page 1244

LEASE OF LAND TO BALDWIN COUNTY AND CITY OF MILLEDGEVILLE AUTHORIZED. No. 117 (House Resolution No. 595-1777). A Resolution. Transferring control and jurisdiction of a tract of land located in Baldwin County to the State Properties Control Commission and authorizing said Commission to lease said tract of land to Baldwin County and the City of Milledgeville; and for other purposes. Whereas, there is a certain tract of land located in Baldwin County, Georgia, containing 25.55 acres, more or less, which is owned by the State of Georgia and is under the control and jurisdiction of the Georgia Forestry Commission; and Whereas, said tract of land is more particularly described as follows: All that tract or parcel of land containing 25.55 acres situate, lying and being in the First Land District, 319th G. M. District, Baldwin County, Georgia, and being more particularly described as follows: Beginning at that certain point marked by an iron pin located on the North right-of-way of Georgia Route No. 22 which point is common to the tract herein described and other property of the State of Georgia (said point being 3448.6 feet, more or less, West along said North right-of-way from the point of intersection of the center line of State Highway No. 212 with said right-of-way); running thence North 20 degrees 44 minutes West a distance of 1810.4 feet to an iron pin; running thence North 39 degrees 50 minutes East a distance of 300 feet to an iron pin; thence running South 50 degrees 10 minutes East a distance of 1500.0 feet along a line separating the tract herein described from property leased by the Milledgeville and Baldwin County Recreation Commission, to an iron pin; thence running North 88 degrees 03 minutes West a distance of 332.6 feet to a concrete monument; thence running South

Page 1245

1 degree 57 minutes West a distance of 882.1 feet to an iron pin located on the North right-of-way of said Georgia Highway Route Number 22; thence running South 72 degrees 13 minutes West a distance of 209.6 feet along said North right-of-way to a right-of-way marker; thence running North 19 degrees 30 minutes West a distance of 25.1 feet to a right-of-way marker; thence running South 68 degrees 41 minutes West a distance of 142.0 feet along said North right-of-way to the point of beginning. The said property is shown on a plat prepared for the Milledgeville and Baldwin County Recreation Commission by P. E. Ogletree, L. S. (Ga. Reg. No. 902) dated December 5, 1972.; and Whereas, said tract of land is no longer needed by the Georgia Forestry Commission or the State of Georgia and is, therefore, surplus; and Whereas, Baldwin County and the City of Milledgeville could use said tract of land to the great benefit of the public through the Milledgeville and Baldwin County Recreation Commission. Now, therefore, be it resolved by the General Assembly of Georgia that the control and jurisdiction over said tract of land hereinabove described is hereby transferred to the State Properties Control Commission, and said commission is hereby authorized to lease said tract of land to Baldwin County and the City of Milledgeville, the consideration for said lease to be as agreed upon by the commission, the governing authority of Baldwin County, and the governing authority of the City of Milledgeville, subject to the following conditions: (1) that said tract of land leased to Baldwin County and the City of Milledgeville shall be used by the Milledgeville and Baldwin County Recreation Commission. (2) that the term of any lease agreement executed pursuant to the authority of this Resolution shall not extend beyond the year 2052. Approved March 28, 1974.

Page 1246

DISTRICT ATTORNEY EMERITUS ACT AMENDED. No. 1361 (Senate Bill No. 512). An Act to amend an Act entitled An Act to provide for the creation of the office of district attorney emeritus; to prescribe eligibility for incumbents; to provide the terms, duties and compensation to incumbents; to create the District Attorneys' Retirement Fund of Georgia; to provide for trustees thereof; to provide for payments into and disbursements from said fund; and for other purposes., approved February 17, 1949 (Ga. L. 1949, p. 780), as amended, particularly by an Act approved February 16, 1950 (Ga. L. 1950, p. 228), an Act approved February 25, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 211), an Act approved March 15, 1958 (Ga. L. 1958, p. 163), an Act approved March 28, 1961 (Ga. L. 1961, p. 226), an Act approved March 10, 1964 (Ga. L. 1964, p. 366), an Act approved March 7, 1966 (Ga. L. 1966, p. 210), and an Act approved March 16, 1972 (Ga. L. 1972, p. 220), so as to change the provisions relative to the computation of years of service; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to provide for the creation of the office of district attorney emeritus; to prescribe eligibility for incumbents; to provide the terms, duties and compensation to incumbents; to create the District Attorneys' Retirement Fund of Georgia; to provide for trustees thereof; to provide for payments into and disbursements from said fund; and for other purposes., approved February 17, 1949, (Ga. L. 1949, p. 780), as amended, particularly by an Act approved February 16, 1950 (Ga. L. 1950, p. 228), an Act approved February 25, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 211), an Act approved March 15, 1958 (Ga. L. 1958, p. 163), an Act approved March 28, 1961 (Ga. L. 1961, p. 226), an Act approved March 10, 1964 (Ga. L. 1964, p. 366), an Act approved March 7, 1966 (Ga. L. 1966, p. 210), and an Act approved March 16, 1972 (Ga. L.

Page 1247

1972, p. 220), is hereby amended by adding at the end of section 9 the following: Provided further, however, that in computing years of service as a district attorney for any purpose under this Act, any time served by a district attorney as a judge of any county court from which appeals can be taken direct to the Court of Appeals of this State may be counted in computing the number of years of service required of any district attorney if he shall pay into the retirement fund the maximum payment provided by this Act for each year of service actually served as such a judge, plus interest on such payment at the rate of 6% per annum, such payment to be made by not later than January 1, 1975. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1974. SEVERANCE OF CERTAIN LAND PRESENTLY SUBLEASED TO CONSOLIDATED ATLANTA PROPERTIES, LTD. FROM A CERTAIN LEASE BETWEEN WESTERN AND ATLANTIC RAILROAD COMMISSION, AS LESSOR, AND PEACHTREE-WHITEHALL, INC., AS LESSEE, APPROVED AND AUTHORIZED, ETC. No. 119 (House Resolution No. 634-1893). A Resolution. Approving and authorizing the severance of Tract 5 [presently subleased to Consolidated Atlanta Properties, Ltd. (Consolidated)] from that certain Lease dated December 26, 1950, as amended, between the Western and Atlantic Railroad Commission, as lessor, and Peachtree-Whitehall, Inc. (Peachtree), as lessee (1950 Lease); approving and authorizing the incorporation of said Tract

Page 1248

5 into the amendment to the 1950 Lease as set forth in Exhibit A attached hereto (Amended Tract 5 Lease) and the execution of said Amended Tract 5 Lease by and between the State of Georgia, as lessor, and the Trustees Under the Will of Ben J. Massell, Deceased (successors to the assignees of Peachtree) (Trustees), as lessee; consenting to the assignment by the said Trustees to Downtown Development Corp. (Downtown) of all their right, title and interest in and to Tract 5 as set forth in said Amended Tract 5 Lease by the instrument set forth in Exhibit B attached hereto; consenting to the subsequent assignment by Downtown to Consolidated of all of its right, title and interest in and to said Tract 5 by the instrument set forth in Exhibit C attached hereto; approving and authorizing the execution by and between the State of Georgia, as lessor, and the said Trustees, as lessee, of the further amendment to the said 1950 Lease, set forth in Exhibit D attached hereto, with respect to the property remaining under the said 1950 Lease; authorizing (following the execution of the Amendment To Lease set forth in Exhibit F attached hereto) the severance of portions of Tracts 3 and 5 (presently subleased to Consolidated) from that Lease dated March 1, 1972, as amended, between the State of Georgia, as lessor, and Allright Parking of Georgia, Inc. (Allright), as lessee, (1972 Allright Lease), and the execution by and between the State of Georgia, as lessor, and Allright, as lessee, of the Amendment To Lease set forth in Exhibit E attached hereto, effectuating the severance of said portions of Tracts 3 and 5 from the 1972 Allright Lease; approving and authorizing the execution by and between the State of Georgia, as lessor, and Consolidated, as lessee, of the Amendment To Leases set forth in Exhibit F attached hereto, wherein is incorporated said Tract 5 of the 1950 Lease and the said portions of Tracts 3 and 5 of the 1972 Allright Lease with those certain State-owned air rights located between the Forsyth Street Viaduct and the Techwood Viaduct in Atlanta, Georgia, as now leased by the State of Georgia to Consolidated by virtue of that certain Lease dated January 12, 1960, as amended and assigned and that certain Lease dated May

Page 1249

15, 1970, as assigned; providing an effective date; and for other purposes. Whereas, under and by virtue of that certain Lease dated December 26, 1950, entered into by and between the Western and Atlantic Railroad Commission, a predecessor in law to the State Properties Commission, acting for the State of Georgia and by virtue of and pursuant to the authority granted by Resolution Act No. 797 passed by the 1950 Regular Session of the Georgia General Assembly and approved by the Governor of the State of Georgia on February 17, 1950 (Ga. L. 1950, pp. 408-412), as lessor, and Peachtree-Whitehall, Inc., a Georgia corporation, as lessee, recorded in Deed Book 2599, p. 508-512, of the Records of the Clerk of the Superior Court of Fulton County, Georgia, said Lease, as subsequently amended from time to time as more particularly hereinafter set forth, being hereinafter referred to as the 1950 Lease, lessor did lease and demise unto Peachtree-Whitehall, Inc., certain real property (consisting of air rights only) located in Fulton County, Georgia (and being designated in the said 1950 Lease as Tracts 3, 4 and 5, respectively), a portion of which real property (being the same property as is designated as Tract 5 in the said 1950 Lease) is more particularly described in Exhibit A hereof, which Exhibit A is attached hereto, incorporated herein and by this reference made a part of this Resolution; and Whereas, the said 1950 Lease was confirmed by Resolution Act No. 11 passed by the 1951 Regular Session of the Georgia General Assembly and approved by the Governor of the State Of Georgia on February 19, 1951 (Ga. L. 1951, pp. 824-826); and Whereas, the said 1950 Lease was subsequently amended by Resolution Act No. 469 passed by the 1951 Regular Session of the Georgia General Assembly and approved by the Governor of the State of Georgia on February 21, 1951 (Ga. L. 1951 pp. 748-749), and by an agreement between the parties to the said 1950 Lease dated December 21, 1954, recorded in Deed Book 4420, p. 579-583, aforesaid Records; and

Page 1250

Whereas, the said 1950 Lease was assigned by Peachtree-Whitehall, Inc., to Simon S. Selig, Jr., Charles R. Massell and B. F. Pattillo as Trustees (Marital Deduction Trust) under the Will of Ben J. Massell, deceased (said individuals being hereinafter sometimes collectively referred to as the Massell Trustees), by a Transfer of Lease dated My 31, 1968, and recorded in Deed Book 5022, p. 185, aforesaid Records; and Whereas, under and by virtue of that certain unrecorded Sublease dated August 15, 1969, entered into by and between the Massell Trustees, as Sublessor, and Downtown Development Corp., a Georgia corporation (hereinafter sometimes referred to as Downtown), as Sublessee, said Sublease, as subsequently amended from time to time, being hereinafter referred to as the 1969 Sublease, the Massell Trustees did lease and demise unto Downtown certain real property (consisting of air rights only) located in Fulton County, Georgia (said real property consisting of the air rights over Tracts 4 and 5 of the real property demised to the Massell Trustees under the said 1950 Lease), a portion of which real property (being the same property as was designated as Tract 5 in the said 1969 Sublease) is more particularly described in Exhibit A hereof; and Whereas, the said 1950 Lease was further amended by an unrecorded agreement entered into by and between Lessor, acting through the State Properties Control Commission, a successor in law to the Western and Atlantic Railroad Commission, by virtue of and pursuant to the authority granted by Resolution Act No. 126 passed by the 1970 Regular Session of Georgia General Assembly and approved by the Governor of the State of Georgia on March 20, 1970 (Ga. L. 1970, pp. 408-415), as Party of the First Part, and the Massell Trustees and Downtown, as Parties Of The Second Part; and Whereas, the said 1969 Sublease was amended by an unrecorded agreement entered into by and between the Massell Trustees and Downtown, dated May 14, 1970; and

Page 1251

Whereas, the Massell Trustees, as Sublessor, and Downtown, as Sublessee, did enter into a restated Sublease dated May 31, 1971, hereinafter referred to as the 1971 Sublease, a short form of which is recorded in Deed Book 5477, Pages 118-120, aforesaid Records, which 1971 Sublease provides that it contains the entire agreement of the parties thereto and supersedes the said 1969 Sublease; and under the terms of which 1971 Sublease the Massell Trustees did lease and demise unto Downtown certain real property located in Fulton County, Georgia (said real property consisting of the air rights over Tracts 4 and 5 of the real property demised to the Massell Trustees under the said 1950 Lease and being the same property as was demised under the said 1969 Sublease), a portion of which real property (being the same property as is designated as Tract 5 in the said 1971 Sublease) is more particularly described in Exhibit A hereof; and Whereas, under and by virtue of an assignment dated as of November 26, 1973, and recorded in Deed Book 5946, Pages 67-68, aforesaid Records, Downtown assigned all of its rights, title and interest in, to, under and by virtue of the said 1971 Sublease to Downtown Development Corp., a Georgia corporation, FM Air Rights Company, a Delaware corporation, and City Center, Inc., a Georgia corporation, said Downtown Development Corp., FM Air Rights Company and City Center, Inc., comprising a joint venture doing business under the name of Atlanta Air-Rights Co. and being hereinafter sometimes collectively referred to as Atlanta Air-Rights Co.; and Whereas, under and by virtue of an assignment dated as of November 26, 1973, recorded in Deed Book 5946, p. 321-323, aforesaid Records, Atlanta Air-Rights Co. assigned all of its rights, title and interest in, to, under and by virtue of the said 1971 Sublease to Consolidated Atlanta Properties, Ltd., a Fulton County, Georgia Limited Partnership (Consolidated); and Whereas, Simon S. Selig, Jr., Charles R. Massell and B. F. Pattillo, as Trustees Under the Will of Ben J. Massell, deceased (Trustees), successors in interest to the

Page 1252

Massell Trustees, and Consolidated propose that the portion of the real property demised by the Western and Atlantic Railroad Commission to Peachtree-Whitehall, Inc., under the said 1950 Lease (and therein designated as Tract 5), being a portion of the property demised by the Massell Trustees to Downtown under the said 1971 Sublease (said property being more particularly described in Exhibit A hereof and being hereinafter sometimes referred to as the Severed Peachtree-Whitehall Property), be severed from the said 1950 Lease; that the said 1971 Sublease be terminated as to the Severed Peachtree-Whitehall Property; and that the Severed Peachtree-Whitehall Property be incorporated into an amendment to the 1950 Lease to be entered into by and between the State of Georgia and the Trustees upon substantially the same terms and conditions, appropriately prorated, as were contained in the said 1950 Lease, as amended, which amendment is attached to, incorporated in and by reference made a part of this Resolution as Exhibit A hereof; and Whereas, the Trustees, Downtown and Consolidated propose that upon the execution of the Amendment To Lease set forth in the aforesaid Exhibit A hereof, the Trustees assign all their rights, title and interest in, to, under and by virtue of said amendment and in the property therein described to Downtown pursuant to the terms of that certain Transfer and Assignment of Interest in Lease which is attached hereto, incorporated herein and by reference made a part hereof as Exhibit B; and Whereas, Downtown and Consolidated propose that upon the execution of the Amendment To Lease set forth in the aforesaid Exhibit A hereof and the Transfer and Assignment of Interest in Lease set forth in the aforesaid Exhibit B hereof, Downtown assign all its rights, title and interest in, to, under and by virtue of said amendment and in the property therein described to Consolidated pursuant to the terms of that certain Transfer and Assignment of Interest in Lease which is attached hereto, incorporated herein and by reference made a part hereof as Exhibit C; and

Page 1253

Whereas, the Trustees and Consolidated propose that the 1950 Lease be further amended to reflect the severance of Tract 5 therefrom as set forth in that certain Amendment To Lease which is attached hereto, incorporated herein and by reference made a part hereof as Exhibit D; and Whereas, under and by virtue of that certain unrecorded lease dated March 1, 1972, entered into by and between the State Of Georgia, as lessor, acting through the State Properties Control Commission and by virtue of and pursuant to the authority granted by Resolution Act No. 102 passed by the 1972 Regular Session of the Georgia General Assembly and approved by the Governor of the State Of Georgia on March 1, 1972 (Ga. L. 1972, pp. 58-132), and Allright Parking of Georgia, Inc., hereinafter referred to as Allright, said Lease being hereinafter referred to as the 1972 Allright Lease, Lessor did lease and demise unto Allright, subject to certain encumbrances enumerated therein, certain real property located in Fulton County, Georgia, a portion of which (consisting of air rights only) is more particularly described in Exhibit E attached hereto, incorporated herein and made a part hereof; and Whereas, under and by virtue of that certain unrecorded Sublease dated October 11, 1972, entered into by and between Allright, as Sublessor, and Forum International, Inc., hereinafter referred to as Forum, as Sublessee, said Sublease, as subsequently amended from time to time being hereinafter referred to as the 1972 Sublease, Allright did lease and demise unto Forum certain real property (consisting of air rights only) located in Fulton County, Georgia, which is more particularly described in Exhibit E hereof; and Whereas, Allright, as Sublessor, and Omni International, Inc. (Omni) (formerly Forum), as Sublessee, entered into a Restated Sublease dated September 28, 1973, and recorded in Deed Book 5941, p. 95-123, aforesaid Records, said Restated Sublease being hereinafter referred to as the Restated Sublease, which Restated

Page 1254

Sublease superseded for all purposes the said 1972 Sublease, and under the terms of the said Restated Sublease Allright leased and demised to Omni certain real property (consisting of air rights only) located in Fulton County, Georgia, said real property being more particularly described in Exhibit E hereof; and Whereas, under and by virtue of an assignment dated November 20, 1973, and recorded in Deed Book 5946, p. 21-32, aforesaid Records, Omni assigned all of its rights, title and interest in, to, under and by virtue of the said Restated Sublease to Downtown; and Whereas under and by virtue of an assignment dated as of November 26, 1973, and recorded in Deed Book 5946, p. 93-99, aforesaid Records, Downtown assigned all of its rights, title and interest in, to, under and by virtue of the said Restated Sublease to Downtown Development Corp., FM Air Rights Company, and City Center, Inc., said Downtown Development Corp., FM Air Rights Company and City Center, Inc., comprising a joint venture doing business under the name of Atlanta Air Rights Co. and being hereinafter sometimes collectively referred to as Atlanta Air-Rights Co.; and Whereas, under and by virtue of an assignment dated as of November 26, 1973, and recorded in Deed Book 5946, p. 348-351, aforesaid Records, Atlanta Air-Rights Co. assigned all of its rights, title and interest in, to, under and by virtue of the said Restated Sublease to Consolidated; and Whereas, Consolidated, Downtown Development Corp., FM Air Rights Company, City Center, Inc., and Allright have proposed that the portion of the real property which was demised by the State Of Georgia to Allright under the said 1972 Allright Lease and which was thereafter subleased by Allright to Omni under the said Restated Sublease, said property being more particularly described in Exhibit E hereof and being hereinafter sometimes referred to as the Severed Allright Property, be served from the said 1972 Allright Lease; that the said Restated

Page 1255

Sublease be terminated; that Allright be relieved of its obligations under the said 1972 Allright Lease as to the Severed Allright Property; and that the Severed Allright Property be incorporated into that certain Amendment To Lease set forth in Exhibit F attached hereto, incorporated herein and by this reference made a part of this Resolution; and Whereas, under and by virtue of that certain Lease dated January 12, 1960, entered into by and between the Western and Atlantic Railroad Commission, a predecessor in law to the State Properties Commission, acting for the State Of Georgia and by virtue of and pursuant to the authority granted by (i) Resolution Act No. 797 passed by the 1950 Regular Session of the Georgia General Assembly and approved by the Governor of the State Of Georgia on February 17, 1950 (Ga. L. 1950, pp. 408-412), and (ii) Resolution Act No. 393 passed by the 1959 Regular Session of the Georgia General Assembly and approved by the Governor of the State Of Georgia on March 17, 1959 (Ga. L. 1959, pp. 365-366), as lessor and City Center, Inc., a Georgia corporation, as lessee, recorded in Deed Book 4721, p. 28-39, aforesaid Records, said Lease, as subsequently amended from time to time as more particularly hereinafter set forth, being hereinafter referred to as the 1960 Lease, lessor did lease and demise unto City Center, Inc., the air rights above certain real property located in Fulton County, Georgia; and Whereas, under and by virtue of that certain Contract dated November 25, 1966, and recorded in Deed Book 4721, Pages 5-12, aforesaid Records, City Center, Inc., assigned all of its rights, title and interest in, to, under and by virtue of the said 1960 Lease to Cousins Properties Incorporated; and Whereas, under and by virtue of an assignment dated December 20, 1966, and recorded in Deed Book 4721, p. 1-4, aforesaid Records, Cousins Properties Incorporated assigned all of its rights, title and interest in, to, under and by virtue of the said 1960 Lease to Downtown; and

Page 1256

Whereas, under and by virtue of an assignment dated April 10, 1967, and recorded in Deed Book 4741, p. 82-84, aforesaid Records, Downtown assigned its rights, title and interest in, to, under and by virtue of the said 1960 Lease, as to a thirty-seven and one-half (37.5%) per cent undivided interest therein, to FM Air Rights Company, a Delaware corporation; and Whereas, under and by virtue of an assignment dated April 10, 1967, and recorded in Deed Book 4741, p. 85-86, aforesaid Records, Downtown assigned its rights, title and interest in, to, under and by virtue of the said 1960 Lease, as to a twenty-five (25%) per cent undivided interest therein, to City Center, Inc.; and Whereas, the said 1960 Lease was amended by an instrument executed by and between the parties thereto dated February 15, 1968, and recorded in Deed Book 4903, p. 422-428, aforesaid Records, and by a further instrument dated January 31, 1972, and recorded in Deed Book 5545, p. 295-302, aforesaid Records; and Whereas, a portion of the property demised under the said 1960 Lease (and being therein designated as Tract 3), a portion of the property demised under the said 1972 Allright Lease (and being therein designated as Tracts 6, 7 and 8), and a portion of the property demised under the said 1972 Sublease were severed from their respective leases and incorporated into a new direct lease dated April 9, 1973, hereinafter referred to as the Direct 1973 Omni Lease, entered into by and between the State Of Georgia, acting through the State Properties Control Commission and by virtue of and pursuant to the authority granted by Resolution Act No. 11 passed by the 1973 Regular Session of the Georgia General Assembly and approved by the Governor of the State Of Georgia on April 9, 1973 (Ga. L. 1973, pp. 346-430), and Omni, as lessee, which direct lease is recorded in Deed Book 5851, p. 191-293, aforesaid Records; and Whereas, under and by virtue of an assignment dated as of November 26, 1973, and recorded in Deed Book

Page 1257

5946, p. 87-89, aforesaid Records, FM Air Rights Company assigned its rights, title and interest in, to, under and by virtue of the said 1960 Lease, as to a two and one-half (2.5%) per cent undivided interest therein, to Downtown; and Whereas, under and by virtue of an assignment dated as of November 26, 1973, and recorded in Deed Book 5946, p. 90-92, aforesaid Records, City Center, Inc., assigned its rights, title and interest in, to, under and by virtue of the said 1960 Lease, as to a twelve and one-half (12.5%) per cent undivided interest therein, to Downtown; and Whereas, under and by virtue of an assignment dated as of November 26, 1973, and recorded in Deed Book 5946, p. 343-347, aforesaid Records, Downtown Development Corp., FM Air Rights Company and City Center, Inc., assigned all of their rights, title and interest in, to, under and by virtue of the said 1960 Lease to Consolidated; and Whereas, under and by virtue of that certain Lease dated May 15, 1970, entered into by and between the State Of Georgia, acting through the State Properties Control Commission and by virtue of and pursuant to the authority granted by (i) Resolution Act No. 240 passed by the 1970 Regular Session of the Georgia General Assembly and approved by the Governor of the State Of Georgia on March 24, 1970 (Ga. L. 1970, pp. 752-838), and (ii) Resolution Act No. 267 passed by the 1970 Regular Session of the Georgia General Assembly and approved by the Governor of the State Of Georgia on March 24, 1970 (Ga. L. 1970, pp. 850-937), and Downtown Development Corp., FM Air Rights Company and City Center, Inc., a Joint Venture Partnership, said Downtown Development Corp., FM Air Rights Company and City Center, Inc., doing business as Atlanta Air-Rights Co., as lessee, recorded in Deed Book 5544, p. 365-432, aforesaid Records, said Lease being hereinafter referred to as the 1970 Lease, the State Of Georgia did lease and demise unto Atlanta Air-Rights Co. certain real property (consisting

Page 1258

of air rights only) located in Fulton County, Georgia, said real property being more particularly described in the said 1970 Lease; and Whereas, under and by virtue of an assignment dated as of November 26, 1973, and recorded in Deed Book 5946, p. 339-342, aforesaid Records, Atlanta Air-Rights Co. assigned all of its rights, title and interest in, to, under and by virtue of the said 1970 Lease to Consolidated; and Whereas, Consolidated, as lessee or as the assignee of the lessee of each of the aforesaid leases and subleases, Atlanta Air-Rights Company, City Center, Inc., Allright Parking of Georgia, Inc., and the Trustees propose that the said 1960 Lease and the said 1970 Lease be amended as set forth in that certain Amendment To Leases which is attached hereto, incorporated herein and by reference made a part of this Resolution as Exhibit F, and further that the Severed Allright Property and the Severed Peachtree-Whitehall Property be incorporated into said Amendment To Leases; and Whereas, Consolidated and the Trustees propose that the said 1950 Lease be amended to effectuate the severance of the Severed Peachtree-Whitehall Property from the said 1950 Lease and the incorporation thereof into an amendment to the said 1950 Lease; and Whereas, Allright and Consolidated propose that the 1972 Allright Lease be amended to effectuate the severance of the Severed Allright Property from the said 1972 Allright Lease; and Whereas, the aforesaid proposals were presented to the State Properties Commission at its duly-called meeting of December 18, 1973, and were subsequently reviewed by a duly-appointed subcommittee of said Commission; and Whereas, at its duly-called meeting of January 31, 1974, the State Properties Commission resolved to transmit

Page 1259

the aforesaid proposals to the Georgia General Assembly for further consideration and action; and Whereas, the actions contemplated by the aforesaid proposals which are hereinafter approved will be beneficial to the State Of Georgia in that (i) the rents payable to the State Of Georgia as a result of the aforesaid proposals are substantially greater than the minimum rents now payable, (ii) the proposed amendments will permit more efficient administration of the property of the State Of Georgia which is covered by the leases affected thereby and (iii) the proposed amendments will also enable the lessee of the property to obtain the financing necessary to permit development of the property; and Whereas, the General Assembly has considered the aforesaid proposals and has determined that they should be approved and authorized. Now, therefore, be it resolved by the General Assembly of Georgia: Section 1. That the Governor of the State Of Georgia be and is hereby authorized and empowered to execute the following documents on behalf of the State Of Georgia, his signature being attested in each instance by the Secretary of State of the State Of Georgia: (a) that certain Amendment To Lease set forth in Exhibit A attached hereto, incorporated herein and by reference made a part hereof; and (b) that certain Amendment To Lease set forth in Exhibit D attached hereto, incorporated herein and by reference made a part hereof; and (c) that certain Amendment To Lease set forth in Exhibit E attached hereto, incorporated herein and by reference made a part hereof; and (d) that certain Amendment To Leases set forth in

Page 1260

Exhibit F attached hereto, incorporated herein and by reference made a part hereof. Section 2. That the Transfers and Assignments set forth in Exhibits B and C attached hereto, incorporated herein and by reference made a part hereof be and the same are hereby consented to and approved. Section 3. That upon the execution of that certain Amendment To Lease set forth in Exhibit E hereof, the property described therein shall be severed from the operation of the said 1972 Allright Lease, and that Allright Parking of Georgia, Inc., shall be and is hereby relieved of its obligations under the 1972 Allright Lease as to the property described in the aforesaid Exhibit E. Section 4. That upon the execution of that certain Amendment To Lease set forth in Exhibit F hereof the Trustees shall be and are hereby relieved of all their obligations under the said 1950 Lease as to the property described in the aforesaid Exhibit A. Section 5. That this Resolution shall become effective immediately upon (but only upon) its approval by the Governor. EXHIBIT A AMENDMENT TO LEASE BY AND BETWEEN STATE OF GEORGIA AND TRUSTEES UNDER THE WILL OF BEN J. MASSELL, DECEASED Georgia, Fulton County. AMENDMENT TO LEASE This Amendment to Lease, hereinafter for convenience referred to as the Amended Lease, is made and entered into this..... day of....., 197....., by and between the State of Georgia, acting through its Governor and Secretary of State and by virtue of and pursuant to the authority granted by Resolution Act. No...... passed

Page 1261

by the 1974 Regular Session of the Georgia General Assembly and approved by the Governor of the State Of Georgia on....., 1974 (Ga. L. 1974, pp......), Party Of The First Part, hereinafter for convenience referred to as Lessor, and Simon S. Selig, Jr., Charles R. Massell and B. F. Pattillo as Trustees under the will of Ben J. Massell, Deceased, Parties Of The Second Part, hereinafter for convenience collectively referred to as Lessee. WITNESSETH THAT: Whereas, Lessor is the owner of the fee simple title in and to certain real property located in Fulton County, Georgia said real property being more particularly described in Exhibit A which is attached hereto, incorporated herein and by this reference made a part hereof; and Whereas, under and by the virtue of that certain Lease dated December 26, 1950, entered into by and between the Western and Atlantic Railroad Commission, a predecessor in law to the State Properties Commission, acting for the State Of Georgia and by virtue of and pursuant to the authority granted by Resolution Act No. 797 passed by the 1950 Regular Session of the Georgia General Assembly and approved by the Governor of the State Of Georgia on February 17, 1950 (Ga. L. 1950, pp. 408-412), as lessor, and Peachtree-Whitehall, Inc., a Georgia corporation, as lessee, recorded in Deed Book 2599, p. 508-512, of the Records of the Clerk of the Superior Court of Fulton County, Georgia, said Lease, as subsequently amended from time to time as more particularly hereinafter set forth prior to the date of execution of this Amended Lease by Lessor, being hereinafter referred to as the 1950 Lease, lessor did lease and demise unto Peachtree-Whitehall, Inc. certain real property (consisting of air rights only) located in Fulton County, Georgia, and being designated in the said 1950 Lease as Tracts 3, 4 and 5 respectively; and Whereas, the said 1950 Lease was confirmed by Resolution

Page 1262

Act No. 11 passed by the 1951 Regular Session of the Georgia General Assembly and approved by the Governor of the State Of Georgia on February 19, 1951 (Ga. L. 1951, pp. 824-826); and Whereas, the said 1950 Lease was subsequently amended by Resolution Act No. 469 passed by the 1951 Regular Session of the Georgia General Assembly and approved by the Governor of the State Of Georgia on February 21, 1951 (Ga. L. 1951, pp. 748-749), and by an agreement between the parties to the said 1950 Lease dated December 21, 1954, recorded in Deed Book 4420, p. 579-583, aforesaid Records; and Whereas, the said 1950 Lease was assigned by Peachtree-Whitehall, Inc. to Simon S. Selig, Jr., Charles R. Massell and B. F. Pattillo as Trustees of the Marital Deduction Trust Under the Will of Ben J. Massell, deceased (hereinafter collectively referred to as the Massell Trustees), by a Transfer of Lease dated May 31, 1968, and recorded in Deed Book 5022, p. 185, aforesaid Records; and Whereas, under and by virtue of that certain unrecorded Sublease dated August 15, 1969, entered into by and between the Massell Trustees, as Sublessor, and Downtown Development Corp., a Georgia corporation, hereinafter sometimes referred to as Downtown, as Sublessee, said Sublease, as subsequently amended from time to time, being hereinafter referred to as the 1969 Sublease, the Massell Trustees did lease and demise unto Downtown certain real property (consisting of air rights only) located in Fulton County, Georgia, said real property consisting of the air rights over Tracts 4 and 5 of the real property demised to the Massell Trustees under the said 1950 Lease; and Whereas, the said 1950 Lease was further amended by an unrecorded agreement entered into by and between Lessor, acting through the State Properties Control Commission, a successor in law to the Western and Atlantic

Page 1263

Railroad Commission, by virtue of and pursuant to the authority granted by Resolution Act No. 126 passed by the 1970 Regular Session of the Georgia General Assembly and approved by the Governor of the State of Georgia on March 20, 1970 (Ga. L. 1970, pp. 408-415), as Party Of The First Part, and the Massell Trustees and Downtown, as Parties Of The Second Part; and Whereas, the said 1969 Sublease was amended by an unrecorded agreement entered into by and between the Massell Trustees and Downtown, date May 14, 1970; and Whereas, the Massell Trustees, as Sublessor, and Downtown, as Sublessee, did enter into a restated Sublease dated May 31, 1971, hereinafter referred to as the 1971 Sublease, a short form of which is recorded in Deed Book 5477, p. 118-120, aforesaid Records, which 1971 Sublease provides that it contains the entire agreement of the parties thereto and supercedes the said 1969 Sublease; and under the terms of which 1971 Sublease the Massell Trustees did lease and demise unto Downtown certain real property located in Fulton County, Georgia, said real property consisting of the air rights over Tracts 4 and 5 of the real property demised to the Massell Trustees under the said 1950 Lease and being the same property as was demised under the said 1969 Sublease; and Whereas, under and by virtue of an assignment dated as of November 26, 1973, and recorded in Deed Book 5946, p. 67-68, aforesaid Records, Downtown assigned all of its rights, title and interest in, to, under and by virtue of the said 1971 Sublease to Downtown Development Corp., a Georgia corporation, FM Air Rights Company, a Delaware corporation, and City Center, Inc., a Georgia corporation (said Downtown Development Corp., FM Air Rights Company and City Center, Inc., comprising a joint venture doing business under the name of Atlanta Air-Rights Co. and being hereinafter sometimes collectively referred to as Atlanta Air-Rights Co.); and Whereas, under and by virtue of an assignment dated as of November 26, 1973, recorded in Deed Book 5946, p.

Page 1264

321-323, aforesaid Records, Atlanta Air-Rights Co. assigned all of its rights, title and interest in, to, under and by virtue of the said 1971 Sublease to Consolidated Atlanta Properties, Ltd., a Fulton County, Georgia, Limited Partnership whose sole general partner is Downtown Development Corp. and whose sole limited partners are FM Air Rights Company and City Center, Inc. (said Consolidated Atlanta Properties, Ltd. being hereinafter sometimes referred to as CAPCO); and Whereas, Lessee is the successor in interest to the Massell Trustees; and Whereas, Lessee and CAPCO have proposed that the portion of the real property demised by the Western Atlantic Railroad Commission to Peachtree-Whitehall, Inc., under the said 1950 Lease (and therein designated as Tract 5), being a portion of the property demised by Lessee to Downtown under the said 1971 Sublease and being hereinafter sometimes referred to as Severed Peachtree-Whitehall Tract 5, be severed from the said 1950 Lease; that the said 1971 Sublease be terminated as to the Severed Peachtree-Whitehall Tract 5; that the Severed Peachtree-Whitehall Tract 5 be incorporated into an amendment to the 1950 Lease to be entered into by and between Lessor and Lessee upon substantially the same terms and conditions, appropriately prorated, as were contained in the said 1950 Lease, as amended; and Whereas, the execution of this Amended Lease by Lessor and Lessee has been approved by Resolution Act. No...... passed by the 1974 Regular Session of the Georgia General Assembly and approved by the Governor of the State of Georgia on....., 1974 (Ga. L. 1974, pp...... -.....); Now, therefore, in consideration of the premises, the rental to be paid hereunder, the mutual covenants and agreements herein set forth by each party to be kept and performed, and for other good and valuable consideration, the receipt, adequacy and sufficiency whereof being hereby expressly acknowledged by each party hereto,

Page 1265

Lessor and Lessee do hereby mutually covenant and agree that the said 1950 Lease is hereby amended as hereinafter set forth and as amended is hereby substituted for and in lieu of the said 1950 Lease as the entire agreement between Lessor and Lessee with respect to the property described in Exhibit A hereof and the rights in respect thereto which are leased and demised hereunder; and from and after the date of the execution hereof, all rights, duties, obligations and liabilities of Lessor and Lessee with respect to the property described in Exhibit A hereof shall be determined in accordance with the provisions, covenants, agreements, stipulations, terms and conditions of this Amended Lease, which are as follows: WITNESSETH THAT: The Lessor, for and in consideration of the premises and of the rents, provisions, covenants, agreements, stipulations, terms and conditions set forth in that certain Lease dated December 26, 1950, entered into by and between the Western and Atlantic Railroad Commission, a predecessor in law to the State Properties Commission, acting for the State Of Georgia and by virtue of and pursuant to the authority granted by Resolution Act No. 797 passed by the 1950 Regular Session of the Georgia General Assembly and approved by the Governor of the State Of Georgia on February 17, 1950 (Ga. L. 1950, pp. 408-412), as lessor, and Peachtree-Whitehall, Inc., a Georgia corporation, a lessee, as heretofore amended, which Lease is for all purposes incorporated in and by this reference made a part of this Amended Lease, does hereby let, lease and demise unto Lessee and Lessee does hereby take, lease and hire from Lessor, all the right, title and interest which Lessor has in and to the property which is more particularly described in Exhibit A attached hereto, incorporated herein and by this reference made a part hereof, EXCEPT that the monthly rental schedule payable (excluding reappraisal provisions, which are not affected hereby) during the term of this Amended Lease shall be as follows:

Page 1266

$1,041.67 from the date of the execution of this Amended Lease to December 27, 1979 $1,388.89 from December 28, 1979 to December 27, 1989 $1,805.55 from December 28, 1989 to December 27, 1999 $2,083.33 from December 28, 1999 to December 27, 2009 $2,361.11 from December 28, 2009 to December 27, 2019 $2,638.89 from December 28, 2019 to December 27, 2029 $2,916.67 from December 28, 2029 to December 27, 2039 $3,194.44 from December 28, 2039 to December 27, 2044. In witness whereof, Jimmy Carter, as Governor of the State Of Georgia, and Ben W. Fortson, Jr., as Secretary of State of the State Of Georgia, have this..... day of....., 197....., signed, sealed and delivered (affixed the great seal of the State Of Georgia to) this Amended Lease for and on behalf of the State Of Georgia, Lessor, in duplicate, and Lessee, Simon S. Selig, Jr., Charles R. Massell and B. F. Pattillo, as Trustees Under the Will of Ben J. Massell, deceased, have signed, sealed and delivered this Amended Lease, also in duplicate. Signed, sealed and delivered in the presence of: (As to the signatures of Jimmy Carter, as Governor of the State Of Georgia, and Ben W. Fortson, Jr., as Secretary of State of the State of Georgia)

Page 1267

As to Simon S. Selig, Jr., Signed, sealed and delivered in the presence of: /s/ William A. Rush Witness /s/ Janet McGuire Notary Public,, Georgia State at Large. My Commission Expires May 6, 1977. Affix Notary Public Seal here Trustees under the will of Ben J. Massell, Deceased (Seal) /s/ Simon S. Selig, Jr. as Trustee (Seal) As to Charles R. Massell, Signed sealed and delivered in the presence of: /s/ William A. Rush Witness /s/ Janet McGuire Notary Public, Georgia State at Large. My Commission Expires May 6, 1977. Affix Notary Public Seal here /s/ Charles R. Massell as Trustee (Seal)

Page 1268

As to B. F. Pattillo, Signed, sealed and delivered in the presence of: /s/ William A. Rush Witness /s/ Janet McGuire Notary Public, Georgia State at Large. My Commission Expires May 6, 1977. Affix Notary Public Seal here /s/ B. F. Pattillo Trustee (Seal) Exhibit A All of the air space over and above a horizontal elevation plane of twenty feet three inches (20[prime] 3[Prime]) above the top of the railroad tracks of Western Atlantic Railroad (as said rail was in existence as of December 21, 1954), which lies within the boundary of the following described property; ALL that tract or parcel of land lying and being in Land Lot 78 of the 14th District of Fulton County, Georgia, and being more particularly described as follows: TO FIND THE POINT OF BEGINNING, commence at the point at the intersection formed by the northeast line of the right-of-way of Alabama Street (being 72.1 feet in width at said point) and the northwest line of the right-of-way of Forsyth Street (being 58.8 feet in width at said point); run thence northeasterly along the north-west line of said right-of-way of Forsyth Street which forms an angle of 89 degrees 35 minutes 30 seconds with the northeast line of said right-of-way of Alabama Street a distance of 117.65 feet to a point; run thence northeasterly along the northwest line of said right-of-way of Forsyth Street which forms an angle of 176 degrees 24 minutes 30 seconds with the last preceding course a distance of 121.05 feet to a point; run thence northeasterly

Page 1269

along the northwest line of said right-of-way of Forsyth Street which forms an angle of 180 degrees 59 minutes with the last preceding course a distance of 42.25 feet to a point; run thence northeasterly along the northwest line of said right-of-way of Forsyth Street which forms an angle of 179 degrees 27 minutes with the last preceding course a distance of 73.3 feet to a point; run thence northwesterly along a line forming an angle of 99 degrees 39 minutes with the last preceding course a distance of 212.9 feet to THE POINT OF BEGINNING; FROM THE TRUE POINT OF BEGINNING AS THUS ESTABLISHED, running thence southwesterly along a line forming an exterior angle of 92 degrees 35 minutes with the last preceding course a distance of 150.0 feet to a point; running thence northwesterly along a line forming an exterior angle of 256 degrees 54 minutes with the last preceding course a distance of 51.1 feet to a point; running thence southwesterly along a line forming an exterior angle of 99 degrees 41 minutes with the last preceding course a distance of 66.3 feet to a point; running thence northwesterly along a line forming an exterior angle of 242 degrees 12 minutes with the last preceding course a distance of 170.0 feet to a point on a line being coincident with the southeast edge of Spring Street Viaduct; running thence north 18 degrees 32 minutes 30 seconds east along a line being coincident with the southeast edge of Spring Street Viaduct forming an interior angle of 84 degrees 47 minutes with the last preceding course a distance of 334.5 feet to a point; running thence southeasterly along a line forming an interior angle of 66 degrees 35 minutes with the last preceding course a distance of 338.2 feet to THE POINT OF BEGINNING; being the property designated as Tract 3 and shown as containing 1.56 acres and 68,207 square feet on that certain Blueprint of Survey, captioned SURVEY FOR CONSOLIDATED ATLANTA PROPERTIES, LTD, dated December 27, 1973, last revised January 17, 1974, prepared by A. W. Browning, Georgia Registered Land Surveyor #490, recorded in Plat Book 104 Page 67, of the Records of the Clerk of the Superior Court of Fulton County, Georgia, which Blueprint of Survey is for all purposes by this reference incorporated

Page 1270

herein and made a part of this Amended Lease. Together with so much of the above described land as is necessary for supports and appurtenances for the structures to be constructed within said air space, including necessary supporting piers and foundations sewer and drainage conduits, and similar necessary structures which must reach the ground level or below. EXHIBIT B TRANSFER AND ASSIGNMENT OF INTEREST IN LEASE BY TRUSTEES UNDER THE WILL OF BEN J. MASSELL, DECEASED TO DOWNTOWN DEVELOPMENT CORP. TRANSFER AND ASSIGNMENT OF INTEREST IN LEASE For value received, Simon S. Selig, Jr., Charles R. Massell and B. F. Pattillo, as Trustees Under the Will of Ben J. Massell, Deceased (hereinafter collectively referred to as Assignor), do hereby bargain, sell, set over, convey, transfer and assign to Downtown Development Corp., a Georgia corporation (hereinafter referred to as Assignee), all of Assignor's rights, title and interest in, under and to that certain unrecorded Lease entered into by and between the State Of Georgia, acting through its Governor and Secretary of State and by virtue of and pursuant to the authority granted by Resolution Act No...... passed by the 1974 Regular Session of the Georgia General Assembly and approved by the Governor of the State Of Georgia on....., 1974 (Ga. L. 1974, pp...... -.....), Party Of The First Part, as lessor, and Simon S. Selig, Jr., Charles R. Massell and B. F. Pattillo, as Trustees Under the Will of Ben J. Massell, Deceased, Parties Of The Second Part, as lessee, which Lease conveys a leasehold estate in and to certain real property, which real property is more particularly described on Exhibit A attached hereto and by reference

Page 1271

made a part hereof, for a term commencing on....., 197....., and expiring on December 27, 2044; together with all of Assignor's rights, title and interest in, to, under and by virtue of that certain Sublease entered into by and between Simon S. Selig, Jr., Charles R. Massell and B. F. Pattillo as Trustees of the Martial Deduction Trust under the Will of Ben J. Massell, deceased, as sublessor, and Assignee, as sublessee, dated May 31, 1971, a short form of which is recorded in Deed Book 5477, p. 118, Fulton County, Georgia Records, as amended by that certain Amendment To Sublease dated of even date herewith entered into by and between Assignor and Consolidated Atlanta Properties, Ltd., which Amendment To Sublease covers the same property described on Exhibit A attached hereto and by reference made a part hereof; and together with all of Assignor's rights, title and interest in and to said real property described in said Exhibit A attached hereto and all appurtenances thereunto belonging; and Assignee hereby accepts said transfer and assignment of all of Assignor's rights, title and interest in, under and to said Lease and said Sublease and hereby assumes and agrees to perform and be liable for all of the covenants, agreements and obligations of the lessee under said Lease and of the sublessor under said Sublease. In witness whereof, the parties have hereunto set their hands and affixed their respective seals, this..... day of....., 1974. Assignor Trustees under the will of Ben J. Massell, Deceased (Seal) /s/ Simon S. Selig, Jr. as Trustee (Seal) As to Simon S. Selig, Jr., Signed, sealed and delivered in the presence of: /s/ William A. Rush Witness
Page 1272

/s/ Janet McGuire Notary Public, Georgia State at Large. My Commission Expires May 6, 1977. Affix Notary Public Seal here /s/ Charles R. Massell as Trustee (Seal) As to Charles R. Massell, Signed, sealed and delivered in the presence of: /s/ William A. Rush Witness /s/ Janet McGuire Notary Public, Georgia State at Large. My Commission Expires May 6, 1977. Affix Notary Public Seal here /s/ B. F. Pattillo as Trustee (Seal) As to B. F. Pattillo, Signed, sealed and delivered in the presence of: /s/ William A. Rush Witness /s/ Janet McGuire Notary Public, Georgia State at Large. My Commission Expires May 6, 1977. Affix Notary Public Seal here Assignee Downtown Development Corp. (Seal) /s/ John D. Arndt V. Pres. (Seal) /s/ J. M. Barge Asst. Sec. (Seal) Affix Corporate Seal here

Page 1273

Signed, sealed and delivered in the presence of: /s/ William A. Rush Witness /s/ Janet McGuire Notary Public, Georgia State at Large. My Commission Expires May 6, 1977. Affix Notary Public Seal here Exhibit A All of the air space over and above a horizontal elevation plane of twenty feet three inches (20[prime] 3[Prime]) above the top of the railroad tracks of Western Atlantic Railroad (as said rail was in existence as of December 21, 1954), which lies within the boundary of the following described property; ALL that tract or parcel of land lying and being in Land Lot 78 of the 14th District of Fulton County, Georgia, and being more particularly described as follows: TO FIND THE POINT OF BEGINNING, commence at the point at the intersection formed by the northeast line of the right-of-way of Alabama Street (being 72.1 feet in width at said point) and the northwest line of the right-of-way of Forsyth Street (being 58.8 feet in width at said point); run thence northeasterly along the northwest line of said right-of-way of Forsyth Street which forms an angle of 89 degrees 35 minutes 30 seconds with the northeast line of said right-of-way of Alabama Street a distance of 117.65 feet to a point; run thence northeasterly along the northwest line of said right-of-way of Forsyth street which forms an angle of 176 degrees 24 minutes 30 seconds with the last preceding course a distance of 121.05 feet to a point; run thence northeasterly along the northwest line of said right-of-way of Forsyth Street which forms an angle of 180 degrees 59 minutes with the last preceding course a distance of 42.25 feet to a point; run thence northeasterly along the northwest line of said right-of-way of Forsyth Street

Page 1274

which forms an angle of 179 degrees 27 minutes with the last preceding course a distance of 73.3 feet to a point; run thence northwesterly along a line forming an angle of 99 degrees 39 minutes with the last preceding course a distance of 212.9 feet to THE POINT OF BEGINNING; FROM THE TRUE POINT OF BEGINNING AS THUS ESTABLISHED, running thence southwesterly along a line forming an exterior angle of 92 degrees 35 minutes with the last preceding course a distance of 150.0 feet to a point; running thence northwesterly along a line forming an exterior angle of 256 degrees 54 minutes with the last preceding course a distance of 51.1 feet to a point; running thence southwesterly along a line forming an exterior angle of 99 degrees 41 minutes with the last preceding course a distance of 66.3 feet to a point; running thence northwesterly along a line forming an exterior angle of 242 degrees 12 minutes with the last preceding course a distance of 170.0 feet to a point on a line being coincident with the southeast edge of Spring Street Viaduct; running thence north 18 degrees 32 minutes 30 seconds east along a line being coincident with the southeast edge of Spring Street Viaduct forming an interior angle of 84 degrees 47 minutes with the last preceding course a distance of 334.5 feet to a point; running thence southeasterly along a line forming an interior angle of 66 degrees 35 minutes with the last preceding course a distance of 338.2 feet to THE POINT OF BEGINNING; being the property designated as Tract 3 and shown as containing 1.56 acres and 68,207 square feet on that certain Blueprint of Survey, captioned SURVEY FOR CONSOLIDATED ATLANTA PROPERTIES, LTD., dated December 17, 1973, last revised January 17, 1974, prepared by A. W. Browning, Georgia Registered Land Surveyor #490, recorded in Plat Book 104, Page 67, of the Records of the Clerk of the Superior Court of Fulton County, Georgia, which Blueprint of Survey is for all purposes by this reference incorporated herein and made a part hereof. Together with so much of the above described land as is necessary for support and appurtenance for the structures

Page 1275

to be constructed within said air space, including necessary supporting, piers and foundations, sewer and drainage conduits, and similar necessary structures which must reach the ground level or below. EXHIBIT C TRANSFER AND ASSIGNMENT OF INTEREST IN LEASE BY DOWNTOWN DEVELOPMENT CORP. TO CONSOLIDATED ATLANTA PROPERTIES LTD. TRANSFER AND ASSIGNMENT OF INTEREST IN LEASE For value received, Downtown Development Corp., a Georgia corporation (hereinafter referred to as Assignor), does hereby bargain, sell, set over, convey, transfer and assign to Consolidated Atlanta Properties, Ltd., a Fulton County, Georgia, limited partnership whose sole General Partner is Downtown Development Corp., and whose sole Limited Partners are FM Air Rights Company, a Delaware corporation, and City Center, Inc., a Georgia corporation (said Consolidated Atlanta Properties, Ltd. being hereinafter referred to as Assignee), all of Assignor's rights, title and interest in, under and to that certain unrecorded Lease entered into by and between the State of Georgia, acting through its Governor and Secretary of State and by virtue of and pursuant to the authority granted by Resolution Act. No...... passed by the 1974 Regular Session of the Georgia General Assembly and approved by the Governor of the State of Georgia on....., 1974 (Ga. L. 1974, pp......), Party of The First Part, as lessor, and Simon S. Selig, Jr., Charles R. Massell and B. F. Pattillo, as Trustees Under the Will of Ben J. Massell, Deceased, Parties Of The Second Part, as lessee, which Lease conveys a leasehold estate in and to certain real property, which real property is more particularly described on Exhibit A attached hereto and by reference made a part hereof, for a term commencing on....., 197....., and expiring on December 27, 2044, together with

Page 1276

all of Assignor's rights, title and interest in and to said real property described on said Exhibit A and all appurtenances thereunto belonging, and Assignee hereby accepts said transfer and assignment of all of Assignor's rights, title and interest in, under and to said Lease and said real property and hereby assumes and agrees to perform and be liable for all of the covenants and agreements and obligations of the lessee under said Lease. Assignor and Assignee hereby covenant and agree that that certain Sublease entered into and between Simon S. Selig, Jr., Charles R. Massell and B. F. Pattillo, as Trustees of the Martial Deduction Trust under the Will of Ben J. Massell, Deceased, as sublessor, and Assignor, as sublessee, dated May 31, 1971, as amended, covering the same property, a short form of which is recorded in Deed Book 5477, p. 118, Fulton County, Georgia, Records, is hereby terminated and shall be null and void and of no further force nor effect. In witness whereof, the parties have hereunto set their hands and affixed their respective seals, this..... day of....., 1974. Signed, sealed and delivered in the presence of: /s/ Stephen F. McLaughlin Witness /s/ Sibyl Belk Langley Notary Public, Georgia, State at Large. My Commission Expires Mar. 25, 1977. Affix Notary Public Seal here Assignor Downtown Development Corp. (Seal) /s/ John D. Arndt V. Pres. (Seal) /s/ J. M. Barge Asst. Sec. (Seal) Affix Corporate Seal here

Page 1277

Signed, sealed and delivered in the presence of /s/ Stephen F. McLaughlin Witness /s/ Sibyl Belk Langley Notary Public, Georgia, State at Large. My Commission Expires Mar. 25, 1977. Affix Notary Public Seal here Assignee Consolidated Atlanta Properties, Ltd., a Georgia Limited Partnership /s/ Downtown Development Corp. Sole General Partner (Seal) /s/ John D. Arndt V. Pres. (Seal) /s/ J. M. Barge Asst. Sec. (Seal) Affix Corporate Seal here Exhibit A All of the air space over and above a horizontal elevation plane of twenty feet three inches (20[prime] 3[Prime]) above the top of the railroad tracks of Western Atlantic Railroad (as said rail was in existence as of December 21, 1954), which lies within the boundary of the following described property: ALL that tract or parcel of land lying and being in Land Lot 78 of the 14th District of Fulton County, Georgia, and being more particularly described as follows: TO FIND THE POINT OF BEGINNING, commence at the point at the intersection formed by the northeast line of the right-of-way of Alabama Street (being 72.1 feet in width at said point) and the northwest line of the

Page 1278

right-of-way of Forsyth Street (being 58.8 feet in width at said point); run thence northeasterly along the northwest line of said right-of-way of Forsyth Street which forms an angle of 89 degrees 35 minutes 30 seconds with the northeast line of said right-of-way of Alabama Street a distance of 117.65 feet to a point; run thence northeasterly along the northwest line of said right-of-way of Forsyth Street which forms an angle of 176 degrees 24 minutes 30 seconds with the last preceding course a distance of 121.05 feet to a point; run thence northeasterly along the northwest line of said right-of-way of Forsyth Street which forms an angle of 180 degrees 59 minutes with the last preceding course a distance of 42.25 feet to a point; run thence northeasterly along the northwest line of said right-of-way of Forsyth Street which forms an angle of 179 degrees 27 minutes with the last preceding course a distance of 73.3 feet to a point; run thence northwesterly along a line forming an angle of 99 degrees 39 minutes with the last preceding course a distance of 212.9 feet to THE POINT OF BEGINNING; FROM THE TRUE POINT OF BEGINNING AS THUS ESTABLISHED, running thence southwesterly along a line forming an exterior angle of 92 degrees 35 minutes with the last preceding course a distance of 150.0 feet to a point; running thence northwesterly along a line forming an exterior angle of 256 degrees 54 minutes with the last preceding course a distance of 51.1 feet to a point; running thence southwesterly along a line forming an exterior angle of 99 degrees 41 minutes with the last preceding course a distance of 66.3 feet to a point; running thence northwesterly along a line forming an exterior angle of 242 degrees 12 minutes with the last preceding course a distance of 170.0 feet to a point on a line being coincident with the southeast edge of Spring Street Viaduct; running thence north 18 degrees 32 minutes 30 seconds east along a line being coincident with the southeast edge of Spring Street Viaduct forming an interior angle of 84 degrees 47 minutes with the last preceding course a distance of 334.5 feet to a point; running thence southeasterly along a line forming an interior angle of 66 degrees 35 minutes with the last preceding course a

Page 1279

distance of 338.2 feet to THE POINT OF BEGINNING; being the property designated as Tract 3 and shown as containing 1.56 acres and 68,207 square feet on that certain Blueprint of Survey, captioned SURVEY FOR CONSOLIDATED ATLANTA PROPERTIES, LTD., dated December 17, 1973, last revised January 17, 1974, prepared by A. W. Browning, Georgia Registered Land Surveyor #490, recorded in Plat Book 104, Page 67, of the Records of the Clerk of the Superior Court of Fulton County, Georgia, which Blueprint of Survey is for all purposes by this reference incorporated herein and made a part hereof. Together with so much of the above described land as is necessary for supports and appurtenances for the structures to be constructed within said air space, including necessary supporting piers and foundations, sewer and drainage conduits, and similar necessary structures which must reach the ground level or below. EXHIBIT D AMENDMENT TO LEASE BY AND BETWEEN STATE OF GEORGIA AND TRUSTEES UNDER THE WILL OF BEN J. MASSELL, DECEASED Georgia, Fulton County. AMENDMENT TO LEASE This Amendment to Lease, hereinafter for convenience referred to as the Amended Lease, is made and entered into this..... day of....., 197....., by and between the STATE OF GEORGIA, acting through its Governor and Secretary of State and by virtue of and pursuant to the authority granted by Resolution Act No...... passed by the 1974 Regular Session of the Georgia General Assembly and approved by the Governor of the State of Georgia on....., 1974 (Ga. L. 1974, pp...... -.....), Party Of The First Part, hereinafter for convenience referred to as Lessor, and Simon S. Selig, Jr., Charles R. Massell and B. F. Pattillo as trustees

Page 1280

under the will of Ben J. Massell, Deceased, Parties Of The Second Part, hereinafter for convenience collectively referred to as Lessee. WITNESSETH THAT: Whereas, Lessor is the owner of the fee simple title in and to certain real property located in Fulton County, Georgia, said real property being more particularly described in the 1950 Lease (as hereinafter defined); and Whereas, under and by the virtue of that certain Lease dated December 26, 1950, entered into by and between the Western and Atlantic Railroad Commission, a predecessor in law to the State Properties Commission, acting for the State Of Georgia and by virtue of and pursuant to the authority granted by Resolution Act. No. 797 passed by the 1950 Regular Session of the Georgia General Assembly and approved by the Governor of the State Of Georgia on February 17, 1950 (Ga. L. 1950, pp. 408-412), as lessor, and Peachtree-Whitehall, Inc., a Georgia corporation, as lessee, recorded in Deed Book 2599, pp. 508-512, of the Records of the Clerk of the Superior Court of Fulton County, Georgia, said Lease, as subsequently amended from time to time as more particularly hereinafter set forth prior to the date of execution of this Amended Lease by Lessor, being hereinafter referred to as the 1950 Lease, lessor did lease and demise unto Peachtree-Whitehall, Inc. certain real property (consisting of air rights only) located in Fulton County, Georgia, and being designated in the said 1950 Lease as Tracts 3, 4 and 5 respectively; and Whereas, the said 1950 Lease was confirmed by Resolution Act No. 11 passed by the 1951 Regular Session of the Georgia General Assembly and approved by the Governor of the State Of Georgia on February 19, 1951 (Ga. L. 1951, pp. 824-826); and Whereas, the said 1950 Lease was subsequently amended by Resolution Act No. 469 passed by the 1951 Regular Session of the Georgia General Assembly and

Page 1281

approved by the Governor of the State of Georgia on February 21, 1951 (Ga. L. 1951, pp. 748-749), and by an agreement between the parties to the said 1950 Lease dated December 21, 1954, recorded in Deed Book 4420, pp. 579-583, aforesaid Records; and Whereas, the said 1950 Lease was assigned by Peachtree-Whitehall, Inc. to Simon S. Selig, Jr., Charles R. Massell and B. F. Pattillo as Trustees of the Marital Deduction Trust Under the Will of Ben J. Massell, deceased (hereinafter collectively referred to as the Massell Trustees), by a Tranfer of Lease dated May 31, 1968, and recorded in Deed Book 5022, Page 185, aforesaid Records; and Whereas, under and by virtue of that certain unrecorded Sublease dated August 15, 1969, entered into by and between the Massell Trustees, as Sublessor, and Downtown Development Corp., a Georgia corporation, hereinafter sometimes referred to as Downtown, as Sublessee, said Sublease, as subsequently amended from time to time, being hereinafter referred to as the 1969 Sublease, the Massell Trustees did lease and demise unto Downtown certain real property (consisting of air rights only) located in Fulton County, Georgia, said real property consisting of the air rights over Tracts 4 and 5 of the real property demised to the Massell Trustees under the said 1950 Lease; and Whereas, the said 1950 Lease was further amended by an unrecorded agreement entered into by and between Lessor, acting through the State Properties Control Commission, a successor in law to the Western and Atlantic Railroad Commission, by virtue of and pursuant to the authority granted by Resolution Act. No. 126 passed by the 1970 Regular Session of the Georgia General Assembly and approved by the Governor of the State Of Georgia on March 20, 1970 (Ga. L. 1970, pp. 408-415), as Party Of The First Part, and the Massell Trustees and Downtown, as Parties Of The Second Part; and Whereas, the said 1969 Sublease was amended by an

Page 1282

unrecorded agreement entered into by and between the Massell Trustees and Downtown, dated May 14, 1970; and Whereas, the Massell Trustees, as Sublessor, and Downtown, as Sublessee, did enter into a restated Sublease dated May 31, 1971, hereinafter referred to as the 1971 Sublease, a short form of which is recorded in Deed Book 5477, pp. 118-120, aforesaid Records, which 1971 Sublease provides that it contains the entire agreement of the parties thereto and supercedes the said 1969 Sublease; and under the terms of which 1971 Sublease the Massell Trustees did lease and demise unto Downtown certain real property located in Fulton County, Georgia, said real property consisting of the air rights over Tracts 4 and 5 of the real property demised to the Massell Trustees under the said 1950 Lease and being the same property as was demised under the said 1969 Sublease; and Whereas, under and by virtue of an assignment dated as of November 26, 1973, and recorded in Deed Book 5946, pp. 67-68, aforesaid Records, Downtown assigned all of its rights, title and interest in, to, under and by virtue of the said 1971 Sublease to Downtown Development Corp., a Georgia corporation, FM Air Rights Company, a Delaware corporation, and City Center, Inc., a Georgia corporation (said Downtown Development Corp., FM Air Rights Company and City Center, Inc., comprising a joint venture doing business under the name of Atlanta Air-Rights Co. and being hereinafter sometimes collectively referred to as Atlanta Air-Rights Co.); and Whereas, under and by virtue of an assignment dated as of November 26, 1973, recorded in Deed Book 5946, pp. 321-323, aforesaid Records, Atlanta Air-Rights Co. assigned all of its rights, title and interest in, to, under and by virtue of the said 1971 Sublease to Consolidated Atlanta Properties, Ltd., a Fulton County, Georgia, Limited Partnership whose sole general partner is Downtown Development Corp. and whose sole limited partners are FM Air Rights Company and City Center, Inc. (said Consolidated Atlanta Properties, Ltd. being hereinafter sometimes referred to as CAPCO); and

Page 1283

Whereas, Lessee is the successor in interest to the Massell Trustees; and Whereas, Lessee and CAPCO have proposed that the portion of the real property demised by the Western Atlantic Railroad Commission to Peachtree-Whitehall, Inc., under the said 1950 Lease (and therein designated as Tract 5), being a portion of the property demised by Lessee to Downtown under the said 1971 Sublease and being hereinafter sometimes referred to as Severed Peachtree-Whitehall Tract 5, be severed from the said 1950 Lease; that the said 1971 Sublease be terminated as to the Severed Peachtree-Whitehall Tract 5; that the Severed Peachtree-Whitehall Tract 5 be incorporated into an amendment to the 1950 Lease to be entered into by and between Lessor and Lessee upon substantially the same terms and conditions, appropriately prorated, as were contained in the said 1950 Lease, as amended; and Whereas, Lessor and Lessee desire to amend the said 1950 Lease to accomplish the aforesaid proposals; and Whereas, the execution of this Amended Lease by Lessor and Lessee has been approved by Resolution Act No...... passed by the 1974 Regular Session of the Georgia General Assembly and approved by the Governor of the State Of Georgia on....., 1974 (Ga. L. 1974, pp...... -.....; Now, therefore, in consideration of the premises, the rental to be paid hereunder, the mutual covenants and agreements herein set forth by each party to be kept and performed, and for other good and valuable consideration, the receipt, adequacy and sufficiency whereof being hereby expressly acknowledged by each party hereto, Lessor and Lessee do hereby mutually covenant and agree that the said 1950 Lease is hereby amended as hereinafter set forth: ITEM 1. The first Whereas clause of the preamble of the said 1950 Lease is hereby amended by deleting the

Page 1284

same in its entirety and substituting in lieu thereof the following: WHEREAS, the State Of Georgia is the owner in Fee Simple of a certain area of land located in the City of Atlanta, in Land Lots 77 and 78 of the 14th District of Fulton County, Georgia, between the junction of Whitehall and Peachtree Street and Broad Street; also between Broad Street and Forsyth Street; and of the overhead rights over said area, being a part of the property and air rights of the Western Atlantic Railroad, and being more particularly described and marked as tracts 3 and 4 on the attached plat which is made a part of this Agreement; and ITEM 2. Article IX of the said 1950 Lease is hereby amended by deleting the monthly rental schedule (excluding reappraisal provisions, which are not affected hereby) of: $3125.00 from December 28, 1969 to December 28, 1979 $4166.66 from December 28, 1979 to December 28, 1989 $5416.66 from December 28, 1989 to December 28, 1999 $6250.00 from December 28, 1999 to December 28, 2009 $7083.33 from December 28, 2009 to December 28, 2019 $7916.67 from December 28, 2019 to December 28, 2029 $8750.00 from December 28, 2029 to December 28, 2039 $9583.33 from December 28, 2039 to December 28, 2044 contained in Article IX of said 1950 Lease and substituting in lieu thereof the monthly rental schedule of: $2,083.33 from the date of the execution of this Amended Lease by Lessor to December 27, 1979 $2,777.77 from December 28, 1979 to December 27, 1989 $3,611.11 from December 28, 1989 to December 27, 1999 $4,166.67 from December 28, 1999 to December 27, 2009 $4,722.22 from December 28, 2009 to December 27, 2019 $5,277.78 from December 28, 2019 to December 27, 2029

Page 1285

$5,833.33 from December 28, 2029 to December 27, 2039 $6,388.89 from December 28, 2039 to December 27, 2044. Except as herein expressly amended, the 1950 Lease and all provisions, covenants, agreements, stipulations, terms and conditions (including, but not limited to, reappraisal provisions) thereof shall remain in full force and effect. It is mutually covenanted and agreed by and between the parties hereto that the within amendments shall be binding upon and inure to the benefit or detriment of the parties hereto and their successors and assigns. In witness whereof, Jimmy Carter, as Governor of the State Of Georgia, and Ben W. Fortson, Jr., as Secretary of State of the State Of Georgia, have this..... day of....., 197....., signed, sealed and delivered (affixed the great seal of the State of Georgia to) this Amended Lease for and on behalf of the State of Georgia, Lessor, in duplicate, and Lessee, Simon S. Selig, Jr., Charles R. Massell and B. F. Pattillo, as Trustees Under the Will of Ben J. Massell, deceased, have signed, sealed and delivered this Amended Lease, also in duplicate. Signed, sealed and delivered in the presence of: (As to the signatures of Jimmy Carter, as Governor of the State Of Georgia, and Ben W. Fortson, Jr., as Secretary of State of the State of Georgia)

Page 1286

Trustees under the will of Ben J. Massell, Deceased (Seal) /s/ Simon S. Selig, Jr., as Trustee (Seal) As to Simon S. Selig, Jr., Signed, sealed and delivered in the presence of: /s/ William A. Rush Witness /s/ Janet McGuire Notary Public, Georgia, State at Large. My Commission Expires May 6, 1977. /s/ B. F. Pattillo, Trustee (Seal) /s/ Charles R. Massell, as Trustee (Seal) Affix Notary Public Seal here As to Charles R. Massell, Signed, sealed and delivered in the presence of: /s/ William A. Rush Witness /s/Janet McGuire Notary Public, Georgia, State at Large. My Commission Expires May 6, 1977. Affix Notary Public Seal here

Page 1287

As to B. F. Pattillo, Signed, sealed and delivered in the presence of: /s/ William A. Rush Witness /s/ Janet McGuire Notary Public, Georgia, State at Large. My Commission Expires May 6, 1977. Affix Notary Public Seal here EXHIBIT E AMENDMENT TO LEASE BY AND BETWEEN STATE OF GEORGIA AND ALLRIGHT PARKING OF GEORGIA, INC. Georgia, Fulton County. AMENDMENT TO LEASE This Amendment to lease, hereinafter for convenience referred to as Amendment, is made and entered into this..... day of....., 197....., by and between the STATE OF GEORGIA, acting through its Governor and Secretary of State and by virtue of and pursuant to the authority granted by Resolution Act No......, passed by the 1974 Regular Session of the Georgia General Assembly and approved by the Governor of the State Of Georgia on....., 1974 (Ga. L. 1974, pp...... -.....), Party of the First Part, hereinafter for convenience referred to as Lessor, and Allright Parking of Georgia, Inc., a Georgia corporation, Party of the Second Part, hereinafter for convenience referred to as Lessee, WITNESSETH THAT: Whereas, under and by virtue of that certain unrecorded Lease dated March 1, 1972, entered into by and between Lessor, acting through the State Properties Control Commission and by virtue of and pursuant to the authority

Page 1288

granted by Resolution Act No. 102 passed by the 1972 Regular Session of the General Assembly and approved by the Governor of the State of Georgia on March 1, 1972 (Ga. L. 1972, pp. 58-132), and Lessee, said lease being hereinafter referred to as the Lease, Lessor did lease and demise unto Lessee subject to certain encumbrances enumerated therein, certain real property located in Fulton County, Georgia, and which is more particularly described in the said Lease, a portion of which real property (consisting of air rights) is more particularly described in Exhibit A hereof and is therein designated as Parcels A, B and C, said Parcels A, B and C being hereinafter collectively referred to as the Property; and Whereas, under and by virtue of that certain Restated Sublease dated September 28, 1973, entered into by and between Lessee as Sublessor, and Omni International, Inc., hereinafter referred to as Omni, as Sublessee, said Restated Sublease being hereinafter referred to as the Sublease, which Sublease is recorded in Deed Book 5941, Pages 95-123, of the Records of the Clerk of the Superior Court of Fulton County, Georgia, Lessee did sublease and demise unto Omni the Property; and Whereas, under and by virtue of an assignment dated November 20, 1973 and recorded in Deed Book 5946, pp. 21-32, aforesaid Records, Omni did assign to Downtown Development Corp., a Georgia corporation, hereinafter sometimes referred to as Downtown, all rights, title and interest of Omni in, to, under and by virtue of the said Sublease; and Whereas, under and by virtue of an assignment dated as of November 26, 1973 and recorded in Deed Book 5946, Pages 93-99, aforesaid Records, Downtown did assign to Downtown Development Corp., FM Air Rights Company, a Delaware corporation, and City Center, Inc., a Georgia corporation, said Downtown Development Corp., FM Air Rights Company and City Center, Inc., comprising a Joint Venture doing business under the name of Atlanta Air-Rights Co. and being hereinafter collectively referred to

Page 1289

as the Joint Venture, all of its rights, title and interest in, to, under and by virtue of the said Sublease; and Whereas, under and by virtue of an assignment dated as of November 26, 1973 and recorded in Deed Book 5946, pp. 348-351, aforesaid Records, the Joint Venture did assign to Consolidated Atlanta Properties, Ltd., a Fulton County, Georgia, Limited Partnership, hereinafter referred to as CAPCO, all rights, title and interest of the Joint Venture in, to, under and by virtue of the said Sublease; and Whereas, the Lessee, Downtown, the Joint Venture and CAPCO have proposed that the Property demised by Lessor to Lessee under the Lease and thereafter subleased by Lessee to Omni under the Sublease be severed from the Lease and that Lessee be relieved of its obligations under the Lease as to the Property; and Whereas, the severance of the Property from the Lease and the relieving of Lessee of all of its obligations under the Lease with respect to the Property have been authorized and approved by Resolution Act No...... passed by the 1974 Regular Session of the Georgia General Assembly and approved by the Governor of the State Of Georgia on....., 1974, (Ga. L. 1974, pp......-.....); and Whereas, Downtown, the Joint Venture and CAPCO, though expressly not parties hereto, have executed this Amendment for the purpose of evidencing their consent and acknowledgment to this Amendment; Now, therefore, in consideration of the premises, the mutual covenants and agreements herein set forth by each party to be kept and performed, and for other good and valuable consideration, the receipt, adequacy and sufficiency whereof being hereby expressly acknowledged by each party hereto, Lessor and Lessee do hereby mutually covenant and agree that the Lease is hereby amended as hereinafter set forth:

Page 1290

1. The Property is hereby severed and released from the Lease, and with respect to the Property only, Lessee is hereby relieved of any and all obligations and liability under the said Lease with respect to the Property, Lessee hereby acknowledging that Lessee has been so relieved by the execution of this Amendment by Lessor. 2. With respect to the Property only, the Lease is of no further force or effect and Lessor and Lessee, with respect to the Property only, shall have no further rights, duties, obligations or liabilities thereunder. Except as herein expressly amended, the Lease and all provisions, covenants, agreements, stipulations, terms and conditions (including the payment of all rents) thereof shall remain in full force and effect. It is mutually covenanted and agreed by and between the parties hereto that the within amendments shall be binding upon and inure to the benefit or detriment of the parties hereto and their successors and assigns. In witness whereof, Jimmy Carter, as Governor of the State Of Georgia and Ben W. Fortson, Jr., as Secretary of State of the State of Georgia, have this..... day of....., 1974, signed, sealed and delivered (and affixed the great seal of the State Of Georgia to) this Amendment for and on behalf of the State Of Georgia, Lessor, in duplicate, and Lessee, Allright Parking of Georgia, Inc., has signed, sealed and delivered this Amendment, also in duplicate. Signed, sealed and delivered in the presence of: (As to the signatures of Jimmy Carter, as Governor of the State Of Georgia, and Ben W. Fortson, Jr., as Secretary of State of the State Of Georgia)

Page 1291

Allright Parking of Georgia, Inc. (Seal) By: Garland Follis President (Seal) Attest: D. C. Richie Asst. Sec. (Seal) Affix Corporate Seal here Signed, sealed and delivered in the presence of: /s/ Martin H. Peabody Witness /s/ Stephen F. McLaughlin Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1977. Affix Notary Public Seal here ACKNOWLEDGMENT AND CONSENT The undersigned Downtown Development Corp., by its

Page 1292

execution hereof, hereby acknowledges and consents to this Amendment to Lease. Downtown Development Corp. (Seal) By: John D. Arndt Vice Pres. (Seal) Attest: J. M. Barge Asst. Sec. (Seal) (Corporate Seal) Signed, sealed and delivered in the presence of: /s/ Norm L. Underwood Witness /s/ Stephen F. McLaughlin Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1977. (Notary Public Seal) ACKNOWLEDGMENT AND CONSENT The undersigned Downtown Development Corp., FM Air Rights Company and City Center, Inc., a joint venture doing business under the name of Atlanta Air-Rights Co., (the Joint Venture) by their execution hereof, hereby acknowledge and consent to this amendment. Signed, sealed and delivered in the presence of: Downtown Development Corp. (Seal) By: John D. Arndt Vice Pres. (Seal) Attest: J. M. Barge Asst. Sec. (Seal) (Corporate Seal)

Page 1293

/s/ Norman L. Underwood Witness /s/ Stephen F. McLaughlin Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1977. (Notary Public Seal) FM Air Rights Company (Seal) By: John M. Ryan V. Pres. (Seal) Attest: V. Bunn Asst. Secretary (Seal) (Corporate Seal) Signed, sealed and delivered in the presence of: /s/ Kathleen F. Saudarg Witness /s/ Jane Campo Notary Public. My Commission Expires November 17, 1975. (Notary Public Seal) City Center, Inc. (Seal) By: Robert B. Troutman, Jr. Pres. (Seal) Attest: Hal S. Dumas, Jr. Sec. (Seal) (Corporate Seal) Signed, seal and delivered in the presence of: /s/ Norman L. Underwood Witness /s/ Stephen F. McLaughlin Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1977. (Notary Public Seal)

Page 1294

ACKNOWLEDGMENT AND CONSENT The undersigned Consolidated Atlanta Properties, Ltd. by its execution hereof hereby acknowledges and consents to this Amendment. Consolidated Atlanta Properties, Ltd., a Fulton County, Georgia, Limited Partnership By: Downtown Development Corp., General Partner (Seal) By: John D. Arndt Vice President (Seal) Attest: J. M. Barge Asst. Sec. (Seal) (Corporate Seal) Signed, sealed and delivered in the presence of: /s/ Norman L. Underwood Witness /s/ Stephen F. McLaughlin Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1977. (Notary Public Seal) EXHIBIT A PARCEL A All of the air space over and above the elevation of the underside of Spring Street Viaduct as presently constructed which lies within the boundary of the following described property: ALL that tract or parcel of land lying and being in Land Lot 78 of the 14th District of Fulton County, Georgia, and being more particularly described as follows:

Page 1295

TO FIND THE POINT OF BEGINNING, commence at the point at the intersection formed by the northeast line of the right-of-way of Alabama Street (being 72.1 feet in width at said point) and the northwest line of the right-of-way of Forsyth Street (being 58.8 feet in width at said point); run thence northeasterly along the northwest line of said right-of-way of Forsyth Street which forms an angle of 89 degrees 35 minutes 30 seconds with the northeast line of said right-of-way of Alabama Street a distance of 117.65 feet to a point; run thence northeasterly along the northwest line of said right-of-way of Forsyth Street which forms an angle of 176 degrees 24 minutes 30 seconds with the last preceding course a distance of 121.05 feet to a point; run thence northeasterly along the northwest line of said right-of-way of Forsyth Street which forms an angle of 180 degrees 59 minutes with the last preceding course a distance of 27.51 feet to a point; run thence northwesterly along an arc of a curve (having a chord bearing north 53 degrees 07 minutes 30 seconds west a distance of 74.22 feet) a distance of 74.23 feet to a point; run thence north 54 degrees 30 minutes 30 seconds west a distance of 66.08 feet to a point; run thence northwesterly along an arc of a curve (having a chord bearing north 51 degrees 09 minutes west a distance of 88.1 feet) a distance of 88.16 feet to a point; run thence north 47 degrees 47 minutes 30 seconds west a distance of 292.96 feet to a point on a line being coincident with the southeast edge of Spring Street Viaduct and THE POINT OF BEGINNING; FROM THE TRUE POINT OF BEGINNING AS THUS ESTABLISHED, running thence north 47 degrees 47 minutes 30 seconds west a distance of 42.39 feet to a point; running thence northwesterly along an arc of a curve (having a chord bearing north 47 degrees 11 minutes west a distance of 21.89 feet) a distance of 21.9 feet to a point on a line being coincident with the northwest edge of Spring Street Viaduct; running thence south 18 degrees 45 minutes west along a line being coincident with the northwest edge of Spring Street Viaduct which line forms an interior angle of 65 degrees 56 minutes with the last preceding course a distance of 292.6 feet to

Page 1296

a point; running thence south 76 degrees 41 minutes 30 second east along a line which forms an interior angle of 84 degrees 33 minutes 30 seconds with the last preceding course a distance of 60.30 feet to a point on a line being coincident with the southeast edge of Spring Street Viaduct; running thence northeasterly along a line being coincident with the southeast edge of Spring Street Viaduct which line forms an interior angle of 95 degrees 14 minutes with the last preceding course a distance of 40.26 feet to a point; running thence north 18 degrees 32 minutes 30 seconds east along a line being coincident with the southeast edge of Spring Street Viaduct which line forms an interior angle of 180 degrees 16 minutes with the last preceding course a distance of 220.8 feet to THE POINT OF BEGINNING, being the property designated as Tract 4 and shown as containing 0.38 acres and 16,425 square feet on that certain Blueprint of Survey, captioned SURVEY FOR CONSOLIDATED ATLANTA PROPERTIES, LTD., dated December 31, 1973, last revised January 17, 1974, prepared by A. W. Browning, Georgia Registered Land Surveyor #490, recorded in Plat Book 104, Page 67, of the Records of the Clerk of the Superior Court of Fulton County, Georgia, which Blueprint of Survey is for all purposes by this reference incorporated in and made a part of this Amendment; and subject to the rights of the City of Atlanta and the public with respect to the public right-of-way of Spring Street Viaduct from the present street surface level of Spring Street Viaduct to a parallel elevation not less than sixteen and one-half (16.5[prime]) feet above the present street surface level of said viaduct. Together with so much of the above described land as is necessary for supports and appurtenances for the structures to be constructed within said air space, including necessary supporting piers and foundations, sewer and drainage conduits, and similar necessary structures which must reach the ground level or below. PARCEL B All of the air space over and above a horizontal elevation plane of twelve feet (12[prime]) above the present ground

Page 1297

level within the boundary of the property described in Parcel A above which is also located below the elevation of the underside of Spring Street Viaduct as presently constructed and which lies between Column Line Number 2 and Column Line Number 3 of said Viaduct, as shown on the plat of survey attached hereto, incorporated in and by reference made a part of this Amendment as Exhibit 1 to this Exhibit A and to which plat of survey reference is hereby made for all purposes [the distance between said Column Line Number 2 and Column Line Number 3 being approximately one hundred and four feet (104[prime]) as measured at ground level]; and being subject to the rights of the City of Atlanta and the public with respect to the public right-of-way of Spring Street Viaduct. Together with so much of the above described land as is necessary for supports and appurtenances for the structures to be constructed within said air space, including necessary supporting piers and foundations, sewer and drainage conduits, and similar necessary structures which much reach the ground level or below. LESS AND EXCEPT FROM THE FOREGOING CONVEYANCE, however, all of the air space contained within two (2) twenty foot (20[prime]) wide air strips running southeasterly and northwesterly, which air strips are located over and above a horizontal elevation plane of twelve feet (12[prime]) over and above the present ground level within the boundary of the above described property and which air strips are further located below the elevation of the underside of Spring Street Viaduct as presently constructed between Column Line Number 2 and Column Line Number 3 of said Viaduct, as shown on the aforesaid Exhibit 1 attached hereto and for all purposes made a part hereof, the exact location of said two (2) twenty foot (20[prime]) wide air strips to be determined in accordance with the provisions of that certain Agreement dated as of even date herewith made and entered into by and between Lessee and Consolidated Atlanta Properties,

Page 1298

Ltd., and recorded in Deed Book....., Pages..... -....., of the Records of the Clerk of the Superior Court of Fulton County, Georgia. PARCEL C All of the air space over and above a horizontal elevation plane of twelve feet (12[prime]) above the present ground level which lies within the boundary of the following described property: ALL that tract or parcel of land lying and being in Land Lot 78 of the 14th District of Fulton County, Georgia, and being more particularly described as follows: TO FIND THE POINT OF BEGINNING, commence at the point at the intersection formed by the northeast line of the right-of-way of Alabama Street (being 72.1 feet in width at said point) and the northwest line of the right-of-way of Forsyth Street (being 58.8 feet in width at said point); run thence northeasterly along the northwest line of said right-of-way of Forsyth Street which forms an angle of 89 degrees 35 minutes 30 seconds with the northeast line of said right-of-way of Alabama Street a distance of 117.65 feet to a point; run thence northeasterly along the northwest line of said right-of-way of Forsyth Street which forms an angle of 176 degrees 24 minutes 30 seconds with the last preceding course a distance of 121.05 feet to a point; run thence northeasterly along the northwest line of said right-of-way of Forsyth Street which forms an angle of 180 degrees 59 minutes with the last preceding course a distance of 27.51 feet to a point; run thence northwesterly along an arc of a curve (having a chord bearing north 53 degrees 07 minutes 30 seconds west a distance of 74.22 feet) a distance of 74.23 feet to a point; run thence north 54 degrees 30 minutes 30 seconds west a distance of 66.08 feet to a point; run thence northwesterly along an arc of a curve (having a chord bearing north 51 degrees 09 minutes west a distance of 88.1 feet) a distance of 88.16 feet to a point; run thence north 47 degrees 47 minutes 30 seconds west a distance of 292.96 feet to a point on a line being coincident with the southeast edge of Spring Street Viaduct;

Page 1299

run thence north 47 degrees 47 minutes 30 seconds west a distance of 42.39 feet to a point; run thence northwesterly along an arc of a curve (having a chord bearing north 47 degrees 11 minutes west a distance of 21.89 feet) a distance of 21.9 feet to a point on a line being coincident with the northwest edge of Spring Street Viaduct; run thence northwesterly along an arc of a curve (having a chord bearing north 30 degrees 43 minutes 30 seconds west a distance of 558.72 feet and a radius of 1023.189 feet) a distance of 565.9 feet to a point; run thence north 14 degrees 53 minutes west a distance of 0.5 feet to a point on a line being coincident with the southeast edge of Techwood Viaduct and THE POINT OF BEGINNING; FROM THE TRUE POINT OF BEGINNING AS THUS ESTABLISHED, running thence north 14 degrees 53 minutes west a distance of 79.2 feet to a point on a line being coincident with the northwest edge of Techwood Viaduct; running thence southwesterly along a line being coincident with the northwest edge of Techwood Viaduct and along an arc of a curve (having a chord bearing south 61 degrees 21 minutes 30 seconds west a distance of 292.87 feet) a distance of 293.4 feet to a point; running thence south 04 degrees 29 minutes 30 seconds west and along a line which forms an interior angle of 123 degrees 08 minutes with the chord of the last preceding course a distance of 82.50 feet to a point on a line being coincident with the southeast edge of Techwood Viaduct; running thence northeasterly along a line being coincident with the southeast edge of Techwood Viaduct and along an arc of a curve (having a chord bearing north 62 degrees 45 minutes 30 seconds east a distance of 319.23 feet and a radius of 1469.394 feet) a distance of 319.9 feet to THE POINT OF BEGINNING; being the property designated as Tract 6 and shown as containing 0.52 acres and 22,685 square feet on that certain Blueprint of Survey,

Page 1300

captioned SURVEY FOR CONSOLIDATED ATLANTA PROPERTIES, LTD., dated December 17, 1973, last revised January 17, 1974, prepared by A. W. Browning, Georgia Registered Land Surveyor #490, recorded in Plat Book 104, Page 67, of the Records of the Clerk of the Superior Court of Fulton County, Georgia, which Blueprint of Survey is for all purposes by this reference incorporated in and made a part of this Amendment; and being subject to the rights of the City of Atlanta and the public with respect to the public right-of-way of Techwood Viaduct from the present street surface level of Techwood Viaduct to a parallel elevation not less than sixteen and one-half (16.5[prime]) feet above the present street surface level of said viaduct. Together with so much of the above described land as is necessary for supports and appurtenances for the structures to be constructed within said air space, including necessary supporting piers and foundations, sewer and drainage conduits, and similar necessary structures which must reach the ground level or below.

Page 1301

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

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Page 1304

EXHIBIT F AMENDMENT TO LEASES BY AND BETWEEN STATE OF GEORGIA AND CONSOLIDATED ATLANTA PROPERTIES, LTD. AMENDMENT TO LEASES BETWEEN STATE OF GEORGIA AND CONSOLIDATED ATLANTA PROPERTIES, LTD. TABLE OF CONTENTS Page Title Page 1 Table Of Contents 2-6 Parties 7 Preamble 7-22 Term Of Amended Lease 23 Section One: Property Defined 23 Section Two: Annual Rent 24-25 Section Three: Rent And Other Sums Payable To Lessor 25 Section Four: Late Charge 25-26 Section Five: Security Deposit 26-28 (A) Form Of Security Deposit 26 (B) Amount Of Security Deposit 26-28 Section Six: Inadequacy Of Security Deposit 28 Section Seven: Interchanging Of Security Deposit 28 Section Eight: Interest On Security Deposit 28 Section Nine: Return Of Security Deposit 28 Section Ten. Encroachments, Adverse Uses And Occupancies Other Than Lawful Rights Previously Granted 29 Section Eleven: Payment Of Taxes And Assessments 29-30 Section Twelve: Contest Of Tax 30 Section Thirteen: Evidence Of Payment Of Taxes And Assessments 30-31 Section Fourteen: Payment Of Utilities And Services By Lessee 31 Section Fifteen: Payments For Lessee By Lessor 31 Section Sixteen: Interest On Unpaid Amounts 31 Section Seventeen: Compliance By Lessee With Laws And Ordinances 32 Section Eighteen: Acceptance Of Property By Lessee 32-33 Section Nineteen: Merger Of Improvements By Lessee 33-35 Section Twenty: Protection Of Adjacent Property During ConstructionConstruction Insurance 35-37 Section Twenty-One: Insurance Policy Limits Applicable For Year 1974 37 Section Twenty-Two: Construction Approvals By Lessor 37-40 Section Twenty-Three: Substantial Completion Of Improvements 40 Section Twenty-Four: Construction According To Approved Plans 40-42 Section Twenty-Five: Payment Of Bills For Construction 42 Section Twenty-Six: All Liens And Rights Are Subordinate To Lessor 42 Section Twenty-Seven: Completion Of Construction By Lessor 42 Section Twenty-Eight: Title To The Improvements 43 Section Twenty-Nine: Abandonment Of The Property By Lessee 43-44 Section Thirty: Subleasing 44-45 (A) Right To Enter Into Subleases 44 (B) Recognition By Lessor Of Subleases 44-45 (C) Rights Of Recognized Sublessee 45 (D) Limitation Upon Rights Of Recognized Sublessee 45 Section Thirty-One: Assignment Of Lease With Lessor's Consent 45-46 Section Thirty-Two: Maintenance Of Property 46 Section Thirty-Three: Work Required By Government Regulation 47 Section Thirty-Four: Indemnification Of Lessor By Lessee 47 Section Thirty-Five: Addition, Subtraction, Renovation, Demolition Or Construction Anew Of The Improvements 48 Section Thirty-Six: Return Of The Property To Lessor 48 Section Thirty-Seven: Casualty And Hazard Insurance 48-49 (A) Casualty And Hazard Insurance On Improvements 48-49 (B) Loss Payable Clauses 49 Section Thirty-Eight: No Invalidation Of Insurance By Lessee 49-50 Section Thirty-Nine: Repair Of Damaged Improvements 50-51 Section Forty: Damages For Failure To Comply With Repair Obligation 51-52 Section Forty-One: Workman's Compensation Insurance 52 Section Forty-Two: Use of Proceeds Of Insurance 52-53 Section Forty-Three Termination Prior To Completion Of Repair 53 Section Forty-Four: Public Liability Insurance 53-54 Section Forty-Five: Delivery Of Insurance Policies 54 Section Forty-Six: Evidence Of Payment Of Premiums 54 Section Forty-Seven: Mortgaging Of The Leasehold 54-61 (A) Form Of Security Instrument 55 (B) Consent To Amendment 55 (C) Notices To Leasehold Mortgagees 55-56 (D) Curative Rights Of Leasehold Mortgagees 56 (E) Limitation Upon Termination Rights Of Lessor 56-57 (F) Assignment 57 (G) Mortgagee Leases 57-59 (H) Agreement Between Lessor And Leasehold Mortgagee 59-60 (I) Limitation On Number Of Leasehold Mortgages 60 (J) Limitation On Liability Of Leasehold Mortgagee 60-61 Section Forty-Eight: DefaultLessee's Right To CureLessor's Rights Upon Failure By Lessee To Cure 61-62 (A) Termination Rights Of Lessor 61-62 (B) Reletting Rights Of Lessor 62 Section Forty-Nine: Extinguishment Of Lessee's Rights Upon Termination 62-63 Section Fifty: Prepaid Items Assigned 63 Section Fifty-One: BankruptcyAppointment Of A ReceiverDebtor Relief ProceedingsGeneral Assignment For Benefit Of CreditorsLevy Upon Property 63-64 (A) Bankruptcy 64 (B) Receivership 64 (C) Debtor Relief 64 (D) Assignment For Benefit Of Creditors 64 (E) Levy Upon Property 64 Section Fifty-Two: Inspection Of Property By Lessor 64 Section Fifty-Three: Property Subject To Zoning 65 Section Fifty-Four: Total Or Partial Condemnation 65-71 (A) Lease Termination 65-66 (1) Total Condemnation 65 (2) Partial Condemnation 66 (B) Separate Awards 66-67 (C) Division Of Single AwardTotal Condemnation 67-68 (D) Division Of Single AwardPartial Condemnation 68-69 (E) Use Of Lessee's Award 69 (F) Appraisals 69-71 (G) Other Evidence 71 Section Fifty-Five: Lessee's Rights And Obligations With Respect To Certain Of The Terms And Conditions Contained In Exception (A) Entitled Air, Mineral And Other Rights Contained In The March 4, 1968, Western Atlantic Railroad Lease 71-73 (A) Simultaneous Submission To Lessor And To Louisville And Nashville Railroad Company 72 (B) Relocation Of Railroad Tracks 72-73 Section Fifty-Six: Estoppel Certificates 73-74 (A) Validity Of Lease 73-74 (B) Payment Of Rent 74 (C) Amount Of Rent Due 74 (D) Security Deposits 74 (E) Recognized Subleases 74 (F) Defaults By Lessee 74 Section Fifty-Seven: Individual Leases 74-76 (A) Content Of Individual Leases 74-77 (1) Parties 75 (2) Property 75 (3) Annual Rent 76 (4) Lessee's Assumption Of Obligations Owed To Louisville And Nashville Railroad Company 76 (5) Warranty 76 (6) Form Of Individual Lease 76-77 (7) Deletion Of The Terms And Conditions Of This Section Fifty-Seven From Individual Leases 77 (B) Submission Of Individual Leases To The Commission 77 (1) Form Of Amendment 77 (2) Plat Of Survey 77 (C) Execution Of Individual Leases 77 (D) Content Of Amendments To This Amended Lease 77-78 (1) Property 78 (2) Rent 78 (3) Ratification 78 (E) Restriction Upon Cumulative Amount Of Rent 78 Section Fifty-Eight: Addresses For NoticesRequirement That All Notices, Demands And Requests Be In Writing 79 Section Fifty-Nine: Submission Of Matters To Lessor For Approval 79-80 Section Sixty: Holding Over By Lessee 80-81 Section Sixty-One: No Waiver Of Rights By Lessor 81 Section Sixty-Two: Rights Are Cumulative 81 Section Sixty-Three: Provisions Are Binding Upon Assigns And Are Covenants Real 81-82 Section Sixty-Four: Georgia Law Applies 82 Section Sixty-Five: All Genders And Numbers Included 82 Section Sixty-Six: Invalidity Of Provision Or Part Thereof 82 Section Sixty-Seven: State Properties Commission Acts For Lessor 82-83 Section Sixty-Eight: Time Is Of Essence 83 Section Sixty-Nine: Section Captions Are To Be Disregarded 83 Section Seventy: Entire Agreement Contained Herein 83-84 Signatures 84 Acknowledgements and Consents: 85-89 Atlanta Air-Rights Co. 85-86 City Center, Inc. 86 Downtown Development Corp. 87 Allright Parking of Georgia, Inc. 88 Trustees under the will of Ben J. Massell, Deceased 89 Exhibits: Exhibit ALegal Descriptions and Plats of Survey 90-100 Exhibit BPermitted Exceptions and Encumbrances 101-102

Page 1311

Georgia, Fulton County: AMENDMENT TO LEASES This Amendment to leases, hereinafter for convenience referred to as Amended Lease, is made and entered into this..... day of....., 197....., by and between the STATE OF GEORGIA, acting through its Governor and Secretary of State and by virtue of and pursuant to the authority granted by Resolution Act No...... passed by the 1974 Regular Session of the Georgia General Assembly and approved by the Governor of the State Of Georgia on....., 1974, (Ga. L. 1974, pp......), Party Of The First Part, hereinafter for convenience referred to as Lessor, and Consolidated Atlanta Properties, Ltd., a Fulton County, Georgia, Limited Partnership whose sole general partner is Downtown Development Corp., a Georgia corporation, and whose sole limited partners are FM Air Rights Company, a Delaware corporation, and City Center, Inc., a Georgia corporation, Party Of The Second Part, hereinafter for convenience referred to as Lessee. WITNESSETH THAT: Whereas, Lessor is the owner of the fee simple title in and to certain real property located in Fulton County,

Page 1312

Georgia, said real property being more particularly described in Exhibit A which is attached hereto, incorporated in and by reference made a part hereof, and being therein designated as Tracts 2, 3, 4-A, 4-B, 5 and 6 respectively; and Whereas, under and by virtue of that certain unrecorded Lease dated March 1, 1972, entered into by and between Lessor, acting through the State Properties Control Commission and by virtue of and pursuant to the authority granted by Resolution Act No. 102 passed by the 1972 Regular Session of the Georgia General Assembly and approved by the Governor of the State Of Georgia on March 1, 1972 (Ga. L. 1972, pp. 58-132), and Allright Parking of Georgia, Inc., hereinafter referred to as Allright, said Lease being hereinafter referred to as the 1972 Allright Lease, Lessor did lease and demise unto Allright, subject to certain encumbrances enumerated therein, certain real property located in Fulton County, Georgia, which is more particularly described in the said 1972 Allright Lease. A portion of the real property leased and demised therein (consisting of air rights only) is more particularly described in the aforesaid Exhibit A hereof and is therein designated as Tracts 4-A, 4-B and 6; and Whereas, under and by virtue of that certain unrecorded Sublease dated October 11, 1972, entered into by and between Allright, as Sublessor, and Forum International, Inc., hereinafter referred to as Forum, as Sublessee, said Sublease, as subsequently amended from time to time prior to the date of the execution of this Amended Lease by Lessor, being hereinafter referred to as the 1972 Sublease, Allright did lease and demise unto Forum certain real property (consisting of air rights only) located in Fulton County, Georgia, which is more particularly described in the aforesaid Exhibit A hereof and is therein designated as Tracts 4-A, 4-B and 6; and Whereas, under and by virtue of that certain Lease dated January 12, 1960, entered into by and between the Western and Atlantic Railroad Commission, a predecessor in law to the State Properties Commission, acting for

Page 1313

the State of Georgia and by virtue of and pursuant to the authority granted by (i) Resolution Act No. 797 passed by the 1950 Regular Session of the Georgia General Assembly and approved by the Governor of the State Of Georgia on February 17, 1950 (Ga. L. 1950, pp. 408-412), and (ii) Resolution Act No. 393 passed by the 1959 Regular Session of the Georgia General Assembly and approved by the Governor of the State Of Georgia on March 17, 1959 (Ga. L. 1959, pp. 365-366), as lessor and City Center, Inc., as lessee, recorded in Deed Book 4721, p. 28-39, of the Records of the Clerk of the Superior Court of Fulton County, Georgia, said Lease, as subsequently amended from time to time as more particularly hereinafter set forth prior to the date of the execution of this Amended Lease by Lessor, being hereinafter referred to as the 1960 Lease, lessor did lease and demise unto City Center, Inc. the air rights above certain real property located in Fulton County, Georgia (said air rights including those air rights lying above a portion of the property later leased and demised to Allright under the said 1972 Allright Lease, the said 1960 Lease being one of the enumerated encumbrances in the said 1972 Allright Lease), said air rights being more particularly described in the aforesaid Exhibit A hereof and therein designated as Tract 5; and Whereas, under and by virtue of that certain Contract dated November 25, 1966, and recorded in Deed Book 4721, p. 5-12, aforesaid Records, City Center, Inc., assigned all of its rights, title and interest in, to, under and by virtue of the said 1960 Lease to Cousins Properties Incorporated; and Whereas, under and by virtue of an assignment dated December 20, 1966, and recorded in Deed Book 4721, p. 1-4, aforesaid Records, Cousins Properties Incorporated assigned all of its rights, title and interest in, to, under and by virtue of the said 1960 Lease to Downtown Development Corp. hereinafter sometimes referred to as Downtown; and

Page 1314

Whereas, under and by virtue of an assignment dated April 10, 1967, and recorded in Deed Book 4741, p. 82-84, aforesaid Records, Downtown assigned its rights, title and interest in, to, under and by virtue of the said 1960 Lease, as to a thirty-seven and one-half (37.5%) per cent undivided interest therein, to FM Air Rights Company; and Whereas, under and by virtue of an assignment dated April 10, 1967, and recorded in Deed Book 4741, p. 85-86, aforesaid Records, Downtown assigned its rights, title and interest in, to, under and by virtue of the said 1960 Lease, as to a twenty-five (25%) per cent undivided interest therein, to City Center, Inc.; and Whereas, the said 1960 Lease was amended by an instrument executed by and between the parties thereto dated February 15, 1968, and recorded in Deed Book 4903, p. 422-428, aforesaid Records, and by a further instrument dated January 31, 1972, and recorded in Deed Book 5545, p. 295-302, aforesaid Records; and Whereas, a portion of the property demised under the said 1960 Lease (and being therein designated as Tract 3), a portion of the property demised under the said 1972 Allright Lease (and being therein designated as Tracts 6, 7 and 8), and a portion of the property demised under the said 1972 Sublease were severed from their respective leases and incorporated into a new direct lease dated April 9, 1973, hereinafter referred to as the Direct 1973 Omni Lease, entered into by and between Lessor, acting through the State Properties Control Commission and by virtue of and pursuant to the authority granted by Resolution Act No. 11 passed by the 1973 Regular Session of the Georgia General Assembly and approved by the Governor of the State Of Georgia on April 9, 1973 (Ga. L. 1973, pp. 346-430), and Omni International, Inc. (formerly Forum International, Inc.), hereinafter referred to as Omni, as lessee, which direct lease is recorded in Deed Book 5851, p. 191-293, aforesaid Records; and

Page 1315

Whereas, under and by virtue of an assignment dated as of November 26, 1973, and recorded in Deed Book 5946, p. 87-89, aforesaid Records, FM Air Rights Company assigned its rights, title and interest in, to, under and by virtue of the said 1960 Lease, as to a two and one-half (2.5%) per cent undivided interest therein, to Downtown; and Whereas, under and by virtue of an assignment dated as of November 26, 1973, and recorded in Deed Book 5946, p. 90-92, aforesaid Records, City Center, Inc., assigned its rights, title and interest in, to under and by virtue of the said 1960 Lease, as to a twelve and one-half (12.5%) per cent undivided interest therein, to Downtown; and Whereas, under and by virtue of an assignment dated as of November 26, 1973, and recorded in Deed Book 5946, p. 343-347, aforesaid Records, Downtown Development Corp., FM Air Rights Company and City Center, Inc., assigned all of their rights, title and interest in, to, under and by virtue of the said 1960 Lease to Lessee; and Whereas, Allright, as Sublessor, and Omni, as Sublessee, entered into a Restated Sublease dated September 28, 1973, and recorded in Deed Book 5941, p. 95-123, aforesaid Records, said Restated Sublease being hereinafter referred to as the Restated Sublease, which Restated Sublease superceded for all purposes the said 1972 Sublease, and under the terms of the said Restated Sublease Allright leased and demised to Omni certain real property (consisting of air rights only) located in Fulton County, Georgia, being the same property which remained under the said 1972 Sublease following the severance hereinabove referred to, said real property being more particularly described in the aforesaid Exhibit A hereof and therein designated as Tracts 4-A, 4-B and 6; and Whereas, under and by virtue of an assignment dated November 20, 1973, and recorded in Deed Book 5946, p. 21-32, aforesaid Records, Omni assigned all of its rights,

Page 1316

title and interest in, to, under and by virtue of the said Restated Sublease to Downtown; and Whereas, under and by virtue of an assignment dated as of November 26, 1973, and recorded in Deed Book 5946, p. 93-99, aforesaid Records, Downtown assigned all of its rights, title and interest in, to, under and by virtue of the said Restated Sublease to Downtown Development Corp., FM Air Rights Company, and City Center, Inc., said Downtown Development Corp., FM Air Rights Company and City Center, Inc., comprising a joint venture doing business under the name of Atlanta Air-Rights Co. and being herinafter sometimes collectively referred to as Atlanta Air-Rights Co.; and Whereas, under and by virtue of an assignment dated as of November 26, 1973, and recorded in Deed Book 5946, p. 348-351, aforesaid Records, Atlanta Air-Rights Co. assigned all of its rights, title and interest in, to, under and by virtue of the said Restated Sublease to Lessee; and Whereas, the Lessee, Downtown Development Corp., FM Air Rights Company, City Center, Inc., and Allright have proposed that the portion of the real property which was demised by Lessor to Allright under the said 1972 Allright Lease and which was thereafter subleased by Allright to Omni under the said Restated Sublease (being the same property remaining under sublease from All-right to Omni following execution of the said Direct 1973 Omni Lease), said property being designated as Tracts 4-A, 4-B and 6 in the aforesaid Exhibit A attached hereto and being hereinafter sometimes referred to as the Severed Allright Property, be severed from the said 1972 Allright Lease; that the said Restated Sublease be terminated; that Allright be relieved of its obligations under the said 1972 Allright Lease as to the Severed Allright Property; and that the Severed Allright Property be incorporated into the said 1960 Lease, as hereinafter amended; and Whereas under and by virtue of that certain AMENDMENT

Page 1317

TO LEASE to be entered into by and between Lessor, acting through its Governor and Secretary of State and by virtue of and pursuant to the authority granted by Resolution Act No...... passed by the 1974 Regular Session of the Georgia General Assembly and approved by the Governor of the State Of Georgia on....., 1974 (Ga. L. 1974, pp......), Party Of the First Part, and Allright, Party Of the Second Part, the Severed Allright Property shall be severed from the said 1972 Allright Lease and Allright shall be relieved of its obligations under the said 1972 Allright Lease with respect to the Severed Allright Property; and Whereas, for the purpose of evidencing its consent to the within amendment to the said 1960 Lease, and for the further purpose of acknowledging and affirming its continuing obligations and liability under the said 1960 Lease, as hereinafter amended, Atlanta Air-Rights Co., though expressly not a party hereto, has caused these presents to be executed for the purpose of evidencing its consent, acknowledgement and affirmance as aforesaid; and Whereas, for the purpose of evidencing its consent to the within amendment to the said 1960 Lease, and for the further purpose of acknowledging and affirming its continuing obligations and liability under the said 1960 Lease, as hereinafter amended, City Center, Inc., though expressly not a party hereto, has caused these presents to be executed following the execution of Atlanta Air-Rights Co. for the purpose of evidencing its consent, acknowledgement and affirmance as aforesaid; and Whereas, for the purpose of evidencing its consent to the within amendment to the said 1960 Lease, and for the further purpose of acknowledging and affirming its continuing obligations and liability under the said 1960 Lease, as hereinafter amended, Downtown Development Corp., though expressly not a party hereto except in its capacity as the sole general partner of Lessee, has caused these presents to be executed following the execution of City Center, Inc., for the purpose of evidencing its consent,

Page 1318

acknowledgement and affirmance as aforesaid; and Whereas, for the purpose of evidencing its consent to the incorporation of the Severed Allright Property into the said 1960 Lease, as hereinafter amended, and the termination of its obligations under the said 1972 Allright Lease with respect to the Severed Allright Property, Allright, though expressly not a party hereto, it being expressly understood and agreed by and between Lessor, Lessee and Allright that Allright shall have no liability whatsoever hereunder with respect to the Property (as hereinafter defined) leased and demised herein, has caused these presents to be executed following the execution by Downtown Development Corp. for the limited purposes set forth hereinabove; and II Whereas, Lessor is the owner of the fee simple title in and to certain real property located in Fulton County, Georgia, said real property being more particularly described in Exhibit A which is attached hereto, incorporated in and by reference made a part hereof, said real property being therein designated as Tract 2; and Whereas, under and by virtue of that certain Lease dated May 15, 1970, entered into by and between Lessor, acting through the State Properties Control Commission and by virtue of and pursuant to the authority granted by (i) Resolution Act No. 240 passed by the 1970 Regular Session of the Georgia General Assembly and approved by the Governor of the State Of Georgia on March 24, 1970 (Ga. L. 1970, pp. 752-838), and (ii) Resolution Act No. 267 passed by the 1970 Regular Session of the Georgia General Assembly and approved by the Governor of the State Of Georgia on March 24, 1970 (Ga. L. 1970, pp. 850-937), and Downtown Development Corp., FM Air Rights Company and City Center, Inc., a Joint Venture Partnership, said Downtown Development Corp., FM Air Rights Company and City Center, Inc., doing business as Atlanta Air-Rights Co., as lessee, recorded in Deed Book 5544, p. 365-432, aforesaid Records, said Lease being

Page 1319

hereinafter referred to as the 1970 Lease, Lessor did lease and demise unto Atlanta Air-Rights Co. certain real property (consisting of air rights only) located in Fulton County, Georgia, said real property being more particularly described in the aforesaid Exhibit A hereof and therein designated as Tract 2; and Whereas, under and by virtue of an assignment dated as of November 26, 1973, and recorded in Deed Book 5946, p. 339-342, aforesaid Records, Atlanta Air-Rights Co. assigned all of its rights, title and interest in, to, under and by virtue of the said 1970 Lease to Lessee; and Whereas, Lessor and Lessee desire to amend the said 1970 Lease as hereinafter provided; and Whereas, for the purpose of evidencing its consent to the within amendment to the said 1970 Lease, and for the further purpose of acknowledging and affirming its continuing obligations and liability under the said 1970 Lease as hereinafter amended, Atlanta Air-Rights Co., though expressly not a party hereto, has caused these presents to be executed for the purpose of evidencing its consent, acknowledgement and affirmance as aforesaid; and III Whereas, Lessor is the owner of the fee simple title in and to certain real property located in Fulton County, Georgia, said real property being more particularly described in Exhibit A which is attached hereto, incorporated in and by reference made a part hereof, said property being therein designated as Tract 3; and Whereas, under and by virtue of that certain Lease dated December 26, 1950, entered into by and between the Western and Atlantic Railroad Commission, a predecessor in law to the State Properties Commission, acting for the State Of Georgia and by virtue of and pursuant to the authority granted by Resolution Act No. 797 passed by the 1950 Regular Session of the Georgia General Assembly

Page 1320

and approved by the Governor of the State Of Georgia on February 17, 1950 (Ga. L. 1950, pp. 408-412), as lessor, and Peachtree-Whitehall, Inc., a Georgia corporation, as lessee, recorded in Deed Book 2599, p. 503-512, aforesaid Records, said Lease, as subsequently amended from time to time as more particularly hereinafter set forth prior to the date of the execution of this Amended Lease by Lessor, being hereinafter referred to as the 1950 Lease, lessor did lease and demise unto Peachtree-Whitehall, Inc., certain real property (consisting of air rights only) located in Fulton County, Georgia (and being designated in the said 1950 Lease as Tracts 3, 4 and 5, respectively), a portion of which real property (being the same property as is designated as Tract 5 in the said 1950 Lease) is more particularly described in the aforesaid Exhibit A hereof and is therein designated as Tract 3; and Whereas, the said 1950 Lease was confirmed by Resolution Act No. 11 passed by the 1951 Regular Session of the Georgia General Assembly and approved by the Governor of the State Of Georgia on February 19, 1951 (Ga. L. 1951, pp. 824-826); and Whereas, the said 1950 Lease was subsequently amended by Resolution Act No. 469 passed by the 1951 Regular Session of the Georgia General Assembly and approved by the Governor of the State Of Georgia on February 21, 1951 (Ga. L. 1951, pp. 748-749), and by an agreement between the parties to the said 1950 Lease dated December 21, 1954, recorded in Deed Book 4420, p. 579-583, aforesaid Records; and Whereas, the said 1950 Lease was assigned by Peachtree-Whitehall, Inc., to Simon S. Selig, Jr., Charles R. Massell and B. F. Pattillo as Trustees (Marital Deduction Trust) under the Will of Ben J. Massell, deceased (said individuals being hereinafter sometimes collectively referred to as the Massell Trustees), by a Transfer of Lease dated May 31, 1968, and recorded in Deed Book 5022, p. 185, aforesaid Records; and

Page 1321

Whereas, under and by virtue of that certain unrecorded Sublease dated August 15, 1969, entered into by and between the Massell Trustees, as Sublessor, and Downtown, as Sublessee, said Sublease, as subsequently amended from time to time, being hereinafter referred to as the 1969 Sublease, the Massell Trustees did lease and demise unto Downtown certain real property (consisting of air rights only) located in Fulton County, Georgia (said real property consisting of the air rights over Tracts 4 and 5 of the real property demised to the Massell Trustees under the said 1950 Lease), a portion of which real property (being the same property as was designated as Tract 5 in the said 1969 Sublease) is more particularly described in the aforesaid Exhibit A hereof and is therein designated as Tract 3; and Whereas, the said 1950 Lease was further amended by an unrecorded agreement entered into by and between Lessor, acting through the State Properties Control Commission, a successor in law to the Western and Atlantic Railroad Commission, by virtue of and pursuant to the authority granted by Resolution Act No. 126 passed by the 1970 Regular Session of Georgia General Assembly and approved by the Governor of the State Of Georgia on March 20, 1970 (Ga. L. 1970, pp. 408-415), as Party Of The First Part, and the Massell Trustees and Downtown, as Parties Of The Second Part; and Whereas, the said 1969 Sublease was amended by an unrecorded agreement entered into by and between the Massell Trustees and Downtown, dated May 14, 1970; and Whereas, the Massell Trustees, as Sublessor, and Downtown, as Sublessee, did enter into a restated Sublease dated May 31, 1971, hereinafter referred to as the 1971 Sublease, a short form of which is recorded in Deed Book 5477, Pages 118-120, aforesaid Records, which 1971 Sublease provides that it contains the entire agreement of the parties thereto and supercedes the said 1969 Sublease; and under the terms of which 1971 Sublease the Massell Trustees did lease and demise unto Downtown certain real property located in Fulton County, Georgia

Page 1322

(said real property consisting of the air rights over Tracts 4 and 5 of the real property demised to the Massell Trustees under the said 1950 Lease and being the same property as was demised under the said 1969 Sublease), a portion of which real property (being the same property as is designated as Tract 5 in the said 1971 Sublease) is more particularly described in the aforesaid Exhibit A hereof and is therein designated as Tract 3; and Whereas, under and by virtue of an assignment dated as of November 26, 1973, and recorded in Deed Book 5946, p. 67-68, aforesaid Records, Downtown assigned all of its rights, title and interest in, to, under and by virtue of the said 1971 Sublease to Atlanta Air-Rights Co.; and Whereas, under and by virtue of an assignment dated as of November 26, 1973, recorded in Deed Book 5946, p. 321-323, aforesaid Records, Atlanta Air-Rights Co. assigned all of its rights, title and interest in, to, under and by vitrue of the said 1971 Sublease to Lessee; and Whereas, the portion of the real property demised by the Western and Atlantic Railroad Commission to Peachtree-Whitehall, Inc., under the said 1950 Lease (and therein designated as Tract 5), being a portion of the property demised by the Massell Trustees to Downtown under the said 1971 Sublease (said property being designated as Tract 3 in Exhibit A attached hereto and being hereinafter sometimes referred to as the Severed Peachtree-Whitehall Property), has been severed from the said 1950 Lease; the said 1971 Sublease has been terminated as to the Severed Peachtree-Whitehall Property; the Severed Peachtree-Whitehall Property has been incorporated into an amendment to the 1950 Lease to be entered into by and between Lessor and the Massell Trustees upon substantially the same terms and conditions, appropriately prorated, as were contained in the said 1950 Lease, as amended; and the rights of the Massell Trustees with respect to the Severed Peachtree-Whitehall Property have been assigned by the said Massell Trustees to Downtown and thereafter by Downtown to Lessee; and

Page 1323

Whereas, for the purposes of (i) requesting that the Severed Peachtree-Whitehall Property be incorporated into this Amended Lease; (ii) evidencing their consent to the aforesaid action; and (iii) acknowledging and affirming their continuing obligations and liability under the said 1950 Lease, as amended, Simon S. Selig, Jr., Charles R. Massell and B. F. Pattillo, as Trustees Under the Will of Ben J. Massell, deceased (successors in interest to the Massell Trustees), hereinafter sometimes collectively referred to as the Trustees, though expressly not parties hereto, it being understood and agreed by and between Lessor, Lessee and the Trustees that said Trustees shall have no liability whatsoever hereunder with respect to the Property (as herinafter defined) leased and demised herein, have caused there presents to be executed following the execution of Allright for the limited purposes set forth hereinabove; and IV Whereas, the Property (as hereinafter defined) being leased and demised by Lessor to Lessee hereunder is presently either leased directly or subleased indirectly by Lessor to Lessee, and no other property not presently leased or subleased as aforesaid by Lessor to Lessee is being leased and demised hereunder, the purpose of this Amended Lease being to amend the existing leases and subleases under and by virtue of which the Property (as hereinafter defined) leased and demised herein is presently leased and demised; and Whereas, the execution of this Amended Lease by Lessor has been approved by Resolution Act No...... passed by the 1974 Regular Session of the Georgia General Assembly and approved by the Governor of the State Of Georgia on....., 1974 (Ga. L. 1974, pp......); Now, therefore, in consideration of the premises, the rental to be paid hereunder, the mutual covenants and agreements herein set forth by each party to be kept and performed, and for other good and valuable consideration,

Page 1324

the receipt, adequacy and sufficiency of which is hereby expressly acknowledged by each party hereto, Lessor and Lessee do hereby mutually covenant and agree: (i) that the said 1960 Lease is hereby amended as hereinafter set forth and as amended, sets forth all the rights, duties, obligations and liabilities of Lessor and Lessee with respect to that portion of the Property (as herinafter defined) leased and demised in the said 1960 Lease; and (ii) that the Severed Allright Property shall be and is hereby incorporated in and made a part of the Property (as hereinafter defined) which is leased and demised under the 1960 Lease, as hereinafter amended; and (iii) that the said 1970 Lease is hereby amended as hereinafter set forth and as amended sets forth all the rights, duties, obligations and liabilities of Lessor and Lessee with respect to that portion of the Property (as hereinafter defined) leased and demised in the said 1970 Lease; and (iv) that the Severed Peachtree-Whitehall Property be and is hereby incorporated in and made a part of the Property (as hereinafter defined) which is leased and demised hereunder; and (v) that from and after the date of the execution of this Amended Lease by Lessor, all rights, duties, obligations and liabilities of Lessor and Lessee with respect to the Property (as hereinafter defined) shall be determined in accordance with the provisions, covenants, agreements, stipulations, exhibits, terms and conditions of this Amended Lease; and (vi) that the provisions, covenants, agreements, stipulations, exhibits, terms and conditions of this Amended Lease are as follows: WITNESSETH THAT: Lessor, for and in consideration of the premises and

Page 1325

of the rents, provisions, covenants, agreements, stipulations, exhibits, terms and conditions hereinafter set forth and herein collectively referred to as provisions, does hereby let, lease and demise, subject to all of the exceptions and encumbrances enumerated in Exhibit B attached hereto, incorporated in and by reference made a part hereof, unto Lessee and Lessee does hereby take, lease and hire from Lessor, subject to all of the exceptions and encumbrances enumerated in the aforesaid Exhibit B hereof, all of the right, title and interest which the Lessor has in and to the property more particularly described in Exhibit A which is attached hereto, incorporated in and by reference made in part hereof. Together with all the buildings, structures and improvements (herein referred to as the Existing Improvements) of Lessor which are located within the horizontal and vertical limits of the property more particularly described in Exhibit A hereof on the date of the execution of this Amended Lease by Lessor; Provided, however, that notwithstanding anything contained herein to the contrary, it is hereby recognized and acknowledged by Lessor that the existing improvements located in and upon that portion of the property more particularly described in Exhibit A hereof and therein designated as Tract 5 have been constructed by Lessee pursuant to its rights as set forth in the said 1960 Lease and that such existing improvements are and shall remain until the expiration or termination of this Amended Lease the property of Lessee. To have and to hold the said property more particularly described in Exhibit A hereof and the Existing Improvements for a term commencing on the date of the execution of this Amended Lease by the Governor of the State Of Georgia and the Secretary of State of the State Of Georgia (hereinbefore and hereinafter referred to as the date of the execution of this Amended Lease by Lessor) and expiring at 12:00 o'clock midnight on December 27, 2044, unless this Amended Lease shall be sooner terminated as hereinafter provided.

Page 1326

This Amended Lease and all rights of the parties hereunder, including any rights of the Lessee to use of the land for supports and appurtenances, are expressly subject to the provisions as hereinafter set forth, all of which the parties hereto respectively agree to keep, abide by and perform during the term hereof. Section One: Property Defined. All of the property more particularly described in Exhibit A hereof, together with all of the buildings, other structures and improvements of Lessor which are located within the horizontal and vertical limits of the said property as of the date of the execution of this Amended Lease by Lessor, and all of the buildings, other structures and improvements heretofore or hereinafter constructed by Lessee, its successors, assigns or sublessees and located within the horizontal and vertical limits of the property more particularly described in Exhibit A hereof shall be referred to in this Amended Lease as the Property. Section Two: Annual Rent. Lessee covenants and agrees to pay to Lessor throughout the term of this Amended Lease the annual rental (hereinafter referred to as the Rent) provided for in this Section Two. The Rent shall be payable, in advance, in equal monthly installments due on the first day of each calendar month throughout the term hereof. The Rent shall be prorated for any month in which this Amended Lease is not in effect for the entire month. The Rent payment due for the remainder of the month in which the date of the execution of this Amended Lease by Lessor occurs shall be due and payable on said date of execution. The Rent payable during the term of this Amended Lease shall be as follows: Rent Period Annual Rent January 1, 1974 through December 31, 1974 $180,000.00 January 1, 1975 through December 31, 1975 181,800.00 January 1, 1976 through December 31, 1976 183,600.00 January 1, 1977 through December 31, 1977 185,400.00 January 1, 1978 through December 31, 1978 187,200.00 January 1, 1979 through December 31, 1979 211,014.00 January 1, 1980 through December 31, 1980 232,014.00 January 1, 1981 through December 31, 1981 234,114.00 January 1, 1982 through December 31, 1982 236,214.00 January 1, 1983 through December 31, 1983 238,314.00 January 1, 1984 through December 31, 1984 269,131.00 January 1, 1985 through December 31, 1985 290,731.00 January 1, 1986 through December 31, 1986 293,131.00 January 1, 1987 through December 31, 1987 295,531.00 January 1, 1988 through December 31, 1988 297,931.00 January 1, 1989 through December 31, 1989 300,331.00 January 1, 1990 through December 31, 1990 320,731.00 January 1, 1991 through December 31, 1991 323,431.00 January 1, 1992 through December 31, 1992 326,131.00 January 1, 1993 through December 31, 1993 328,831.00 January 1, 1994 through December 31, 1994 331,531.00 January 1, 1995 through December 31, 1995 345,744.00 January 1, 1996 through December 31, 1996 350,271.00 January 1, 1997 through December 31, 1997 354,798.00 January 1, 1998 through December 31, 1998 359,325.00 January 1, 1999 through December 31, 1999 363,352.00 January 1, 2000 through December 31, 2000 368,379.00 January 1, 2001 through December 31, 2001 372,906.00 January 1, 2002 through December 31, 2002 377,433.00 January 1, 2003 through December 31, 2003 381,960.00 January 1, 2004 through December 31, 2004 386,487.00 January 1, 2005 through December 31, 2005 391,014.00 January 1, 2006 through December 31, 2006 395,541.00 January 1, 2007 through December 31, 2007 400,068.00 January 1, 2008 through December 31, 2008 404,595.00 January 1, 2009 through December 31, 2009 409,122.00 January 1, 2010 through December 31, 2010 413,649.00 January 1, 2011 through December 31, 2011 418,176.00 January 1, 2012 through December 31, 2012 422,703.00 January 1, 2013 through December 31, 2013 427,230.00 January 1, 2014 through December 31, 2014 431,757.00 January 1, 2015 through December 31, 2015 436,284.00 January 1, 2016 through December 31, 2016 440,811.00 January 1, 2017 through December 31, 2017 445,338.00 January 1, 2018 through December 31, 2018 449,865.00 January 1, 2019 through December 31, 2019 454,392.00 January 1, 2020 through December 31, 2020 769,873.00 January 1, 2021 through December 31, 2021 778,836.00 January 1, 2022 through December 31, 2022 787,799.00 January 1, 2023 through December 31, 2023 796,762.00 January 1, 2024 through December 31, 2024 805,725.00 January 1, 2025 through December 31, 2025 814,688.00 January 1, 2026 through December 31, 2026 823,651.00 January 1, 2027 through December 31, 2027 832,614.00 January 1, 2028 through December 31, 2028 841,577.00 January 1, 2029 through December 31, 2029 850,540.00 January 1, 2030 through December 31, 2030 859,503.00 January 1, 2031 through December 31, 2031 868,466.00 January 1, 2032 through December 31, 2032 877,429.00 January 1, 2033 through December 31, 2033 886,392.00 January 1, 2034 through December 31, 2034 895,355.00 January 1, 2035 through December 31, 2035 904,318.00 January 1, 2036 through December 31, 2036 913,281.00 January 1, 2037 through December 31, 2037 922,244.00 January 1, 2038 through December 31, 2038 931,207.00 January 1, 2039 through December 31, 2039 940,170.00 January 1, 2040 through December 31, 2040 949,133.00 January 1, 2041 through December 31, 2041 958,096.00 January 1, 2042 through December 31, 2042 967,059.00 January 1, 2043 through December 31, 2043 976,022.00 January 1, 2044 through December 27, 2044 Total $37,384,536.00

Page 1328

Section Three: Rent And Other Sums Payable To Lessor. Payment of all Rent and all other sums due to Lessor under this Amended Lease shall be made payable to the State Of Georgia and delivered to the Executive Director of the State Properties Commission (the State Properties Commission being hereinafter referred to as the Commission) or to such other agent of Lessor as may subsequently be designated in writing (in the form of legislation) by Lessor. Section Four: Late Charge. In the event Lessee shall fail or refuse to pay any monthly installment of Rent or any other sums due to Lessor under this Amended Lease

Page 1329

within five (5) days after the due date thereof, Lessee shall pay to Lessor a late charge equal to ten percent (10%) per annum of the amount due and not paid for the period commencing on the due date of said Rent or other sum (s) and ending on the date payment thereof is made. Section Five: Security Deposit. Lessee further agrees to deposit with the Commission on the date of the execution of this Amended Lease by Lessor, and to thereafter maintain at all times with the Commission or such other agent of Lessor as may subsequently be designated in writing (in the form of legislation) by Lessor, as security for the faithful performance of the undertakings, duties and obligations of Lessee under this Amended Lease, such bonds or other security in such amounts (hereinafter referred to as Security Deposit) as is hereinafter provided for in this Section Five: (A) Form Of Security Deposit. The form of the Security Deposit shall be: (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 Attlanta, Georgia; or (2) recognized valid bonds of the United States Government, the State Of Georgia or any of the bond issuing authorities, agencies or commissions of the State Of Georgia having a then aggregate par value equal to the Security Deposit required hereunder; or (3) such other security as may be acceptable to the Commission. (B) Amount Of Security Deposit. The amount of the Security Deposit shall be as follows: (1) on the date of the execution of this Amended Lease by Lessor and thereafter until January 1,

Page 1330

1979, the Security Deposit shall be equal to the annual Rent determined under Section Two hereof as of the date of the execution of this Amended Lease by Lessor; and (2) on the dates January 1, 1979; January 1, 1984; January 1, 1989; January 1, 1994; January 1, 1999; January 1, 2004; January 1, 2009; January 1, 2014; January 1, 2019; January 1, 2024; January 1, 2029; January 1, 2034; and January 1, 2039 (any of the aforesaid dates shall hereinafter be referred to as Adjustment Date), the Security Deposit shall be adjusted to equal the annual Rent determined under Section Two hereof as of such Adjustment Date. The Security Deposit for the period between any two Adjustment Dates shall be equal to the Security Deposit for the last preceding Adjustment Date. No interest shall be paid by Lessor on the Security Deposit. In the event any monthly installment of Rent or any other sum(s) owed by Lessee to Lessor under this Amended Lease is (are) not paid to Lessor within thirty (30) days from the due date thereof, then, and in that event, Lessor may, upon first giving notice to Lessee and without declaring this Amended Lease to be in default, secure the amount of the then due Rent or other sum(s) [plus ten percent (10%) late charge as provided in Section Four of this Amended Lease] from the Security Deposit. If Lessor secures the amount of the then due Rent or other sum(s) [plus ten percent (10%) late charge as provided in Section Four of this Amended Lease] from the Security Deposit, Lessee hereby agrees, upon notice from Lessor to Lessee that Lessor has taken the aforesaid action in regard to the Security Deposit, immediately to replace the amount taken from the Security Deposit by Lessor so that the amount of the Security Deposit on file with the Commission will be in the amount required of Lessee by this Section Five hereof.

Page 1331

Section Six: Inadequacy Of Security Deposit. If at any time after the date of the execution of this Amended Lease by Lessor, Lessor shall determine that the security deposited and maintained pursuant to subparagraph (2) or subparagraph (3) of sub-section (A) of Section Five of this Amended Lease is inadequate, Lessee shall, within thirty (30) days following written notice by 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 Seven: Interchanging Of Security Deposit. Lessee, in good faith and after depositing the initial Security Deposit with Lessor, shall, with the written approval of the Commission being first had and obtained, have the right and privilege of changing and interchanging the Security Deposit from time to time. Section Eight: Interest On Security Deposit. Lessee, having fully complied with Sections Five and Six above, shall have the right to collect and receive any and all interest that may accumulate on the Security Deposit other than on any cash that may have been so deposited by Lessee. Section Nine: Return Of Security Deposit. If upon the expiration of the term of this Amended Lease, Lessee shall have well and truly performed all of the undertakings, duties and obligations required of Lessee under this Amended Lease including, but not limited to, the payment of the Rent and all other sums owed by Lessee to Lessor hereunder, then the Security Deposit shall be returned by Lessor to Lessee. Section Ten: Encroachments. Adverse Uses And Occupancies Other Than Lawful Rights Previously Granted. Lessee may use the Property for any lawful purpose but Lessee shall not do or permit any act or thing to be done which might impair the value or usefulness of the Property or which constitutes a public or private nuisance. Lessee, acting in its own name and behalf, shall undertake to remove and cause the discontinuance of any and all

Page 1332

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 exceptions and encumbrances enumerated in the aforesaid Exhibit B hereof) (hereinafter singularly and collectively referred to as Encroachment) in, to and upon the Property, or any part thereof. Lessor will, if and when requested in writing by Lessee, join with Lessee and become a party to any proceeding, judicial or otherwise, instituted for the purpose of freeing the Property from any Encroachment. If, due to any Encroachment, Lessee cannot use and enjoy the Property or any portion thereof, this Amended 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 any such Encroachment shall have been removed by judicial proceedings or otherwise, the use of those portions of the Property previously subject thereto shall, for the remaining term of this Amended Lease, inure to the benefit of Lessee to the same extent as the other portions of the Property herein leased. Section Eleven: Payment Of Taxes And Assessments. It is hereby determined and declared by Lessor and Lessee that nothing contained in this Amended Lease is intended to exempt from ad valorem property taxes or subject to ad valorem property taxes the interest or estate of Lessee created by this Amended 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 Lessor from the payment of, any and all taxes, assessments, license fees, excises, imposts, fees and charges of every sort, nature and kind (hereinafter referred to singularly and collectively as Tax), which during the term of this Amended Lease are or might be levied, assessed, charged or imposed upon or against the Property or the interest or estate of Lessee in and to the Property. Section Twelve: Contest Of Tax: If the imposition of

Page 1333

any Tax 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 event any such Tax need not be paid until adjudged to be valid; Provided, however, Lessee shall in writing first notify Lessor of such dispute and contest and shall furnish to Lessor, if requested in writing by Lessor, reasonable security for the payment of any such Tax so contested. Unless so contested, any Tax shall be paid by Lessee within the time provided by law, and if contested, any such Tax shall be paid before the issuance of an execution on a final judgment with respect thereto. Section Thirteen: Evidence Of Payment Of Taxes And Assessments. Lessee, within twenty (20) days after its receipt thereof, shall deliver to Lessor a copy of all current Tax bills or statements assessed against the Property. After all payments are made by Lessee pursuant to and in conformity with Section Eleven above, Lessee shall at once furnish to Lessor duplicate receipts or other satisfactory evidence of such payment. Section Fourteen: Payment Of Utilities And Services 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 of whatever type, kind or nature) supplied to the Property. Section Fifteen: Payments For Lessee By Lessor. If Lessee fails to procure the insurance required to be procured by Lessee under this Amended Lease, or fails to pay any premium of insurance, Tax, or any other sum in this Amended Lease required to be paid by Lessee (other than Rent), Lessor may, at Lessor's option, elect to follow one of the options provided in Section Forty-Eight of this Amended Lease or may, without declaring a default of this Amended Lease by Lessee, procure on behalf of Lessee any such insurance, and pay on behalf of Lessee any such payment or payments as may be necessary. Any sum(s) so paid or expended by Lessor on behalf of Lessee shall immediately [upon written notice by Lessor to Lessee that Lessor has paid or expended such sum (s) and a

Page 1334

demand by Lessor for reimbursement of Lessor by Lessee for such sum (s)] be reimbursed and paid by Lessee to Lessor. Section Sixteen: Interest On Unpaid Amounts. Any sums which are payable by Lessee to Lessor under this Amended Lease (including any Rent) and which are not paid to Lessor when due shall bear interest at the rate of ten percent (10%) per annum from the due date thereof through the date payment of the same is made. If it becomes necessary for Lessor to bring suit for collection of any sum (s) herein stipulated to be paid by Lessee, Lessee agrees to pay any and all such expenses and costs as Lessor may incur, including, but not limited to, reasonable attorney's fees. Section Seventeen: Compliance By Lessee With Laws And Ordinances. At all times during the term of this Amended Lease, 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 Amended Lease or at any time during the continuance of the term hereof which in any way affect the Property or the use of the Property or any repair, replacement, demolition, renovation, construction, restoration or excavation being done on or to the Property, or in any way affecting this Amended Lease. Lessee, in its own name and at its sole cost and expense, shall have the right to contest the validity of any law, ordinance, rule, regulation or requirement contemplated under this Section Seventeen; provided, however, that Lessee pursues such contest in good faith and Lessee first gives Lessor written notice of such contest and furnishes to Lessor, if a monetary amount is involved and if requested in writing by Lessor, reasonable security for the payment of said monetary amount. Section Eighteen: Acceptance Of Property By Lessee. Lessor makes no covenant of quiet enjoyment, representation or warranty as to the title to or the condition of the Property. Lessee hereby acknowledges that it has fully

Page 1335

inspected the Property and that the same is in satisfactory condition for the use intended to be made of the same by Lessee. Lessee further acknowledges that no covenant of quiet enjoyment, representation or warranty as to the title to or the condition of the Property has been made to it by Lessor, the Commission, or any agent, employee, representative or attorney of either Lessor or the Commission. Lessor shall not be required, during the term of this Amended Lease, to make any repair or alteration to the Property or in any manner to supply any services, utilities or maintenance to or for the Property. Section Nineteen: Merger Of Improvements By Lessee. Lessor consents to the construction of buildings and improvements (hereinafter referred to in this Amended Lease as Special Improvement or Special Improvements as the context requires) over and across the boundary lines of the Property, both vertical and horizontal, onto other contiguous lands (such other contiguous lands on which any such Special Improvement is constructed being hereinafter referred to as Adjoining Property) which are owned by Lessee or which are leased or subleased by Lessee for a term of years not to expire prior to the expiration date of the term of years of this Amended Lease. Lessor agrees and does hereby grant to the owner of the Adjoining Property and any party claiming by, through or under said owner, a non-exclusive easement to use (in common with Lessor hereunder and anyone claiming by, through or under Lessor) any such Special Improvement. Such non-exclusive easement herein granted shall (i) be for the use of all common areas and facilities located within any such Special Improvement and on the Property which shall reasonably be necessary or appropriate for the continued utilization of that portion of any such Special Improvement located on the Adjoining Property, including, but not limited to, aisles, hallways, elevators, restroom facilities, sidewalks, stairways and service areas; (ii) not vest into a present right of use until the expiration or termination of this Amended Lease; and (iii) expire automatically upon (a) the removal or demolition of any such Special Improvement [provided, however, that any such Special Improvement

Page 1336

shall be removed or demolished only by the mutual agreement of the owners (which terms owners or owner as used in this section Nineteen shall include all parties having an ownership or security interest in that portion of the Property and the Adjoining Property upon which the Special Improvement is located) of that portion of the Property and the Adjoining Property upon which the Special Improvement is located]; or (b) December 27, 2054, whichever shall first occur. For the purposes of this Section Nineteen, the owners of that portion of the Property and the Adjoining Property upon which any such Special Improvement is located shall be deemed to have mutually agreed to remove or demolish any such Special Improvement, if, through the passage of time or otherwise, the structural soundness thereof deteriorates such that any such Special Improvement, including that portion of any such Special Improvement located on the Property, becomes untenantable and its continued existence constitutes a nuisance and a hazard to the public health and safety. Such non-exclusive easements shall be subject to the rights, if any, of any persons or entities which were vested prior to the commencement of the rights of the respective lessees under the various leases which are amended by this Amended Lease. Prior to commencement of any construction of any such Special Improvement, Lessee agrees to furnish Lessor a non-exclusive easement in recordable form and containing covenants running with the land executed by the owner of the Adjoining Property which grants to Lessor a non-exclusive easement as an encumbrance upon the Adjoining Property for the same purposes and uses and subject to substantially the same terms and conditions as are contemplated under items (i), (ii) and (iii) of this Section Nineteen. The Commission shall, without any further action or authorization by the Georgia General Assembly being necessary, execute on behalf of Lessor any and all additional documents in recordable form as shall reasonably be requested by Lessee to ratify and to add specificity to the non-exclusive easements herein granted. Each such request for a non-exclusive easement shall be accompanied by a statement setting forth the specific details of the location (which shall include,

Page 1337

but not be limited to, a current, accurate, properly labeled and recordable plat of boundary line survey depicting to the extent possible thereon the proposed non-exclusive easement area; said plat of boundary line survey shall be prepared at the expense of Lessee by a Georgia registered and licensed land surveyor or professional engineer), use and nature of such non-exclusive easement. From and after the expiration of the non-exclusive easements hereinabove set forth, Lessor shall have the exclusive right and option to sever and demolish that portion of any such Special Improvement located on the Property and to operate, occupy and maintain such portion of any such Special Improvement independent of any portion of any such Special Improvement located on the Adjoining Property. Section Twenty: Protection Of Adjacent Property During Construction Construction Insurance. While any construction (which term as used throughout this Amended Lease shall also include any alteration, renovation, demolition, reconstruction, repair, maintenance, restoration or replacement) is being done on or to the Property, Lessee shall protect all adjacent property. In connection with such protection, Lessee agrees that it will obtain, or require the general or prime contractor retained to perform such construction to obtain, or in the event there is no general or prime contractor retained to perform such construction then require the person(s) or entity(ies) performing such construction to obtain, and keep in force at all times during the performance of such construction insurance coverage of the following amounts under a policy or policies of Public Liability and Property Damage Liability Insurance covering the operations of such construction. Such policy or policies of insurance shall have limits of not less than $1,000,000.00 for all damages arising out of bodily injuries to or the death of one person in any one occurrence, and, subject to the aforesaid limit for each person, a total of $5,000,000.00 for all damages arising out of bodily injuries to or the death of two or more persons in any one occurrence, and limits of not less than $1,000,000.00 for all damages arising out of damage to or destruction of property in any

Page 1338

one occurrence. Each and every such insurance policy shall contain a standard loss payable clause in favor of Lessor and Lessee as their interests may appear. When any construction is being done over or adjacent to the right-of-way of the Western Atlantic Railroad that would create a possible hazard to railroad operations and property, the Lessee shall furnish or cause its prime contractor or the persons or entities performing such construction to furnish to the Louisville And Nashville Railroad Company, lessee of the Western Atlantic Railroad, a standard policy of railroad protective liability insurance in the form approved by the Association of American Railroads, the National Association of State Highway Officials, and the Mutual Insurance Rating Bureau, said policy to name the Louisville And Nashville Railroad Company as the insured. Lessee shall keep in force at all times during such construction a policy or policies of insurance with limits of not less than $500,000.00 for all damages arising out of bodily injuries to or death of one person in any one occurrence, and subject to the aforesaid limit for each person, a total of $2,500,000.00 for all damages arising out of bodily injuries to or the death of two or more persons in any one occurrence, and limits of not less than $1,000,000.00 for all damages arising out of damage to or destruction of property in any one occurrence. In addition, the Lessee or its prime contractor or such other persons or entities performing such construction will reimburse the Louisville And Nashville Railroad Company for any expense in furnishing flagmen and watchmen reasonably required to protect railroad property and operations during the construction period. Section Twenty-One: Insurance Policy Limits Applicable For Year 1974. The insurance policy limits provided for in Section Twenty above shall be applicable during the year 1974. If at the time of the commencement of any such construction (as this term is used in Section Twenty above) the value of the dollar has declined appreciably below its purchasing power as of January 1, 1974, the limits of all insurance called for in Section

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Twenty above shall be increased in approximate proportion to the decline in dollar value. Section Twenty-Two: Construction Approvals By Lessor. Prior to commencing the construction of any improvements [which term improvements or improvement as used throughout this Amended Lease shall include, but not be limited to, Special Improvement(s)] on the Property, Lessee shall deliver to the Commission, for its approval, an architect's rendering, showing in perspective all elevations of the proposed improvements and, if available, a reduced scale model of the proposed improvements (hereinafter referred to as Preliminary Plans). Thereafter, or simultaneously with the submission to the Commission of the Preliminary Plans but in any event prior to commencing the construction of any improvements on the Property, Lessee shall deliver to the Commission, for its approval, architect's structural drawings and specifications for any improvements or portions thereof which are to be constructed beneath the horizontal elevation plane which forms the lower boundary line of the Property herein demised (herein referred to as Structural Plans) showing all supports, ventilating, lighting, and drainage systems onto or affecting the Lessor's underlying property. The aforesaid supports and systems shall at all times permit railroad operations on and within the Western Atlantic Railroad right-of-way to be conducted in a safe, convenient, expeditious, economical and healthful manner, and said Structural Plans shall include provisions for train signaling devices for operation of railroad engines and cars adequate to provide that the use of said right-of-way for railroad purposes shall not be obstructed, interfered with or endangered as a result of the construction to be performed in accordance with the said Structural Plans. The right of approval of the Commission with respect to the Structural Plans 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 proposed improvements or any part thereof in order that the use of other property of Lessor by other tenants or Lessees of Lessor shall not be obstructed

Page 1340

hindered, impaired, interfered with, endangered or damaged. Lessee agrees to furnish such detailed plans of other portions of any said improvements as may be requested by the Commission. Lessee, after submitting to the Commission the Preliminary Plans and the Structural Plans and after having both of the same approved in writing by the Commission, may without the consent or approval of the Commission, order, authorize or perform any change, substitute work or materials in prosecuting the construction of the improvements (Change Order) provided that any such Change Order does not result in a substantial change in the Preliminary Plans or any change whatsoever in the Structural Plans approved by the Commission in accordance with this Section Twenty-Two. For the purpose of this Amended Lease, a substantial change in the Preliminary Plans shall be a change or substitution of materials which results (i) in a decrease in the cost of construction of the improvements in excess of $250,000.00 or (ii) in a change of the ultimate concept or the use for which the improvements are designed in accordance with the Preliminary Plans approved by the Commission. Any Change Order involving the Structural Plans and any Change Order which results in a substantial change in the Preliminary Plans shall be made only with the written approval of the Commission, which approval shall not be unreasonably withheld. After the Commission's approval of the Preliminary Plans and the Structural Plans has been obtained, Lessee shall, prior to commencing construction of any improvements on the Property: (A) deliver to the Commission a payment bond, having a good and solvent corporate surety acceptable to the Commission, guaranteeing to Lessor as a beneficiary thereof (a) payment of all labor and materials incorporated in such work, (b) payment of all fees and other costs and expenses incurred in connection with such work; or such other assurance satisfactory and acceptable to the Commission for the due payment of the full cost of all such work; and

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(B) deliver to the Commission such other assurance as are satisfactory and acceptable to the Commission guaranteeing the completion of all such work. Lessee shall submit the Preliminary Plans and the Structural Plans to the Executive Director of the Commission. The Commission shall give Lessee written notice of its approval or disapproval of the Preliminary Plans and the Structural Plans. The Commission's approval of the Preliminary Plans and Structural Plans shall not be unreasonably withheld; and if withheld, such withholding explained in writing. If after the construction of the proposed improvements, Lessor shall reasonably determine that the aforesaid referenced ventilating, lighting or drainage devices or systems shall not be sufficient, or that notwithstanding the construction of such ventilation, lighting or drainage devices or systems, smoke, gas and or water are concentrated or permitted to escape in such a manner or in such quantities as to injure or damage adjoining property, property of Lessor, or property of a tenant or lessee of Lessor, or in such manner as to render Lessor liable in damages to any person or corporation on account thereof, or to prohibit the use and operation of the Western Atlantic Railroad by Lessor or its lessee in a safe, convenient, expeditious, economical and healthful manner, Lessee will promptly provide and construct totally at its own cost and expense any additional ventilating, lighting or drainage devices or systems which the Commission may reasonably conclude to be necessary for such purposes, notwithstanding the previous approval by the Commission of the Preliminary Plans and Structural Plans. The Commission shall give written notice to Lessee of the requirement for any such additional ventilating, lighting or drainage devices or systems. Section Twenty-Three: Substantial Completion Of Improvements. As soon as practicable (however, in no event to exceed six calendar months) after the substantial completion of the improvements, Lessee will furnish to the Commission, at Lessee's own cost and expense, (A) one complete set of final as-built plans and specifications of the completed improvements, (B) a current, accurate,

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properly labeled, and certified (by the hereafter stated surveyor or engineer) plat of survey prepared by a Georgia registered land surveyor or professional engineer depicting to scale the exact location of the completed improvements, and any other physical objects, as the same have been constructed and (C) a full and complete appraisal (discussing the known and accepted approaches to value) of the then current fair market value of the completed improvements prepared for Lessor by an appraiser, who shall be a member in good standing of the American Institute of Real Estate Appraisers, or its successor. The term substantial completion as used in this Amended Lease shall be deemed to mean such completion as will make the improvements sufficient, suitable and ready for immediate occupancy and for the use intended. Section Twenty-Four: Construction According To Approved Plans. Lessee shall complete the construction of the proposed improvements substantially in accordance with the Preliminary Plans and in strict accordance with the Structural Plans approved by the Commission. The Commission, acting for and on behalf of Lessor, and without any further action or authorization by the Georgia General Assembly being necessary, shall execute such non-exclusive easements as shall be reasonably necessary to Lessee, either as to the Property or as to any underlying or adjacent properties of Lessor, in order to make available to the Property or any portion thereof water, sewer, gas and electrical services and to provide to the Property or any portion thereof ground level accessibility for vehicular or pedestrian purposes; Provided, however, that any such non-exclusive easements shall be subject to (i) the rights, if any, of the Louisville And Nashville Railroad Company (LN) (and any party claiming by, through or under LN) under the terms of that certain Lease entered into by and between the State Of Georgia, acting through the State Properties Control Commission and under and by virtue of the authority granted by Resolution Act No. 101 passed by the 1968 Regular Session of the Georgia General Assembly and approved by the Governor of the State Of Georgia on March 4, 1968 (Ga. L. 1968, pp. 54-112), (hereinafter referred to as the

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March 4, 1968 Lease), as lessor, and LN, as lessee, (ii) the rights, if any, of Allright, and any party claiming by, through or under Allright, under the terms of the 1972 Allright Lease, and (iii) the rights, if any, of any person or entity set forth in Item 7 of Exhibit B of this Amended Lease; Provided further, that as to such non-exclusive easements for ground level access, Lessee shall first obtain and submit to Lessor the written approval of the parties listed in (i) above in the event that said non-exclusive easements affect the right-of-way (or the use thereof) of the Western Atlantic Railroad as said right-of-way is located on the date of the execution of this Amended Lease by Lessor, or as the said right-of-way may be relocated pursuant to, under and by virtue of the terms and conditions of the said March 4, 1968, Lease (as the said March 4, 1968, Lease exists as of the date of the execution of this Amended Lease by Lessor), and the written approval of the parties listed in (ii) above and the written approval of the known parties listed in (iii) above to the extent that said non-exclusive easements affect the interests of said parties, and that said non-exclusive easements for ground level access shall not result in any cost, expense or loss to or by Lessor; said non-exclusive easements, or any interest therein, shall be freely assignable, without the consent or approval of Lessor, to any person or entity whomsoever holding an interest in the Property, or any portion or portions thereof. All such non-exclusive easements shall terminate no later than December 27, 2044. Section Twenty-Five: Payment Of Bills For Construction. Lessee covenants and agrees to pay, currently as they bcome due and payable, all bills for labor, materials, insurance, and bonds, and all fees of architects, engineers, contractors, and subcontractors and all other costs and expenses incident to any construction in or 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 any such bill, fee, cost or expense, and in such event, any such item need not be paid until adjudged to be valid; provided, however, Lessee shall first notify Lessor in writing of such dispute and contest and shall furnish

Page 1344

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 a final judgment with respect thereto. Section Twenty-Six: 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, assignee, sublessee, subcontractor, independent contractor, prime or general contractor, mechanic, laborer, materialman or other lien or claim holder, shall always be and remain subordinate, inferior, and junior to Lessor's reversionary title, interest and estate in the Property. Section Twenty-Seven: Completion Of Construction By Lessor. Lessee covenants and agrees that in the event Lessee abandons or fails to complete the construction of improvements undertaken by Lessee upon the Property in accordance with all the requirements of this Amended Lease, Lessor may, at its option (but without any obligation so to do and without prejudice to any other rights Lessor may have under this Amended Lease) complete the construction of the improvements undertaken by Lessee at the cost and expense of Lessee and, as nearly as practicable and proper, according to the Preliminary Plans and Structural Plans previously approved by the Commission. Lessee shall, at the time of submission of the Structural Plans to the Commission for approval, present to the Commission, in form and content acceptable to the Commission, a written agreement of the architect, who created the Preliminary Plans and the Structural Plans for the Lessee, to furnish to Lessor and to permit Lessor to use the Preliminary Plans and the Structural Plans, without charge to Lessor, in the event Lessor elects to complete the construction of the improvements undertaken by Lessee or any part or parts thereof. Section Twenty-Eight: Title To The Improvements. The title to all improvements now or hereafter located on

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the property more particularly described in Exhibit A hereof shall be vested in Lessee until either the termination or expiration of this Amended Lease or until such time as Lessee vacates or abandons the Property or is dispossessed by process of law at which time all title to and ownership of said improvements shall automatically and immediately vest (without the necessity of any further action being taken by Lessee or Lessor or any instrument being executed and delivered by Lessee to Lessor) in Lessor. Section Twenty-Nine: Abandonment Of The Property By Lessee. Lessee agrees to occupy the Property, directly or indirectly, and not vacate or abandon the same at any time during the term of this Amended Lease. If Lessee vacates or abandons the Property, or be dispossessed by process of law, any personal property or trade fixtures belonging to Lessee and left on the Property shall, at the option of the Lessor, be deemed to be abandoned by the Lessee and henceforth the title to (and the ownership of) said personal property or trade fixtures shall immediately vest (without the necessity of any further action being taken by Lessee or Lessor or any instrument being executed and delivered by Lessee to Lessor) in Lessor as of the date of said vacating, abandonment or dispossession. Section Thirty: Subleasing. (A) Right To Enter Into Subleases. Nothing contained in this Section Thirty shall be construed to relieve Lessee of any of its obligations under this Amended Lease, including the payment of Rent. Lessee shall have the right to sublease all or any portion of the Property without the consent or approval of Lessor, for a term of years not to extend beyond December 27, 2043. (B) Recognition By Lessor Of Subleases. Lessee shall have the right at any time and from time to time to submit to the Executive Director of the Commission for recognition by Lessor any bona fide sublease entered into by Lessee pursuant to the provisions of sub-section (A) of this Section Thirty, and such recognition shall automatically

Page 1346

become effective unless the Commission gives written notice of its disapproval thereof to Lessee together with a copy of such written notice to the sublessee at his address as disclosed by the sublease. Lessor agrees that it will not unreasonably withhold the recognition of any such sublease. In the event the portion of the Property as to which any such submission for recognition is made is also a portion of the Property as to which there exists any Leasehold Mortgagee, such submission shall be accompanied by evidence of the written consent thereto by any such Leasehold Mortgagee. Unless the Commission disapproves any such submission for recognition the provisions of this sub-section (B) of this Section Thirty shall be self-operating and shall not require any further action on the part of Lessor; provided, however, that the Executive Director of the Commission shall, upon request by Lessee, promptly execute, acknowledge and deliver such agreements evidencing and agreeing to the recognition of any such subleases as Lessee shall reasonably require. Any sublease which is recognized by Lessor pursuant to the provisions of this sub-section (B) of this Section Thirty shall be hereinafter sometimes referred to as a Recognized Sublease, and the sublessee thereunder shall be hereinafter sometimes referred to as a Recognized Sublessee. (C) Rights Of Recognized Sublessee. If this Amended Lease is terminated prior to the expiration of the term as provided for herein, whether or not Lessor enters into a Mortgagee Lease (as hereinafter defined) with any Leasehold Mortgagee as provided for in sub-section (G) of Section Forty-Seven hereof, Lessor agrees that any such premature termination of this Amended Lease shall not result in the termination of any Recognized Sublease. Each Recognized Sublease shall continue for the duration of its term as a direct lease between Lessor and each such Recognized Sublessee, with the same force and effect as if Lessor had originally entered into the Recognized Sublease as the lessor thereunder. (D) Limitation Upon Rights Of Recognized Sublessee. Any other provisions of this Amended Lease or of any

Page 1347

Recognized Sublease to the contrary notwithstanding, in no event shall Lessor have any greater obligations to any Recognized Sublessee than Lessor has to Lessee under this Amended Lease, and in no event shall any Recognized Sublessee have any greater rights as against Lessor than Lessee has as against Lessor under this Amended Lease. Section Thirty-One: Assignment Of Lease With Lessor's Consent. Except as otherwise provided in this Amended Lease, Lessee, and its successors and assigns, shall not have the right to assign or transfer this Amended Lease or any interest herein or any right or privilege appurtenant thereto unless the written consent of Lessor is first had and obtained, which consent shall not be unreasonably withheld. Any assignment or transfer without such written consent shall be void. Any other provisions of this Amended Lease to the contrary notwithstanding, Lessee shall, without the consent of Lessor, have the right to make any assignment or transfer of this Amended Lease or any interest therein or any right or privilege appurtenant thereto which Lessee desires to make or grant to a Leasehold Mortgagee pursuant to Section Forty-Seven of this Amended Lease. Any other provisions of this Amended Lease to the contrary notwithstanding, in no event shall the assignment of General Partners' or Limited Partners' interests in Lessee or the creation and issuance by Lessee of additional limited partnership interests constitute an assignment of Lessee's interest under this Amended Lease, but in the event of any such assignment of General Partners' or Limited Partners' interests in Lessee or the creation and issuance of additional limited partnership interests (except for readjustment of percentage interests among the existing partners), Lessee shall first obtain the prior written consent of the Commission thereto, which consent shall not be unreasonably withheld. Section Thirty-Two: Maintenance Of Property. Lessee shall, at all times during the term of this Amended Lease, totally at Lessee's own cost and expense, keep and maintain the Property, and appurtenances and every part thereof, and any and all buildings, other structures or

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improvements that may exist on, in, or be made a part of the Property, in good and sanitary order, condition and repair. Lessee's obligation to repair shall include the obligation to maintain, service and replace. Section Thirty-Three: Work Required By Government Regulation. In the event that, at any time during the term of this Amended Lease, any alteration, demolition, renovation, repair, replacement or maintenance of any building, other structure or improvement in or 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, 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 Lessor be required to contribute thereto, participate therein, or do or pay for any work performed, materials furnished, or obligations incurred by Lessee. Lessee shall have the right to contest the validity of any such law, ordinance or regulation. Section Thirty-Four: Indemnification Of Lessor By Lessee. Lessee, as a material part of the consideration to be rendered to Lessor in this Amended Lease, 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 (s) or damages to any property (ies) 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 Property by Lessee or Lessee's sublessees, subtenants, assignees, licensees, partners, agents, employees, invitees, trespassers, contractors and subcontractors, or their partners, representatives, agents or employees, or which arises from or in any manner grows out of, any defect in any undertaking hereunder by Lessee or any failure of Lessee to comply with the provisions of this Amended Lease. Section Thirty-Five: Addition, Subtraction, Renovation, Demolition Or Construction Anew Of The Improvements.

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If Lessee is not in default in the performance of any of the provisions of this Amended Lease, Lessee shall have the right at any time and from time to time to add to, subtract from or renovate the Existing Improvements or to demolish the Existing Improvements or to demolish any improvements constructed on the Property by Lessee and to construct new improvements on the Property of at least the same fair market value. Section Thirty-Six: Return Of The Property To Lessor. Lessee agrees, at the termination of this Amended Lease, to surrender unto Lessor, all and singular the Property 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 Thirty-Nine of this Amended Lease. Section Thirty-Seven: Casualty And Hazard Insurance. (A) Casualty And Hazard Insurance On Improvements. At all times during the term of this Amended Lease, including the period of any construction in or on the Property, Lessee shall have all buildings, other structures and improvements insured against any loss or damage caused by fire, lightning, windstorm, hurricane, tornado, cyclone, hail, explosion, riot, civil commotion, aircraft, smoke, land vehicles, boiler explosion, and any other risks customarily included under extended coverage insurance policies, 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, if the same is obtainable, contain a clause expressly waiving any right of the insurer of subrogation against Lessor. Each insurance policy shall provide that the same shall

Page 1350

not be invalidated or cancellable until after thirty (30) days written notice has been given to Lessor. (B) Loss Payable Clauses. The contracts of insurance required by sub-section (A) of this Section Thirty-Seven shall contain standard loss payable clauses in favor of 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 such Leasehold Mortgagee's interest may appear, provided that: (1) the Leasehold Mortgagee complies with the terms and conditions to be performed by Leasehold Mortgagee as contained in Section Forty-Seven of this Amended Lease; and (2) the Leasehold Mortgagee gives in writing to Lessor assurance that the proceeds of such insurance shall be utilized first for the repair, reconstruction, restoration, or replacement of such buildings, other structures or improvements. Section Thirty-Eight: 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 Property 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, that Lessee will not permit any buildings, other structures or improvements at any time to be put, kept or maintained on the Property in such condition that the same cannot be insured in the amount of the full insurable replacement value [One Hundred percent (100%)] thereof. Section Thirty-Nine: Repair Of Damaged Improvements. Should any building, other structures or improvements constructed and located by Lessee on or within the Property be damaged or destroyed by fire or any other casualty whatsoever during the term of this Amended Lease, Lessee, except as hereinafter provided in this Section

Page 1351

Thirty-Nine, shall, within a reasonable time, commence the work of repair, reconstruction, restoration, or replacement and shall prosecute the same with all reasonable dispatch, so that within four (4) years from the date of such damage or destruction, or by the end of the term of this Amended Lease, whichever is earlier, such buildings, other structures or improvements shall have been repaired, reconstructed or restored to the extent that they have at least the same fair market value as they had before the damage or destruction or shall have been replaced by new buildings, other structures or improvements having at least the same fair market value as the damaged or destroyed buildings, other structures or improvements had before said damage or destruction. Lessor and Lessee specifically agree that, except as otherwise provided in this Amended Lease, damage to or destruction of any buildings, other structures or improvements on or within the Property at any time during the term of this Amended Lease, by fire or any other casualty whatsoever, shall not work a termination of this Amended Lease or authorize Lessee or those claiming by, through or under Lessee to quit or surrender possession of the Property or any part thereof, and shall not release Lessee in any way from its liability to pay Lessor the Rent herein provided for, or from any of the provisions of this Amended Lease. However, if any buildings, other structures or improvements constructed and located by Lessee on or within the Property shall be damaged or destroyed at any time within the last ten (10) years of the term of this Amended 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 the sum of (i) the full insurable replacement value [One Hundred Percent (100%)] of said damaged or destroyed buildings, other structures or improvements; plus (ii) the total amount of Rent for the remainder of the unexpired term of this Amended Lease. The 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

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to the payment by Lessee of the sums herein enumerated, upon the clearing by Lessee (totally at Lessee's own cost and expense and without any cost to Lessor) of the Property 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 rights, title and interest in and to the Property. Section Forty: Damages For Failure To Comply With Repair Obligation. If the repair, reconstruction, restoration or replacement of damaged or destroyed buildings, other structures or improvements is not substantially completed within four (4) years from the date of such damage or destruction (if such completion date is prior to the end of the term of this Amended Lease and if Lessee is under the affirmative requirement of Section Thirty-Nine of this Amended Lease to commence the repair, reconstruction, restoration, or replacement), Lessee hereby agrees to pay to Lessor monthly thereafter, as fixed and liquidated damages and not as a penalty, an amount per day equal to the quotient derived by dividing the then current annual Rent by the number 365 until the said repair, reconstruction, restoration or replacement is substantially complete or until the end of the term of this Amended Lease, whichever is earlier. Section Forty-One: Workman's Compensation Insurance. At times prior to the termination of this Amended Lease during any construction in or on the Property, Lessee agrees, at its own cost and expense, to obtain and maintain workman's compensation insurance in an amount necessary to protect Lessor and Lessee from all liabilities, damages, claims or demands arising out of any accident or occurrence related to such construction causing injury or death to any person. Section Forty-Two: Use Of Proceeds Of Insurance. The proceeds of all insurance obtained in accordance with Section Thirty-Seven of this Amended Lease shall be used for the repair, reconstruction, restoration, or replacement of

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buildings, other structures or improvements located on or within the Property 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 Thirty-Nine of this Amended Lease. The proceeds of such insurance, if not required to be used for the repair, reconstruction, restoration or replacement of the Property, shall, unless Lessee is in default hereunder, be paid over or assigned to the Lessee or as the Lessee may direct. All sums necessary to effect such repair, reconstruction, restoration or replacement over and above the amount available from said insurance proceeds shall be at the sole cost and expense of Lessee. Section Forty-Three: Termination Prior To Completion Of Repair. In the event of the termination of this Amended Lease before the expenditure of the full amount of such insurance proceeds in the repair, reconstruction, restoration or replacement of such damaged or destroyed buildings, other structures or improvements, any unexpended balance thereof, including any interest previously earned by such balance, shall inure to and become the sole property of the Lessor. Section Forty-Four: 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 Amended 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 coverage limits as may be determined by Lessor but with such coverage limits at all times to be not less than $1,000,000.00 for all damages arising out of bodily injuries to or the death of one person in any one occurrence, and, subject to the aforesaid limit for each person, a total of $5,000,000.00 for all damages arising out of bodily injuries to or the death of two or more persons in any one occurrence, and limits of not less than $1,000,000.00 for all damages arising out of damage to or destruction of property in any one occurrence. The

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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 Property. Section Forty-Five: Delivery Of Insurance Policies. Insurance policies, and all endorsements thereto, including all insurance required to be carried by Lessee in accordance with this Amended 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 by Lessee. Section Forty-Six: Evidence Of Payment Of Premiums. Lessee shall at once furnish to the Commission 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 Amended Lease. Section Forty-Seven: Mortgaging Of The Leasehold. Lessee, and every successor and assign of Lessee (and any Recognized Sublessee and every successor and assign of a Recognized Sublessee, pursuant to sub-section (B) of Section Thirty above) shall have the right in addition to any other rights granted in this Amended Lease to encumber its interest in this Amended Lease (or in any Recognized Sublease) without Lessor's consent, under any one or more Leasehold Mortgages (as hereinafter defined), upon the condition that all rights acquired under the Leasehold Mortgage or Mortgages shall be subject to each of the provisions set forth in this Amended Lease and to all rights and interest of the Lessor therein. If, from time to time, Lessee or Lessee's successors and assigns (or Recognized Sublessees or their successors and assigns) shall encumber this Amended Lease (or any Recognized Sublease) with a Leasehold Mortgage, and if the Leasehold Mortgagee (as hereinafter defined) registers with Lessor by delivering to Lessor a copy of such recorded Leasehold Mortgage certified by the Clerk or any Deputy Clerk of the Superior Court of Fulton County, Georgia, together with written notice specifying the name and address of the Leasehold Mortgagee, the pertinent recording

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data with respect to the Leasehold Mortgage and the term (duration) of the Leasehold Mortgage, Lessor agrees that from and after the date of receipt by Lessor of such notice and for the term (duration) of such Leasehold Mortgage, the following provisions shall apply: (A) Form Of Security Instrument. The term Leasehold Mortgage, as used in this Amended Lease shall mean and refer to any encumbrance of this Amended Lease (or and Recognized Sublease) as security for any indebtedness Lessee or Lessee's successors and assigns or any Recognized Sublessee and its successors and assigns, may incur, whether by deed to secure debt, mortgage, deed of trust, or other security instrument. The term Leasehold Mortgagee shall mean and refer to holder of the indebtedness secured by any Leasehold Mortgage. (B) Consent To Amendment. There shall be no cancellation, surrender or modification of this Amended Lease by Lessor and/or Lessee without the prior written consent of any Leasehold Mortgagee. Nothing herein shall be deemed to prohibit Lessor from terminating this Amended Lease for default of Lessee as provided in this Amended Lease. (C) Notices To Leasehold Mortgagees. Lessor, upon serving Lessee with any notice of default, shall simultaneously serve a copy of such notice on any Leasehold Mortgagee. The Leasehold Mortgagee shall then have the same period after service of the notice on it to remedy or cause to be remedied the default complained of and Lessor shall accept performance by or at the instigation of any Leasehold Mortgagee as if it has been done by Lessee. Any notice required to be given to any Leasehold Mortgagee shall be posed in the United States mail, postage prepaid, certified (and wired by telegraphic means) and addressed to the Leasehold Mortgagee at the address and to the attention of the person designated to Lessor by such Leasehold Mortgagee to receive copies of such notices and shall be deemed to have been served as of the date the said notice is postmarked by the United States Postal Service or its successor.

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(D) Curative Rights Of Leasehold Mortgagees. In addition to the rights granted to any Leasehold Mortgagee under subsection (C) of this Section Forty-Seven, a Leasehold Mortgagee shall have an additional period of thirty (30) days to remedy or cause to be remedied any default complained of, provided such Leasehold Mortgagee shall reimburse Lessor, at the time of so remedying the default, for all costs and expenses to Lessor of maintaining, protecting, insuring and operating the Property during the additional thirty (30) day period. (E) Limitation Upon Termination Rights Of Lessor. If Lessor shall elect to terminate this Amended 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 Amended Lease for a period of not more than three (3) months from the expiration of the thirty (30) day period specified in sub-section (D) of this Section Forty-Seven, provided that the Leasehold Mortgagee shall have cured or shall have caused to be cured any then existing money defaults and meanwhile shall pay the Rent and other charges required to be paid under this Amended Lease; and provided further, that the Leasehold Mortgagee of this Amended Lease shall forthwith take steps necessary to acquire or sell Lessee's interest and estate in this Amended Lease by foreclosure of its Leasehold 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 of this Amended Lease shall be actively engaged in steps to acquire or sell Lessee's interest in this Amended Lease, all money defaults having been cured, the time for Leasehold Mortgagee to comply with the provisions of this sub-section (E) of this Section Forty-Seven shall be extended for such period as shall be reasonably necessary to complete these steps with reasonable diligence and continuity. (F) Assignment. Lessor agrees that in the event 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

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Amended Lease may, without the consent of Lessor, be assigned to and vested in the purchaser at such foreclosure sale subject and subordinate, however, to the rights, title and interests of Lessor; and, notwithstanding that Lessor's consent to said assignment shall not have been obtained, any such assignee shall be vested with any and all rights of Lessee under this Amended Lease by virtue of said assignment as though Lessor had consented thereto. (G) Mortgagee Leases. Lessor agrees that in the event of a termination of this Amended Lease by reason of any default by Lessee, and subject to the rights herein granted to Leasehold Mortgagees, Lessor will enter into a lease (hereinafter referred to as the Mortgagee Lease) of the Property with the Leasehold Mortgagee for the remainder of the term effective as of the date of termination, at the same Rent and upon the same terms, provisions, covenants and agreements as contained in this Amended Lease and subject to no additional exceptions or encumbrances other than those set forth in Exhibit B hereof and to the rights, if any, of the parties then in possession (actual or constructive) of any part of the Property; provided, Lessor shall assign to the Leasehold Mortgagee without recourse, warranty or representation of any kind and on such form as is reasonably acceptable to Lessor, all of Lessor's interest in any Recognized Sublease made and executed pursuant to Section Thirty hereof, if any, and provided further: (1) The Leasehold Mortgagee shall make written request upon Lessor for the execution of such a Mortgagee Lease within thirty (30) days after the date of termination and the written request is accompanied by payment to Lessor of all sums then due to Lessor under this Amended Lease. (2) The Leasehold Mortgagee shall pay to Lessor at the time of the execution and delivery of the Mortgagee Lease any sums that at the time of its execution and delivery would be due pursuant to this Amended Lease but for the termination, and in addition, all reasonable

Page 1358

attorney's fees, which Lessor shall have incurred by reason of the default. (3) The Leasehold Mortgagee shall perform and observe all covenants contained in the Mortgagee Lease on Lessee's part to be performed during such period of time commencing with the date of the execution of the Mortgagee Lease and terminating upon the abandonment or surrender of possession of the Property under the said Mortgagee Lease and shall further remedy any other conditions that Lessee was obligated to perform under the terms of this Amended Lease. (4) The Lessor shall not warrant possession or quiet enjoyment of the Property to the Lessee (Leasehold Mortgagee) under the Mortgagee Lease. (5) The Mortgagee Lease shall be expressly made subject to the rights, if any, of the Lessee under this Amended Lease and to the rights, if any, of the Recognized Sublessees (and any other person or entity claiming by, through or under any Recognized Sublessee) under any Recognized Sublease pursuant to Section Thirty (B) hereof. (6) The Leasehold Mortgagee (the Lessee under the Mortgagee Lease) shall assume all of the obligations of Lessor under any Recognized Sublease. (7) The lessee (Leasehold Mortgagee) under the Mortgagee Lease shall have the same right, title and interest in and to the Property and the right to use of the buildings and improvements thereon as Lessee had under this Amended Lease. (H) Agreement Between Lessor And Leasehold Mortgagee. Lessor, upon request, and without any further action or authorization by the Georgia General Assembly being necessary, shall execute, acknowledge and deliver to each Leasehold Mortgagee an agreement, in form reasonably satisfactory to Leasehold Mortgagee and Lessor, by and between Lessor, Lessee and Leasehold Mortgagee

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(provided the same has been previously executed by Lessee and Leasehold Mortgagee) agreeing to all of the provisions of this Section Forty-Seven of this Amended Lease. Lessee agree to pay all costs and expenses incurred by Lessor in connection with the preparation and/or execution of said agreement. (I) Limitation On Number Of Leasehold Mortgages. The rights granted a Leasehold Mortgagee under this Section Forty-Seven shall not extend, as to any one portion of the Property, 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 Mortgage, to the exclusion of those Leasehold Mortgagees junior in priority; provided, however, if at the time a Leasehold Mortgagee registers with Lessor in accordance with this Section Forty-Seven, there exists a Leasehold Mortgage secured by or including the same portion of the Property which Leasehold Mortgagee has been previously registered with Lessor in accordance with this Section Forty-Seven, the Leasehold Mortgage or Mortgages first in time of registration with Lessor shall, unless otherwise agreed upon between the Leasehold Mortgagees, notice of such agreement being provided to Lessor, have priority with respect to such portion of the Property and the rights granted to a Leasehold Mortgagee under this Section Forty-Seven. (J) Limitation On Liability Of Leasehold Mortgagee. Lessor agrees that any Leasehold Mortgagee permitted under this Amended Lease shall in no manner or respect whatsoever be liable or responsible for any of Lessee's obligations or covenants under this Amended Lease, unless and until such Leasehold Mortgagee becomes the owner of said leasehold estate by foreclosure, sale in lieu of foreclosure or otherwise, in which event such Leasehold Mortgagee shall remain liable for such obligations and covenants only so long as it remains the owner of said leasehold estate. Section Forty-Eight: Default Lessee's Right To Cure Lessor's Rights Upon Failure By Lessee To Cure.

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In the event Lessee fails or refuses to observe, perform or comply with any of the provisions of this Amended Lease, Lessor may, by serving written notice on Lessee, and on any Recognized Sublessee, and on any Leasehold Mortgagee entitled to receive copies of notices in accordance with Section Forty-Seven of this Amended Lease, declare Lessee to be in default in Lessee's obligations under this Amended Lease. Except as otherwise provided in Section Fifty-One of this Amended Lease, in the event of Lessee's failure to completely and totally remedy or cure any such default within thirty (30) days after the date of the written notice from Lessor, or, if complete and total remedy or cure (except for a default with respect to the payment of monetary sums) cannot be effected despite a good faith effort to effect such remedy or cure within the said thirty (30) days, in the event of Lessee's failure to commence within the said thirty (30) days a good faith effort to completely and totally cure the default within six (6) months after commencement, Lessor may pursue one of the following options: (A) Termination Rights Of Lessor. Terminate this Amended Lease immediately upon written notice thereof to Lessee, and thereafter, without legal process, enter upon and take possession and control of the Property to the complete exclusion of Lessee. Lessor may also demand, collect and retain all rents due from tenants occupying the Property and Lessor may otherwise treat and occupy the Property as if this Amended 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 Lessor upon any subsequent default; or (B) Reletting Rights Of Lessor. As Lessee's legal representative, without terminating this Amended Lease, re-let the Property 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 Property. Upon each such reletting: (1) Lessee shall be immediately liable to pay to Lessor,

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in addition to any sums due hereunder, the cost and expenses of such reletting and of such alterations and repairs incurred by Lessor; and (2) rents received by Lessor from such reletting shall be applied: First, to the payment of any costs and expenses of such re-letting and of such alteration and repair; Second, to the payment of Rent due and unpaid under this Amended Lease; and Third, the residue, if any, shall be held by Lessor, in escrow, and (i) applied to the payment of the Rent as the same becomes due under this Amended Lease and, (ii) if any balance then remains, paid to Lessee at the termination of this Amended Lease. Lessor shall in no event be liable to Lessee for any interest on the said residue. Section Forty-Nine: Extinguishment Of Lessee's Rights Upon Termination. Upon the termination or expiration of this Amended Lease from any cause, all rights and interests of Lessee, and all persons whomsoever claiming by, through or under Lessee, except for Recognized Sublessees and except for the rights of Leasehold Mortgagees as provided for in Section Forty-Seven of this Amended Lease, shall immediately cease and determine and the Property, including all buildings, improvements, 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 Property, shall thenceforward constitute and belong to and be the absolute property of Lessor or Lessor's successor and assigns, without further act or conveyance, and without liability to make compensation to 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 Lessee at any time. Section Fifty: Prepaid Items Assigned. Upon the expiration of the term of this Amended Lease, or upon the prior termination of this Amended Lease from any cause,

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all expense items prepaid by Lessee with respect to constructing, operating, maintaining and protecting the Property, including, but not limited to, prepaid insurance premiums, any Tax and utility deposits, shall inure to the benefit of and become the property of Lessor and to this extent Lessee does hereby transfer, assign and convey any such prepaid expense items to Lessor. Section Fifty-One: BenkruptcyAppointment Of A ReceiverDebtor Relief ProceedingsGeneral Assignment For Benefit Of CreditorsLevy Upon Property. In addition to the happening of any event hereinabove set out which gives Lessor the right to declare a default of this Amended Lease, Lessor may, at its option, declare a default of this Amended Lease and immediately elect one of the options provided in Section Forty-Eight of this Amended Lease upon the happening of any or all of the following events: (A) Bankruptcy. If Lessee is adjudicated a bankrupt; or (B) Receivership. If a permanent receiver is appointed for Lessee's interest in the Property and such receiver is not removed within sixty (60) days after notice from Lessor to Lessee to obtain such removal; or (C) Debtor Relief. 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 and said proceedings are not dismissed within sixty (60) days after notice from Lessor to Lessee to obtain such dismissal; or (D) Assignment For Benefit Of Creditors. If Lessee makes a general assignment for benefit of creditors; or (E) Levy Upon Property. If the Property or Lessee's effects or interests therein should be levied upon or attached under process against Lessee, and the same is not satisfied or dissolved within sixty (60) days after notice

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from Lessor to Lessee to obtain satisfaction or dissolution thereof. Section Fifty-Two: Inspection Of Property By Lessor. Lessor, its authorized representatives, agents, employees and attorneys may, but shall be under no duty to, enter the Property at reasonable times and hours, subject to the rights of tenants in possession, if any, to inspect the Property in order to determine whether Lessee is complying with its undertakings, duties and obligations under this Amended Lease. Section Fifty-Three: Property Subject To Zoning. Lessee takes the Property subject to all zoning regulations and ordinances now or hereafter in force including, but not limited to, those as to building line and setback. Lessee, in its discretion and at its own cost and expense, may, in good faith, institute rezoning proceedings or contest and litigate the validity of any zoning ordinance, rule, regulation, resolution or statute of any governmental body affecting the Property or Lessee's use or occupancy thereof; provided, however, that Lessee, shall first give Lessor written notice thereof. The Commission shall execute on behalf of Lessor any and all documents reasonably requested by Lessee in connection with any such proceedings or litigation. Lessee shall indemnify Lessor from any and all liability which might arise by reason of any such proceedings or litigation. Section Fifty-Four: Total Or Partial Condemnation. If, during the term of this Amended Lease, the Property or any part thereof is condemned or taken by the United States or by any other legal entity having power of eminent domain over the Property then: (A) Lease Termination. (1) Total Condemnation. If all of the Property, or such portion thereof as renders the residue of the Property of no substantial commercial value, is so condemned, this Amended Lease shall, at the option of Lessee, terminate on the date title to the Property or the condemned portion

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thereof vests in the condemnor; Provided, however, that such termination shall not benefit the condemnor and shall be without prejudice to the rights of either Lessor or Lessee to recover just and adequate compensation from any such condemnor. (2) Partial Condemnation. In the event the residue of the Property is of substantial commercial value, then the Rent otherwise payable throughout the remainder of the term of this Amended Lease shall be reduced as follows: the percentage which the value of the residue of the Property (excluding all structures and improvements thereon) after condemnation bears to the value of the Property (excluding all structures and improvements thereon) immediately prior to such condemnation shall be determined by appraisal as hereinafter provided, and the percentage determined by said appraisal shall be multiplied by the amount of the Rent otherwise payable under the provisions of Section Two of this Amended Lease and the product thereof shall thereafter be payable as the Rent hereunder; and in such event, Lessee shall forthwith repair or rebuild the improvements remaining on such residue of the Property to the extent that it is economically feasible for Lessee to do so. If the percentage which the value of the residue of the Property (excluding all structures and improvements thereon) after condemnation bears to the value of the Property (excluding all structures and improvements thereon) immediately prior to such condemnation is determined (by appraisal as hereinafter provided) to be greater than or equal to twenty-five (25%) percent, the residue of the Property will, for purposes of this Section Fifty-Four, be considered to be of substantial commercial value. (B) Separate Awards. 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-Four of this Amended Lease shall be construed as superseding and being hereby substituted for any statutory provisions now in force or hereafter enacted

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concerning condemnation proceedings to the extent permitted by law. (C) Division Of Single AwardTotal Condemnation. 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 renders the residue of the Property of no substantial commercial value is so condemned, the award in such condemnation proceeding shall be divided between Lessor and Lessee so that (1) Lessee shall receive that portion of the award which is equal to the product obtained by multiplying the amount of the award by a fraction, the numerator of which shall be the sum of (i) the value of all buildings and improvements on the Property plus (ii) the value of Lessee's leasehold estate hereunder had the Property not been condemned plus (iii) the amount of any and all other loss or damage, if any, including, but not limited to, consequential damages for such condemnation, suffered by Lessee as a result of such condemnation, and the denominator of which shall be equal to the sum of (i) the value of all buildings and improvements on the Property plus (ii) the value of Lessee's leasehold estate hereunder had the Property not been condemned plus (iii) the value of Lessor's right to receive Rent hereunder plus (iv) the value of Lessor's reversionary interest in the Property plus (v) the value of Lessor's reversionary interest in the buildings and improvements on the Property upon the expiration of this Amended Lease on December 27, 2044, plus (vi) the amount of any and all other loss or damage, if any, including, but not limited to, consequential damages for such condemnation, suffered by Lessee as a result of such condemnation; and (2) Lessor shall receive the balance of the award. For the purposes of this subsection (C) of this Section Fifty-Four, the values set forth hereinabove shall be determined (by appraisal, as hereinafter provided) as of the date immediately preceding such condemnation. (D) Division Of Single AwardPartial Condemnation. If such court is prohibited by law from making separate awards to Lessor and Lessee or declines to do so, and if

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the residue of the Property after such condemnation is of substantial commercial value, then the award in such condemnation proceeding shall be divided between Lessor and Lessee so that (1) Lessee shall receive that portion of the award which is equal to the product obtained by multiplying the amount of the award by a fraction, the numerator of which shall be equal to the sum of (i) the difference between the value of all buildings and improvements on the Property immediately prior to such condemnation and the value of the residue of all buildings and improvements on the Property immediately after such condemnation plus (ii) the difference between the value of Lessee's leasehold estate hereunder had the Property not been condemned and the value of Lessee's leasehold estate hereunder following such condemnation plus (iii) the amount of any and all other loss or damage, if any, including, but not limited to, consequential damages for such condemnation, suffered by Lessee as a result of such condemnation, and the denominator of which shall be equal to the sum of (i) the numerator of this fraction plus (ii) the difference between (a) the sum of the value of Lessor's right to receive Rent hereunder plus the value of Lessor's reversionary interest in the Property plus the value of Lessor's reversionary interest in the buildings and improvements on the Property immediately prior to such condemnation and (b) the sum of the value of Lessor's right to receive Rent hereunder plus the value of Lessor's reversionary interest in the Property plus the value of Lessor's reversionary interest in the buildings and improvements after such condemnation; and (2) Lessor shall receive the balance of the award. For the purposes of this sub-section (D) of this Section Fifty-Four, the values set forth hereinabove shall be determined by appraisal as hereinafter provided. (E) Use Of Lessee's Award. That portion of the award of Lessee for any condemnation attributable to the value of the buildings and improvements on the Property and to the value of Lessee's leasehold estate hereunder shall be paid by Lessee to the Leasehold Mortgagee and applied to all or any part of the indebtedness secured by such Leasehold Mortgagee's Leasehold Mortgage unless applied

Page 1367

by the Leasehold Mortgagee to the repair or restoration of the improvements damaged by such condemnation, provided that any amount of such award not so applied shall be paid to Lessee. (F) Appraisals. For the purpose of determining the appropriate reduction in the Rent payable hereunder in the event of a partial condemnation of the Property as set forth in sub-section (A) of this Section Fifty-Four, and for the purpose of determining any value or amount which is to be determined by appraisal pursuant to sub-sections (C) and (D) of this Section Fifty-Four, Lessor and Lessee shall each appoint one appraiser to determine the applicable value(s) or amount(s), and each shall promptly notify the other of such appointment. If either party shall fail or refuse so to appoint an appraiser and give notice thereof within thirty (30) days after written request from the other party, the appraiser appointed by such other party shall within an additional thirty (30) days thereafter individually make any such appraisal. If the parties have each so appointed an appraiser, the two appraisers thus appointed shall make such determination within thirty (30) days after the date of the later notice of appointment. If such two appraisers are unable to agree on such determination within said thirty (30) days, they shall, within an additional thirty (30) days thereafter, jointly appoint a third appraiser; if they fail so to appoint such third appraiser within said thirty (30) days, the third appraiser shall be appointed jointly by Lessor and Lessee (or upon their inability to agree, by the presiding judge of the Superior Court of Fulton County, Georgia). The three appraisers so appointed shall then promptly make such determination by majority vote. Any determination made pursuant to this subsection (F) of this Section Fifty-Four shall be binding and conclusive upon Lessor and Lessee, without any right of appeal. All appraisers appointed hereunder shall be competent, qualified by training and experience, disinterested, independent, and members in good standing of the American Institute of Real Estate Appraisers, or its successor. All appraisal reports shall be rendered in writing and signed

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by the appraiser or appraisers making the report. Each party shall pay all fees and expenses charged or incurred by the appraiser appointed by such party; fees and expenses charged or incurred by the third appraiser and fees and expenses which cannot be reasonably attributed to any one appraiser shall borne equally by Lessor and Lessee. (G) Other Evidence. Except as provided in sub-section (F) of this Section Fifty-Four, and for the specific limited purpose set forth therein, nothing herein contained to the contrary shall be deemed to prohibit Lessor or Lessee from introducing into any such condemnation proceeding or proceedings such appraisals or other estimates of value, loss and damage as each of them may see fit. This section Fifty-Four of this Amended Lease shall not constitute an acknowledgement 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 legal entity. Section Fifty-Five: Lessee's Rights And Obligations With Respect To Certain Of The Terms And Conditions Contained In Exception (A) Entitled Air, Mineral And Other Rights Contained In The March 4, 1968, Western Atlantic Railroad Lease. With respect to that portion of the Property which consists of the air rights over the right-of-way of the Western Atlantic Railroad as the said right-of-way is located as of the date of execution of this Amended Lease by Lessor or as the said right-of-way may be relocated pursuant to, under and by virtue of the terms and conditions of that certain March 4, 1968, Lease of the Western Atlantic Railroad by and between Lessor and the Louisville and Nashville Railroad Company (hereinafter referred to as the March 4, 1968, Lease), Lessor and Lessee hereby covenant and agree as follows: (A) Simultaneous Submission To Lessor And To Louisville And Nashville Railroad Company. To the extent, if at

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all, that any submissions made by Lessee to Lessor pursuant to the requirements of Section Nineteen, Section Twenty-Two, Section Twenty-Four or Section Fifty-Five (B) of this Amended Lease require consideration to be given to such submissions by the Louisville and Nashville Railroad Company (LN) by reason of the provisions of Exception (A) entitled Air, Mineral and Other Rights of the March 4, 1968, Lease, Lessee agrees to make any such submission simultaneously both to Lessor and to LN and to diligently assert its best efforts to obtain the written acceptance or approval of any such submission by a properly authorized officer or official of LN before formally requesting any action to be taken, easement to be granted, agreement to be executed or approval to be given by Lessor. Lessor agrees to cooperate with Lessee in presenting to LN any reasonable requests that may be made by Lessee which require the acceptance or approval of LN. (B) Relocation Of Railroad Tracks. To the extent, if at all, that Lessee makes the determination that the development and utilization of the property described in Exhibit A hereof, or any portion thereof, necessitates the relocation of any portion of the Western Atlantic Railroad tracks, Lessee shall submit to Lessor, with the Structural Plans on which such determination is based, any request which would necessitate Lessor's consideration of requiring LN to implement the relocation of such tracks pursuant to the rights of Lessor as set forth in Exception (A) of the March 4, 1968, Lease, so long as: (1) Such relocation is necessary to permit the placement of any pillar providing support to a structure located in or upon the Property; and (2) There is no point at which said pillar can be placed consistent with sound engineering practices without necessitating the relocation of said track; and (3) Neither such relocated track nor the work of relocation will unreasonably interfere with the use of LN under the said March 4, 1968, Lease, or any sublessee

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of LN, of the properties leased under the said March 4, 1968, Lease, or unreasonably reduce the operating capacity or operating convenience of said properties, whether only in the immediate vicinity of said relocated track or elsewhere on the said properties; and (4) Such relocation, including acquisition of additional land, if necessary, and all other work and modifications of other tracks and structures necessitated by such relocation are performed without cost to Lessor or to LN or to any sublessee of LN and at such reasonable times and in accordance with such reasonable standards and specifications as may be established by LN under the said March 4, 1968, Lease. Section Fifty-Six: Estoppel Certificates. Lessor and Lessee will execute, acknowledge and deliver, to the other promptly upon request, a Certificate certifying as to the following: (A) Validity Of Lease. That this Amended Lease is unmodified and in full force and effect (or, if there have been modifications, that this Amended Lease is in full force and effect, as modified, and stating the modifications); (B) Payment Of Rent. The dates through which the Rent under this Amended Lease has been paid; (C) Amount Of Rent Due. The amount of the Rent then payable; (D) Security Deposits. The amount and status of the Security Deposit required pursuant to Section Five hereof; (E) Recognized Subleases. Those subleases, if any, which have been recognized [and the date (s) of said recognition] pursuant to Section Thirty hereof; and (F) Defaults By Lessee. That no notice has been given by Lessor to Lessee of any default under this Amended

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Lease which has not been cured and to the best of its knowledge and belief no default exists (or, if there has been any notice given or a default exists, describing the same). Certificates from Lessor and Lessee pertaining to the same matters may be relied upon by any prospective Leasehold Mortgagee or by any prospective assignee of an interest under this Amended Lease or by any prospective sublessee as to all or any portion of the Property. Section Fifty-Seven: Individual Leases. Without any further action or authorization by the Georgia General Assembly being necessary, Lessor shall at any time, and from time to time during the term of this Amended Lease, upon the written request of Lessee, amend this Amended Lease and enter into one or more individual leases (herein referred to in this Amended Lease as Individual Lease or Individual Leases as the context requires) covering any portion or portions of the Property in accordance with the following terms and conditions: (A) Content Of Individual Leases. Each Individual Lease shall conform to the following requirements and limitations: (1) Parties. It shall name Lessor as lessor and Lessee as lessee thereunder; (2) Property. It shall specifically describe as the premises demised thereunder such portion of the Property which shall be designated by Lessee, and shall in no event include any additional real property beyond the boundaries of the property described in Exhibit A hereof, except that it may include non-exclusive easements which are appurtenant in part or in whole to the premises demised thereunder and which non-exclusive easements have theretofore been granted pursuant to the provisions of Section Twenty-Four of this Amended Lease. The legal description contained in each such Individual Lease shall be prepared on the basis of and from a current, accurate, properly labeled and recordable plat of survey obtained

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at the expense of Lessee from and certified by a Georgia registered and licensed land surveyor or professional engineer, which shall show and have labeled across the face thereof (i) the portion of the Property which will be the premises demised under the Individual Lease, (ii) any portion of the Property that has theretofore been demised under Individual Leases, and (iii) all of the remainder of the Property. Such plat of survey shall also include thereon a certification and labeling by the said surveyor or engineer as to the total gross acreage (also expressed in square footage) contained within the boundaries of (i) the portion of the Property demised under the Individual Lease, (ii) the portion(s), if any, of the Property theretofore demised under an Individual Lease and (iii) all of the remainder of the Property. (3) Annual Rent. It shall provide for the payment of rental according to the provisions of Section Two of this Amended Lease, except that the amount of the annual Rent under such Individual Lease shall not exceed the annual Rent as provided for in Section Two thereof (as such amount is amended from time to time by reason of amendments to this Amended Lease). The Commission shall have the right to specify (subject to the limitations as imposed by sub-sections (A) (3) and (E) of this Section Fifty-Seven) the precise amount of rental payable under any such Individual Lease; (4) Lessee's Assumption Of Obligations Owed To Louisville And Nashville Railroad Company. In the event the Commission concludes the premises as described in any such Individual Lease could not include all or any portion of the property described in the aforesaid Exhibit A of this Amended Lease which lies above the right-of-way of the Western Atlantic Railroad or any portion thereof, such Individual Lease shall not contain a section which would be the counterpart of Section Fifty-Five of this Amended Lease; and (5) Warranty. It shall contain an express written warranty by Lessee in favor of Lessor, the branch of which shall constitute a default under Section Forty-Eight of

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this Amended Lease, that the Individual Lease conforms to each of the requirements and limitations imposed by the provisions of this Section Fifty-Seven; (6) Form of Individual Lease. Except as otherwise provided in this Section Fifty-Seven, if shall contain precisely the same provisions as are set forth in this Amended Lease; and (7) Deletion Of The Terms And Conditions Of This Section Fifty-Seven From Individual Leases. It shall not contain any term or condition of this Section Fifty-Seven or any equivalent to the terms and conditions contained in this Section Fifty-Seven. (B) Submission Of Individual Leases To The Commission. Each Individual Lease shall be submitted by Lessee to the Commission accompanied by: (1) Form Of Amendment. A proposed form of an amendment of this Amended Lease prepared in accordance with the provisions of sub-section (D) of this Section Fifty-Seven; and (2) Plat Of Survey. Sufficient copies, as determined by the Commission, of the plat of survey referred to in subsection (A) (2) of this Section Fifty-Seven. (C) Execution Of Individual Lease. Within sixty (60) days after the date of receipt of each such submission, the Commission shall specify (subject to the limitations as imposed by sub-section (A) (3) of this Section Fifty-Seven) the amount of rental to be paid in connection with such Individual Lease and shall execute for and on behalf of Lessor each such Individual Lease together with an amendment of this Amended Lease in accordance with the provisions of sub-section (D) of this Section Fifty-Seven. The Commission, in its discretion, shall have the right to refuse to execute any Individual Lease or amendment to this Amended Lease which fails in any particular to comply with the provisions of this Section Fifty-Seven.

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(D) Content of Amendments To This Amended Lease. At such time as the Commission shall specify (subject to the limitations imposed by sub-section (A) (3) of this Section Fifty-Seven) the amount of the rentals to be paid in connection with any such Individual Lease, and upon the execution of each such Individual Lease, this Amended Lease shall be amended as follows: (1) Property. Section One of this Amended Lease shall be amended to remove and discharge that portion of the Property demised under each such Individual Lease in all respects from the provisions set forth in this Amended Lease; (2) Rent. Section Two of this Amended Lease shall be amended to reduce the annual Rent by a sum equivalent to the amount of the rental as specified by the Commission in connection with any such Individual Lease; (3) Ratification. Any such amendment shall provide that except as specifically therein provided for, and except as theretofore amended by prior amendments, this Amended Lease shall continue in full force and effect as legally binding obligations of Lessor and Lessee. (E) Restriction Upon Cumulative Amount Of Rent. Any other provisions of this Amended Lease to the contrary notwithstanding, in no event shall the cumulative sum of (i) the annual Rent payable under this Amended Lease (as such amount is amended from time to time by reason of amendments to this Amended Lease) plus (ii) the sum of all annual Rent payable pursuant to all Individual Leases which have been executed pursuant to this Amended Lease, fail to be equal to the annual Rent as originally provided for in Section Two of this Amended Lease. Section Fifty-Eight: Addresses For Notices Requirement That All Notices, Demands And Requests Be In Writing. Until a different address is given to Lessee in writing, all notices required to be given to Lessor hereunder shall be mailed by United States certified or

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registered mail, return receipt requested, with a copy thereof wired by telegraph means, to the Executive Director of the State Properties Commission, Post Office Box 38121, Capitol Hill Station, Atlanta, Georgia 30334. All notices required to be given to Lessee hereunder shall, until a different address is given to Lessor in writing, be mailed by United States certified or registered mail, return receipt requested, with a copy thereof wired by telegraph means, to Lessee at the following address: Consolidated Atlanta Properties, Ltd. c/o Downtown Development Corp. 300 Interstate North Atlanta, Georgia 30039. Notwithstanding anything contained in this Amended Lease to the contrary, any notice required to be given by Lessor or Lessee hereunder shall be deemed to have been given and shall be effective as of the date of the postmark of the United States Postal Service reflected on said notice. All notices, demands or requests made by either party to the other which are required or permitted by the provisions of this Amended Lease shall be in writing. Section Fifty-Nine: Submission Of Matters To Lessor For Approval. Any matter which must be submitted to and consented to or approved in writing by Lessor or any matter which must be submitted to Lessor which may become effective if not denied by Lessor, as required under this Amended Lease, shall be submitted to Lessor by hand or mailed by United States certified or registered mail return receipt requested, to the Executive Director, State Properties Commission, Post Office Box 38121, Capitol Hill Station, Atlanta, Georgia 30334 (or any successor commission, agency, department or board having specific statutory authority to administer properties owned by the State Of Georgia) and shall either be approved or rejected by the Commission within sixty (60) days after receipt unless a shorter period of time is expressly stated elsewhere in this Amended Lease, provided, however, where any such matter involves consideration

Page 1376

by Lessor of requiring any relocation pursuant to Section Fifty-Five (B) hereof of either of the two main line tracks of the Western Atlantic Railroad, no time period expressed in this Amended Lease shall apply as to any such matter. If the Commission should fail so to approve or reject within such sixty (60) 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. The Commission shall inform Lessee in writing of its 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-Eight of this Amended Lease. Notwithstanding anything contained in this Section Fifty-Nine to the contrary, in the event that Lessee obtains the approval of the LN to any matter which must be submitted to the LN pursuant to Section Fifty-Five of this Amended Lease, such matter shall be either approved or rejected by the Commission within thirty (30) days after the receipt by the Commission of evidence of the approval of such matter by the LN. Section Sixty: Holding Over By Lessee. Lessee shall not use or remain in possession of the Property after the termination of this Amended Lease. Any holding over, or continued use and/or occupancy by Lessee after the termination of this Amended Lease, without the written consent of Lessor, shall not constitute a tenant-at-will interest in behalf of Lessee, but Lessee shall become a tenant-at-sufferance at the annual rate (payable monthly) of Rent in effect for the immediately preceding year of the term of this Amended Lease. There shall be no renewal whatsoever of this Amended Lease by operation of law. Section Sixty-One: No Waiver Of Rights By Lessor. No failure of Lessor to exercise any power given Lessor hereunder or to insist upon strict compliance by Lessee with its undertakings, duties and obligations hereunder, and no custom or practice of the parties hereto at variance with the provisions hereof shall constitute a waiver of Lessor's

Page 1377

right to demand exact compliance with the provisions contained in this Amended Lease. Section Sixty-Two: Rights Are Cumulative. All rights, powers and privileges conferred herein upon both parties hereto shall be cumulative. Section Sixty-Three: Provisions Are Binding Upon Assigns And Are Covenants Real. It is mutually covenanted, understood and agreed by and between the parties hereto, that each of the provisions of this Amended Lease shall apply to, extend to, be binding upon and inure to the benefit or detriment of not only successors and assigns of Lessor and Lessee hereto, and shall be deemed and treated as covenants real running with the Property during the term of this Amended 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-Four: Georgia Law Applies. This Amended Lease shall be governed, construed, performed and enforced in accordance with the laws of the State Of Georgia. Section Sixty-Five: All Genders And Numbers Included. Whenever the singular or plural number, or masculine, feminine, or neuter gender is used in this Amended Lease, it shall equally apply to, extend to, and include the other. Section Sixty-Six: Invalidity Of Provision Or Part Thereof. In the event any provision, or any portion of any provision, of this Amended Lease is held invalid, the other provisions of this Amended Lease and the remaining portion of said provision, shall not be affected thereby and shall continue in full force and effect. Section Sixty-Seven: State Properties Commission Acts For Lessor. In the performance of all terms, satisfaction of all conditions, fulfillment of all requirements and discharge

Page 1378

of all obligations and duties of Lessor under this Amended Lease, including discretionary determinations to be made pursuant hereto, including, but not limited to, the execution of easements pursuant to Sections Nineteen and Twenty-Four hereof, the execution of Individual Leases pursuant to Section Fifty-Seven hereof, the execution of Mortgagee Leases pursuant to Section Forty-Seven hereof, the execution of any Estoppel Certificates pursuant to Section Fifty-Six hereof, any modification of the Security Deposit pursuant to Sections Five, Six and Seven hereof, any approvals granted or consents required pursuant to Sections Twenty-Two and Thirty-One hereof, any action required in any proceedings contemplated under Sections Ten and Fifty-Three hereof, the approval or rejection and execution of any agreements with respect to any sublease submitted for recognition pursuant to Section Thirty hereof, appointment of an appraiser pursuant to Section Fifty-Four hereof, the execution of such agreements as are contemplated pursuant to Section Fifty-Five hereof, and any approvals pursuant to Section Fifty-Nine hereof, the Commission shall act for and on behalf of Lessor and without any further action or authorization by the Georgia General Assembly being necessary to authorize and empower the Commission to so act. However, Lessor reserves the right through appropriate action by the Georgia General Assembly (legislation) to appoint such other agent as it may designate to perform such terms, satisfy such conditions, fulfill such requirements and discharge such obligations and duties. Section Sixty-Eight: Time Is Of Essence. All time limits stated in this Amended Lease are of the essence of this Amended Lease. Section Sixty-Nine: Section Captions Are To Be Disregarded. The captions of the numbered Sections of this Amended Lease are for purposes of identification and convenience only and are to be completely disregarded in construing this Amended Lease. Section Seventy: Entire Agreement Contained Herein. The making, execution and delivery of this Amended

Page 1379

Lease by Lessee has not been induced by any representations, statements, covenants (including, but not limited to, covenants of quiet enjoyment) or warranties (including, but not limited to, representations, statements or warranties with respect to title to the Property or its condition or its suitability for Lessee's purposes) by Lessor. This Amended Lease constitutes the full, complete and entire agreement between and among the parties hereto; no agent, employee, officer, representative or attorney 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 of this Amended Lease. No amendment of this Amended Lease shall be binding unless such amendment shall be in writing, signed by both parties hereto and attached to, incorporated in and by reference made a part of this Amended Lease. In witness whereof, Jimmy Carter, as Governor of the State Of Georgia, and Ben W. Fortson, Jr., as Secretary of State of the State of Georgia, have this..... day of....., 197....., signed, sealed and delivered (and affixed the great seal of the State Of Georgia to) this Amended Lease for and on behalf of the State of Georgia, Lessor, in duplicate, and Consolidated Atlanta Properties, Ltd., Lessee, has signed, sealed and delivered this Amended Lease, also in duplicate. Signed, sealed and delivered in the presence of: (As to the signatures of Jimmy Carter, as Governor of the State Of Georgia, and Ben W. Fortson, Jr., as Secretary of State of the State of Georgia) Witness Notary Public My Commission Expires: (Affix Notary Public Seal here)

Page 1380

State of Georgia Jimmy Carter, as Governor of the State Of Georgia Ben W. Fortson, Jr., as Secretary of State of the State of Georgia (State of Georgia Seal) Consolidated Atlanta Properties, Ltd., a Fulton County, Georgia Limited Partnership Downtown Development Corp., General Partner /s/ John D. Arndt Vice President (Seal) /s/ John M. Barge Assistant Secretary (Seal) (Affix Corporate Seal here) Signed, sealed and delivered in the presence of: (As to the signatures of John D. Arndt and John M. Barge) /s/ Glenda F. McGaha Witness /s/ Sibyl Belk Langley Notary Public, Georgia, State at Large My Commission Expires Mar. 25, 1977. (Affix Notary Public Seal here) ACKNOWLEDGEMENT AND CONSENT The undersigned DOWNTOWN DEVELOPMENT CORP., FM AIR RIGHTS COMPANY and CITY CENTER, INC., said Downtown Development Corp., FM Air Rights Company and City Center, Inc. comprising a joint venture doing business under the name of ATLANTA AIR-RIGHTS CO., by the execution hereof, hereby consent

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to the amendments to the said 1960 Lease and the said 1970 Lease as set forth herein and further acknowledge that the obligations and liabilities of Atlanta Air-Rights Co. under the said 1960 Lease and the said 1970 Lease as herein amended shall be and remain in full force and effect. DOWNTOWN DEVELOPMENT CORP. (Seal) /s/ John D. Arndt Vice President (Seal) /s/ J. M. Barge Asst. Sec. (Seal) (Corporate Seal) Signed, Sealed and delivered in the presence of: /s/ Norman L. Underwood Witness /s/ Stephen F. McLaughlin Notary Public, Georgia, State at Large My Commission Expires Jan. 9, 1977. (Notary Public Seal) FM AIR RIGHTS COMPANY /s/ John M. Ryan V.Pres. (Seal) /s/ W. Burres Asst. Secretary (Seal) (Corporate Seal) Signed, Sealed and delivered in the presence of: /s/ Kathleen T. Saudarg Witness /s/ Jane Campo Notary Public My Commission Expires November 17, 1975. (Notary Public Seal)

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City Center, Inc. (Seal) /s/ Robert B. Troutman, Jr. President (Seal) /s/ Hal S. Dumas, Jr. Secretary (Seal) (Corporate Seal) Signed, sealed and delivered in the prsence of: /s/ Norman L. Underwood Witness /s/ Stephen F. McLaughlin Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1977. (Notary Public Seal) ACKNOWLEDGEMENT AND CONSENT The undersigned City Center, Inc., by its execution hereof, hereby consents to the amendments to the said 1960 Lease as set forth herein and further acknowledges that the obligations and liabilities of City Center, Inc. under the said 1960 Lease as herein amended shall be and remain in full force and effect. City Center, Inc. (Seal) /s/ Robert B. Troutman, Jr. President (Seal) /s/ Hal S. Dumas, Jr. Secretary (Seal) (Corporate Seal) Signed, sealed and delivered in the presence of: /s/ Norman L. Underwood Witness /s/ Stephen F. McLaughlin Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1977. (Notary Public Seal)

Page 1383

ACKNOWLEDGEMENT AND CONSENT The undersigned Downtown Development Corp., by its execution hereof, hereby consents to the amendments to the said 1960 Lease as set forth herein and further acknowledges and affirms that the obligations and liabilities of Downtown Development Corp. under the said 1960 Lease as herein amended shall be and remain in full force and effect. Downtown Development Corp. (Seal) /s/ John D. Arndt V. Pres. (Seal) /s/ J. M. Barge Asst. Sec. (Seal) (Corporate Seal) Signed, sealed and delivered in the presence of: /s/ Glenda F. McGaha Witness /s/ Sibyl Belk Langley Notary Public, Georgia, State at Large. My Commission Expires March 25, 1977. (Notary Public Seal) ACKNOWLEDGEMENT AND CONSENT The undersigned Allright Parking of Georgia, Inc., by its execution hereof, hereby acknowledges and consents to the severance of Tracts 4-A, 4-B and 6 from the said 1972 Allright Lease (said tracts being portions of the tracts designated in the said 1972 Allright Lease as Tracts 3 and 5) and to the incorporation thereof into the said 1960 Lease as herein amended upon the condition that Allright is relieved of any and all obligations and liability under the said 1972 Allright Lease with respect to said Tracts and upon the further condition that Allright shall have no liability whatsoever under the provisions of this

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Amended Lease or with respect to the Property demised under this Amended Lease. Allright Parking of Georgia, Inc. (Seal) /s/ Garland Follis President (Seal) /s/ D. C. Richie Asst. Sec. (Seal) (Corporate Seal) Signed, sealed and delivered in the presence of: /s/ Kathryn Brookshire Witness /s/ Stephen F. McLaughlin Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1977. (Notary Public Seal) ACKNOWLEDGEMENT AND CONSENT The undersigned Simon S. Selig, Jr., Charles R. Massell and B. F. Patillo, as Trustees..... under the Will of Ben J. Massell, deceased, by their execution hereof, hereby consent to the severance of Tract 3 from the said 1950 Lease (said tract being designated in the said 1950 Lease as Tract 5) and to the incorporation thereof into this Amended Lease upon the condition that they are relieved of any and all obligations and liability under the said 1950 Lease with respect to said Tract and upon the further condition that they shall have no liability whatsoever under the terms of this Amended Lease or with respect to the Property demised under this Amended Lease. Trustees under the will of Ben J. Massell, Deceased /s/ Simon S. Selig, Jr. Trustee (Seal)
Page 1385

Signed, sealed and delivered in the presence of: (as to Simon S. Selig, Jr.). /s/ William A. Rush Witness /s/ Janet McGuire Notary Public, Georgia, State at Large. My Commission Expires May 6, 1977. (Notary Public Seal) /s/ Charles R. Massell Trustee (Seal) Signed, sealed and delivered in the presence of: (as to Charles R. Massell) /s/ William A. Rush Witness /s/ Janet McGuire Notary Public, Georgia, State at Large. My Commission Expires May 6, 1977. (Notary Public Seal) /s/ B. F. Pattillo Trustee (Seal) Signed, sealed and delivered in the presence of: (as to B. F. Pattillo) /s/ William A. Rush Witness /s/ Janet McGuire Notary Public, Georgia, State at Large. My Commission Expires May 6, 1977. (Notary Public Seal)

Page 1386

Exhibit A LEGAL DESCRIPTIONS TRACT 2 All of the air space over and above a horizontal elevation plane of twenty-one feet three inches (21[prime] 3[Prime]) above the top of the most elevated rail (located on the property described below) which lies within the boundary of the following described property: ALL that tract or parcel of land lying and being in Land Lot 78 of the 14th District of Fulton County, Georgia, and being more particularly described as follows: TO FIND THE POINT OF BEGINNING, commence at the point at the intersection formed by the northeast line of the right-of-way of Alabama Street (being 72.1 feet in width at said point) and the northwest line of the right-of-way of Forsyth Street (being 58.8 feet in width at said point); run thence northeasterly along the northwest line of said right-of-way of Forsyth Street which forms an angle of 89 degrees 35 minutes 30 seconds with the northeast line of said right-of-way of Alabama Street a distance of 117.65 feet to a point; run thence north-easterly along the northwest line of said right-of-way of Forsyth Street which forms an angle of 176 degrees 24 minutes 30 seconds with the last preceding course a distance of 121.05 feet to THE POINT OF BEGINNING; FROM THE TRUE POINT OF BEGINNING AS THUS ESTABLISHED, running thence northeasterly along the northwest line of said right-of-way of Forsyth Street which forms an angle of 180 degrees 59 minutes with the last preceding course a distance of 42.25 feet to a point; running thence northeasterly along the northwest line of said right-of-way of Forsyth Street which forms an interior angle of 179 degrees 27 minutes with the last preceding course a distance of 73.3 feet to a point; running thence northwesterly along a line forming an interior angle of 99 degrees 39 minutes with the last preceding

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course a distance of 212.9 feet to a point; running thence southwesterly along a line forming an interior angle of 92 degrees 35 minutes with the last preceding course a distance of 150.0 feet to a point; running thence northwesterly along a line forming an interior angle of 256 degrees 54 minutes with the last preceding course a distance of 51.1 feet to a point; running thence southwesterly along a line forming an interior angle of 99 degrees 41 minutes with the last preceding course a distance of 66.3 feet to a point; running thence northwesterly along a line forming an interior angle of 242 degrees 12 minutes with the last preceding course a distance of 170.0 feet to a point on a line being coincident with the southeast edge of Spring Street Viaduct; running thence southwesterly along a line being coincident with the southeast edge of Spring Street Viaduct and which forms an interior angle of 94 degrees 57 minutes with the last preceding course a distance of 40.26 feet to a point; running thence southeasterly along a line forming an interior angle of 85 degrees 02 minutes with the last preceding course a distance of 479.85 feet to THE POINT OF BEGINNING; being the property designated as Tract 2 and shown as containing 1.21 acres and 52,743 square feet on that certain Blueprint of Survey, captioned SURVEY FOR CONSOLIDATED ATLANTA PROPERTIES, LTD., dated December 17, 1973, last revised January 17, 1974, prepared by A. W. Browning, Georgia Registered Land Surveyor #490, recorded in Plat Book 104, Page 67, of the Records of the Clerk of the Superior Court of Fulton County, Georgia, which Blueprint of Survey, a copy of which is attached hereto, is for all purposes by this reference incorporated in and made a part of this Amended Lease. Together with so much of the above described land as is necessary for supports and appurtenances for the structures to be constructed within said air space, including necessary supporting piers and foundations, sewer and drainage conduits, and similar necessary structures which must reach the ground level or below.

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TRACT 3 All of the air space over and above a horizontal elevation plane of twenty feet three inches (20[prime] 3[Prime]) above the top of the railroad tracks of Western Atlantic Railroad (as said rail was in existence as of December 21, 1954), which lies within the boundary of the following described property; ALL that tract or parcel of land lying and being in Land Lot 78 of the 14th District of Fulton County, Georgia, and being more particularly described as follows: TO FIND THE POINT OF BEGINNING, commence at the point at the intersection formed by the northeast line of the right-of-way of Alabama Street (being 72.1 feet in width at said point) and the northwest line of the right-of-way of Forsyth Street (being 58.8 feet in width at said point); run thence northeasterly along the northwest line of said right-of-way of Forsyth Street which forms an angle of 89 degrees 35 minutes 30 seconds with the northeast line of said right-of-way of Alabama Street a distance of 117.65 feet to a point; run thence northeasterly along the northwest line of said right-of-way of Forsyth Street which forms an angle of 176 degrees 24 minutes 30 seconds with the last preceding course a distance of 121.05 feet to a point; run thence northeasterly along the northwest line of said right-of-way of Forsyth Street which forms an angle of 180 degrees 59 minutes with the last preceding course a distance of 42.25 feet to a point; run thence northeasterly along the northwest line of said right-of-way of Forsyth Street which forms an angle of 179 degrees 27 minutes with the last preceding course a distance of 73.3 feet to a point; run thence northwesterly along a line forming an angle of 99 degrees 39 minutes with the last preceding course a distance of 212.9 feet to THE POINT OF BEGINNING; FROM THE TRUE POINT OF BEGINNING AS THUS ESTABLISHED, running thence southwesterly along a line forming an exterior angle of 92 degrees 35 minutes with the last preceding course a distance of 150.0 feet to a point;

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running thence northwesterly along a line forming an exterior angle of 256 degrees 54 minutes with the last preceding course a distance of 51.1 feet to a point; running thence southwesterly along a line forming an exterior angle of 99 degrees 41 minutes with the last preceding course a distance of 66.3 feet to a point; running thence northwesterly along a line forming an exterior angle of 242 degrees 12 minutes with the last preceding course a distance of 170.0 feet to a point on a line being coincident with the southeast edge of Spring Street Viaduct; running thence north 18 degrees 32 minutes 30 seconds east along a line being coincident with the southeast edge of Spring Street Viaduct forming an interior angle of 84 degrees 47 minutes with the last preceding course a distance of 334.5 feet to a point; running thence southeasterly along a line forming an interior angle of 66 degrees 35 minutes with the last preceding course a distance of 338.2 feet to THE POINT OF BEGINNING; being the property designated as Tract 3 and shown as containing 1.56 acres and 68,207 square feet on that certain Blueprint of Survey, captioned SURVEY FOR CONSOLIDATED ATLANTA PROPERTIES, LTD., dated December 17, 1973, last revised January 17, 1974, prepared by A. W. Browning, Georgia Registered Land Surveyor #490, recorded in Plat Book 104, Page 67, of the Records of the Clerk of the Superior Court of Fulton County, Georgia, which Blueprint of Survey, a copy of which is attached hereto, is for all purposes by this reference incorporated in and made a part of this Amended Lease. Together with so much of the above described land as is necessary for supports and appurtenances for the structures to be constructed within said air space, including necessary supporting piers and foundations, sewer and drainage conduits, and similar necessary structures which must reach the ground level or below. TRACT 4 Tract 4 consists of Parcel A and Parcel B as more particularly set forth hereinbelow.

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PARCEL A All of the air space over and above the elevation of the underside of Spring Street Viaduct as presently constructed which lies within the boundary of the following described property: ALL that tract or parcel of land lying and being in Land Lot 78 of the 14th District of Fulton County, Georgia, and being more particularly described as follows: TO FIND THE POINT OF BEGINNING, commence at the point at the intersection formed by the northeast line of the right-of-way of Alabama Street (being 72.1 feet in width at said point) and the northwest line of the right-of-way of Forsyth Street (being 58.8 feet in width at said point); run thence northeasterly along the northwest line of said right-of-way of Forsyth Street which forms an angle of 89 degrees 35 minutes 30 seconds with the northeast line of said right-of-way of Alabama Street a distance of 117.65 feet to a point; run thence northeasterly along the northwest line of said right-of-way of Forsyth Street which forms an angle of 176 degrees 24 minutes 30 seconds with the last preceding course a distance of 121.05 feet to a point; run thence northeasterly along the northwest line of said right-of-way of Forsyth Street which forms an angle of 180 degrees 59 minutes with the last preceding course a distance of 27.51 feet to a point; run thence northwesterly along an arc of a curve (having a chord bearing north 53 degrees 07 minutes 30 seconds west a distance of 74.22 feet) a distance of 74.23 feet to a point; run thence north 54 degrees 30 minutes 30 seconds west a distance of 66.08 feet to a point; run thence northwesterly along an arc of a curve (having a chord bearing north 51 degrees 09 minutes west a distance of 88.1 feet) a distance of 88.16 feet to a point; run thence north 47 degrees 47 minutes 30 seconds west a distance of 292.96 feet to a point on a line being coincident with the southeast edge of Spring Street Viaduct and THE POINT OF BEGINNING; FROM THE TRUE POINT OF BEGINNING AS THUS ESTABLISHED, running

Page 1391

thence north 47 degrees 47 minutes 30 seconds west a distance of 42.39 feet to a point; running thence northwesterly along an arc of a curve (having a chord bearing north 47 degrees 11 minutes west a distance of 21.89 feet) a distance of 21.9 feet to a point on a line being coincident with the northwest edge of Spring Street Viaduct; running thence south 18 degrees 45 minutes west along a line being coincident with the northwest edge of Spring Street Viaduct which line forms an interior angle of 65 degrees 56 minutes with the last preceding course a distance of 292.6 feet to a point; running thence south 76 degrees 41 minutes 30 seconds east along a line which forms an interior angle of 84 degrees 33 minutes 30 seconds with the last preceding course a distance of 60.30 feet to a point on a line being coincident with the southeast edge of Spring Street Viaduct; running thence northeasterly along a line being coincident with the southeast edge of Spring Street Viaduct which line forms an interior angle of 95 degrees 14 minutes with the last preceding course a distance of 40.26 feet to a point; running thence north 18 degrees 32 minutes 30 seconds east along a line being coincident with the southeast edge of Spring Street Viaduct which line forms an interior angle of 180 degrees 16 minutes with the last preceding course a distance of 220.8 feet to THE POINT OF BEGINNING, being the property designated as Tract 4 and shown as containing 0.38 acres and 16,425 square feet on that certain Blueprint of Survey, captioned SURVEY FOR CONSOLIDATED ATLANTA PROPERTIES, LTD., dated December 31, 1973, last revised January 17, 1974, prepared by A. W. Browning, Georgia Registered Land Surveyor #490, recorded in Plat Book 104, Page 67, of the Records of the Clerk of the Superior Court of Fulton County, Georgia, which Blueprint of Survey, a copy of which is attached hereto, is for all purposes by this reference incorporated in and made a part of this Amended

Page 1392

Lease; and subject to the rights of the City of Atlanta and the public with respect to the public right-of-way of Spring Street Viaduct from the present street surface level of Spring Street Viaduct to a parallel elevation not less than sixteen and one-half (16.5[prime]) feet above the present street surface level of said viaduct. Together with so much of the above described land as is necessary for supports and appurtenances for the structures to be constructed within said air space, including necessary supporting piers and foundations, sewer and drainage conduits, and similar necessary structures which must reach the ground level or below. PARCEL B All of the air space over and above a horizontal elevation plane of twelve feet (12[prime]) above the present ground level within the boundary of the property described in Parcel A above which is also located below the elevation of the underside of Spring Street Viaduct as presently constructed and which lies between Column Line Number 2 and Column Line Number 3 of said Viaduct, as shown on the plat of survey attached hereto, incorporated in and by reference made a part of this Amended Lease as Exhibit 1 to this Exhibit A and to which plat of survey reference is hereby made for all purposes [the distance between said Column Line Number 2 and Column Line Number 3 being approximately one hundred and four feet (104[prime]) as measured at ground level]; and being subject to the rights of the City of Atlanta and the public with respect to the public right-of-way of Spring Street Viaduct. Together with so much of the above described land as

Page 1393

is necessary for supports and appurtenances for the structures to be constructed within said air space, including necessary supporting piers and foundations, sewer and drainage conduits, and similar necessary structures which must reach the ground level or below. LESS AND EXCEPT FROM THE FOREGOING CONVEYANCE, however, all of the air space contained within two (2) twenty foot (20[prime]) wide air strips running southeasterly and northwesterly, which air strips are located over and above a horizontal elevation plane of twelve feet (12[prime]) over and above the present ground level within the boundary of the above described property and which air strips are further located below the elevation of the underside of Spring Street Viaduct as presently constructed between Column Line Number 2 and Column Line Number 3 of said Viaduct, as shown on the aforesaid Exhibit 1 attached hereto and for all purposes made a part hereof, the exact location of said two (2) twenty feet (20[prime]) wide air strips to be determined in accordance with the provisions of that certain Agreement dated as of even date herewith made and entered into by and between Lessee and Allright, and recorded in Deed Book....., Pages..... -....., of the Records of the Clerk of the Superior Court of Fulton County, Georgia. Compiler's Note The Plat on the following two pages has been photographically reduced and, therefore, the scale should be adjusted accordingly. Full size Plat may be seen on file at the State Capitol, Atlanta, Georgia.

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Page 1396

TRACT 5 All of the air space over and above a horizontal elevation plane of twenty three feet (23[prime]) above the top of any rail of the railroad or above the ground level, whichever is higher, as the same were in existence on January 12, 1960, which lies within the boundary of the following described property. ALL that tract or parcel of land lying and being in Land Lot 78 of the 14th District of Fulton County, Georgia, and being more particularly described as follows: TO FIND THE POINT OF BEGINNING, commence at the point at the intersection formed by the northeast line of the right-of-way of Alabama Street (being 72.1 feet in width at said point) and the northwest line of the right-of-way of Forsyth Street (being 58.8 feet in width at said point); run thence northeasterly along the northwest line of said right-of-way of Forsyth Street which forms an angle of 89 degrees 35 minutes 30 seconds with the northeast line of said right-of-way of Alabama Street a distance of 117.65 feet to a point; run thence northeasterly along the northwest line of said right-of-way of Forsyth Street which forms an angle of 176 degrees 24 minutes 30 seconds with the last preceding course a distance of 121.05 feet to a point; run thence northeasterly along the northwest line of said right-of-way of Forsyth Street which forms an angle of 180 degrees 59 minutes with the last preceding course a distance of 42.25 feet to a point; run thence northeasterly along the northwest line of said right-of-way of Forsyth Street which forms an angle of 179 degrees 27 minutes with the last preceding course a distance of 73.3 feet to a point; run thence northwesterly along a line forming an angle of 99 degrees 39 minutes with the last preceding course a distance of 212.9 feet to a point; run thence northwesterly along a line forming an angle of 180 degrees 00 minutes with the last preceding course a distance of 338.2 feet to a point on a line being coincident with the southeast edge of Spring Street Viaduct; run thence north 40 degrees 40 minutes 30 seconds west a distance of 67.9 feet to THE POINT OF BEGINNING; FROM THE

Page 1397

TRUE POINT OF BEGINNING AS THUS ESTABLISHED, running thence northwesterly along an arc of a curve (having a chord bearing north 30 degrees 55 minutes west a distance of 486.86 feet and a radius of 1230.465 feet) a distance of 490.1 feet to a point on a line being coincident with the southeast edge of Techwood Viaduct; running thence southwesterly along a line being coincident with the southeast edge of Techwood Viaduct and along an arc of a curve (having a chord bearing south 54 degrees 44 minutes 30 seconds west a distance of 91.59 feet) a distance of 91.6 feet to a point; running thence southwesterly along a line being coincident with the southeast edge of Techwood Viaduct and along an arc of a curve (having a chord bearing south 62 degrees 45 minutes 30 seconds west a distance of 319.23 feet and a radius of 1469.394 feet) a distance of 319.9 feet to a point; running thence south 06 degrees 54 minutes 30 seconds west along a line forming an interior angle of 124 degrees 09 minutes with the chord of the last preceding course a distance of 104.82 feet to a point; running thence south 12 degrees 15 minutes 30 seconds west along a line forming an interior angle of 185 degrees 21 minutes with the last preceding course a distance of 100.03 feet to a point; running thence south 18 degrees 25 minutes 30 seconds west along a line forming an interior angle of 186 degrees 09 minutes 30 seconds with the last preceding course a distance of 77.66 feet to a point; running thence south 18 degrees 58 minutes 30 seconds west along a line forming an interior angle of 180 degrees 33 minutes with the last preceding course a distance of 202.09 feet to a point; running thence south 76 degrees 23 minutes 30 seconds east along a line forming an interior angle of 95 degrees 22 minutes with the last preceding course a distance of 616.8 feet to a point on a line being coincident with the northwest edge of Spring Street Viaduct; running thence north 18 degrees 45 minutes east along a line being coincident with the northwest edge of Spring Street Viaduct and which forms an interior angle of 95 degrees 08 minutes 30 seconds with the last preceding course a distance of 415.0 feet to THE POINT OF BEGINNING; being the property designated

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as Tract 5 and shown as containing 8.38 acres and 365,825 square feet on that certain Blueprint of Survey, captioned SURVEY FOR CONSOLIDATED ATLANTA PROPERTIES, LTD., dated December 17, 1973, last revised January 17, 1974, prepared by A. W. Browning, Georgia Registered Land Surveyor #490, recorded in Plat Book 104, Page 67, of the Records of the Clerk of the Superior Court of Fulton County, Georgia, which Blueprint of Survey, a copy of which is attached hereto, is for all purposes by this reference incorporated in and made a part of this Amended Lease. Together with so much of the above described land as is necessary for supports and appurtenances for the structures to be constructed within said air space, including necessary supporting piers and foundations, sewer and drainage conduits, and similar necessary structures which must reach the ground level or below. TRACT 6 All of the air space over and above a horizontal elevation plane of twelve feet (12[prime]) above the present ground level which lies within the boundary of the following described property: ALL that tract or parcel of land lying and being in Land Lot 78 of the 14th District of Fulton County, Georgia, and being more particularly described as follows: TO FIND THE POINT OF BEGINNING, commence at the point at the intersection formed by the northeast line of the right-of-way of Alabama Street (being 72.1 feet in width at said point) and the northwest line of the right-of-way of Forsyth Street (being 58.8 feet in width at said point); run thence northeasterly along the northwest line of said right-of-way of Forsyth Street which forms an angle of 89 degrees 35 minutes 30 seconds with the northeast line of said right-of-way of Alabama Street a distance of 117.65 feet to a point; run thence northeasterly along the northwest line of said right-of-way of Forsyth Street which forms an angle of 176 degrees 24

Page 1399

minutes 30 seconds with the last preceding course a distance of 121.05 feet to a point; run thence northeasterly along the northwest line of said right-of-way of Forsyth Street which forms an angle of 180 degrees 59 minutes with the last preceding course a distance of 27.51 feet to a point; run thence northwesterly along an arc of a curve (having a chord bearing north 53 degrees 07 minutes 30 seconds west a distance of 74.22 feet) a distance of 74.23 feet to a point; run thence north 54 degrees 30 minutes 30 seconds west a distance of 66.08 feet to a point; run thence northwesterly along an arc of a curve (having a chord bearing north 51 degrees 09 minutes west a distance of 88.1 feet) a distance of 88.16 feet to a point; run thence north 47 degrees 47 minutes 30 seconds west a distance of 292.96 feet to a point on a line being coincident with the southeast edge of Spring Street Viaduct; run thence north 47 degrees 47 minutes 30 seconds west a distance of 42.39 feet to a point; run thence northwesterly along an arc of a curve (having a chord bearing north 47 degrees 11 minutes west a distance of 21.89 feet) a distance of 21.9 feet to a point on a line being coincident with the northwest edge of Spring Street Viaduct; run thence northwesterly along an arc of a curve (having a chord bearing north 30 degrees 43 minutes 30 seconds west a distance of 558.72 feet and a radius of 1023.189 feet) a distance of 565.9 feet to a point; run thence north 14 degrees 53 minutes west a distance of 0.5 feet to a point on a line being coincident with the southeast edge of Techwood Viaduct and THE POINT OF BEGINNING; FROM THE TRUE POINT OF BEGINNING AS THUS ESTABLISHED, running thence north 14 degrees 53 minutes west a distance of 79.2 feet to a point on a line being coincident with the northwest edge of Techwood Viaduct; running thence southwesterly along a line being coincident with the northwest edge of Techwood Viaduct and along an arc of a curve (having a chord

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bearing south 61 degrees 21 minutes 30 seconds west a distance of 292.87 feet) a distance of 293.4 feet to a point; running thence south 04 degrees 29 minutes 30 seconds west and along a line which forms an interior angle of 123 degrees 08 minutes with the chord of the last preceding course a distance of 82.50 feet to a point on a line being coincident with the southeast edge of Techwood Viaduct; running thence northeasterly along a line being coincident with the southeast edge of Techwood Viaduct and along an arc of a curve (having a chord bearing north 62 degrees 45 minutes 30 seconds east a distance of 319.23 feet and a radius of 1469.394 feet) a distance of 319.9 feet to THE POINT OF BEGINNING; being the property designated as Tract 6 and shown as containing 0.52 acres and 22,685 square feet on that certain Blueprint of Survey, captioned Survey for Consolidated Atlanta Properties, Ltd., dated December 17, 1973, last revised January 17, 1974, prepared by A. W. Browning, Georgia Registered Land Surveyor #490, recorded in Plat Book 104, Page 67, of the Records of the Clerk of the Superior Court of Fulton County, Georgia, which Blueprint of Survey, a copy of which is attached hereto, is for all purposes by this reference incorporated in and made a part of this Amended Lease and being subject to the rights of the City of Atlanta and the public with respect to the public right-of-way of Techwood Viaduct from the present street surface level of Techwood Viaduct to a parallel elevation not less than sixteen and one-half (16.5[prime]) feet above the present street surface level of said Viaduct. Together with so much of the above described land as is necessary for supports and appurtenances for the structures to be constructed within said air space, including necessary supporting piers and foundations, sewer and drainage conduits, and similar necessary structures which must reach the ground level or below.

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

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Page 1403

Page 1404

Exhibit B PERMITTED EXCEPTIONS AND ENCUMBRANCES The following matters shall be deemed to be permitted exceptions and encumbrances to and by Lessee. Reference hereinbelow to a particular Tract shall mean and refer to that particular Tract as designated and described in Exhibit A attached to, incorporated in and by reference made a part of this Amended Lease. 1. Rights of the State Of Georgia and of the Louisville And Nashville Railroad Company as set forth in that certain unrecorded Lease, including any extension or renewal thereof as provided therein, entered into by and between the State Of Georgia, acting through the State Properties Control Commission, as lessor, and the Louisville and Nashville Railroad Company, as lessee, dated March 4, 1968, which Lease was approved by Resolution Act No. 101 of the General Assembly of the State Of Georgia approved March 4, 1968 (Ga. L. 1968, pp. 54-112). (Affects Tracts 2, 3, 4-A, 4-B, 5 and 6). 2. Rights of the State Of Georgia and of Allright Parking of Georgia, Inc., as set forth in that certain unrecorded Lease entered into by and between the State Of Georgia, acting through the State Properties Control Commission, as lessor, and Allright Parking of Georgia, Inc., as lessee, dated March 1, 1972, which Lease was approved by Resolution Act No. 102 of the General Assembly of the State Of Georgia approved March 1, 1972 (Ga. L. 1972, pp. 58-132), except as said Lease is herein amended. (Affects Tracts 2, 3, 4-A, 4-B, 5 and 6). 3. Rights of the State Of Georgia, the City of Atlanta and of the public in and to the Forsyth Street Viaduct as presently constructed pursuant to the consent of the State of Georgia granted to the City of Atlanta by virtue of two Acts of the General Assembly of the State Of Georgia approved September 24, 1891, and August 19, 1919, respectively (Ga. L. 1891, Vol. 2, pp. 454, 455, and Ga. L. 1919, p. 821, 835). (Affects Tract 2).

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4. Rights of the State Of Georgia, the City of Atlanta and of the public in and to the Spring Street Viaduct as presently constructed pursuant to the consent of the State Of Georgia granted to the City of Atlanta by virtue of an Act of the General Assembly of the State Of Georgia approved August 15, 1921 (Ga. L. 1921, p. 1205). (Affects Tracts 2, 3, 4-A, 4-B and 5). 5. Rights of the State Of Georgia, the City of Atlanta and of the public in and to the Techwood Viaduct as presently constructed pursuant to an easement granted by the Western and Atlantic Railroad Commission, acting for the State Of Georgia, to the City of Atlanta, dated January 31, 1961, and recorded in Deed Book 3693, Page 125, of the Records of the Clerk of the Superior Court of Fulton County, Georgia, which easement was authorized by an Act of the General Assembly of the State Of Georgia approved March 23, 1960 (Ga. L. 1960, pp. 1164-1166). (Affects Tracts 5 and 6). 6. A Revocable License Agreement granted or to be granted by the State Properties Control Commission, or its successor, 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 and 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

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east a distance of 61 feet to a point; thence north 59 degrees 38 minutes east a distance of 21.5 feet to the centerpoint of a manhole, said manhole being a square 12 feet on each side, each side being 6 feet from the said centerpoint and having four interior angles of 90 degrees from said centerpoint, running thence north 59 degrees 38 minutes east, a distance of 221.25 feet to a point on the east boundary of said Tract #5, said point being 18.07 feet south of the northeast corner of said Tract. Georgia Power Company shall also have the temporary privilege of ingress thereto and egress therefrom over adjoining land of the State Of Georgia for the purpose of bringing in construction equipment for use on the above-described property. Georgia Power Company shall further, during the period of construction, have the privilege of occupying a strip of land of twelve (12) feet in width, being six (6) feet on either side of the centerline of the above-described 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. (Affects Tract 6). 7. Rights, if any, pursuant to any utility easements in favor of the City of Atlanta; Fulton County, Georgia; Georgia Power Company, Southern Bell Telephone Telegraph Company, Atlanta Gas Light Company, and others, which utility easements might be contended to have been derived from the use of the Property by the holder of such utility easements for a period of time sufficient for such utility easements to become effective. (Affects Tracts 2, 3, 4-A, 4-B, 5 and 6). 8. Rights, if any, of the City of Atlanta and of the public in and to Fairlie Street. (Affects Tracts 2 and 3). 9. Rights, if any, of the City of Atlanta and of the public in and to Wall Street as the same presently exists. (Affects Tracts 2, 3 and 5). 10. Rights, if any, of the City of Atlanta, in and to and by virtue of a certain easement for a 48-inch concrete

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pipe granted by Nashville, Chattanooga St. Louis Railway to City of Atlanta, dated September 17, 1936, recorded in Deed Book 1622, page 278, aforesaid records. Approved March 28, 1974. Compiler's Note: On March 28, 1974 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. REQUIREMENTS RELATIVE TO POLITICAL SUBDIVISION RETIREMENT SYSTEMS PROVIDED. No. 1362 (Senate Bill No. 520). An Act to provide requirements relative to local retirement, pension and emeritus systems; to provide for definitions; to provide for certain reports to the State Auditor; to provide for the designation of actuaries and for certain administrative costs; to provide for financial reports and actuarial investigations; 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. Definitions. As used in this Act, unless the context clearly requires otherwise, local retirement system means any retirement, pension or emeritus system covering an employee or employees of a county, municipality, local board of education or other political subdivision, or any groups or classifications of such employees which is funded at least in part by such political subdivisions. Section 2. Actuarial Investigations. (a) The board of trustees or other governing authority of each local retirement system is hereby authorized and directed to designate and retain the services of a qualified actuary to provide

Page 1408

technical advice and assistance to the board of trustees or governing authority in the management of the retirement system and in the preparation of surveys or reports required hereunder. (b) Any political subdivision maintaining a local retirement system for an employee or employees, or for classifications of employees, is hereby authorized to expend any public funds available to it to pay any portion of the administrative costs of such retirement system, in the event the funds available to such retirement system are not adequate to pay such administrative costs, notwithstanding any provisions to the contrary of any laws relative to such local retirement system. (c) From time to time, but at least once every five years, the board of trustees or other governing authority of each local retirement system have the system's actuary make an actuarial investigation. Such actuarial investigation shall include the results of any actuarial investigation into the then current assumptions as to rates of interest, mortality, disability, withdrawal and retirement. The actuarial investigation shall also include consideration of the experience of the retirement system under its assumptions and a comparison of results with the previous actuarial investigations and may also include such other studies as may be necessary or desirable for the completeness and accuracy of the actuarial investigation. The actuarial investigation shall also include a valuation of the contingent assets and liabilities of the retirement system and a determination of the payment necessary to amortize over a stated period any unfunded accrued liability disclosed. As an exhibit to the actuarial investigation, the local retirement system board of trustees or other governing authority thereof shall attach a copy of all the provisions of the plan for the local retirement system, including the requirements and conditions for qualifying to participate, the nature of benefits under the plan, and the manner in which the local retirement system is funded. As of July 1, 1975, and thereafter, the board of trustees or other governing authority of each such local retirement system shall have

Page 1409

on file with the State Auditor an actuarial investigation which shall not be over five years old. Section 3. Annual Report. (a) The board of trustees or other governing authority of each local retirement system is hereby authorized and directed to file an annual report with the State Auditor which shall consist of a statement of the fund's receipts and disbursements for the fiscal year. The statement shall show separately the amount of member contributions, employer contributions, other contributions, if any, investment income, gains from the sales of the system's assets, and other receipts, if any. The statement shall show separately the amount of all benefit payments to retirees, beneficiaries' refunds to members, losses from the sale of system assets, as well as the administrative expenses of the retirement system. (b) The annual report shall also include statistics showing the membership and beneficiaries of the local retirement system and shall have attached as an exhibit all amendments to or changes in the provisions of the plan for the local retirement system as previously filed with the most recent actuarial investigation. (c) The first annual report shall be filed on July 1, 1976, and subsequent annual reports shall be filed each year thereafter on July 1. (d) The annual reports, the actuarial investigation, and all exhibits thereto and modifications thereof shall be a matter of public record open to inspection by the public. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1974.

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CONVEYANCE OF LAND IN UNION COUNTY TO UNITED STATES, ETC., AUTHORIZED. No. 120 (House Resolution No. 658-1942). A Resolution. Authorizing the conveyance of certain State-owned real property located in Union County, Georgia, to the United States; authorizing the acceptance of certain property owned by the United States and located in Union County, Georgia; and for other purposes. Whereas, the State of Georgia is the owner of certain real property located in Union County, Georgia, now administered by the State Department of Natural Resources, and more particularly described as follows: All that tract or parcel of land lying and being in 149.6 acres, more or less, in part of Land Lot number 200 in the 8th District and 1st Section of Union County, Georgia, as shown on a Plat of survey made by Paul B. Schultz, C. S., Deputy County Surveyor, dated April 27, 1972, said plat reading as follows: BEGINNING at a U. S. Forest Service Class A corner, which marks the original land lot corner common to Lots 199, 200, 233, and 234; thence North 89 degrees 47 minutes West 2906 feet to a U. S. Forest Service Class A corner marking the original land lot corner common to Lots 200, 201, 232 and 233; thence North 1220 feet to a Blue Painted Rock; thence 11 courses and distances along and with the Blue Painted Line as follows: North 39 degrees 50 minutes East 102 feet; North 39 degrees 10 minutes East 126 feet; North 26 degrees 5 minutes East 119 feet; North 28 degrees 0 minutes East 166 feet; North 20 degrees 5 minutes East 170 feet; North 25 degrees 5 minutes East 152 feet; North 40 degrees 25 minutes East 154 feet; North 42 degrees 50 minutes East 188 feet; North 39 degrees 55 minutes East 215 feet; North 43 degrees 30 minutes East 206 feet; North 31 degrees 2 minutes East 196 feet to a stake at a 3 prong

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Hickory Tree; thence North 90 degrees East 806 feet to a centerline of a Creek; thence along and with the centerline of a Creek in a Southeast direction to the point where it intersects the centerline of a branch; thence along and with the centerline of said Branch South 60 degrees East 504 feet; thence East 135 feet to a point in the Southwest right-of-way line of State Highway #325; thence 2 courses and distances along and with said Southwest right-of-way line as follows: South 29 degrees 10 minutes East 147 feet; South 44 degrees 15 minutes East 480 feet; thence due South 1703 feet to the POINT OF BEGINNING. This is the same property as described in a certain Plat of Survey date April, 1972, made by Paul B. Schultz which is recorded in the Plat Records of Union County, Georgia, in Plat Book A, page 262, Office of the Clerk of Superior Court. Whereas, the above-described real property is no longer needed by the Department of Natural Resources or the State of Georgia, and is therefore surplus and Whereas, the United States is the owner of certain real property located in Union County and comprising approximately 73.13 acres, more or less, presently under the administration of the U. S. Department of Agriculture, Forest Service and more particularly described as follows: Tract C-2007 is a 64.24 acre tract of land located in Lots 5, 6, 31, and 32, District 16, Section 1, Union County, Georgia. Tract C-2007a is a 2.34 acre tract located in Lot 31, District 16, Section 1, Union County, Georgia. These two tracts are the same as shown on a plat approved by Charles R. Hunnicutt, Forest Engineer, dated 2/17/66. Tract C-2007b is a 5.78 acre tract located in Lot 30, District 16, Section 1, Union County, Georgia as shown on a plat approved by Charles R. Hunnicutt, Forest Engineer, dated 1/4/66. Also tract containing 0.8 acre located in Lot 30, District 16, Section 1, Union County, Georgia as shown on a plat approved by Charles R.

Page 1412

Hunnicutt, Forest Engineer, dated 1/4/66, said plats containing 73.13 acres more or less in Union County, Georgia, subject to the following reservations or exceptions: Subject to a Right-of-Way to Blue Ridge Electric Association for a powerline dated 11/17/68. Subject to a Special Use Permit to the Georgia Department of Natural Resources dated 3/26/56. Subject to a Special Use Permit to the State Highway Department of Georgia for a highway Right-of-Way 132 of State Route 180. Whereas, the State of Georgia is desirous of obtaining certain portions of the aforesaid property owned by the United States for park, recreation, and related purposes; and Whereas, the United States is desirous of obtaining all or a part of the aforesaid State-owned property for expansion of its National forest lands in the Chattahoochee National Forest; and Whereas, the Department of Natural Resources is currently negotiating with the United States with respect to acquiring the rights of the United States in said property administered by the U. S. Department of Agriculture, Forest Service, on an exchange equal to the fair market value of each; and Whereas, the exchange of all or part of said parcels by and between the State of Georgia and the United States would mutually benefit both parties. Now, therefore, be it resolved by the General Assembly of Georgia that the State Properties 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 and the terms under

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which all or part of the said tracts of land and/or interests therein will be conveyed by or to the State of Georgia. Be it further resolved that if there is a finding by the State Properties Commission that the transfer of lands or intersects therein as may be agreed upon by the Department of Natural Resources and the United States would be in the best interests and for the best benefit of the State then the State Properties Commission, by its chairman, the Governor, acting for and on behalf of and in the name of the State of Georgia, is hereby empowered and authorized to convey by appropriate instrument a fee interest in all or a part of the hereinabove described State-owned property to the United States and to accept in consideration therefor, from the United States, a conveyance in fee of all or a part of the hereinabove described property, owned by the United States subject to the following special stipulations: (1) that the conveyance of certain property owned by the United States to the State and the conveyance of certain State-owned property to the United States be approved by the Commission; and (2) that appraisals of the fair market value of each of the properties or interests in the properties under consideration be obtained prior to conveyance of the State's interest in said properties or the acceptance by the State of properties owned by the United States; and (3) that plats of survey of the tracts or parcels involved be prepared prior to the execution of a conveyance of the State's interest in said property to the United States or the acceptance by the State of properties owned by the United States; and (4) that costs of appraisals, surveys, title examinations and closings to effect the aforesaid real property exchange be equitably shared between the State of Georgia and the United States. Approved March 28, 1974.

Page 1414

CERTAIN RETIREMENT BILLS REQUIRED TO PROVIDE CERTAIN ACTUARIAL STUDY INFORMATION, ETC. No. 1363 (Senate Bill No. 521). An Act to amend an Act relating to the introduction of bills relative to retirement, pension and emeritus systems and requiring fiscal notes therefor, approved March 16, 1966 (Ga. L. 1966, p. 573), as amended by an Act approved April 23, 1969 (Ga. L. 1969, p. 570), so as to provide for actuarial studies under certain circumstances; to provide for the employment of certain personnel; to provide for all matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act relating to the introduction of bills relative to retirement, pension and emeritus systems and requiring fiscal notes therefor, approved March 16, 1966 (Ga. L. 1966, p. 573), as amended by an Act approved April 23, 1969 (Ga. L. 1969, p. 570), is hereby amended by designating the two paragraphs of section 2 as subsections (a) and (b) thereof, respectively, and by adding at the end of section 2 three new paragraphs to be designated subsections (c), (d) and (e) and to read as follows: (c) The fiscal notes required by subsection (a) of this section shall include a statement expressing an opinion advising whether or not there is sufficient information available to the person submitting such fiscal note to submit an accurate and complete fiscal note as required by subsection (a) of this section and whether or not an actuarial investigation is required to develop such information. In the event an opinion is submitted advising that an actuarial investigation will be required before an accurate and complete fiscal note may be prepared, then a majority of a quorum of the committee to which the bill is assigned may direct the State Auditor to complete, or to have completed, the necessary actuarial investigation and, in that event, the

Page 1415

State Auditor shall contract for such investigation within ten days of notification to him of such vote. (d) When an actuarial investigation is directed pursuant to subsection (c) of this section, and the bill affects a State supported retirement, pension or emeritus system or any such system created by general law, except general laws of local application by population classification, then the cost of such actuarial investigation shall be paid from funds appropriated or otherwise available to the legislative branch of the State Government, and the Legislative Fiscal Officer is hereby authorized to expend legislative funds for such purpose. When an actuarial investigation is directed pursuant to said subsection (c) of this section, and the bill affects a local retirement, pension or emeritus system or any such system created by local law or by general law of local application by population classification, then the committee to which the bill is assigned may direct the State Auditor to notify the Board of Trustees of such system or the local governing authority whose employees are covered by such system that it will take no further action on the bill until an actuarial investigation has been conducted and attached to the bill. (e) The committees to which bills subject to the provisions of this Act are referred are hereby authorized to employ personnel, either on a part-time or a full-time basis, who have training and experience in actuarial or financial matters, or both, to assist such committees in developing the information necessary to effectively evaluate the financial and actuarial implications of such bills. Any such personnel, at the discretion of such committees, may make the actuarial studies required by subsection (c) of this section in lieu of or in cooperation with the State Auditor, as determined by such committees. The compensation of any such personnel shall be as determined by resolution of the Senate or of the House of Representative, whichever is applicable. Section 2. This Act shall be effective for all bills affecting retirement, pension or emeritus systems introduced after January 1, 1975. Effective date.

Page 1416

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1974. PLANNING COMMISSIONSTRIAL OF VIOLATIONS IN CERTAIN MUNICIPAL COURTS PROVIDED, ETC. (300,000 OR MORE). No. 1364 (Senate Bill No. 528). An Act to amend an Act entitled An Act to authorize the governing authorities of the several municipalities and counties of this State to establish separate or joint planning commissions; to provide for the preparation and amendment of overall plans for the orderly growth and development of said municipalities and counties; to provide for the regulation of the subdivision of land; to provide for the regulation of structures in mapped streets, public building sites, and public open spaces; to repeal conflicting laws; and for other purposes, approved March 13, 1957 (Ga. L. 1957, pp. 420, et seq.), as amended, so to provide for trial of violations of ordinances adopted thereunder in the municipal courts of certain municipalities; to provide for the issuance of special use permits by the governing authority of such municipalities under certain circumstances and to authorize conditions to be set forth in such permits; to set an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 12 of an Act approved March 13, 1957 (Ga. L. 1957, pp. 420, et seq.), as amended, which grants counties and municipalities authority to plan and zone, is hereby amended to add the following thereto: A violation of any municipal ordinance adopted by the governing authority of any municipality having a population of more than 300,000 according to the United States

Page 1417

Decennial Census of 1970, or any future such census, pursuant to the authority conferred by this Act, as now or hereafter amended, shall also constitute a municipal offense which may be tried in the municipal court and punished as provided in the charter or ordinances of any such municipality, each and every day any such violation occurs being hereby declared a separate offense. Any person so charged in the municipal court of any such municipality may, upon a plea of not guilty, elect to be tried for a misdemeanor and shall be bound over forthwith to an appropriate State Court for trial as by law provided. Section 2. Section 10 of such Act (Ga. L. 1957, pp. 420, et seq.), as amended, is hereby amended to add the following thereto: The governing authority of any municipality having a population of more than 300,000 according to the United States Decennial Census of 1970, or any future such census, is hereby granted the power to authorize, by ordinance, such uses as it may prescribe in any established district or districts which would be otherwise prohibited by the zoning ordinance of such municipality. Such authorization: (a) shall be designated a special use permit; (b) may be granted subject to such reasonable conditions, including without necessarily being limited to an expiration date, as may be therein prescribed; (c) shall not be granted unless the proposed use is generally in keeping with the comprehensive plan and serves the public convenience and welfare; (d) does not change the zoning district and regulations then applicable to such land but shall be adopted in full compliance with all the requirements of this Act with respect to amendments to the zoning ordinance; and (e) may be reviewed in the superior court of the county where the land lies by petition of any person having a substantial interest in such action who is thereby aggrieved.

Page 1418

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, 1974. GEORGIA PROPRIETARY SCHOOL ACT AMENDEDEXEMPTIONS CHANGED, ETC. No. 1366 (Senate Bill No. 558). An Act to amend an Act known as the Georgia Proprietary School Act, approved March 9, 1972 (Ga. L. 1972, p. 156), as amended by an Act approved April 13, 1973 (Ga. L. 1973, p. 613), so as to change the provisions relative to a certain exemption; to delete certain provisions relative to the registration of representatives and the issuance of permits in connection therewith; to provide for all matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Georgia Proprietary School Act, approved March 9, 1972 (Ga. L. 1972, p. 156), as amended by an Act approved April 13, 1973 (Ga. L. 1973, p. 613), is hereby amended by striking the word, a where it appears between the word, holds and the word, current in subsection (1) of section 4 and inserting in lieu thereof the words, an applicable so that when so amended, subsection (1) of section 4 shall read as follows: (1) Any flight school which holds an applicable current Federal Air Agency Certificate issued by the Federal Aviation Agency.

Page 1419

Section 2. Said Act is further amended by striking paragraph (12) of subsection (b) of section 9 in its entirety and substituting in lieu thereof a new paragraph (12) to read as follows: (12) The school's administrators, directors, owners, instructors and representatives are of good reputation and character. Section 3. Said Act is further amended by striking from subsection (c) of section 11 the figure 15 and inserting in lieu thereof the figure 14 so that when so amended, subsection (c) of section 11 shall read as follows: (c) A school which is in operation when the application for a Certificate of Approval is filed must suspend operations upon receipt of denial of Certificate of Approval, except as provided in subsection (b) of this section, for any periods in which an appeal from the determination of the Administrator is pending pursuant to section 14 of this Act. Section 4. Said Act is further amended by striking section 13 in its entirety and by redesignating sections 14 through 24 as sections 13 through 23, respectively. Section 5. Said Act is further amended by striking section 13, as redesignated, in its entirety and substituting in lieu thereof a new section 13 to read as follows: Section 13. Bond Requirements. (a) Before a Certificate of Approval is issued under this Act, a blanket bond in the penal sum of $10,000.00 shall be provided by the school for the period during which the Certificate of Approval is issued and the obligation of the bond shall be that neither this Act nor any rule or regulation adopted thereto shall be violated by the school or any of its officers, agents or employees. The bond shall be a corporate surety bond issued by a company authorized to do business in the State conditioned that the parties thereto shall pay all damages or expenses which the State, or any governmental subdivision thereof, or any person may sustain resulting from

Page 1420

any such violation. The bond shall be to the State for the use and benefit of any person or governmental subdivision of the State which may suffer expense or damage by breach thereof. The bond shall be filed with the Administrator. The aggregate liability of the surety shall not exceed the sum of $10,000.00 on all breaches of the conditions of the bond by the school and its officers, agents or employees. The surety on the bond may cancel such bonds upon giving 30 days' notice in writing to the State Board of Education and thereafter shall be relieved of any liability for any breach of condition occurring after the effective date of such cancellation. (b) In lieu of the corporate surety bond required in subsection (a) of this section, the school may, in the alternative, provide any other similar certificate or evidence of indebtedness as may be acceptable to the Administrator, provided that the certificate or evidence of indebtedness meets all the requirements applicable to the corporate surety bond. (c) The fact that a bond or certificate of indebtedness is in force shall not limit or impair any right of recovery otherwise available pursuant to law, nor shall the amount of such bond be relevant in determining the amount of damages or other relief to which any plaintiff may be entitled. (d) The Administrator, for good cause shown, as recommended and approved by the Commission, may waive and suspend the requirements set forth in subsections (a) and (b) of this section with respect to schools operating wholly or in part under a Federal grant where no tuition fee is charged to the student. Section 6. Said Act is further amended by striking section 14, as redesignated, in its entirety and substituting in lieu thereof a new section 14 to read as follows: Section 14. Appeals. Any person aggrieved by a decision of the State Board of Education respecting denial of a certificate of approval pursuant to section 11 or 12

Page 1421

of this Act, shall have the right to appeal such decision in accordance with and pursuant to the following provisions: (a) If, upon written notification of proposed action by the State Board of Education, the school desires to contest the action, the party subject to the dispute shall notify the State Board of Education in writing within fifteen days after the date of receipt of the official notice of the State Board of Education of the desire to be heard, and the school shall be given a hearing before the State Board of Education. (b) Within twenty-one days after the request for hearing made by the school, the State Board of Education shall fix a time and place of hearing which shall be held before the proposed action becomes effective. (c) At such hearing, the school may employ counsel, if desired, and shall have the right to hear the evidence upon which the charges are made, to cross-examine all adverse witnesses, and to present evidence in opposition thereto, or in extenuation. (d) If a school, upon notification of the proposed action, fails to request a hearing within fifteen days thereafter or after a hearing as hereinabove provided, the State Board's determination shall be entered as an order and shall stand as final and definitive. (e) If the State Board denies or revokes a Certificate, the school shall have the right to appeal such action to the State courts. Section 7. Said Act is further amended by striking paragraphs (2) and (3) of subsection (a) of section 15, as redesignated, in their entirety and substituting in lieu thereof one paragraph (2) to read as follows: (2) Solicit prospective students without first being bonded as required by section 13 of this Act. and by redesignating paragraphs (4), (5) and (6) of subsection

Page 1422

(a) of said section 15 as paragraphs (3), (4) and (5) thereof. Section 8. Said Act is further amended by striking from the caption of section 18, as redesignated, the words and Registration and by striking said words and Registration from the first paragraph of said section 18 and by striking subsections (c) and (d) of said section 18 in their entirety so that when so amended section 18 shall read as follows: Section 18. Certificate Fees. Certificate fees shall be collected by the Administrator, who shall remit the same to the State Treasurer, in accordance with the following schedule: (a) The initial fee for a school shall be $100.00. (b) The annual renewal fee for a school shall be $50.00. Section 9. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 10. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1974. GEORGIA CODE OF PUBLIC TRANSPORTATION ACT AMENDED. Code Title 95A Amended. No. 1368 (Senate Bill No. 605). An Act to amend the Georgia Code of Public Transportation, Title 95A, approved April 18, 1973 (Ga. L. 1973, p. 947), as amended, so as to make certain technical clarifications therein; to make certain grammatical and spelling corrections; to correct typographical errors; to delete the definition of Director of the Fiscal Division of the Department of Administrative Services; to authorize the

Page 1423

Department 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 State agencies for certain mass transportation purposes; to provide for procedures and conditions connected therewith; to provide for rules and regulations; to provide for cooperation with other agencies; to delete the provision that the Department must cooperate, counsel, and advise with the Aeronautics Advisory Board; to authorize the Department to provide financial support to municipalities, counties, authorities, and State agencies for clearing, dredging, or maintaining free from obstructions 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 for compensation and allowances for the Board; to provide for rights of property owners or his transferee when the Department, county, or municipality is disposing of property; to provide for reimbursement to counties and municipalities for rights-of-way where construction is not begun within ten years; to provide for limitations on outdoor advertising devices; to provide for restrictions on outdoor advertising in commercial or industrial areas; to provide authority for the Department to issue rules and regulations governing the issuance and revocation of permits for the erection and maintenance of outdoor advertising; to provide for procedures in applying for such permits; to provide authority for the Department to acquire and pay for certain advertising devices; to provide for appeals and judicial review of payments for liquidated damages to roads; to provide a specific repealer; to provide an effective date; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Georgia Code of Public Transportation, Title 95A, approved April 18, 1973 (Ga. L. 1973, p. 947),

Page 1424

as amended, is hereby amended by inserting the word designing, in the definition of construction in section 95A-104 after the word surveying, and before the word supervising. Code 95A-104 amended. Section 2. Said Code is further amended by striking from section 95A-104 the following definition: Director of the Fiscal Division of the Department of Administrative Services: 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. Code 95A-104 amended. Section 3. Said Code is further amended by adding after the title of section 95A-205 in the Table of Contents of Chapter 95A-2 a new title for section 95A-206 to read as follows: Section 95A-206. Department financial assistance for mass transportation facilities. Code 95A-206 amended. Section 4. Said Code is further amended by adding a new section immediately following section 95A-205 to be designated section 95A-206 and to read as follows: Section 95A-206. Department financial assistance for mass transportation facilities. Code 95A-206 enacted. (a) Definitions. The following terms, whenever used or referred to in this section shall have the following meanings, except in those instances where the context clearly indicates a different meaning: (1) `Mass transportation' shall include transportation which is appropriate, in the judgment of the Department, to transport people or commodities, by bus, rail, air, or other conveyance serving the general public.

Page 1425

(2) `Project grant' shall mean and include the State's share of cost of carrying out a particular project. (b) Purposes of financial assistance by Department. Subject to general appropriations for such purposes, and any provision of Chapter 7 of this Act to the contrary notwithstanding, the Department is hereby authorized within the limitations hereinafter provided, to provide to municipalities, counties, area planning and development commissions, authorities, and State agencies: (i) Financial support for research, by contract, or otherwise, concerning mass transportation. (ii) Project grants to supplement Federal, local, or Federal and local funds for use: (A) for the purpose of studies, analysis, planning and development of programs for mass transportation service and facilities; (B) to provide for research, development and demonstration projects in all phases of mass transportation; (C) to provide for programs designed solely to advertise, promote, and stimulate the development and use of mass transportation facilities; and (D) to provide for the purchase of facilities and equipment, including rolling stock, used or to be used for the purpose of mass transportation. (c) Procedures for application for financial assistance; condition; review of application. (i) 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 Section. 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

Page 1426

the use to be made of grant funds and the amount of funds required. (ii) 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. (iii) The use of funds shall be for the purpose set forth in this Section, 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 any other Federal law concerning mass transportation. (iv) The Department shall review the proposal and, if satisfied that the proposal is in accordance with the purposes of this Section 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. (v) The time of payment of the grant and any conditions concerning such payment shall be set forth in the grant agreement. (d) Rules and regulations. In order to effectuate and enforce the provisions of this Section, 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. (e) Intergovernmental cooperation. 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. (f) Prohibition against use of motor fuel tax funds. No

Page 1427

portion of the funds from motor fuel taxes shall be used for carrying out the intent of this Section. Section 5. Said Code is further amended by striking the word Director from the title of section 95A-309 in the Table of Contents of Chapter 95A-3 and substituting in lieu thereof the word Commissioner. Code 95A-309 amended. Section 6. Said Code is further amended by striking the word Constructions from subsection (a) of section 95A-302 after the word all and before the word maintenance, and substituting in lieu thereof the word construction,. Code 95A-302 amended. Section 7. Said Code is further amended by inserting the word and in subsection (f) of section 95A-302 after the word transportation, and before the word activities. Code 95A-302 amended. Section 8. Said Code is further amended by striking paragraph (q) (1) of section 95A-302 in its entirety and substituting in lieu thereof a new paragraph (q) (1) to read as follows: (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 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, construction, maintenance, and protection of a system of air routes, airports, and landing fields in the State, and of other aviation facilities in the State. Code 95A-302 amended. Section 9. Said Code is further amended by adding in

Page 1428

section 95A-302 a new subsection immediately following subsection (q) to be designated (r) and to read as follows: (r) Clearing of harbors. (1) Subject to general appropriations, and any provision of Chapter 7 of this Title to the contrary notwithstanding, the Department is hereby authorized within the limitations hereinafter provided, to provide to municipalities, counties, authorities, and State agencies financial support, by contract, for clearing, dredging, or maintaining free from obstructions, the ports, seaports, or harbors of this State. Code 95A-302 amended. (2) (i) Municipalities, counties, authorities, or State agencies may, by formal resolution, apply to the Department for financial assistance provided by this subsection. (ii) The Department shall review the proposal; and, if satisfied that the proposal is in accordance with the purposes of this subsection, may enter into a contract for expenditure of funds. (iii) The time of payment and any conditions concerning such funds shall be set forth in the contract. (3) In addition to the provisions of subparagraph (1) of this subsection, and subject to general appropriations for such purposes, the Department, with its own forces by contract, may clear, dredge, or maintain free from obstruction, the ports, seaports, or harbors of this State. Section 10. Said Code is further amended by striking subsection (b) of section 95A-304 in its entirety and substituting in lieu thereof a new subsection (b) to read as follows: (b) 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. Service upon the Department

Page 1429

shall be sufficient by serving a second original process 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. Code 95A-304 amended. Section 11. Said Code is further amended by striking subsection (f) of section 95A-306 in its entirety and substituting in lieu thereof a new subsection (f) to read as follows: (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 thirty-six dollars ($36) 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 needs of the various counties within their respective districts, except that no member shall receive compensation for road study when the number of study days exceeds four times the number of counties within his district. In addition, they shall receive actual transportation costs while traveling by public carrier, or the legal mileage rate for the use of a personal automobile in connection with such attendance and road study. Such per diem and expense shall be paid from funds appropriated to the Department upon presentation of vouchers by members of the Board, approved by the Chairman and signed by the Secretary. Code 95A-306 amended. Section 12. Said Code is further amended by striking paragraph (b) (2) of section 95A-309 in its entirety and substituting in lieu thereof a new paragraph (b) (2) to read as follows: (2) The power granted to the Commissioner 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. Code 95A-309 amended.

Page 1430

Section 13. Said Code is amended by striking the hyphen and the bracket (-[) in paragraph (c) (1) of section 95A-402 after the words final judgment and before the word therein, and said paragraph is further amended by striking the bracket and period (].) after the words dismissal of the condemnation action. Code 94A-402 amended. Section 14. Said Code is further amended by inserting the word street in the title of section 95A-502 after the word municipal and before the word system. Code 95A-502 amended. Section 15. Said Code is further amended by striking the word air, in the first paragraph of subsection (a) of section 95A-605 and inserting in lieu thereof the words air rights,. Code 95A-605 amended. Section 16. Said Code is further amended by striking the word Director in the fourth paragraph of subsection (a) of section 95A-619 and substituting in lieu thereof the word Commissioner. Code 95A-619 amended. Section 16A. Said Code is further amended by striking subsection (a) of section 95A-621 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) Right of owner of property at time of acquisition or his transferee. 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, if the tract from which the department, a county, or a municipality acquired its property has been subsequently sold, the owner of abutting land holding title through the owner from whom the department, a county, or a municipality acquired its property. The notice shall be in writing delivered to the appropriate owner or by publication if his address is unknown and he shall have the right to acquire, as provided herein, the property with respect to which the notice is given. Publication, if necessary, shall be in a newspaper of general circulation in the county where the property is located. Code 95A-621 amended.

Page 1431

When an entire parcel acquired by the department, a county, or a municipality, or any interest therein is being disposed of, it may be acquired under the right created in the preceding paragraph 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 acquired for the market value thereof at the time the department, county, or municipality decides the property is no longer needed. If the right of acquisition 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). Section 17. Said Code is further amended by striking in the Table of Contents of Chapter 95A-7 the title of section 95A-708 and substituting in lieu thereof a new title for said section to read as follows: Section 95A-708. Reimbursement to counties and municipalities for rights-of-way where construction is not begun within 10 years. Code 95A-708 amended. Section 18. Said Code is further amended by striking the word seven in the title and the body of section 95A-708 and substituting in lieu thereof the word ten. Code 95A-708 amended. Section 19. Said Code is further amended by striking the words (Ga. Code Ann. section 2-6202(e) in subsection (a) of section 95A-802 and substituting in lieu thereof the words (Ga. Code Ann. section 2-6202(e)). Code 95A-802 amended. Section 20. Said Code is further amended by striking the word Charger from the title of section 95A-808 and substituting in lieu thereof the word Charge. Code 95A-808 amended. Section 21. Said Code is further amended by striking from the Table of Contents of Article VIII of Chapter 9 the titles of sections 95A-953 through 95A-963 in their entirety and substituting in lieu thereof the following:

Page 1432

Section 95A-953. General limitations. Section 95A-954. Exemption for farming, agricultural, and forest management equipment. Code 95A-953-95-A-963 amended. Section 95A-955. Securing loads on vehicles. Section 95A-956. Height of vehicles and loads. Section 95A-957. Width of vehicles and loads. Section 95A-958. Length of vehicles and loads. Section 95A-959. Weight of vehicle and load. Section 95A-960. Enforcement of load limitations. Section 95A-961. Permits for excess weight and dimensions. Section 95A-962. Police powers of the Department of Transportation. Section 95A-963. General authority of law enforcement officers; penalty for failure to stop for examination. Section 22. Said Code is further amended by inserting a comma (,) in subsection (h) of section 95A-914 after the word only and before the word when. Code 95A-914 amended. Section 23. Said Code is further amended by inserting the words or on which an industrial or commercial activity in subsection (i) of section 95A-914 after the phrase or commercial activity and before the phrase is actually conducted,. Code 95A-914 amended. Section 24. Said Code is further amended by striking the period (.) at the end of subsection (d) of section 95A-915 and substituting in lieu thereof a semicolon (;). Code 95A-915 amended. Section 25. Said Code is further amended by striking in

Page 1433

the first sentence of section 95A-916 the word signs and substituting in lieu thereof the word sign. Code 95A-916 amended. Section 26. Said Code is further amended by inserting the words , intermittent, or moving light or lights except those giving public in subsection (h) of section 95A-916 after the word flashing and before the word service. Code 95A-916 amended. Section 27. Said Code is further amended by striking in subsection (1) of section 95A-916 the word facings and substituting in lieu thereof the word faces. Code 95A-916 amended. Section 28. Said Code is further amended by striking subsection (m) of section 95A-916 in its entirety and substituting in lieu thereof a new subsection (m) to read as follows: (m) is in an area not zoned for commercial or industrial activity and within 300 feet of a residence without the written consent of the owner; Code 95A-916 amended. Section 28A. Said Code is further amended by striking the word Highway from subsection (k) of section 95A-917 after the word State and before the word Board and substituting in lieu thereof the word Transportation. Code 95A-917 amended. Section 29. Said Code is further amended by striking the word signs in the first sentence of section 95A-917 after the words no directional and before the phrase shall be erected and substituting in lieu thereof the word sign. Code 95A-917 amended. Section 30. Said Code is further amended by renumbering subsection (o) of section 95A-916 as subsection (p), and by inserting a new subsection (o) to read as follows: (o) is located so as to obscure, or otherwise interfere with the effectiveness of an official traffic sign, signal, or device;. Code 95A-916 amended. Section 31. Said Code is further amended by striking section 95A-920 in its entirety and substituting in lieu thereof a new section 95A-920 to read as follows:

Page 1434

Section 95A-920. Authority of Department to promulgate regulations. The Department is hereby authorized to promulgate rules and regulations governing the issuance and revocation of permits for the creation and maintenance of outdoor advertising authorized by 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, `Highways'. The Department is further authorized to promulgate such rules and regulations as are necessary to carry out the provisions of this Article. Code 95A-920 amended. Section 32. Said Code is further amended by striking the period (.) after the word made and before the words application for the renewal in section 95A-922 and inserting the following: ,provided that in the case of an application for renewal of a permit the Department may defer action until the expiration date of the permit if the sign owner has not erected a sign by the expiration date of the 60-day period. Code 95A-922 amended. And said section is further amended by striking the word accumulated after the words shall be and before the words by written notice and substituting in lieu thereof the word accompanied. Section 33. Said Code is further amended by striking the words, in existence on October 6, 1971, but which do not conform to the provisions of this Article in section 95A-923 and substituting in lieu thereof the following: erected but which do not conform to the provisions of this Article or which at a later date fail to comply with the provisions of this Article due to changed conditions beyond the control of the sign owner. Code 95A-923 amended. Section 34. Said Code is further amended by striking the figure 95A-947 in section 95A-943 and substituting in lieu

Page 1435

thereof the figure 95A-946, and said section is further amended by striking in the second sentence thereof the figure 95A-946 and substituting in lieu thereof the figure 95A-945. Code 95A-943 amended. Section 35. Said Code is further amended by striking the word structured in paragraph (1) of subsection (b) of section 95A-958 after the word lumber, and before the word steel, and substituting in lieu thereof the word structural. Code 95A-958 amended. Section 36. Said Code is further amended by striking the word vehicle in paragraph (2) of subsection (b) of section 95A-958 after the word motor and before the words (commonly known as automobile carriers), and substituting in lieu thereof the word vehicles. Code 95A-958 amended. Section 37. Said Code is further amended by striking subsection (b) of section 95A-960 in its entirety and substituting in lieu thereof a new subsection (b) to read as follows: (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)

Page 1436

shall be without prejudice and the payor may, within 30 days after such payment, appeal and request a hearing by the Department. Such hearing shall be held in accordance with the Georgia Administrative Procedure Act (Ga. L. 1964, p. 338), as amended. Any person who has exhausted all administrative remedies available within the Department and who is substantially aggrieved by a final order of the Department, is entitled to judicial review in accordance with the Georgia Administrative Procedure Act (Ga. L. 1964, p. 338), as amended. Code 95A-960 amended. Section 38. Said Code is further amended by inserting the word cotton in subparagraph (C) (1) (c) of section 95A-961 after the words concrete pipe, and before the words and plywood. Code 95A-961 amended. Section 39. Said Code is further amended by striking the word equipment in subparagraph (C) (3) (iv) of section 95A-958 after the word oversized and before the word not and substituting in lieu thereof the word loads. Code 95A-958 amended. Section 40. Said Code is further amended by striking the figure 95A-302(p) in section 95A-962 and substituting in lieu thereof the figure 95A-302(o). Code 95A-962 amended. Section 41. Said Code is further amended by striking the word State in the title of section 95A-1246 in the Table of Contents of Chapter 95A-12 and substituting in lieu thereof the word Department. Code 95A-1246 amended. Section 42. Said Code is further amended by striking the word specification in the title of section 95A-1208 and substituting in lieu thereof the word specifications. Code 95A-1208 amended. Section 43. Said Code is further amended by striking the word authority in the first sentence of section 95A-1226 after the words by it to the and before the words as security for and substituting in lieu thereof the word Authority. Code 95A-1226 amended. Section 44. Said Code is further amended by striking the

Page 1437

words State Tollway from the title of subsection (a) of section 95A-1238. Code 95A-1238 amended. Section 45. Said Code is further amended by striking the word for in subsection (h) of section 95A-1241 after the word payable and before the word earnings and substituting in lieu thereof the word from. Code 95A-1241 amended. Section 46. Said Code is further amended by striking in both places where it appears the word Highway from the title of section 95A-1243. Code 95A-1243 amended. Section 47. The following Acts are hereby repealed in their entirety: (a) An Act approved April 13, 1973 (Ga. L. 1973, p. 720), authorizing the Department of Transportation to establish and administer grant program for the betterment of mass transportation systems and facilities throughout the State. Repealers. (b) An Act approved April 19, 1973 (Ga. L. 1973, p. 1407), 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. (c) An Act approved April 19, 1973 (Ga. L. 1973, p. 1405), authorizing the employment of personnel by the Commissioner and the authority to create organizational elements. Section 48. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 49. 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,

Page 1438

clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 50. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1974. AUTHORITY TO CONVEY CERTAIN LAND TO GEORGIA PORTS AUTHORITY PROVIDED. No. 1369 (Senate Bill No. 627). An Act to amend an Act known as the Georgia Ports Authority Act, approved March 9, 1945 (Ga. L. 1945, p. 464), as amended, so as to authorize the Governor on behalf of the State, to convey certain property to the Georgia Ports Authority; 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 Ports Authority Act, approved March 9, 1945 (Ga. L. 1945, p. 464), as amended, is hereby amended by adding a new Section, to be known as section 17A, to read as follows: Section 17A. The Governor is hereby authorized, on behalf of the State to convey to the Georgia Ports Authority for a nominal consideration, to be agreed upon by the Governor and the Authority, property located in Richmond County, Georgia, which has been deeded to the State. The Authority shall have the same power and authority relative to such property as it has relative to any other property of the Authority.

Page 1439

The property located in Richmond County is described as follows: `All that tract or parcel of land containing ten and 96/100 (10.96) acres, situate, lying and being in the 123rd District G.M., Richmond County, Georgia, North of Sand Bar Ferry Road, more particularly described as commencing at a point on the Southern limits of the area reserved for levee purposes seventy-five (75) feet East of the point of intersection of the Eastern limits of Pistol Range Road and the Southern limits of the said area reserved for levee purposes, as measured along said Southern limits; thence extending South sixty-three degrees thirty-five minutes (63 35[prime]) East a distance of eight hundred fourteen (814) feet to a point; thence extending South thirty-one degrees fifty-nine minutes (31 59[prime]) West a distance of seven hundred (700) feet to a point; thence extending North fifty-two degrees sixteen minutes (52 16[prime]) West a distance of seven hundred twenty-two and 3/10 (722.3) feet to a point; thence extending North twenty-two degrees thirty-nine minutes (22 39[prime]) East a distance of five hundred fifty-six (556) feet to the point of beginning, all as will more fully appear upon a plat of the Department of Public Works, Augusta, Georgia, dated September 14, 1959, attached to and recorded with a deed from George C. Nicholson and Chester H. Jones to The City Council of Augusta, said tract herein described being the area between the points designated G, H, J, and K on said plat. ALSO, all that tract or parcel of land containing eight (8) acres, situate, lying and being in the 123rd District G.M., Richmond County, Georgia, and on the West side of Pistol Range Road, more particularly described as commencing at a point on the Western limits of Pistol Range Road, said point being five hundred six and 42/100 (506.42) feet North of the Northwestern intersection of Sand Bar Ferry Road and Pistol Range Road as measured along the said Western limits; thence extending North sixty-three degrees zero minutes (63 00[prime]) West a distance of three hundred nineteen and 15/100 (319.15) feet to a point; thence extending North twenty-two degrees thirty-nine minutes (22 39[prime]) East a distance of two hundred

Page 1440

forty-one and 0/10 (241.0) feet to a point; thence extending North sixty-three degrees zero minutes (63 00[prime]) West a distance of two hundred and 0/10 (200.0) feet to a point; thence extending North twenty-two degrees thirty-nine minutes (22 39[prime]) East a distance of five hundred twenty-two and 18/100 (522.18) feet to a point on the Southern limits of the area reserved for levee purposes; thence extending South sixty-three degrees zero minutes (63 00[prime]) East a distance of five hundred nineteen and 15/100 feet to a point on the Western limits of Pistol Range Road; thence extending along the Western limits of Pistol Range Road South twenty-two degrees thirty-nine minutes (22 39[prime]) West a distance of seven hundred sixty-three and 18/100 (763.18) feet to the point of beginning, all as will more fully appear upon a plat of the Department of Public Works, Augusta, Georgia, dated September 14, 1959, attached to and recorded with a deed from George C. Nicholson and Chester H. Jones to The City Council of Augusta, said tract herein described being the area between the points designated A, B, C, D, E, and F on said plat.' The above property was conveyed to the State by a deed dated October 28, 1959, from the City Council of Augusta, Georgia, which said deed is recorded in the office of the Clerk of Superior Court of Richmond County, Georgia in Realty Book 26-J, Pages 144-46. The Governor is hereby authorized to execute for and on behalf of the State, the necessary instruments relative to the conveyance of the aforesaid property to the Georgia Ports Authority. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1974.

Page 1441

GEORGIA VETERINARY PRACTICE ACT AMENDEDPOWERS OF BOARD DEFINED, ETC. Code Chapter 84-15 Amended. No. 1370 (Senate Bill No. 669). An Act to amend Code Chapter 84-15, known as the Georgia Veterinary Practice Act, as amended, so as to change the compensation of members of the Board of Veterinary Medicine; to define the powers of the Board of Veterinary Medicine; to provide that conviction of a felony or crime involving moral turpitude shall constitute grounds for disciplinary sanction; to provide for definitions; to provide that an indictment shall constitute grounds for suspension of licenses in certain cases; 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: Section 1. Code Chapter 84-15, known as the Georgia Veterinary Practice Act, as amended, is hereby amended by striking from subsection (a) of Code section 84-1504 the following: Each member of the Board shall be paid $20.00 for each day of substantial portion thereof he is engaged in the work of the Board, in addition to such reimbursement for travel and other expenses as is normally allowed to State employees., and inserting in lieu thereof the following: Each member of the board shall be paid $50.00 for each day or substantial portion thereof he is engaged in the work of the board, in addition to such reimbursement for travel and other expenses as is normally allowed to State employees. Code 84-1504 amended. Section 2. Said Code Chapter 84-15 is further amended

Page 1442

by striking subsection (d) of Code section 84-1504, relating to the powers of the Board of Veterinary Medicine, and inserting in lieu thereof a new subsection (d), 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 this State. Code 84-1504 amended. (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. (3) Establish and publish annually a schedule of fees for licensing and registration of veterinarians. (4) Conduct investigations for the purpose of discovering violations of this Chapter or grounds for disciplining licensed veterinarians. (5) Hold hearings on all matters properly brought before the board, and in connection thereto to administer oaths, receive evidence, make the necessary determinations, and enter orders consistent with the findings. The board may designate one or more of its members to serve as its hearing officer. (6) Appoint from its own membership one member to act as a respresentative of the board at any meeting within or without the State where such representative is deemed desirable. (7) Bring proceedings in the courts for the enforcement of this Chapter or any regulations made pursuant thereto. (8) Adopt, amend, or repeal all rules necessary for its government and all regulations necessary to carry into effect

Page 1443

the provisions of this Chapter, including the establishment and publication of standards of professional conduct for the practice of veterinary medicine. Section 3. Said Code Chapter 84-15 is hereby further amended by striking from Code section 84-1509, relating to the grounds upon which a licensee may be disciplined, the following: 5. Arrest and indictment, conviction or cash compromise of a felony or other public offense involving moral turpitude., and inserting in lieu thereof the following: 5. (a) Conviction of a felony or crime involving moral turpitude in the courts of this State, the United States, or of any State, territory, or country. `Conviction of a felony' as used herein shall include conviction of an offense which if committed in this State would be deemed a felony, regardless of its designation in the jurisdiction in which committed. For purposes of this section 84-1509, `conviction' shall include a finding or verdict of guilt, a plea of guilty, or a plea of nolo contendere in a criminal proceeding, regardless of whether the adjudication of guilt or sentence is withheld or not entered thereon pursuant to the provisions of an Act relating to first offenders, approved March 18, 1968 (Ga. L. 1968, p. 324), as amended, or any comparable rule or statute. Code 84-1509 amended. (b) The board may suspend or restrict a license upon indictment of the licensee, for an offense the conviction of which would be ground for discipline under part (a), during the pendency of the criminal proceedings on the indictment if but only if the indictment charges a crime arising out of or by virtue of the licensee's practice or his rights as a licensee under this Chapter and the board finds that to permit the licensee to practice pending the conclusion of such proceedings is inimical to the public health, safety and welfare. Any statement or testimony offered to the board by the licensee shall be taken in camera in such a proceeding and shall not be revealed to any person or used

Page 1444

in any other proceeding and evidence as to its contents shall not be compellable from any person or any document by subpoena or otherwise. 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. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1974. GEORGIA HIGHER EDUCATION ASSISTANCE CORPORATION ACT AMENDED. No. 1371 (Senate Bill No. 704). An Act to amend an Act creating the Georgia Higher Education Assistance Corporation, approved March 12, 1965 (Ga. L. 1965, p. 217), as amended, so as to authorize the Corporation to request and obtain from other governmental departments, boards, commissions, bureaus or agencies information and assistance relative to location, employment, income and property of persons indebted to the Corporation or for whom the Corporation has guaranteed student loans; to authorize payment of costs;

Page 1445

to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Georgia Higher Education Assistance Corporation, approved March 12, 1965 (Ga. L. 1965, p. 217), as amended, is hereby amended by adding a new section immediately following section 5, to be designated section 5A, to read as follows: Section 5A. In order to locate persons for whom the Corporation has guaranteed payment of student loans under provisions of this Act, to prevent default from occurring on such loans or to collect such sums as may be owed by such persons to the Corporation, and otherwise enable the Corporation to carry out responsibilities imposed by this Act in such manner as to best protect the interests of the Corporation and the State, the Corporation is authorized to request information and assistance relative to location, employment, income and property of such persons from any governmental department, board, commission, bureau or agency, except the Georgia Department of Revenue, and such State, county and city offices and their officers and employees shall cooperate in providing such information in their possession upon request of the Corporation notwithstanding any provision of State law making such information confidential. The Corporation is authorized to pay any costs incurred by such agencies in connection with providing requested information to the 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 March 28, 1974.

Page 1446

REVENUEMOTOR FUEL TAX LAW AMENDEDCERTAIN EXEMPTIONS PROVIDED, ETC. Code 92-1403 Amended. No. 1372 (Senate Bill No. 555). An Act to amend Code section 92-1403, relating to the taxation of motor fuel, as amended, particularly by an Act known as the Motor Fuel Tax Law, approved March 18, 1937 (Ga. L. 1937, p. 167), as amended, particularly by an Act approved February 28, 1966 (Ga. L. 1966, p. 61), so as to change the provisions relative to certain exemptions for motor fuel of a type other than gasoline used for nonhighway purposes; to provide for sanctions in connection 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 section 92-1403, relating to the taxation of motor fuel, as amended, particularly by an Act known as the Motor Fuel Tax Law, approved March 18, 1937 (Ga. L. 1937, p. 167), as amended, particularly by an Act approved February 28, 1966 (Ga. L. 1966, p. 61), is hereby amended by adding a new paragraph at the end of subsection (E) of said Code section 92-1403 to be designated paragraph (4) and to read as follows: (4) Every purchaser of motor fuel (of a type other than gasoline) claiming the exemption provided for by this subsection (E) shall be required to provide an affidavit, showing that such purchaser qualifies for the exemption claimed, to the distributor of such motor fuel. Each affidavit shall be valid for no longer than 12 months from the date of execution, and it shall be the duty of each such purchaser granted the exemption provided herein to rescind, by a writing directed to the distributor, any affidavit if at any time he fails to qualify for exemption. Any such purchaser granted an exemption who falsely claims the exemption or who fails to rescind his affidavit as provided herein shall be deemed to be a distributor for purposes of taxation and

Page 1447

subject to all the provisions of this Act relating to distributors, and shall be guilty of a misdemeanor of a high and aggravated nature and upon conviction thereof shall be punished by a fine of not more than $5,000.00 or by imprisonment for not more than one year, or both. Provided, however, that nothing in this paragraph nor any other provision in this Act shall be held to prevent the legal incidence of and liability for the tax levied under this Act from being upon the distributor. Provided further, that this paragraph shall in no way restrict the option to become a distributor provided in paragraph (2) of this subsection (E). The State Revenue Commissioner shall by regulation establish the form and procedure for the providing of and the receiving of the affidavits required herein, and may also require that all such affidavits be provided to the State Revenue Department and may promulgate such other regulations as he may deem necessary to effectuate this paragraph. Code 92-1403 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 1, 1974. MALT BEVERAGESMUNICIPALITIES AND COUNTIESEXCISE TAX PROVIDED, ETC. No. 1373 (House Bill No. 1415). 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 be eliminated within three years of the effective date of this Act; to provide for a reporting system for the payment of such excise taxes on the

Page 1448

sale of malt beverages; to provide for the manner and method of collection 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 known as section 5A, to read as follows: Section 5A. (a) Municipalities and counties permitting the sale of malt beverages are hereby authorized and directed to impose an excise tax, in addition to the excise taxes presently levied by the State of Georgia, in the sum of five cents (5) per 12 ounces, or proportionately thereof, so as to graduate the tax on bottles, cans and containers of various sizes, or in such sum as is authorized in subsection (b) hereof. The excise tax on tap or draft beer shall be in the sum of $6.00 for each container sold as hereinafter specified, containing not more than 15 gallons and at a like rate for fractional parts, where the beverage is sold in or from a barrel or bulk container, such beverage being commonly known as tap or draft beer. Excise tax. (b) In the event that any municipality or county as of December 1, 1973, imposed an excise tax on malt beverages at a rate less than that specified in subsection (a) hereof, such municipality or county may continue to impose such tax at that rate, or may impose a tax at the rate specified in subsection (a) for a period of one year from the effective date of this Act. Any such municipality or county electing to retain a tax rate lower than the rate specified in subsection (a) shall, during the period beginning one year and ending two years from the effective date of this Act, impose a tax at the rate specified in subsection (a), or a tax at a rate equal to the rate specified in subsection (a) minus two-thirds of the difference between the rate imposed by subsection (a) and the rate imposed by such municipality or county as of December 1, 1973. Any such municipality or

Page 1449

county electing to retain a tax lower than the rate specified in subsection (a) shall, during the period beginning two years and ending three years from the effective date of this Act, impose a tax at the rate specified in subsection (a), or a tax at a rate equal to the rate specified in subsection (a) minus one-third of the difference between the rate imposed by subsection (a) and the rate imposed by such municipality or county as of December 1, 1973. Beginning three years from the effective date of this Act, all municipalities and counties permitting the sale of malt beverages shall impose the excise tax at the rate specified in subsection (a) hereof. Provided, however, that in the event the tax required to be imposed by this Act shall be adjudged illegal or unconstitutional because of this exception for tax rates which are lower than the required rate as of December 1, 1973, this exception shall be abolished. It is the intent of the General Assembly that, in the event this exception for tax rates which are lower than the required rate as of December 1, 1973, is held unconstitutional, all cities and counties permitting the sale of malt beverages shall impose the five cent (5) per 12 ounce rate specified in subsection (a) hereof. (c) In the event that any municipality or county, as of December 1, 1973, imposed an excise tax upon malt beverages at a rate greater than that specified in subsection (a) hereof, such municipality or county may continue to impose such tax at that rate, or may impose a tax at the rate specified in subsection (a), for a period of one year from the effective date of this Act. Any such municipality or county electing to retain a tax rate higher than the rate specified in subsection (a) shall, during the period beginning one year and ending two years from the effective date of this Act, impose a tax at the rate specified in subsection (a), or a tax at a rate equal to the rate specified in subsection (a) plus two-thirds of the difference between the rate imposed by subsection (a) and the rate imposed by such municipality or county as of December 1, 1973. Any such municipality or county electing to retain a tax rate higher than the rate specified in subsection (a) shall, during the period beginning two years and ending three years from the effective date of this Act, impose a tax at the rate

Page 1450

specified in subsection (a), or a tax at a rate equal to the rate specified in subsection (a) plus one-third of the difference between the rate imposed by subsection (a) and the rate imposed by such municipality or county as of Decembr 1, 1973. Beginning three years from the effective date of this Act, all municipalities and counties permitting the sale of malt beverages shall impose the excise tax at the rate specified in subsection (a) hereof. Provided, however, that in the event the tax required to be imposed by this Section shall be adjudged illegal or unconstitutional because of this exception for taxes exceeding the required rate as of December 1, 1973, this exception shall be abolished. It is the intent of the General Assembly that, in the event this exception for taxes exceeding the required rate as of December 1, 1973, is held unconstitutional, all cities and counties permitting the sale of malt beverages shall impose the five cent (5) per 12 ounce rate specified in subsection (a) hereof. (d) The excise tax provided for in subsections (a) and (b) and (c) 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. (e) Each licensee responsible for the payment of the excise tax shall file a report itemizing for the preceding calendar month the exact quantities of malt beverages, by size and type of container, 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. (f) 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. (g) No decal, stamp, or other marking may be required on malt beverages designating the particular city or county

Page 1451

wherein a sale of malt beverages is made, or wherein resides a licensed retailer to whom said beverages are delivered. (h) The State Revenue Commissioner shall have the authority to enforce the provisions of this Act; and municipalities and counties shall have the authority to enforce collection and payment of the tax provided for herein. (i) Any tax revenue realized by a consolidated government existing at time of adoption of this Act shall be used to construct a civic or convention center, operation of same. 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 it 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 1, 1974. EMPLOYEES' RETIREMENT SYSTEM ACT AMENDEDACCUMULATED LEAVE CONSTITUTED AS CREDITABLE SERVICE. No. 1375 (House Bill No. 346). An Act to amend an Act establishing the Employees Retirement System of Georgia, approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, so as to provide that accumulated

Page 1452

days of forfeited annual and sick leave shall constitute creditable service in addition to all other creditable service when the amount of such accumulated leave is six months or more; to provide for the computation of such creditable service; to provide for 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 establishing the Employees Retirement System of Georgia, approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, is hereby amended by adding a new paragraph at the end of subsection (1) of section 4 to read as follows: Accumulated days of forfeited annual and sick leave of a member of the retirement system, for which the member is not otherwise entitled to be paid, shall constitute creditable service, computed on the basis of 20 days of forfeited leave constituting one month of service, and at the time of retirement, if the retiring member has a total of six months or more of such forfeited annual and sick leave, the employer shall certify to the Retirement System the total amount of such forfeited annual and sick leave and contribute the same amount as would have been contributed by the employer had the member remained in State employment without change in compensation for a period equal to the amount of such forfeited annual and sick leave. Provided, however, such forfeited annual and sick leave shall not be used to qualify a member for vested rights, service, death, disability or involuntary separation retirement benefits. Provided further, such forfeited annual and sick leave shall not be used to qualify a member for projection of service under the service, death, disability or involuntary separation retirement benefits as provided in subsection (4) of section 5 of this Act. The amount of such forfeited annual and sick leave, for the purposes of this Act, shall be added to a member's service after such projection or other computations are made to determine a member's monthly retirement allowance. Any accrued sick or annual leave for which an employee has not been paid

Page 1453

at retirement shall be deemed to be forfeited leave for the purpose of this Act. 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. Approved April 2, 1974. DEPARTMENT OF NATURAL RESOURCESCONSERVATION RANGERS DESIGNATED. No. 1376 (House Bill No. 1731). An Act to amend an Act authorizing the Commissioner of the Department of Natural Resources to appoint conservation rangers, approved April 19, 1973 (Ga. L. 1973, p. 1483), so as to authorize the Board of Natural Resources to designate the various classes of employees to be included within the uniformed division of conservation rangers; to provide that the Commissioner and Deputy Commissioner of the Department of Natural Resources and the Director of the Division of Game and Fish shall be excluded from the classified service under the State Merit System of Personnel Administration; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act authorizing the Commissioner of the Department of Natural Resources to appoint conservation rangers, approved April 19, 1973 (Ga. L. 1973, p. 1483), is hereby amended by adding after the first sentence in section 1 a new sentence to read as follows:

Page 1454

The Board of Natural Resources, by rule and regulation, shall designate the various classes of employees to be included within said uniformed division of conservation rangers, including but not limited to, the Commissioner and Deputy Commissioner of the Department of Natural Resources and other supervisory personnel; provided, however, that the Commissioner and Deputy Commissioner of the Department of Natural Resources, and the Director of the Division of Game and Fish shall be excluded from the classified service under the State Merit System of Personnel Administration as provided for in an Act approved March 10, 1971 (Ga. L. 1971, p. 45)., so that when so amended section 1 shall read as follows: 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 Board of Natural Resources, by rule and regulation, shall designate the various classes of employees to be included within said uniformed division of conservation rangers, including but not limited to, the Commissioner and Deputy Commissioner of the Department of Natural Resources and other supervisory personnel; provided, however, that the Commissioner and Deputy Commissioner of the Department of Natural Resources, and the Director of the Division of Game and Fish shall be excluded from the classified service under the State Merit System of Personnel Administration as provided for in an Act approved March 10, 1971 (Ga. L. 1971, p. 45). 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. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date.

Page 1455

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 2, 1974. FELONS OVER 13 MAY BE SENTENCED INTO CUSTODY OF DEPARTMENT OF OFFENDER REHABILITATION. No. 1378 (Senate Bill No. 292). An Act to amend an Act creating within the Department of Family and Children Services an autonomous Division for Children and Youth, and a State Board for Children and Youth, 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 provide that felons over the age of 13 may be sentenced into the custody of the Department of Offender Rehabilitation; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating within the Department of Family and Children Services an autonomous Division for Children and Youth, and a State Board for Children and Youth, 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 paragraph (5) of section 9(a) of said Act in its entirety and inserting in lieu thereof a new paragraph (5), to read as follows: (5) For the acceptance and incarceration of any child under the age of 17 years; provided, however, that any child who has previously been adjudged to have committed an act which is a felony if tried in a superior court, and who, on a second or subsequent occasion is convicted of a felony in a superior court may, in the discretion of the court, be sentenced into the custody of the State Department of

Page 1456

Offender Rehabilitation as otherwise provided by law or be committed as a youthful offender as authorized in the Georgia Youthful Offender Act of 1972 (Ga. L. 1972, p. 592); provided, further, that any child convicted of a felony punishable by death or by confinement for life shall only be sentenced into the custody of the State Department of Offender Rehabilitation. 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 12 months in a youth detention center or under the Department of Offender Rehabilitation. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 2, 1974. CONASAUGA JUDICIAL CIRCUITCERTAIN LAW BOOKS TO SUPERIOR COURT JUDGE AUTHORIZED. No. 107 (House Resolution No. 546-1650). A Resolution. Authorizing and directing the State Librarian to furnish certain law books to the judge of the Superior Court of the Conasauga Judicial Circuit; and for other purposes. Whereas, an additional judge has been provided for the Superior Court of the Conasauga Judicial Circuit; and

Page 1457

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, said books are necessary for the judge to transact the business of the court. 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 Conasauga Judicial Circuit a complete set of Georgia Supreme Court Reports and Georgia Court of Appeals Reports. Be it further resolved that if for any reason the State Librarian cannot furnish the above-mentioned books, the Reporter, Supreme Court and Court of Appeals, as proper fiscal officer, is authorized and directed to acquire and furnish said books as provided herein. Approved March 28, 1974. AUTHORITY TO PAY STATE'S CONTRIBUTION TO MULTI-STATE TRANSPORTATION CORRIDOR ADVISORY BOARD PROVIDED. No. 113 (House Resolution No. 570-1707). A Resolution. Authorizing the Department of Community Development to pay the State's contribution to the Multi-State Transportation Corridor Advisory Board; and for other purposes. Whereas, the States of Georgia, Alabama, Arkansas,

Page 1458

Mississippi, Missouri and Tennessee are sponsors of the Multi-State Transportation Corridor Advisory Board; and Whereas, the Board's purpose is to work toward the total development of a transportation route from Brunswich, Georgia, or its vicinity, to Kansas City, Missouri, or its vicinity, so aligned to serve Columbus, Georgia; Birmingham, Alabama; Tupelo, Mississippi; Memphis, Tennessee; Batesville or Jonesboro, Arkansas; and Springfield, Missouri; and Whereas, said route would meet transportation needs of the State and provide economic growth and development to the State; and Whereas, the General Assembly of Georgia has endorsed the efforts of the Multi-State Transportation Corridor Advisory Board; and Whereas, Georgia's share of the cost of sponsoring said Board is $20,000. Now, therefore, be it resolved by the General Assembly of Georgia that the Department of Community Development is hereby authorized and directed to pay Georgia's contribution to sponsor the Multi-State Transportation Corridor Advisory Board in the amount of $20,000. Said sum shall be paid from funds appropriated or available to the Department. Approved March 28, 1974.

Page 1459

GENERAL APPROPRIATIONS ACT AMENDED. No. 1379 (House Bill No. 1376). An Act to amend an Act providing appropriations for the fiscal year 1973-74, known as the General Appropriations Act, approved April 19, 1973 (Ga. L. 1973, p. 1353), so as to change the appropriations of certain agencies of the State for the remainder of the fiscal year ending June 30, 1974; 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: Section 1. An Act providing appropriations for the fiscal year 1973-74, known as the General Appropriations Act, approved April 19, 1973 (Ga. L. 1973, p. 1353), is hereby amended by changing the revenue estimate so that it now shall be $1,504,000,000, and by striking the following: PART I. LEGISLATIVE BRANCH, and Sections 1 through 42, and inserting in lieu thereof the following: PART I. LEGISLATIVE BRANCH Section 1. Legislative Branch. A. Operations $ 6,493,000 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

Page 1460

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 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

Page 1461

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 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 Ga. L. 1953, Nov.-Dec. Sess., pp. 478-479. Section 5. Superior Courts. Operations $ 6,014,658 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

Page 1462

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 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,

Page 1463

that the listed appropriation shall be increased by the amount of $12,000 per annum for each additional position established during the fiscal year. 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 $ 37,000 Changed Object: Operating Expenses $ 37,000 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.

Page 1464

PART III EXECUTIVE BRANCH Section 10. Department of Administrative Services. A. Operations $ 3,754,488 Changed Objects: Personal Services $ 9,952,536 Operating Expenses $ 9,780,822 Telephone Billings $ 4,084,668 B. Capital Outlay $ 182,500 Changed Object: Capital Outlay $ 182,500 Provided, that of the above appropriation relating to Capital Outlay, $100,000 is designated and committed to prepare a Capital Hill Development Plan. C. Authority Lease Rentals $ 3,112,753 Changed Object: Authority Lease Rentals $ 3,112,753 D. General Obligation Debt Sinking Fund $ 240,000 Changed Object: General Obligation Debt Sinking Fund $ 240,000 Provided, that from the above appropriated amount for General Obligation Debt Sinking Fund, $240,000 is specifically appropriated for the purpose of financing the construction and equipping of a multi-level movable parking structure in the Capitol Hill area of Atlanta, Georgia, through the issuance of not to exceed $2,750,000 in principal amount of General Obligation Debt. E. Workmen's Compensation Fund $ 700,000 Changed Object: Workmen's Compensation Fund $ 831,583

Page 1465

Section 11. Department of Agriculture. A. Operations $ 11,222,100 Changed Objects: Personal Services $ 8,927,946 Operating Expense $ 3,740,000 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 $ 2,830,000 Changed Object: Capital Outlay $ 2,830,000 F. Agrirama $ 605,588 Changed Objects: Personal Services $ 75,000 Operating Expenses $ 50,000 Capital Outlay $ 480,588

Page 1466

Provided, that of the above appropriation relating to operating expenses, $75,000 is designated and committed for a research contract with Georgia Institute of Technology for development of automated equipment for loading turkeys and waste utilization. Provided, that of the above appropriation relating to Capital Outlay, $2,755,000 is designated and committed to construct a farmer's market at Macon, Georgia. Section 12. Department of Banking and Finance. Operations $ 1,136,550 Changed Objects: Personal Services $ 902,450 Operating Expenses $ 234,100 Section 13. Department of Community Development. Operations $ 11,705,219 Changed Objects: Personal Services $ 2,244,038 Operating ExpensesRegular $ 1,511,320 Advertising $ 750,000 Operating Expense World Congress Center $ 100,000 Capital Outlay $ 210,000 Outstanding Authority Lease Rentals $ 2,000,000 State of Georgia General Obligation Debt Sinking Fund/New Authority Lease Rentals $ 3,893,478 Grants: APDC Grants $ 1,157,000 HUD701 Planning Grants $ 1,300,000 LEAA Action Local $ 14,584,261 LEAA Action State $ 5,106,957 LEAA Discretionary $ 1,134,976 LEAA Planning $ 579,675 Impact Cities $ 10,000,000 SEADOC $ 133,000

Page 1467

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, 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

Page 1468

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. Provided, that of the above appropriation, $850,000 is designated and committed to pay rentals to the Georgia Ports Authority to permit the issuance of bonds to finance the completion of construction of a containerization facility and a public warehouse distribution center all located at the Authority's Garden City Terminal, Savannah, Georgia, and to permit the repayment of temporary loans incurred in connection with these projects.

Page 1469

For general administrative cost of operating the Department of Community Development, including advertising expense and 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 $ 2,572,450 Changed Objects: Personal Services $ 2,125,350 Operating Expenses $ 469,300 Section 15. Department of Defense. A. Operations $ 1,469,450 Changed Objects: Personal Services $ 1,939,975 Operating Expenses $ 561,500 Grants: National Guard $ 200,000 Georgia Military Institute $ 16,000 B. Capital Outlay $ 737,461 Changed Object: Capital Outlay $ 976,461 Provided, that of the above appropriation, $34,461 is designated and committed for the construction of motor vehicle storage facilities at the Rome National Guard Unit.

Page 1470

Section 16. State Board of EducationDepartment of Education. A. Operations $ 534,300,770.97 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 `minibuses' 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) $ 26,843,088 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 $ 3,100,000 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 $ 16,373,077 Operating Expenses $ 7,682,355 Capital Outlay: Capital Outlay (Regular) $ 3,100,000 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 $ 26,843,088 Grants Direct to School System for Capital Outlay Purposes $ 624,243 MFPE Grants: Teacher Salaries (Section 11) $ 263,608,947 Salaries of Other Certificated Professional Personnel (Section 12) $ 45,858,143 Special Education Teachers (Section 20) $ 28,157,603 Maintenance, Operations and Sick Leave $ 48,053,461 Travel $ 1,004,469 Isolated Schools $ 55,883 Mid-Term Adjustment $ -0- Pupil-Transportation $ 22,800,965 Instructional Media $ 9,265,287 Non-MFPE Grants: Teacher Retirement $ 29,158,744 Cooperative Educational Services Across County Lines $ 2,530,000 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 Preschool Training for the Handicapped $ 6,610,252.97 Psychological Services $ 48,000 Guidance, Counseling and Testing $ 200,000 School Lunch $ 50,100,000 Supervising Teachers $ 145,000 Supplementary Education Centers and Services $ 2,506,000 Teacher's Scholarships $ 328,000 In-Service Grants $ 647,000 Research and Demonstration $ -0- Salaries and Travel of Public Librarians $ 2,290,300 Public Library Service and Materials $ 2,262,109 Public Library Construction $ 1,000,000

Page 1474

Provided, that of the above appropriation, relative to operations, $27,500 is designated and committed for payment to the Houston County Board of Education for payment to Houston County Speech and Hearing School, and $27,500 is designated and committed for payment to the Houston County Board of Education 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.

Page 1475

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. 57, subject to prior approval by the Fiscal Affairs Subcommittees. Provided, that of the above appropriated amount, relative to Preschool Training for the Handicapped, the Diagnostic Classification and Testing Services Program initiated in F. Y. 1973 under Act No. 1234, Ga. Laws 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 Preschool Training program for five-year-old children who are mentally, physically, or emotionally handicapped, and for no other purpose. Provided, that of the above appropriation relative to Capital Outlay, $12,000 is designated and committed for outdoor lighting at the Georgia School for the Deaf, $18,000 is designated and committed for freezer and cooler facilities at North Georgia Vocational-Technical School, and $90,000 is designated and committed for land acquisition at the Atlanta Area School for the Deaf. Provided, that effective April 1, 1974, the Department is authorized to increase school lunch grant rate to five cents per lunch. Provided that of the above appropriation relative to Operations, $4,500 is designated and committed to employ a speech therapist at the Academy for the Blind in Macon, Georgia.

Page 1476

Section 17. Employee's Retirement System. Operations $ -0- Changed Objects: Personal Services $ 481,900 Operating Expenses $ 256,399 Section 18. Forestry Commission. Operations $ 8,235,750 Changed Objects: Personal Services $ 8,049,658 Operating Expenses $ 2,806,000 Capital Outlay $ 12,000 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. Provided, that of the above appropriation, $12,000 is designated and committed for the construction and equipping of a headquarters building in Oglethorpe County. Section 19. Forest Research Council. Operations $ 609,150 Changed Objects: Personal Services $ 91,150 Operating Expenses $ 56,200 Research Contracts $ 560,160

Page 1477

Section 20. Office of the Governor. A. Operations Governor's Office $ 899,750 Changed Objects: Personal Services $ 559,750 Operating Expenses $ 315,000 Mansion Allowance $ 25,000 Office of Planning and Budget $ 1,591,307 Changed Objects: Personal Services $ 1,755,147 Operating Expenses: Regular $ 381,605 Payments to Regional Commissions $ 196,700 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 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

Page 1478

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 $ 49,848,250 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 $ 294,840,518 Changed Objects: Southwestern State Hospital Personal Services $ 5,844,304 Georgia Retardation Center Personal Services $ 9,152,632 Georgia Mental Health Institute Personal Services $ 6,230,804 Georgia Regional Hospital at Augusta Personal Services $ 4,257,815 Central State Hospital Personal Services $ 37,520,040 Georgia Regional Hospital at Savannah Personal Services $ 4,062,185 Gracewood State School and Hospital Personal Services $ 12,145,423 Northwest Georgia Regional Hospital Personal Services $ 5,377,188 West Central Georgia Regional Hospital Personal Services $ 1,406,093 Georgia Regional Hospital at Atlanta Personal Services $ 5,447,118 State and Regional Youth Development Center Personal Services $ 7,131,121 All other Personal Services $ 45,542,613 Operating Expenses $ 101,259,457 Grants $ 72,185,835 Benefits $ 393,323,537 Provided, that of the above appropriation, $10,000 is designated and committed for renovations of the Day Care Center for the Mentally Retarded at Tate, Georgia. Provided, that of the above State appropriation for Medicaid, $280,000 is designated and committed for Medicaid coverage of SSI recipients whose income is $420.00 per month or less per SSI regulation's option. Provided, that of the above State appropriation for Medicaid, $12,500 is designated and committed to provide medical coverage for Non-AFDC Foster Children. Provided, that of the above appropriation, $98,666 is designated and committed for the licensing and monitoring of the Day Care Centers for the Mentally Retarded. Provided, that of the above appropriation, $1,440,000 is designated and committed to purchase equipment for the Day Care Centers for the Mentally Retarded. Provided, that of the above appropriation, $30,000 is designated and committed to be used to match Title IV-A funds to continue Atlanta Association for Retarded Children's project Rescue outreach advocacy program. Provided, that of the above appropriation, $34,461 is designated and committed to continue the Cancer Registry. Provided, that the funds included in this Section for the State to operate the Bibb County Detention Home 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, 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 the funds included in this Section for the State to operate the Muscogee County Detention Home 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 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. B. Construction $ 12,238,250 Changed Objects: Capital Outlay $ 5,778,250 Outstanding Authority Lease Rentals $ 5,545,000 State of Georgia General Obligation Debt Sinking Fund/New Authority Lease Rentals 915,000

Page 1482

Provided, that of the above appropriation relative to Construction, $25,250 is designated and committed for a Regional Youth Development Center at Eastman, Georgia. Provided, that of the appropriation for construction, $400,000 is designated and committed for a Sheltered Workshop in Chatham County. Provided, that of the above appropriation $250,000 is designated and committed for construction of a Sheltered Workshop in Clayton County. Provided, that of the above appropriation, $100,000 is designated and committed for Capital Outlay at the Warm Springs facility. Provided, that of the above appropriation, $240,000 is designated and committed to renovate eight bathrooms in the Bostick Building at Central State Hospital. Provided, that of the above appropriation, $200,000 is designated and committed for elevator renovations at Central State Hospital. Provided, that from the above appropriated amount for State of Georgia General

Page 1483

Obligation Debt Sinking Fund/New Authority Lease Rentals, $200,000 is specifically appropriated for the purpose of making general improvements in the Allen Building at Central State Hospital (Milledgeville) through the issuance of not to exceed $2,225,000 in principal amount of general obligation debt. Provided, that of the above appropriation, $246,000 is designated and committed for repairing the roof on the laundry at Central State Hospital. Provided, that of the above appropriation, $555,000 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 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

Page 1484

Georgia Building Authority (Hospital), said amount shall be appropriated to the Department of Human Resources and used for the purpose of paying lease rentals. Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $190,000 is specifically appropriated for the purpose of financing the acquisition of an office building in the City of Savannah, Georgia, known as the Sears Building through the issuance of not to exceed $2,280,000 in principal amount of General Obligation Debt. Section 23. Department of Labor. A. Operations $ 1,466,502 Changed Objects: Personal Services $ 17,673,943 Operating Expenses $ 10,049,643 Grants $ 1,769,000 Provided, that of the above appropriated amount relative to Operations, $43,855 is designated and committed to begin a Manpower Analysis Training and Development Program. B. Unemployment Compensation Reserve Fund $ 325,000 Changed Object: Unemployment Compensation Reserve Fund $ 325,000 C. Correctional Manpower Program $ 384,122 Changed Objects: Personal Services $ 753,588 Operating Expenses $ 332,418

Page 1485

Section 24. Department of Law. A. Operations $ 1,648,700 Changed Objects: Personal Services $ 1,468,700 Operating Expenses $ 242,000 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 item, unless payment is for reimbursement to the Department of Law as provided by law. Section 25. State Literature Commission. Operations $ 11,000 Changed Objects: Personal Services $ 7,000 Operating Expenses $ 4,000

Page 1486

Section 26. Merit System of Personnel Administration. Operations $ -0- Changed Objects: Personal Services $ 1,328,736 Operating Expenses $ 628,164 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 $ 23,560,832 Changed Objects: Personal Services $ 14,019,030 Operating Expenses $ 10,795,997 Grants: Land and Water Conservation Fund $ 4,000,000 Herty Foundation $ 150,000 Local Governments: Solid Waste Systems $ 2,000,000 Savannah Beach Reclamation $ 1,318,030 Recreation Systems $ 200,000 Water and Sewer Systems $ 2,000,000 B. Authority Lease Rentals $ 2,526,000 Changed Object: Authority Lease Rentals $ 2,526,000 C. State of Georgia General Obligation Debt Sinking Fund $ 72,000 Changed Object: State of Georgia General Obligation Debt Sinking Fund $ 72,000 D. Capital Outlay $ 3,887,725 Changed Object: Capital Outlay $ 4,407,825 E. Heritage Trust $ 11,778,442 Changed Object: Capital Outlay $ 11,778,442

Page 1487

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 Operating Expenses, $15,000 is designated and committed for planning and securing options for a new State Park in Rockdale County. Provided, that of the above sum, the sum of $500,000 is to be used for acquiring land

Page 1488

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. Provided, that of the above appropriation relating to Operations, $892,515 is designated and committed for Lake Lanier Island Development Authority. Provided, that of the above appropriation relating to Capital Outlay, $200,000 is designated and committed for Lake Lanier Island Development Authority. Provided, however, that of the above appropriation relating to Capital Outlay, $387,000 is designated and committed to purchase 258 acres of land in Rockdale County. Provided, however, that of the above appropriation relative to operating expenses, $36,008 is designated and committed for

Page 1489

the purchase of an ambulance and emergency equipment on Jekyll Island, Georgia. Provided, however, that of the above appropriation relative to Capital Outlay, $100,000 is designated and committed for improvements at Fort Mountain State Park. Provided, however, that of the above appropriation relative to operating expenses, $65,000 is designated and committed for playground equipment for neighborhood parks in Brantley, Camden, and Long counties. Provided, however, that of the above appropriation relative to operating expenses, $62,171 is designated and committed for the dredging and diking of the Terry-Dupree Creek Waterway in the Brunswick area. Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $27,000 is specifically appropriated for the purpose of financing the construction of additions and improvements to and the equipping of the Game and Fish Building in Albany, Georgia, through the issuance of not to exceed $300,000 in principal amount of General Obligation Debt. Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $45,000 is specifically appropriated for the purpose of financing the construction of beach protection at Jekyll Island State Park through the issuance of not to exceed

Page 1490

$515,000 in principal amount of General Obligation Debt. Section 28. Department of Offender Rehabilitation. A. Corrections Operations $ 23,844,647 Changed Objects: Personal Services $ 16,285,165 Operating Expenses $ 10,302,352 Capital Outlay $ 12,707,000 Changed Object: Capital Outlay $ 12,707,000 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. Provided, however, that of the above appropriation relating to Capital Outlay, $25,000 is designated and committed to construct a warden's house at Lee Correctional Institute, and $125,000 is designated and committed to construct guard towers and install perimeter lighting at Georgia Industrial Institute. B. Offender Rehabilitation Operations $ 4,349,000 Changed Objects: Personal Services $ 5,073,491 Operating Expenses $ 1,115,320 C. Pardons and Paroles Board Operations $ 373,489 Changed Objects: Personal Services $ 322,489 Operating Expenses $ 51,000

Page 1491

Section 29. Department of Public Safety. A. Operations $ 22,950,632 Changed Objects: Personal Services $ 17,595,985 Operating Expenses $ 8,668,684 B. Capital Outlay $ 185,500 Changed Object: Capital Outlay $ 185,500 Provided, that of the above appropriation relating to Capital Outlay, $74,000 is designated and committed to construct and equip a driver's licensing facility in North Fulton County or North Atlanta. Provided, however, that of the above appropriation relating to Capital Outlay, $27,000 is designated and committed for a driver's licensing facility at the Farmers' Market in Clayton County. Provided, however, that the Director of the Department of Public Safety is hereby authorized to pay dues for Georgia's portion

Page 1492

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). 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, $30,000 is designated and committed to purchase uniforms for the Driver's License Examiners. Provided, however, that of the above appropriation relative to Capital Outlay, $24,500 is designated and committed for the State Patrol station in Polk County. Section 30. Public School Employee's Retirement System. A. Operations $ 137,000 Changed Object: Operating Expenses $ 137,000 B. Employer Contribution $ 7,259,000 Changed Object: Employer Contribution $ 7,259,000 Section 31. Public Service Commission. Operations $ 1,697,038 Changed Objects: Personal Services $ 1,257,237 Operating Expenses $ 447,445

Page 1493

Section 32. Regents, University System of Georgia. A. Operations $ 218,009,541 Changed Objects: Personal Services $ 249,262,204 Operating Expenses $ 70,195,406 Teachers' Retirement $ 13,940,500 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 $ 12,735,200 Changed Object: Capital Outlay $ 14,235,200

Page 1495

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 of 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

Page 1496

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. 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 $ 17,565,529 Changed Objects: Personal Services $ 10,704,069 Operating Expenses $ 6,456,460 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 $ 1,123,450 Changed Object: Motor Vehicle Tag Purchases $ 1,123,450

Page 1497

Provided, that of the above appropriated amount relating to motor vehicle tag purchases, $935,250 is designated and committed for use in contracting with Offender Rehabilitation for the production of at least 2,175,000 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 $ 4,799,264 Changed Objects: Personal Services $ 3,019,650 Operating Expenses $ 1,824,614 B. Authority Lease Rentals $ 815,000 Changed Object: Authority Lease Rentals $ 815,000

Page 1498

Provided, that of the above appropriations, relative to Operations, $50,000 is designated and committed for a monument to Richard B. Russell. Provided, that of the above appropriation, $67,475 is designated and committed for use by the Bicentennial Commission. Provided, that of the above appropriation relative to Operations, $50,000 is designated and committed for office renovations. Provided, that of the above appropriation relative to Operations, $131,700 is designated and committed for the purchase of shelving equipment and for the installation of a humidity control system for the Archives Building. Section 35. State Scholarship Commission. A. Operations $ 400,800 Changed Objects: Personal Services $ 473,500 Operating Expenses $ 323,000 B. Higher Education Assistance Corporation Interest and Fees on Loans $ 239,000 Changed Object: Interest and Fees on Loans $ 239,000 C. Higher Education Assistance Authority Direct Loans and Tuition Grants $ 4,351,000 Changed Objects: Direct Loans $ 1,001,000 Tuition Grants $ 3,350,000 D. State Scholarship CommissionScholarships $ 1,149,000 Changed Object: Scholarships $ 1,224,000 E. Law Enforcement Personnel and Firemen's Dependent Scholarships $ 25,000 Changed Object: Law Enforcement PersonnelDependent Scholarships $ 25,000

Page 1499

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 $25,000 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 $3,350,000 is appropriated for grants and scholarships to students attending private colleges as provided in Ga. L. 1971, p. 906. Section 36. State Treasury Department $ -0-

Page 1500

Section 37. Soil and Water Conservation Committee. Operations $ 458,200 Changed Objects: Personal Services $ 107,200 Operating Expenses $ 351,000 Section 38. Teachers' Retirement System. Operations $ 2,263,015 Changed Objects: Personal Services $ 375,842 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 preseding 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) $ 186,576,873.81 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. Laws 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 $ 925,150 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 $ 976,000 Provided, that the Department of Transportation is authorized to utilize State Airport Development Funds to finance a maximum of 25% of the 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 $ 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 multi-purpose trails, and $50,000 is designated for a pilot bicycle trail as part of said statewide system. G. Harbor Maintenance Payments $ 579,000 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 $ 86,857,450 Operating Expenses $ 48,400,028 Capital Outlay $ 329,964,990 State of Georgia General Obligation Debt Sinking Fund/Authority Lease Rentals $ 31,772,366 Grants to Counties $ 9,317,013.03 Grants to Municipalities $ 9,317,000

Page 1506

Section 40. Department of Veterans Service. Operations $ 4,926,050 Changed Objects: Personal Services $ 1,746,040 Operating Expenses Regular $ 238,050 Payments to Central State Hospital $ 3,053,572 Payments to Medical College of Georgia $ 1,460,000 Grants to Confederate Widows $ 26,000 Capital Outlay $ 1,160,000 Changed Object: Capital Outlay $ 2,410,000

Page 1507

Section 41. Workmen's Compensation Board. Operations $ 1,101,500 Changed Objects: Personal Services $ 900,500 Operating Expenses $ 201,000. Section 2. Said Act is further amended by striking from the last line of section 48, relating to total appropriations, the figure $1,664,168,762, and inserting in lieu thereof the figure $1,675,135,460.81. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 2, 1974, except for line items vetoed.

Page 1508

GENERAL APPROPRIATIONS ACT. No. 1380 (House Bill No. 1377). An Act to make and provide appropriations for the fiscal year beginning July 1, 1974, and ending June 30, 1975; 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 amend an Act providing appropriations for the Fiscal Year 1973-74, known as the General Appropriations Act, approved April 19, 1973 (Ga. L. 1973, p. 1353), as amended by an Act passed at the regular 1974 session of the General Assembly originally introduced as House Bill 1376; 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, 1974, and ending June 30, 1975, as prescribed hereinafter for such fiscal year, from the General Funds of the State, including unappropriated surplus, Federal Revenue Sharing Funds and an amended revenue estimate of $1,608,000,000 for Fiscal Year 1975. PART I. LEGISLATIVE BRANCH Section 1. Legislative Branch. Budget Unit: Legislative Branch $ 7,786,000 1. Operations $ 7,000,000 Total Funds Budgeted $ 7,000,000 State Funds Budgeted $ 7,000,000 2. For election blanks and other election expenses $ 700,000 Total Funds Budgeted $ 700,000 State Funds Budgeted $ 700,000 3. Georgia Education Improvement Council $ 86,000 Total Funds Budgeted $ 86,000 State Funds Budgeted $ 86,000 Budget Unit Object Classes: Operations $ 7,000,000 Election Blanks and Other Election Expenses $ 700,000 Georgia Education Improvement Council $ 86,000

Page 1509

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 reports 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.

Page 1510

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. Budget Unit: Department of Audits $ 2,186,000 1. Operations $ 1,861,000 Total Funds Budgeted $ 1,861,000 State Funds Budgeted $ 1,861,000 2. Tax Ratio Study $ 325,000 Total Funds Budgeted $ 325,000 State Funds Budgeted $ 325,000 Budget Unit Object Classes: Operations $ 1,861,000 Tax Ratio Study $ 325,000 PART II. JUDICIAL BRANCH Section 3. Supreme Court. Budget Unit: Supreme Court $ 926,601 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 attorneys' fees and legal expenses for indigent defendants in criminal cases on appeal as provided in Ga. L. 1953, Nov.-Dec. Sess. pp. 478-479.

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Section 4. Superior Courts. Budget Unit: Superior Courts $ 6,147,213 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 $21,666 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 $32,500 per annum for each judgeship created by law during the 1974 session of the General Assembly. Section 5. Court of Appeals. Budget Unit: Court of Appeals $ 1,042,140 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. Section 6. Administrative Office of the Court. Budget Unit: Administrative Office of the Court $ 118,980

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For the cost of operating the Administrative Offices of the Court. Section 7. Court Reports. Budget Unit: Court Reports $ 47,000 For the cost of printing and distributing the reports of the Supreme Court and Court of Appeals. Section 8. Judicial Qualifications Commission. Budget Unit: Judicial Qualifications Commission $ 5,000 For the cost of operating the Judicial Qualification Commission. PART III. EXECUTIVE BRANCH Section 9. Department of Administrative Services. Budget Unit: Department of Administrative Services $ 8,252,546 1. Georgia Building Authority Budget: Direct Payments to Authority for Operations $ 1,595,699 Capital Outlay $ 90,000 General Obligation Debt Sinking Fund $ 240,000 Authority Lease Rentals $ 3,112,753 Total Funds Budgeted $ 5,038,452 State Funds Budgeted $ 5,038,452 Total Positions Budgeted -0- 2. Departmental Administration Budget: Personal Services $ 518,158 Regular Operating Expenses $ 72,000 Travel $ 9,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 6,300 Equipment Purchases $ 5,400 Per Diem and Fees $ 2,700 Computer Charges $ 300 Total Funds Budgeted $ 613,858 State Funds Budgeted $ 593,738 Total Positions Budgeted 35 3. Fiscal Administration Budget: Personal Services $ 326,348 Regular Operating Expenses $ 35,000 Travel $ 2,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 12,500 Equipment Purchases $ 1,000 Per Diem and Fees $ -0- Computer Charges $ 15,000 Total Funds Budgeted $ 391,848 State Funds Budgeted $ 391,848 Total Positions Budgeted 21 4. Self Insurance Administration Budget: Personal Services $ 218,708 Regular Operating Expenses $ 12,000 Travel $ 26,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,000 Equipment Purchases $ 1,000 Per Diem and Fees $ -0- Computer Charges $ 2,000 Workmen's Compensation $ 740,000 Total Funds Budgeted $ 1,002,708 State Funds Budgeted $ 973,691 Total Positions Budgeted 17 5. Procurement Administration Budget: Personal Services $ 681,305 Regular Operating Expenses $ 66,861 Travel $ 10,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 33,000 Equipment Purchases $ 6,000 Per Diem and Fees $ -0- Computer Charges $ 40,500 Total Funds Budgeted $ 837,666 State Funds Budgeted $ 837,666 Total Positions Budgeted 53 6. General Services Administration Budget: Personal Services $ 162,681 Regular Operating Expenses $ 14,158 Travel $ 3,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,220 Equipment Purchases $ 866 Per Diem and Fees $ -0- Computer Charges $ 840 Total Funds Budgeted $ 182,765 State Funds Budgeted $ 94,587 Total Positions Budgeted 13 7. Property Management Administration Budget: Personal Services $ 106,998 Regular Operating Expenses $ 28,000 Travel $ 1,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,350 Equipment Purchases $ 4,000 Per Diem and Fees $ -0- Computer Charges $ 12,000 Total Funds Budgeted $ 153,848 State Funds Budgeted $ 153,848 Total Positions Budgeted 9 8. Data Processing Services Budget: Personal Services $ 7,582,470 Regular Operating Expenses $ 5,317,557 Travel $ 25,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 51,000 Equipment Purchases $ 636,743 Per Diem and Fees $ 75,300 Computer Charges $ -0- Total Funds Budgeted $ 13,688,470 State Funds Budgeted $ -0- Total Positions Budgeted 626 9. Motor Pool Services Budget: Personal Services $ 86,244 Regular Operating Expenses $ 126,700 Travel $ 2,000 Motor Vehicle Equipment Purchases $ 155,000 Publications and Printing $ -0- Equipment Purchases $ 1,200 Per Diem and Fees $ -0- Computer Charges $ 12,500 Total Funds Budgeted $ 383,644 State Funds Budgeted $ -0- Total Positions Budgeted 10 10. Communication Services Budget: Personal Services $ 848,799 Regular Operating Expenses $ 166,000 Travel $ 9,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,000 Equipment Purchases $ 30,000 Per Diem and Fees $ -0- Computer Charges $ 35,000 Telephone Billings $ 5,606,815 Total Funds Budgeted $ 6,698,614 State Funds Budgeted $ -0- Total Positions Budgeted 63 11. Printing Services Budget: Personal Services $ 757,747 Regular Operating Expenses $ 706,700 Travel $ 14,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,000 Equipment Purchases $ 41,100 Per Diem and Fees $ -0- Computer Charges $ 12,000 Total Funds Budgeted $ 1,532,547 State Funds Budgeted $ -0- Total Positions Budgeted 68 12. Central Supply Services Budget: Personal Services $ 51,104 Regular Operating Expenses $ 399,400 Travel $ 1,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 5,000 Equipment Purchases $ 4,000 Per Diem and Fees $ -0- Computer Charges $ 2,500 Total Funds Budgeted $ 463,004 State Funds Budgeted $ -0- Total Positions Budgeted 5 13. State Properties Commission Budget: Personal Services $ 71,450 Regular Operating Expenses $ 31,000 Travel $ 1,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,500 Equipment Purchases $ 2,000 Per Diem and Fees $ 14,000 Computer Charges $ -0- Total Funds Budgeted $ 120,950 State Funds Budgeted $ 120,950 Total Positions Budgeted 4 14. Volunteer Services Budget: Personal Services $ 32,266 Regular Operating Expenses $ 7,650 Travel $ 4,450 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,900 Equipment Purchases $ 1,500 Per Diem and Fees $ -0- Computer Charges $ -0- Total Funds Budgeted $ 47,766 State Funds Budgeted $ 47,766 Total Positions Budgeted 2 Budget Unit Object Classes: Personal Services $ 11,444,278 Regular Operating Expenses $ 6,983,026 Travel $ 108,350 Motor Vehicle Equipment Purchases $ 155,000 Publications and Printing $ 120,770 Equipment Purchases $ 734,809 Per Diem and Fees $ 92,000 Computer Charges $ 132,640 Workmen's Compensation $ 740,000 Direct Payments to Authority for Operations $ 1,595,699 Capital Outlay $ 90,000 General Obligation Debt Sinking Fund $ 240,000 Authority Lease Rentals $ 3,112,753 Telephone Billings $ 5,606,815

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Section 10. Department of Agriculture. Budget Unit: Department of Agriculture $ 15,464,329 1. Plant Industry Budget: Personal Services $ 2,142,340 Regular Operating Expenses $ 147,100 Travel $ 100,700 Motor Vehicle Equipment Purchases $ 43,920 Publications and Printing $ 25,900 Equipment Purchases $ 35,000 Per Diem and Fees $ 1,900 Computer Charges $ -0- Fire Ant Eradication $ 1,500,000 Total Funds Budgeted $ 3,996,860 State Funds Budgeted $ 3,915,860 Total Positions Budgeted 196 2. Animal Industry Budget: Personal Services $ 623,869 Regular Operating Expenses $ 51,225 Travel $ 32,500 Motor Vehicle Equipment Purchases $ 19,800 Publications and Printing $ 8,550 Equipment Purchases $ 4,200 Per Diem and Fees $ -0- Computer Charges $ -0- Athens Veterinary Laboratory Contract $ 200,000 Tifton Veterinary Laboratory Contract $ 300,000 Poultry Improvement Contract $ 415,000 Veterinary Fees $ 525,000 Poultry Research Contract with Georgia Institute of Technology $ 125,000 Contract with University of Georgia to Study Asiatic New Castle Disease $ 250,000 Indemnities $ 100,000 Total Funds Budgeted $ 2,655,144 State Funds Budgeted $ 2,655,144 Total Positions Budgeted 51 3. Marketing Budget: Personal Services $ 1,042,336 Regular Operating Expenses $ 171,650 Travel $ 33,200 Motor Vehicle Equipment Purchases $ 20,700 Publications and Printing $ 10,000 Equipment Purchases $ 6,200 Per Diem and Fees $ 5,000 Computer Charges $ -0- Advertising Contract $ 35,000 Authority Lease Rentals $ 945,000 Total Funds Budgeted $ 2,269,086 State Funds Budgeted $ 2,108,086 Total Positions Budgeted 99 4. General Agricultural Field Forces Budget: Personal Services $ 1,217,775 Regular Operating Expenses $ 45,700 Travel $ 160,000 Motor Vehicle Equipment Purchases $ 23,460 Publications and Printing $ 1,500 Equipment Purchases $ 6,000 Per Diem and Fees $ -0- Computer Charges $ -0- Total Funds Budgeted $ 1,454,435 State Funds Budgeted $ 1,454,435 Total Positions Budgeted 124 5. Internal Administration Budget: Personal Services $ 759,698 Regular Operating Expenses $ 67,950 Travel $ 18,700 Motor Vehicle Equipment Purchases $ 4,000 Publications and Printing $ 18,600 Equipment Purchases $ 5,000 Per Diem and Fees $ 1,000 Computer Charges $ 85,620 Total Funds Budgeted $ 960,568 State Funds Budgeted $ 943,568 Total Positions Budgeted 56 6. Information and Education Budget: Personal Services $ 104,874 Regular Operating Expenses $ 332,100 Travel $ 1,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 159,500 Equipment Purchases $ 3,000 Per Diem and Fees $ -0- Computer Charges $ -0- Total Funds Budgeted $ 600,474 State Funds Budgeted $ 600,474 Total Positions Budgeted 11 7. Fuel and Measures Standards Budget: Personal Services $ 635,030 Regular Operating Expenses $ 75,400 Travel $ 63,700 Motor Vehicle Equipment Purchases $ 22,980 Publications and Printing $ 6,600 Equipment Purchases $ 12,500 Per Diem and Fees $ -0- Computer Charges $ -0- Total Funds Budgeted $ 816,210 State Funds Budgeted $ 816,210 Total Positions Budgeted 61 8. Consumer Protection Budget: Personal Services $ 497,010 Regular Operating Expenses $ 27,100 Travel $ 44,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,500 Equipment Purchases $ 2,000 Per Diem and Fees $ 1,000 Computer Charges $ -0- Total Funds Budgeted $ 574,010 State Funds Budgeted $ 574,010 Total Positions Budgeted 38 9. Consumer Protection Field Forces Budget: Personal Services $ 1,161,476 Regular Operating Expenses $ 51,200 Travel $ 115,000 Motor Vehicle Equipment Purchases $ 35,160 Publications and Printing $ 3,700 Equipment Purchases $ 2,000 Per Diem and Fees $ -0- Computer Charges $ -0- Total Funds Budgeted $ 1,368,536 State Funds Budgeted $ 1,246,536 Total Positions Budgeted 98 10. Meat Inspection Budget: Personal Services $ 1,693,673 Regular Operating Expenses $ 54,000 Travel $ 154,800 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,200 Equipment Purchases $ 1,000 Per Diem and Fees $ 63,000 Computer Charges $ -0- Total Funds Budgeted $ 1,969,673 State Funds Budgeted $ 810,006 Total Positions Budgeted 144 11. Georgia Agrirama Development Authority Budget: Payments to Agrirama Authority for Operations $ 340,000 Total Funds Budgeted $ 340,000 State Funds Budgeted $ 340,000 Total Positions Budgeted 3 Budget Unit Object Classes: Personal Services $ 9,878,081 Regular Operating Expenses $ 1,023,425 Travel $ 724,000 Motor Vehicle Equipment Purchases $ 170,020 Publications and Printing $ 240,050 Equipment Purchases $ 76,900 Per Diem and Fees $ 71,900 Computer Charges $ 85,620 Fire Ant Eradication $ 1,500,000 Athens Veterinary Laboratory Contract $ 200,000 Tifton Veterinary Laboratory Contract $ 300,000 Poultry Improvement Contract $ 415,000 Veterinary Fees $ 525,000 Poultry Research Contract with Georgia Institute of Technology $ 125,000 Contract with University of Georgia to Study Asiatic New Castle Disease $ 250,000 Payments to Agrirama Authority for Operations and Construction $ 340,000 Indemnities $ 100,000 Advertising Contract $ 35,000 Authority Lease Rentals $ 945,000

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Section 11. Department of Banking and Finance. Budget Unit: Department of Banking and Finance $ 1,244,483 1. Administration Budget: Personal Services $ 288,743 Regular Operating Expenses $ 27,760 Travel $ 4,700 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 9,500 Equipment Purchases $ 1,500 Per Diem and Fees $ 500 Computer Charges $ 8,000 Total Funds Budgeted $ 340,703 State Funds Budgeted $ 340,703 Total Positions Budgeted 20 2. Examination Budget: Personal Services $ 719,405 Regular Operating Expenses $ 2,615 Travel $ 180,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 1,260 Per Diem and Fees $ -0- Computer Charges $ -0- Total Funds Budgeted $ 903,780 State Funds Budgeted $ 903,780 Total Positions Budgeted 49 Budget Unit Object Classes: Personal Services $ 1,008,148 Regular Operating Expenses $ 30,375 Travel $ 185,200 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 9,500 Equipment Purchases $ 2,760 Per Diem and Fees $ 500 Computer Charges $ 8,000

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Section 12. Department of Community Development. A. Budget Unit: Department of Community Development $ 7,784,347 1. Industry Budget: Personal Services $ 253,217 Regular Operating Expenses $ 30,450 Travel $ 40,225 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,000 Equipment Purchases $ -0- Per Diem and Fees $ 4,500 Computer Charges $ -0- Total Funds Budgeted $ 330,392 State Funds Budgeted $ 330,392 Total Positions Budgeted 15 2. Research Budget: Personal Services $ 226,245 Regular Operating Expenses $ 29,200 Travel $ 5,239 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,100 Equipment Purchases $ 2,000 Per Diem and Fees $ 1,800 Computer Charges $ 27,625 Total Funds Budgeted $ 294,209 State Funds Budgeted $ 294,209 Total Positions Budgeted 17 3. Tourist Budget: Personal Services $ 644,860 Regular Operating Expenses $ 413,624 Travel $ 30,398 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 300 Equipment Purchases $ 6,100 Per Diem and Fees $ 42,300 Computer Charges $ 4,000 Capital Outlay $ 10,000 Total Funds Budgeted $ 1,151,582 State Funds Budgeted $ 1,151,582 Total Positions Budgeted 70 4. Community Affairs Budget: Personal Services $ 298,702 Regular Operating Expenses $ 44,667 Travel $ 13,340 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 6,448 Equipment Purchases $ 1,215 Per Diem and Fees $ 2,215 Computer Charges $ -0- Total Funds Budgeted $ 366,587 State Funds Budgeted $ 122,196 Total Positions Budgeted 18 5. Internal Administration Budget: Personal Services $ 483,599 Regular Operating Expenses $ 301,350 Travel $ 21,200 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 25,500 Equipment Purchases $ -0- Per Diem and Fees $ 50,200 Computer Charges $ 2,000 Total Funds Budgeted $ 883,849 State Funds Budgeted $ 827,791 Total Positions Budgeted 34 6. International Budget: Personal Services $ 51,077 Regular Operating Expenses $ 85,900 Travel $ 37,600 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,000 Equipment Purchases $ 2,000 Per Diem and Fees $ 110,600 Computer Charges $ -0- Total Funds Budgeted $ 288,177 State Funds Budgeted $ 288,177 Total Positions Budgeted 3 7. Advertising Budget: Advertising $ 750,000 Total Funds Budgeted $ 750,000 State Funds Budgeted $ 750,000 Total Positions Budgeted -0- 8. Grants to Area Planning and Development Commissions Budget: Grants to Area Planning and Development Commissions $ 1,170,000 Total Funds Budgeted $ 1,170,000 State Funds Budgeted $ 1,170,000 Total Positions Budgeted -0- 9. Area Development Budget: HUD-701 Planning Grants $ 2,300,000 Total Funds Budgeted $ 2,300,000 State Funds Budgeted $ -0- Total Positions Budgeted -0- 10. Ports Authority Budget: Outstanding Authority Lease Rentals $ 2,850,000 Total Funds Budgeted $ 2,850,000 State Funds Budgeted $ 2,850,000 Total Positions Budgeted -0- Budget Unit Object Classes: Personal Services $ 1,957,700 Regular Operating Expenses $ 905,191 Travel $ 148,002 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 37,348 Equipment Purchases $ 11,315 Per Diem and Fees $ 211,615 Computer Charges $ 33,625 Advertising $ 750,000 Grants to Area Planning and Development Commissions $ 1,170,000 HUD-701 Planning Grants $ 2,300,000 Capital Outlay $ 10,000 Outstanding Authority Lease Rentals $ 2,850,000 Provided, that of the above appropriation relating to Capital Outlay, $10,000 is designated and committed for the planning of the West Georgia Welcome Center. B. Budget Unit: State Crime Commission $ 1,048,751 1. State Crime Commission Budget: Personal Services $ 568,599 Regular Operating Expenses $ 111,674 Travel $ 22,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 10,500 Equipment Purchases $ 2,000 Per Diem and Fees $ 9,000 Computer Charges $ 51,180 Total Funds Budgeted $ 774,953 State Funds Budgeted $ 65,001 Total Positions Budgeted 36 2. LEAA Grants Budget: LEAA Action Local $ 8,436,528 LEAA Action State $ 5,397,222 LEAA Planning $ 460,000 Total Funds Budgeted $ 14,293,750 State Funds Budgeted $ 983,750 Total Positions Budgeted -0- Budget Unit Object Classes: Personal Services $ 568,599 Regular Operating Expenses $ 111,674 Travel $ 22,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 10,500 Equipment Purchases $ 2,000 Per Diem and Fees $ 9,000 Computer Charges $ 51,180 LEAA Action Local $ 8,436,528 LEAA Action State $ 5,397,222 LEAA Planning $ 460,000

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For general administrative cost of operating the Department of Community Development, including advertising expense and 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 13. Office of Comptroller General. Budget Unit: Office of Comptroller General $ 3,030,096 1. Internal Administration Budget: Personal Services $ 315,122 Regular Operating Expenses $ 52,975 Travel $ 12,300 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 4,400 Equipment Purchases $ 275 Per Diem and Fees $ 8,000 Computer Charges $ -0- Total Funds Budgeted $ 393,072 State Funds Budgeted $ 393,072 Total Positions Budgeted 21 2. Insurance Regulation Budget: Personal Services $ 499,100 Regular Operating Expenses $ 21,350 Travel $ 7,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 26,700 Equipment Purchases $ 500 Per Diem and Fees $ 6,200 Computer Charges $ 25,000 Total Funds Budgeted $ 585,850 State Funds Budgeted $ 585,850 Total Positions Budgeted 41 3. Industrial Loans Regulation Budget: Personal Services $ 205,099 Regular Operating Expenses $ 19,200 Travel $ 14,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,600 Equipment Purchases $ -0- Per Diem and Fees $ -0- Computer Charges $ -0- Total Funds Budgeted $ 240,399 State Funds Budgeted $ 240,399 Total Positions Budgeted 16 4. Information and Enforcement Budget: Personal Services $ 349,074 Regular Operating Expenses $ 26,545 Travel $ 14,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 5,000 Equipment Purchases $ 375 Per Diem and Fees $ -0- Computer Charges $ -0- Total Funds Budgeted $ 394,994 State Funds Budgeted $ 394,994 Total Positions Budgeted 30 5. Fire Safety and Mobile Home Regulation Budget: Personal Services $ 1,147,831 Regular Operating Expenses $ 44,300 Travel $ 204,200 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 17,500 Equipment Purchases $ 1,950 Per Diem and Fees $ -0- Computer Charges $ -0- Total Funds Budgeted $ 1,415,781 State Funds Budgeted $ 1,415,781 Total Positions Budgeted 113 Budget Unit Object Classes: Personal Services $ 2,516,226 Regular Operating Expenses $ 164,370 Travel $ 252,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 55,200 Equipment Purchases $ 3,100 Per Diem and Fees $ 14,200 Computer Charges $ 25,000

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Section 14. Department of Defense. Budget Unit: Department of Defense $ 1,698,523 1. Administration and Support of State Militia Budget: Personal Services $ 520,795 Regular Operating Expenses $ 84,600 Travel $ 5,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 21,500 Equipment Purchases $ 26,100 Per Diem and Fees $ 8,500 Computer Charges $ -0- National Guard Units Grants $ 200,000 Georgia Military Institute Grant $ 16,000 Civil Air Patrol Contract $ 50,000 Total Funds Budgeted $ 932,995 State Funds Budgeted $ 932,995 Total Positions Budgeted 36 2. Civil Defense Budget: Personal Services $ 446,740 Regular Operating Expenses $ 67,400 Travel $ 20,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 6,500 Equipment Purchases $ 50,000 Per Diem and Fees $ 100 Computer Charges $ -0- Total Funds Budgeted $ 590,740 State Funds Budgeted $ 310,198 Total Positions Budgeted 33 3. Community Shelter Planning Budget: Personal Services $ 93,221 Regular Operating Expenses $ 3,500 Travel $ 12,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 2,000 Per Diem and Fees $ -0- Computer Charges $ -0- Total Funds Budgeted $ 111,221 State Funds Budgeted $ -0- Total Positions Budgeted 7 4. Armory Maintenance and Repair Budget: Personal Services $ 61,060 Regular Operating Expenses $ 145,270 Travel $ 3,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 5,000 Per Diem and Fees $ -0- Computer Charges $ -0- Total Funds Budgeted $ 214,330 State Funds Budgeted $ 214,330 Total Positions Budgeted 5 5. Service Contracts Budget: Personal Services $ 1,065,606 Regular Operating Expenses $ 146,808 Travel $ 1,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ -0- Per Diem and Fees $ -0- Computer Charges $ -0- Total Funds Budgeted $ 1,213,414 State Funds Budgeted $ 241,000 Total Positions Budgeted 112 Budget Unit Object Classes: Personal Services $ 2,187,422 Regular Operating Expenses $ 447,578 Travel $ 42,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 28,000 Equipment Purchases $ 83,100 Per Diem and Fees $ 8,600 Computer Charges $ -0- National Guard Units Grants $ 200,000 Georgia Military Institute Grant $ 16,000 Civil Air Patrol Contract $ 50,000

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Section 15. State Board of EducationDepartment of Education. A. Budget Unit: Department of Education $ 589,963,735 1. General Education Budget: Personal Services $ 797,847 Regular Operating Expenses $ 221,551 Travel $ 48,819 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 68,504 Equipment Purchases $ 7,600 Per Diem and Fees $ 37,683 Computer Charges $ -0- MFPE Grants: Section 11 Teachers Salaries $ 273,451,000 Section 12 Teachers Salaries $ 46,869,000 Section 13 Maintenance, Operation and Sick Leave $ 42,276,000 Section 17 Isolated Schools $ 62,000 Section 19 Travel $ 941,000 Non-MFPE Grants: Mid-term Adjustment $ 2,585,477 Teacher Retirement $ 27,669,500 Driver Education $ 375,000 Cooperative Educational Service Agencies $ 2,502,000 Superintendents' Salaries $ 2,913,000 Instructional Assistance $ 7,000,000 Education of Children from Low-Income Families (Migratory) $ 431,000 Total Funds Budgeted $ 408,256,981 State Funds Budgeted $ 407,155,758 Total Positions Budgeted 45 2. Early Childhood Education Budget: Personal Services $ 106,320 Regular Operating Expenses $ 10,638 Travel $ 11,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 4,500 Equipment Purchases $ 500 Per Diem and Fees $ 600 Computer Charges $ -0- Grants: Pre-School Training $ 4,433,043 Pre-School Pupil Transportation $ 1,079,384 Total Funds Budgeted $ 5,645,985 State Funds Budgeted $ 5,645,985 Total Positions Budgeted 7 3. Regular Vocational Education Budget: Personal Services $ 1,929,485 Regular Operating Expenses $ 133,601 Travel $ 132,353 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 24,504 Equipment Purchases $ 9,890 Per Diem and Fees $ 7,700 Computer Charges $ 698,817 Grants: High School Program $ 16,874,000 Teacher Retirement $ 2,018,000 Teacher Training and Research $ 833,503 Adult Education $ 2,279,000 Area Vocational Technical Schools $ 27,822,000 Manpower Development and Training $ 3,160,000 General Obligation Bonds $ -0- Total Funds Budgeted $ 55,922,853 State Funds Budgeted $ 38,946,110 Total Positions Budgeted 135 4. Special Education Budget: Personal Services $ 365,142 Regular Operating Expenses $ 51,200 Travel $ 41,900 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,791 Equipment Purchases $ 3,500 Per Diem and Fees $ 3,000 Computer Charges $ -0- MFPE Grants: Section 13 Maintenance, Operation and Sick Leave $ 5,721,000 Section 18 Transportation $ 1,745,220 Section 19 Travel $ 85,000 Section 20 Teachers Salaries $ 35,550,000 Non-MFPE Grants: Instructional Services for the Handicapped $ 767,655 Preparation of Professional Personnel in Education of Handicapped Children $ 93,072 Educational Training Services for the Mentally Retarded $ 250,000 Tuition for the Multi-handicapped $ 522,000 Severely Emotionally Disturbed $ 4,036,800 Teacher Retirement $ 3,021,000 Total Funds Budgeted $ 52,259,280 State Funds Budgeted $ 51,180,774 Total Positions Budgeted 25 5. Compensatory Education Budget: Personal Services $ 287,170 Regular Operating Expenses $ 27,644 Travel $ 16,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 750 Equipment Purchases $ 306 Per Diem and Fees $ 100 Computer Charges $ -0- Education of Children of Low-Income Families $ 41,483,227 Total Funds Budgeted $ 41,815,597 State Funds Budgeted $ 43,904 Total Positions Budgeted 23 6. Instructional Materials Budget: Personal Services $ 123,394 Regular Operating Expenses $ 64,373 Travel $ 11,265 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 20,988 Equipment Purchases $ 10,000 Per Diem and Fees $ 1,000 Computer Charges $ -0- MFPE Grants: Instructional Media $ 9,248,000 Non-MFPE Grants: School Library Resources and Other Materials $ 1,925,000 Strengthening Instruction in Critical Subjects $ 1,707,947 Total Funds Budgeted $ 13,111,967 State Funds Budgeted $ 9,316,361 Total Positions Budgeted 11 7. Educational Media Budget: Personal Services $ 2,219,606 Regular Operating Expenses $ 1,273,324 Travel $ 61,601 Motor Vehicle Equipment Purchases $ 4,800 Publications and Printing $ 89,171 Equipment Purchases $ 13,943 Per Diem and Fees $ 103,033 Computer Charges $ -0- Authority Lease Rentals $ 333,204 Capital Outlay $ 35,000 Grants: Summer Library Supervisory Program $ 59,252 Educational Television $ 56,186 Total Funds Budgeted $ 4,249,120 State Funds Budgeted $ 4,124,587 Total Positions Budgeted 194 8. Pupil Personnel Services Budget: Personal Services $ 270,726 Regular Operating Expenses $ 33,917 Travel $ 19,300 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,400 Equipment Purchases $ 250 Per Diem and Fees $ 3,919 Computer Charges $ -0- Grants: Psychological Services $ 48,000 Guidance, Counselling and Testing $ 200,000 Total Funds Budgeted $ 577,512 State Funds Budgeted $ 539,047 Total Positions Budgeted 15 9. Ancillary Services Budget: Personal Services $ 650,622 Regular Operating Expenses $ 65,145 Travel $ 56,498 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 8,933 Equipment Purchases $ 2,484 Per Diem and Fees $ 6,699 Computer Charges $ -0- MFPE Grant: Section 18 Pupil Transportation $ 23,633,000 Non-MFPE Grant: School Lunch $ 65,660,000 Grants to School Systems for Authority Lease Rentals Payments to Georgia Education Authority (Schools) $ 26,804,591 State of Georgia General Obligation Debt Sinking Fund/Authority Lease Rentals $ 2,650,000 Grants Direct to School Systems for Capital Outlay Purposes $ 624,243 Total Funds Budgeted $ 120,162,215 State Funds Budgeted $ 61,840,208 Total Positions Budgeted 48 10. Statewide Leadership Budget: Personal Services $ 662,471 Regular Operating Expenses $ 30,725 Travel $ 42,100 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 4,739 Equipment Purchases $ 4,000 Per Diem and Fees $ 6,000 Computer Charges $ -0- Total Funds Budgeted $ 750,035 State Funds Budgeted $ 702,630 Total Positions Budgeted 41 11. Financial Services Budget: Personal Services $ 234,447 Regular Operating Expenses $ 19,194 Travel $ 17,939 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 12,376 Equipment Purchases $ 2,148 Per Diem and Fees $ -0- Computer Charges $ -0- Total Funds Budgeted $ 286,104 State Funds Budgeted $ 220,541 Total Positions Budgeted 16 12. Program and Staff Development Budget: Personal Services $ 609,946 Regular Operating Expenses $ 375,010 Travel $ 22,981 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 9,225 Equipment Purchases $ 4,447 Per Diem and Fees $ 12,360 Computer Charges $ -0- Grants: Supervising Teachers $ 145,000 Supplementary Education Centers and Services $ 2,504,951 Teacher Scholarships $ 131,000 In-Service Grants $ 490,000 Total Funds Budgeted $ 4,304,920 State Funds Budgeted $ 1,613,891 Total Positions Budgeted 48 13. Public Library Services Budget: Personal Services $ 603,529 Regular Operating Expenses $ 191,102 Travel $ 9,007 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 9,255 Equipment Purchases $ 35,958 Per Diem and Fees $ 600 Computer Charges $ -0- Grants: Salaries and Travel of Public Librarians $ 2,435,000 Public Library Services and Materials $ 2,080,917 Teacher Retirement $ 197,000 Public Library Construction $ 1,725,000 Total Funds Budgeted $ 7,287,368 State Funds Budgeted $ 6,583,447 Total Positions Budgeted 59 14. Staff Services Budget: Personal Services $ 1,433,880 Regular Operating Expenses $ 154,372 Travel $ 19,256 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 88,390 Equipment Purchases $ 10,546 Per Diem and Fees $ 1,000 Computer Charges $ 575,000 Total Funds Budgeted $ 2,282,444 State Funds Budgeted $ 1,747,153 Total Positions Budgeted 112 15. State Board and State Superintendent Budget: Personal Services $ 178,265 Regular Operating Expenses $ 49,341 Travel $ 10,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 11,100 Equipment Purchases $ 1,000 Per Diem and Fees $ 66,200 Computer Charges $ -0- Total Funds Budgeted $ 316,406 State Funds Budgeted $ 202,522 Total Positions Budgeted 9 16. Surplus Property Budget: Personal Services $ 394,208 Regular Operating Expenses $ 142,319 Travel $ 16,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,500 Equipment Purchases $ 12,000 Per Diem and Fees $ -0- Computer Charges $ -0- Total Funds Budgeted $ 567,027 State Funds Budgeted $ -0- Total Positions Budgeted 40 17. U.S.D.A. Food Distribution Budget: Personal Services $ 160,393 Regular Operating Expenses $ 6,686 Travel $ 18,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 750 Equipment Purchases $ 500 Per Diem and Fees $ -0- Computer Charges $ -0- Total Funds Budgeted $ 186,829 State Funds Budgeted $ 100,817 Total Positions Budgeted 14 Budget Unit Object Classes: Personal Services $ 11,027,451 Regular Operating Expenses $ 2,850,142 Travel $ 555,419 Motor Vehicle Equipment Purchases $ 4,800 Publications and Printing $ 359,876 Equipment Purchases $ 119,072 Per Diem and Fees $ 249,894 Computer Charges $ 1,273,817 MFPE Grants: Section 11 Teachers Salaries $ 273,451,000 Section 12 Teachers Salaries $ 46,869,000 Section 13 Maintenance, Operation and Sick Leave $ 47,997,000 Section 15 Instructional Materials $ 9,248,000 Section 17 Isolated Schools $ 62,000 Section 18 Pupil TransportationRegular $ 23,633,000 Section 18 Pupil TransportationSpecial $ 1,745,220 Section 19 Travel $ 941,000 Section 19 TravelSpecial $ 85,000 Section 20 Teachers Salaries $ 35,550,000 Section 48 Mid-Term Adjustment $ 2,585,477 Non-MFPE Grants: Teacher Retirement $ 32,905,500 Driver Education $ 375,000 Cooperative Educational Service Agencies $ 2,502,000 Superintendent's Salaries $ 2,913,000 Instructional Assistance $ 7,000,000 Education of Children from Low-Income Families $ 41,914,227 High School Program $ 16,874,000 Teacher Training and Research $ 833,503 Adult Education $ 2,279,000 Area Vocational-Technical Schools $ 27,822,000 Manpower Development and Training $ 3,160,000 Instructional Services for the Handicapped $ 767,655 Preparation of Professional Personnel in Education of Handicapped Children $ 93,072 Educational Training Services for the Mentally Retarded $ 250,000 Tuition for the Multi-Handicapped $ 522,000 Severely Emotionally Disturbed $ 4,036,800 Strengthening Instruction in Critical Subjects $ 1,707,947 School Library Resources and Other Materials $ 1,925,000 Summer Library Supervisory Program $ 59,252 Educational Television $ 56,186 Psychological Services $ 48,000 Guidance, Counselling and Testing $ 200,000 School Lunch $ 65,660,000 Supervising Teachers $ 145,000 Supplementary Education Centers and Services $ 2,504,951 Teacher Scholarships $ 131,000 In-Service Grants $ 490,000 Salaries and Travel of Public Librarians $ 2,435,000 Public Library Construction $ 1,725,000 Public Library Services and Materials $ 2,080,917 Pre-School Training $ 4,433,043 Pupil Transportation (Pre-School) $ 1,079,384 Capital Outlay $ 35,000 Authority Lease Rentals $ 333,204 State of Georgia General Obligation Debt Sinking Fund/Authority Lease Rentals $ 2,650,000 Grants to School Systems for A.L.R. payments to Georgia Educational Authority (Schools) $ 26,804,591 Direct Grants to School Systems for Capital Outlay Purposes $ 624,243 B. Budget Unit: Institutions $ 8,182,639 1. North Georgia Vocational-Technical School Budget: Personal Services $ 1,164,943 Regular Operating Expenses $ 366,264 Travel $ 13,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 4,150 Equipment Purchases $ 82,000 Per Diem and Fees $ -0- Computer Charges $ -0- Capital Outlay $ 720,000 Authority Lease Rentals $ 54,750 Total Funds Budgeted $ 2,405,607 State Funds Budgeted $ 1,564,562 Total Positions Budgeted 95 2. South Georgia Vocational-Technical School Budget: Personal Services $ 1,015,664 Regular Operating Expenses $ 274,720 Travel $ 12,000 Motor Vehicle Equipment Purchases $ 12,000 Publications and Printing $ 3,300 Equipment Purchases $ 110,000 Per Diem and Fees $ -0- Computer Charges $ -0- Capital Outlay $ -0- Authority Lease Rentals $ 49,315 Total Funds Budgeted $ 1,476,999 State Funds Budgeted $ 1,070,374 Total Positions Budgeted 82 3. Georgia Academy for the Blind Budget: Personal Services $ 1,208,983 Regular Operating Expenses $ 212,557 Travel $ 8,500 Motor Vehicle Equipment Purchases $ 8,500 Publications and Printing $ 4,240 Equipment Purchases $ 37,712 Per Diem and Fees $ 6,600 Computer Charges $ -0- Capital Outlay $ 313,500 Total Funds Budgeted $ 1,800,592 State Funds Budgeted $ 1,641,838 Total Positions Budgeted 151 4. Georgia School for the Deaf Budget: Personal Services $ 2,347,442 Regular Operating Expenses $ 385,598 Travel $ 4,000 Motor Vehicle Equipment Purchases $ 2,200 Publications and Printing $ -0- Equipment Purchases $ 20,000 Per Diem and Fees $ 1,000 Computer Charges $ -0- Capital Outlay $ -0- Authority Lease Rentals $ 23,400 Total Funds Budgeted $ 2,783,640 State Funds Budgeted $ 2,486,552 Total Positions Budgeted 284 5. Atlanta Area School for the Deaf Budget: Personal Services $ 463,117 Regular Operating Expenses $ 165,862 Travel $ 4,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 500 Equipment Purchases $ 40,122 Per Diem and Fees $ 2,000 Computer Charges $ -0- Capital Outlay $ 43,000 Total Funds Budgeted $ 718,601 State Funds Budgeted $ 713,246 Total Positions Budgeted 47 6. Alto Education and Evaluation Center Budget: Personal Services $ 609,767 Regular Operating Expenses $ 58,040 Travel $ 6,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,560 Equipment Purchases $ 30,700 Per Diem and Fees $ -0- Computer Charges $ -0- Capital Outlay $ -0- Total Funds Budgeted $ 706,067 State Funds Budgeted $ 706,067 Total Positions Budgeted 46 Budget Unit Object Classes: Personal Services $ 6,809,916 Regular Operating Expenses $ 1,463,041 Travel $ 48,000 Motor Vehicle Equipment Purchases $ 22,700 Publications and Printing $ 13,750 Equipment Purchases $ 320,534 Per Diem and Fees $ 9,600 Computer Charges $ -0- Capital Outlay $ 1,076,500 Authority Lease Rentals $ 127,465

Page 1546

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 certified and noncertificated personnel to assist classroom teachers in providing intensive instruction and training in order to enable all students to

Page 1547

achieve in the various subject matter areas in accordance with their potential abilities. Provided, that independent school systems shall be eligible to participate in the mini-buses transportation program for Special Education Students. Provided, that of the above appropriation, relative to department operations, $75,000 is designated and committed for the Professional Practices Commission. Provided, that of the above appropriation, relative to special education, $27,500 is designated and committed for payment to the Houston County Board of Education for payment to Houston County Speech and Hearing School, and $27,500 is designated and committed for payment to the Houston County Board of Education for payment to Houston County Happy Hour School. Provided, that State funds appropriated to match federal Manpower Development and Training funds may be utilized in a State approved adult basic education program if federal requirements do not necessitate the use of these funds for matching Manpower Development and Training funds. Provided, that the State Board of Education shall make allotments for Sections 11, 12 and 20 teachers on the basis of the index schedule used for fiscal year 1973. 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. 57, subject to prior approval by the Fiscal Affairs Subcommittees. Provided, that of the above appropriation for department operations, 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. 1975, the remainder of such appropriation shall be used and expended for a half-day Pre-school Training program for five-year-old children who are mentally, physically, or emotionally handicapped, and for no other purpose.

Page 1548

Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund/Authority Lease Rentals, $2,650,000 is specifically appropriated for the purpose of financing a school construction program throughout the State of Georgia which shall consist of the acquisition of land (if needed) and the construction and equipping of school buildings and facilities through the issuance of not to exceed $32,000,000 in principal amount of General Obligation Debt or through the issuance of not to exceed $32,000,000 in principal amount of bonds by the Georgia Education Authority (Schools). 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 the Commission determine that said undertaking be financed through the issuance of bonds by the Georgia Education Authority (Schools), said amount shall be appropriated to the State Board of EducationDepartment of Education and used for the purpose of paying lease rentals. Of the $2,650,000 appropriated above, $300,000 is designated and committed for the purpose of constructing comprehensive high schools. The allocation of funds shall be determined on the basis of a formula to be promulgated by the State Board of Education, based on current increased average daily attendance, surveyed projected growth, consolidation within a system, renovations, outstanding local effort of school systems, age and conditions of existing school buildings, and such other criteria by the Board to insure that classroom need is the basis of distribution. Section 16. Employees' Retirement System. Budget Unit: Employees' Retirement System $ 805,000 1. Employees' Retirement System Budget: Personal Services $ 514,577 Regular Operating Expenses $ 77,000 Travel $ 7,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 8,000 Equipment Purchases $ 3,000 Per Diem and Fees $ 65,000 Computer Charges $ 108,000 Employer Contributions $ 805,000 Total Funds Budgeted $ 1,587,577 State Funds Budgeted $ 805,000 Total Positions Budgeted 43 Budget Unit Object Classes: Personal Services $ 514,577 Regular Operating Expenses $ 77,000 Travel $ 7,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 8,000 Equipment Purchases $ 3,000 Per Diem and Fees $ 65,000 Computer Charges $ 108,000 Employer Contributions $ 805,000

Page 1549

Provided, that of the above appropriation relating to Employer Contributions, $800,000 is designated and committed to fund House Bill 58. Provided, that of the above appropriation relating to Employer Contributions, $5,000 is designated and committed to fund House Bill 346. Section 17. Forestry Commission. Budget Unit: Forestry Commission $ 9,073,047 1. Reforestation Budget: Personal Services $ 399,964 Regular Operating Expenses $ 208,916 Travel $ 2,566 Motor Vehicle Equipment Purchases $ 38,160 Publications and Printing $ 426 Equipment Purchases $ 16,845 Per Diem and Fees $ 20,458 Computer Charges $ 7,386 Total Funds Budgeted $ 694,721 State Funds Budgeted $ 276,812 Total Positions Budgeted 26 2. State Forests Budget: Personal Services $ 75,313 Regular Operating Expenses $ 10,481 Travel $ 92 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 115 Equipment Purchases $ 3,700 Per Diem and Fees $ 2,400 Computer Charges $ -0- Ware County Ad Valorem Tax $ 50,200 Total Funds Budgeted $ 142,301 State Funds Budgeted $ -0- Total Positions Budgeted 6 3. Field Services Budget: Personal Services $ 8,064,915 Regular Operating Expenses $ 1,281,704 Travel $ 64,984 Motor Vehicle Equipment Purchases $ 888,170 Publications and Printing $ 6,495 Equipment Purchases $ 140,390 Per Diem and Fees $ 10,253 Computer Charges $ 13,567 Total Funds Budgeted $ 10,470,478 State Funds Budgeted $ 8,314,820 Total Positions Budgeted 797 4. General Administration and Support Budget: Personal Services $ 389,179 Regular Operating Expenses $ 76,794 Travel $ 10,012 Motor Vehicle Equipment Purchases $ 3,500 Publications and Printing $ 12,058 Equipment Purchases $ 5,538 Per Diem and Fees $ 2,000 Computer Charges $ 40,800 Total Funds Budgeted $ 539,881 State Funds Budgeted $ 481,415 Total Positions Budgeted 25 Budget Unit Object Classes: Personal Services $ 8,929,371 Regular Operating Expenses $ 1,577,895 Travel $ 77,654 Motor Vehicle Equipment Purchases $ 929,830 Publications and Printing $ 19,094 Equipment Purchases $ 166,473 Per Diem and Fees $ 35,111 Computer Charges $ 61,753 Ware County Ad Valorem Tax $ 50,200

Page 1551

Section 18. Forest Research Council. Budget Unit: Forest Research Council $ 617,631 1. Forest Research Council Budget: Personal Services $ 99,615 Regular Operating Expenses $ 32,550 Travel $ 4,364 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 18,000 Equipment Purchases $ 1,000 Per Diem and Fees $ 500 Computer Charges $ -0- Total Funds Budgeted $ 156,029 State Funds Budgeted $ 154,631 Total Positions Budgeted 8 2. Contractual Research Budget: Contractual Research Expense $ 466,000 Total Funds Budgeted $ 466,000 State Funds Budgeted $ 463,000 Total Positions Budgeted -0 Budget Unit Object Classes: Personal Services $ 99,615 Regular Operating Expenses $ 32,550 Travel $ 4,364 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 18,000 Equipment Purchases $ 1,000 Per Diem and Fees $ 500 Computer Charges $ -0- Contractual Research Expense $ 466,000

Page 1552

Section 19. Georgia State Financing and Investment Commission. Budget Unit: Georgia State Financing and Investment Commission $ -0- Departmental Operations Budget: Personal Services $ 685,953 Regular Operating Expenses $ 359,500 Travel $ 11,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 30,000 Equipment Purchases $ 15,000 Per Diem and Fees $ 29,000 Computer Charges $ 5,000 Total Funds Budgeted $ 1,135,953 State Funds Budgeted $ -0- Total Positions Budgeted 42 Budget Unit Object Classes: Personal Services $ 685,953 Regular Operating Expenses $ 359,500 Travel $ 11,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 30,000 Equipment Purchases $ 15,000 Per Diem and Fees $ 29,000 Computer Charges $ 5,000

Page 1553

Section 20. Office of the Governor. A. Budget Unit: Governor's Office $ 955,664 1. Governor's Office Budget: Personal Services $ 571,506 Regular Operating Expenses $ 188,500 Travel $ 19,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 5,000 Equipment Purchases $ 5,000 Per Diem and Fees $ 20,000 Computer Charges $ 1,000 Mansion Allowance $ 25,000 Gubernatorial Transition Allowance $ 25,000 Total Funds Budgeted $ 860,506 State Funds Budgeted $ 860,506 Total Positions Budgeted 36 2. Intern Program Budget: Personal Services $ 55,158 Regular Operating Expenses $ 3,000 Travel $ 4,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,500 Equipment Purchases $ 800 Per Diem and Fees $ -0- Computer Charges $ 700 Intern Stipends $ 30,000 Total Funds Budgeted $ 95,158 State Funds Budgeted $ 95,158 Total Positions Budgeted 4 Budget Unit Object Classes: Personal Services $ 626,664 Regular Operating Expenses $ 191,500 Travel $ 23,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 6,500 Equipment Purchases $ 5,800 Per Diem and Fees $ 20,000 Computer Charges $ 1,700 Mansion Allowance $ 25,000 Intern Stipends $ 30,000 Gubernatorial Transition Allowance $ 25,000 B. Budget Unit: Office of Planning and Budget $ 2,230,672 1. General Administration and Support Budget: Personal Services $ 326,297 Regular Operating Expenses $ 29,805 Travel $ 9,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,950 Equipment Purchases $ 2,500 Per Diem and Fees $ 58,500 Computer Charges $ 5,600 Payments to Regional Commissions $ 93,152 Total Funds Budgeted $ 527,804 State Funds Budgeted $ 514,804 Total Positions Budgeted 19 2. Council of the Arts Budget: Personal Services $ 51,432 Regular Operating Expenses $ 47,058 Travel $ 2,750 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 100 Equipment Purchases $ 300 Per Diem and Fees $ -0- Computer Charges $ -0- Total Funds Budgeted $ 101,640 State Funds Budgeted $ 101,640 Total Positions Budgeted 3 3. Budget Division Budget: Personal Services $ 302,756 Regular Operating Expenses $ 15,100 Travel $ 7,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 9,000 Equipment Purchases $ 1,250 Per Diem and Fees $ 1,000 Computer Charges $ 1,000 Total Funds Budgeted $ 337,606 State Funds Budgeted $ 224,606 Total Positions Budgeted 16 4. Intergovernmental Relations Budget: Personal Services $ 338,505 Regular Operating Expenses $ 19,589 Travel $ 21,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,950 Equipment Purchases $ 1,000 Per Diem and Fees $ -0- Computer Charges $ -0- Total Funds Budgeted $ 384,544 State Funds Budgeted $ 359,544 Total Positions Budgeted 21 5. Management Review Budget: Personal Services $ 287,374 Regular Operating Expenses $ 10,910 Travel $ 5,000 Motor Vehicles Equipment Purchases $ -0- Publications and Printing $ 1,250 Equipment Purchases $ 600 Per Diem and Fees $ -0- Computer Charges $ 500 Total Funds Budgeted $ 305,634 State Funds Budgeted $ 255,634 Total Positions Budgeted 15 6. Policy Planning Budget: Personal Services $ 414,554 Regular Operating Expenses $ 18,266 Travel $ 7,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 10,000 Equipment Purchases $ 1,000 Per Diem and Fees $ -0- Computer Charges $ 20,000 Total Funds Budgeted $ 470,820 State Funds Budgeted $ 322,820 Total Positions Budgeted 23 7. State Manpower Planning Council Budget: Personal Services $ 171,315 Regular Operating Expenses $ 27,950 Travel $ 11,669 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,100 Equipment Purchases $ -0- Per Diem and Fees $ -0- Computer Charges $ -0- Total Funds Budgeted $ 213,034 State Funds Budgeted $ -0- Total Positions Budgeted 14 8. Fuel Allocation Office Budget: Personal Services $ 276,058 Regular Operating Expenses $ 52,366 Travel $ 9,200 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 15,000 Equipment Purchases $ -0- Per Diem and Fees $ -0- Computer Charges $ -0- Total Funds Budgeted $ 352,624 State Funds Budgeted $ 352,624 Total Positions Budgeted 23 9. Planned Growth and Development Budget: Personal Services $ 76,000 Regular Operating Expenses $ 20,000 Travel $ 1,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,000 Equipment Purchases $ 1,000 Per Diem and Fees $ -0- Computer Charges $ -0- Total Funds Budgeted $ 99,000 State Funds Budgeted $ 99,000 Total Positions Budgeted 5 Budget Unit Object Classes: Personal Services $ 2,244,291 Regular Operating Expenses $ 241,044 Travel $ 74,619 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 45,350 Equipment Purchases $ 7,650 Per Diem and Fees $ 59,500 Computer Charges $ 27,100 Payments to Regional Commissions $ 93,152 C. Budget Unit: Governor's Emergency Fund $ 2,000,000 Governor's Emergency Fund Budget: Transfers to State Agencies $ 2,000,000 Total Funds Budgeted $ 2,000,000 State Funds Budgeted $ 2,000,000 Budget Unit Object Class: Transfers to State Agencies $ 2,000,000

Page 1558

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 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. Budget Unit: Grants to Counties and Municipalities $ 6,800,000 1. Grants to Counties $ 2,600,000 Total Funds Budgeted $ 2,600,000 State Funds Budgeted $ 2,600,000 2. Grants to Municipalities $ 4,200,000 Total Funds Budgeted $ 4,200,000 State Funds Budgeted $ 4,200,000 Budget Unit Object Classes: Grants to Counties $ 2,600,000 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. B. Budget Unit: Grants to Counties $ 50,000,000 Grants to Counties $ 50,000,000 Total Funds Budgeted $ 50,000,000 State Funds Budgeted $ 50,000,000

Page 1559

To provide grants to counties for county roads and maintenance and to grant ad valorem tax relief as provided in an Act approved April 13, 1973 (Ga. Laws 1973, p. 475) (House Bill 1). These grants shall be disbursed and distributed by the Fiscal Division of the Department of Administrative Services. Section 22. Department of Human Resources. A. Budget Unit: Departmental Operations $ 203,512,806 1. General Administration and Support Budget: Personal Services $ 5,843,302 Regular Operating Expenses $ 1,010,528 Travel $ 150,686 Motor Vehicle Equipment Purchases $ 8,300 Publications and Printing $ 143,663 Equipment Purchases $ 62,296 Per Diem and Fees $ 46,165 Computer Charges $ 3,017,150 State of Georgia General Obligation Debt Sinking Fund $ 190,000 Total Funds Budgeted $ 10,472,090 State Funds Budgeted $ 6,349,322 Total Positions Budgeted 484 2. Physical Health Program Direction and Support Budget: Personal Services $ 880,544 Regular Operating Expenses $ 55,000 Travel $ 24,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 22,000 Equipment Purchases $ 4,000 Per Diem and Fees $ 200 Computer Charges $ -0- Total Funds Budgeted $ 985,744 State Funds Budgeted $ 985,744 Total Positions Budgeted 71 3. Physical Health Family Health Budget: Personal Services $ 3,843,295 Regular Operating Expenses $ 3,732,496 Travel $ 426,900 Motor Vehicle Equipment Purchases $ 20,000 Publications and Printing $ 85,151 Equipment Purchases $ 102,804 Per Diem and Fees $ 504,699 Computer Charges $ 2,000 Crippled Children Benefits $ 2,890,120 Kidney Disease Benefits $ 300,000 Cancer Control Benefits $ 420,000 Maternal Health/Family Planning Benefits $ 2,144,750 Total Funds Budgeted $ 14,472,215 State Funds Budgeted $ 8,582,398 Total Positions Budgeted 378 4. Physical Health Community Health Budget: Personal Services $ 4,576,537 Regular Operating Expenses $ 702,949 Travel $ 305,693 Motor Vehicle Equipment Purchases $ 4,400 Publications and Printing $ 69,000 Equipment Purchases $ 59,000 Per Diem and Fees $ 155,118 Computer Charges $ 31,692 Facilities Construction Grants $ 10,013,000 Total Funds Budgeted $ 15,917,389 State Funds Budgeted $ 9,737,859 Total Positions Budgeted 377 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. 5. Physical Health Local Services Budget: Personal Services $ 6,528,768 Regular Operating Expenses $ 989,930 Travel $ 590,330 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 4,360 Equipment Purchases $ 111,000 Per Diem and Fees $ 170,510 Computer Charges $ 15,000 Grant for DeKalb County Mental Retardation Project $ 97,300 Grant for Chatham County Mental Retardation Project $ 92,800 Grant-In-Aid to Counties $ 7,957,669 Total Funds Budgeted $ 16,557,667 State Funds Budgeted $ 13,015,930 Total Positions Budgeted 483 Provided, that from funds appropriated to the Physical Health Local Services Budget, a total of not less than $100,000 will be made available to the Community Cardiovascular Council in Savannah for continuation of stroke screening. 6. Mental Health Program Direction and Support Budget: Personal Services $ 1,123,109 Regular Operating Expenses $ 1,142,250 Travel $ 130,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 9,200 Equipment Purchases $ 5,000 Per Diem and Fees $ 32,000 Computer Charges $ 2,000 Total Funds Budgeted $ 2,443,559 State Funds Budgeted $ 1,624,241 Total Positions Budgeted 66 7. Drug Abuse Prevention and Abatement Budget: Personal Services $ 1,723,224 Regular Operating Expenses $ 3,257,195 Travel $ 57,617 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 20,280 Equipment Purchases $ 11,388 Per Diem and Fees $ 86,720 Computer Charges $ 1,040 Total Funds Budgeted $ 5,157,464 State Funds Budgeted $ 1,290,994 Total Positions Budgeted 157 8. Mental Health Local Services Budget: Personal Services $ 336,320 Regular Operating Expenses $ 34,608 Travel $ 25,956 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ -0- Per Diem and Fees $ -0- Computer Charges $ -0- Contracts with Day Care Centers for the Mentally Retarded $ 18,762,257 Grants for Alcoholism Community Treatment Programs $ 2,002,228 Grants for Child Mental Health $ 800,032 Grants for Adult Mental Health $ 3,749,980 Grants to Group Homes for the Mentally Retarded $ 1,322,354 Total Funds Budgeted $ 27,033,735 State Funds Budgeted $ 15,667,123 Total Positions Budgeted 14 9. Economic and Consumer Affairs Budget: Personal Services $ 431,833 Regular Operating Expenses $ 144,869 Travel $ 31,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 26,200 Equipment Purchases $ 11,000 Per Diem and Fees $ 16,600 Computer Charges $ 6,450 Total Funds Budgeted $ 667,952 State Funds Budgeted $ 667,952 Total Positions Budgeted 34 10. Work Incentive Program Budget: Personal Services $ 972,859 Regular Operating Expenses $ 204 Travel $ 80,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,000 Equipment Purchases $ 50,000 Per Diem and Fees $ -0- Computer Charges $ -0- W. I. N. Benefits $ 2,750,000 Total Funds Budgeted $ 3,855,563 State Funds Budgeted $ 385,556 Total Positions Budgeted 101 11. Child Care Budget: Personal Services $ -0- Regular Operating Expenses $ -0- Travel $ -0- Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ -0- Per Diem and Fees $ -0- Computer Charges $ -0- Grants to Fulton County for 24-hour Emergency Social Services $ 123,900 Benefits for Child Care $ 6,835,958 Total Funds Budgeted $ 6,959,858 State Funds Budgeted $ 3,996,163 Total Positions Budgeted -0- 12. Programs for Children, Youth, Families, and Adults Budget: Personal Services $ 5,641,897 Regular Operating Expenses $ 27,856,969 Travel $ 455,850 Motor Vehicle Equipment Purchases $ 12,200 Publications and Printing $ 66,500 Equipment Purchases $ 30,060 Per Diem and Fees $ 21,060 Computer Charges $ -0- Georgia Indigent Legal Services Contracts $ 480,000 Total Funds Budgeted $ 34,564,536 State Funds Budgeted $ 5,915,437 Total Positions Budgeted 517 13. Services to the Aged Budget: Personal Services $ 530,824 Regular Operating Expenses $ 80,100 Travel $ 37,600 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 5,000 Equipment Purchases $ 4,800 Per Diem and Fees $ 2,500 Computer Charges $ -0- Areawide and Community Grants $ 2,097,000 Nutrition Grants $ 2,688,500 Total Funds Budgeted $ 5,446,324 State Funds Budgeted $ 353,234 Total Positions Budgeted 40 14. Vocational Rehabilitation Program Direction and Support Budget: Personal Services $ 720,637 Regular Operating Expenses $ 8,845,575 Travel $ 29,991 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 9,500 Equipment Purchases $ 34,711 Per Diem and Fees $ 34,680 Computer Charges $ -0- Grants for Nephrology Centers $ 175,000 Total Funds Budgeted $ 9,850,094 State Funds Budgeted $ 2,554,465 Total Positions Budgeted 57 15. Vocational Rehabilitation Facilities Budget: Personal Services $ 7,646,223 Regular Operating Expenses $ 4,245,918 Travel $ 135,704 Motor Vehicle Equipment Purchases $ 24,370 Publications and Printing $ 12,005 Equipment Purchases $ 192,241 Per Diem and Fees $ 127,690 Computer Charges $ -0- Total Funds Budgeted $ 12,384,151 State Funds Budgeted $ 1,485,128 Total Positions Budgeted 675 16. Vocational RehabilitationServices Budget: Personal Services $ 10,142,432 Regular Operating Expenses $ 3,620,323 Travel $ 497,515 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 41,536 Equipment Purchases $ 581,612 Per Diem and Fees $ 241,771 Computer Charges $ -0- Total Funds Budgeted $ 15,125,189 State Funds Budgeted $ 1,707,874 Total Positions Budgeted 851 17. Medicaid Benefits Budget: Personal Services $ -0- Regular Operating Expenses $ -0- Travel $ -0- Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ -0- Per Diem and Fees $ -0- Computer Charges $ -0- Medicaid Benefits $ 226,000,000 Total Funds Budgeted $ 226,000,000 State Funds Budgeted $ 72,620,400 Total Positions Budgeted -0- 18. Public Assistance Budget: Personal Services $ -0- Regular Operating Expenses $ -0- Travel $ -0- Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ -0- Per Diem and Fees $ -0- Computer Charges $ -0- Cuban Refugees Benefits $ 100,000 SSI-Supplement Benefits $ 3,635,814 AFDC Benefits $ 132,752,006 Total Funds Budgeted $ 136,487,820 State Funds Budgeted $ 37,270,000 Total Positions Budgeted -0- 19. Local Services Community Services and Benefits Payments Budget: Personal Services $ -0- Regular Operating Expenses $ -0- Travel $ -0- Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ -0- Per Diem and Fees $ -0- Computer Charges $ -0- Local Services Benefits Payments Grants $ 21,963,621 Grants to Counties for Social Services $ 21,601,724 Total Funds Budgeted $ 43,565,345 State Funds Budgeted $ 17,304,619 Total Positions Budgeted -0- 20. Benefits Payments Program Administration and Support Budget: Personal Services $ 2,117,881 Regular Operating Expenses $ 1,491,430 Travel $ 186,235 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 173,074 Equipment Purchases $ 28,110 Per Diem and Fees $ -0- Computer Charges $ -0- Total Funds Budgeted $ 3,996,730 State Funds Budgeted $ 1,998,367 Total Positions Budgeted 211 Budget Unit Object Classes: Personal Services $ 53,059,685 Regular Operating Expenses $ 57,210,344 Travel $ 3,165,577 Motor Vehicle Equipment Purchases $ 69,270 Publications and Printing $ 689,469 Equipment Purchases $ 1,288,022 Per Diem and Fees $ 1,439,713 Computer Charges $ 3,075,332 Crippled Children Benefits $ 2,890,120 Kidney Disease Benefits $ 300,000 Cancer Control Benefits $ 420,000 Maternal Health/Family Planning Benefits $ 2,144,750 Facilities Construction Grants $ 10,013,000 Grants for DeKalb County Mental Retardation Project $ 97,300 Grants for Chatham County Mental Retardation Project $ 92,800 Grant-In-Aid to Counties $ 7,957,669 Contracts with Day Care Centers for the Mentally Retarded $ 18,762,257 Grants for Alcoholism Community Treatment Programs $ 2,002,228 Grants for Child Mental Health $ 800,032 Grants for Adult Mental Health $ 3,749,980 Grants to Group Homes for the Mentally Retarded $ 1,322,354 Work Incentive Benefits $ 2,750,000 Grants to Fulton County for 24-hour Emergency Social Services $ 123,900 Benefits for Child Care $ 6,835,958 Georgia Indigent Legal Services Contracts $ 480,000 Areawide and Community Grants $ 2,097,000 Nutrition Grants $ 2,688,500 Grants for Nephrology Centers $ 175,000 Medicaid Benefits $ 226,000,000 Cuban Refugees Benefits $ 100,000 SSI-Supplement Benefits $ 3,635,814 AFDC Benefits $ 132,752,006 Local Services Benefits Payments Grants $ 21,963,621 Grants to Counties for Social Services $ 21,601,724 State of Georgia General Obligation Debt Sinking Fund $ 190,000 Provided, that of the above appropriation relating to Medicaid, $51,000 State funds is designated and committed for Medicaid coverage of Non-AFDC Foster Care Children. Provided, that of the above appropriation, $60,000 is designated and committed to continue the Cancer Registry. B. Budget Unit: Mental Health and Youth Development Institutions $ 127,482,658 1. Georgia Regional Hospital at Augusta Budget: Personal Services $ 4,491,189 Regular Operating Expenses $ 880,163 Travel $ 20,000 Motor Vehicle Equipment Purchases $ 4,000 Publications and Printing $ 4,782 Equipment Purchases $ 11,000 Per Diem and Fees $ 75,600 Computer Charges $ 70,000 Authority Lease Rentals $ 387,000 Total Funds Budgeted $ 5,943,734 State Funds Budgeted $ 5,477,734 Total Positions Budgeted 537 2. Georgia Regional Hospital at Atlanta Budget: Personal Services $ 5,741,290 Regular Operating Expenses $ 1,342,328 Travel $ 10,000 Motor Vehicle Equipment Purchases $ 10,000 Publications and Printing $ 8,750 Equipment Purchases $ 25,000 Per Diem and Fees $ 75,000 Computer Charges $ 82,000 Authority Lease Rentals $ 513,000 Total Funds Budgeted $ 7,807,368 State Funds Budgeted $ 7,202,367 Total Positions Budgeted 645 3. Georgia Regional Hospital at Savannah Budget: Personal Services $ 4,312,613 Regular Operating Expenses $ 747,780 Travel $ 17,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,000 Equipment Purchases $ -0- Per Diem and Fees $ 66,000 Computer Charges $ 69,000 Authority Lease Rentals $ 500,000 Total Funds Budgeted $ 5,714,393 State Funds Budgeted $ 5,364,393 Total Positions Budgeted 551 4. West Central Georgia Regional Hospital Budget: Personal Services $ 3,679,340 Regular Operating Expenses $ 699,040 Travel $ 20,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 8,000 Equipment Purchases $ 21,000 Per Diem and Fees $ 40,000 Computer Charges $ 65,000 Authority Lease Rentals $ 646,500 Total Funds Budgeted $ 5,178,880 State Funds Budgeted $ 5,103,880 Total Positions Budgeted 551 5. Northwest Georgia Regional Hospital at Rome Budget: Personal Services $ 5,927,537 Regular Operating Expenses $ 1,268,435 Travel $ 20,000 Motor Vehicle Equipment Purchases $ 7,245 Publications and Printing $ 12,935 Equipment Purchases $ 57,975 Per Diem and Fees $ 25,935 Computer Charges $ 75,000 Authority Lease Rentals $ 853,500 Total Funds Budgeted $ 8,248,562 State Funds Budgeted $ 7,532,562 Total Positions Budgeted 779 6. Gracewood State School and Hospital Budget: Personal Services $ 12,997,592 Regular Operating Expenses $ 2,986,684 Travel $ 27,000 Motor Vehicle Equipment Purchases $ 19,425 Publications and Printing $ 7,912 Equipment Purchases $ 125,000 Per Diem and Fees $ 64,622 Computer Charges $ 71,000 Capital Outlay $ 444,560 Authority Lease Rentals $ 117,000 State of Georgia General Obligation Debt Sinking Fund/Authority Lease Rentals $ 185,000 Total Funds Budgeted $ 17,045,795 State Funds Budgeted $ 14,018,795 Total Positions Budgeted 1,538 7. Southwestern State Hospital Budget: Personal Services $ 6,392,398 Regular Operating Expenses $ 1,085,082 Travel $ 18,000 Motor Vehicle Equipment Purchases $ 7,725 Publications and Printing $ 1,300 Equipment Purchases $ 30,000 Per Diem and Fees $ 27,552 Computer Charges $ 70,000 State of Georgia General Obligation Debt Sinking Fund/Authority Lease Rentals $ 157,000 Total Funds Budgeted $ 7,789,057 State Funds Budgeted $ 7,047,057 Total Positions Budgeted 794 8. Georgia Retardation Center Budget: Personal Services $ 9,591,977 Regular Operating Expenses $ 2,428,760 Travel $ 31,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 9,210 Equipment Purchases $ 500 Per Diem and Fees $ 49,563 Computer Charges $ 122,100 Authority Lease Rentals $ 794,000 Total Funds Budgeted $ 13,027,110 State Funds Budgeted $ 12,362,110 Total Positions Budgeted 1,100 9. Georgia Mental Health Institute Budget: Personal Services $ 6,640,798 Regular Operating Expenses $ 1,589,762 Travel $ 28,803 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 9,870 Equipment Purchases $ 33,645 Per Diem and Fees $ 74,970 Computer Charges $ 60,810 Authority Lease Rentals $ 450,000 Total Funds Budgeted $ 8,888,658 State Funds Budgeted $ 8,528,658 Total Positions Budgeted $ 680 10. Central State Hospital Budget: Personal Services $ 40,728,356 Regular Operating Expenses $ 8,961,137 Travel $ 64,050 Motor Vehicle Equipment Purchases $ 40,000 Publications and Printing $ 14,408 Equipment Purchases $ 480,222 Per Diem and Fees $ 91,492 Computer Charges $ 360,000 Authority Lease Rentals $ 1,284,000 State of Georgia General Obligation Debt Sinking Fund/Authority Lease Rentals $ 383,000 Total Funds Budgeted $ 52,406,665 State Funds Budgeted $ 44,652,434 Total Positions Budgeted 4,897 11. State Youth Development Centers Budget: Personal Services $ 5,738,007 Regular Operating Expenses $ 1,275,962 Travel $ 23,990 Motor Vehicle Equipment Purchases $ 29,400 Publications and Printing $ 3,900 Equipment Purchases $ 38,000 Per Diem and Fees $ 37,300 Computer Charges $ 8,000 Total Funds Budgeted $ 7,154,559 State Funds Budgeted $ 7,078,559 Total Positions Budgeted 619 12. Regional Youth Development Centers Budget: Personal Services $ 1,919,611 Regular Operating Expenses $ 520,865 Travel $ 18,138 Motor Vehicle Equipment Purchases $ 12,000 Publications and Printing $ 1,450 Equipment Purchases $ 30,945 Per Diem and Fees $ 52,100 Computer Charges $ -0- Grants to County-Owned Detention Centers $ 400,000 State of Georgia General Obligation Debt Sinking Fund/Authority Lease Rentals $ 170,000 Total Funds Budgeted $ 3,125,109 State Funds Budgeted $ 3,114,109 Total Positions Budgeted 262 Budget Unit Object Classes: Personal Services $ 108,160,708 Regular Operating Expenses $ 23,785,998 Travel $ 297,981 Motor Vehicle Equipment Purchases $ 129,795 Publications and Printing $ 84,517 Equipment Purchases $ 853,287 Per Diem and Fees $ 680,134 Computer Charges $ 1,052,910 Grants to County-Owned Detention Centers $ 400,000 Capital Outlay $ 444,560 Authority Lease Rentals $ 5,545,000 State of Georgia General Obligation Debt Sinking Fund/Authority Lease Rentals $ 895,000

Page 1574

Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund/Authority Lease Rentals, $170,000 is specifically appropriated for the purpose of financing the construction and

Page 1575

equipping of Regional Youth Development Centers to be located in the vicinity of Macon, Griffin and Eastman through the issuance of not to exceed $2,000,000 in principal amount of General Obligation debt or through the issuance of not to exceed $2,000,000 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 shall be appropriated to the State of Georgia General Obligation Debt Sinking Fund. Should the 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. Budget Unit: Inspection Division $ 429,354 Inspection Division Budget: Personal Services $ 358,854 Regular Operating Expenses $ 16,376 Travel $ 50,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,000 Equipment Purchases $ 1,500 Per Diem and Fees $ 624 Computer Charges $ -0- Total Funds Budgeted $ 429,354 State Funds Budgeted $ 429,354 Total Positions Budgeted 30 Budget Unit Object Classes: Personal Services $ 358,854 Regular Operating Expenses $ 16,376 Travel $ 50,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,000 Equipment Purchases $ 1,500 Per Diem and Fees $ 624 Computer Charges $ -0- B. Budget Unit: Basic Employment, Work Incentive, Manpower Services, and Unemployment Compensation Reserve Fund $ 1,781,298 1. Basic Employment Security Budget: Personal Services $ 12,801,467 Regular Operating Expenses $ 1,460,622 Travel $ 218,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 110,250 Equipment Purchases $ 119,028 Per Diem and Fees $ -0- Computer Charges $ -0- Total Funds Budgeted $ 14,709,767 State Funds Budgeted $ 75,000 Total Positions Budgeted 1,008 2. State Administrative Fund Budget: Personal Services $ 103,108 Regular Operating Expenses $ 80,497 Travel $ -0- Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ -0- Per Diem and Fees $ -0- Computer Charges $ -0- Total Funds Budgeted $ 183,605 State Funds Budgeted $ 183,605 Total Positions Budgeted 5 3. Manpower Training Budget: Personal Services $ 2,008,991 Regular Operating Expenses $ 224,700 Travel $ 50,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 12,600 Equipment Purchases $ 5,250 Per Diem and Fees $ -0- Computer Charges $ -0- Total Funds Budgeted $ 2,301,941 State Funds Budgeted $ -0- Total Positions Budgeted 216 4. Other Manpower Services Budget: Personal Services $ 969,488 Regular Operating Expenses $ 32,760 Travel $ 2,205 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 23,835 Equipment Purchases $ -0- Per Diem and Fees $ -0- Computer Charges $ -0- Total Funds Budgeted $ 1,028,288 State Funds Budgeted $ -0- Total Positions Budgeted 81 5. Correctional Manpower Program: Personal Services $ 693,000 Regular Operating Expenses $ 212,073 Travel $ 33,033 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 1,272 Per Diem and Fees $ -0- Computer Charges $ -0- Total Funds Budgeted $ 939,378 State Funds Budgeted $ 409,510 Total Positions Budgeted 58 6. Unemployment Compensation Reserve Fund Budget: Unemployment Compensation Reserve Fund $ 300,000 Total Funds Budgeted $ 300,000 State Funds Budgeted $ 300,000 7. Work Incentive Budget: Personal Services $ 2,668,833 Regular Operating Expenses $ 3,540,000 Travel $ 100,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 54,000 Per Diem and Fees $ -0- Computer Charges $ -0- WIN Grants $ 1,769,000 Total Funds Budgeted $ 8,131,833 State Funds Budgeted $ 813,183 Total Positions Budgeted 232 Budget Unit Object Classes: Personal Services $ 19,244,887 Regular Operating Expenses $ 5,550,652 Travel $ 404,038 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 146,685 Equipment Purchases $ 179,550 Per Diem and Fees $ -0- Computer Charges $ -0- WIN Grants $ 1,769,000 Unemployment Compensation Reserve Fund $ 300,000

Page 1578

Section 24. Department of Law. Budget Unit: Department of Law $ 1,884,019 1. Attorney General's Office Budget: Personal Services $ 1,556,331 Regular Operating Expenses $ 140,800 Travel $ 43,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 14,400 Equipment Purchases $ 10,500 Per Diem and Fees $ 20,850 Computer Charges $ 450 Total Funds Budgeted $ 1,786,831 State Funds Budgeted $ 1,719,631 Total Positions Budgeted 78 2. State Library Budget: Personal Services $ 132,388 Regular Operating Expenses $ 5,000 Travel $ 140 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 250 Equipment Purchases $ 2,000 Per Diem and Fees $ 550 Computer Charges $ 60 Books $ 24,000 Total Funds Budgeted $ 164,388 State Funds Budgeted $ 164,388 Total Positions Budgeted 11 Budget Unit Object Classes: Personal Services $ 1,688,719 Regular Operating Expenses $ 145,800 Travel $ 43,640 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 14,650 Equipment Purchases $ 12,500 Per Diem and Fees $ 21,400 Computer Charges $ 510 Books for State Library $ 24,000

Page 1579

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

Page 1580

the State in the Executive Branch of State Government, shall be paid from this fund. No other agency is authorized to expend funds appropriated or otherwise available from any source for the support and maintenance of the respective agency for the purpose for which provision is made in this item, unless payment is for reimbursement to the Department of Law as provided by Law. Section 25. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel Administration (No direct State General Fund Appropriation is required) $ -0- 1. Examinations and Recruitment Budget: Personal Services $ 328,283 Regular Operating Expenses $ 13,350 Travel $ 1,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 13,200 Equipment Purchases $ 3,830 Per Diem and Fees $ 2,000 Computer Charges $ 45,000 Total Funds Budgeted $ 407,163 State Funds Budgeted $ -0- Total Positions Budgeted 26 2. Classification and Compensation Budget: Personal Services $ 287,851 Regular Operating Expenses $ 7,850 Travel $ 2,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 6,675 Equipment Purchases $ 1,500 Per Diem and Fees $ 500 Computer Charges $ 56,000 Total Funds Budgeted $ 362,776 State Funds Budgeted $ -0- Total Positions Budgeted 21 3. Personnel Transactions Budget: Personal Services $ 189,133 Regular Operating Expenses $ 6,800 Travel $ 100 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,650 Equipment Purchases $ 250 Per Diem and Fees $ -0- Computer Charges $ 178,800 Total Funds Budgeted $ 378,733 State Funds Budgeted $ -0- Total Positions Budgeted 19 4. Employees' Training Budget: Personal Services $ 185,753 Regular Operating Expenses $ 15,150 Travel $ 4,450 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 5,300 Equipment Purchases $ 300 Per Diem and Fees $ 25,000 Computer Charges $ 200 Total Funds Budgeted $ 236,153 State Funds Budgeted $ -0- Total Positions Budgeted 13 5. Employee Relations Budget: Personal Services $ 83,494 Regular Operating Expenses $ 3,150 Travel $ 3,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 5,000 Equipment Purchases $ 1,700 Per Diem and Fees $ 700 Computer Charges $ -0- Total Funds Budgeted $ 97,044 State Funds Budgeted $ -0- Total Positions Budgeted 5 6. Intergovernmental Relations and Career Development Budget: Personal Services $ 87,430 Regular Operating Expenses $ 55,616 Travel $ 4,300 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 650 Equipment Purchases $ 1,300 Per Diem and Fees $ 400 Computer Charges $ 6,000 Total Funds Budgeted $ 155,696 State Funds Budgeted $ -0- Total Positions Budgeted 5 7. Employees' Health Insurance Budget: Personal Services $ 166,314 Regular Operating Expenses $ 13,075 Travel $ 1,575 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,550 Equipment Purchases $ 1,100 Per Diem and Fees $ 6,000 Computer Charges $ 18,000 Total Funds Budgeted $ 208,614 State Funds Budgeted $ -0- Total Positions Budgeted 15 8. Internal Administration Budget: Personal Services $ 244,618 Regular Operating Expenses $ 12,575 Travel $ 4,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 4,400 Equipment Purchases $ 3,100 Per Diem and Fees $ 2,100 Computer Charges $ 6,000 Total Funds Budgeted $ 277,193 State Funds Budgeted $ -0- Total Positions Budgeted 18 Budget Unit Object Classes: Personal Services $ 1,572,876 Regular Operating Expenses $ 127,566 Travel $ 21,725 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 41,425 Equipment Purchases $ 13,080 Per Diem and Fees $ 36,700 Computer Charges $ 310,000

Page 1583

Section 26. Department of Natural Resources. Budget Unit: Department of Natural Resources $ 29,369,806.75 1. Internal Administration Budget: Personal Services $ 751,732 Regular Operating Expenses $ 261,822 Travel $ 8,600 Motor Vehicle Equipment Purchases $ 3,400 Publications and Printing $ 68,000 Equipment Purchases $ 12,550 Per Diem and Fees $ 30,000 Computer Charges $ 107,000 Total Funds Budgeted $ 1,243,104 State Funds Budgeted $ 1,243,104 Total Positions Budgeted 58 2. Public Relations and Information Budget: Personal Services $ 237,018 Regular Operating Expenses $ 63,400 Travel $ 6,200 Motor Vehicle Equipment Purchases $ 7,500 Publications and Printing $ 250,000 Equipment Purchases $ 15,000 Per Diem and Fees $ 13,000 Computer Charges $ -0- Total Funds Budgeted $ 592,118 State Funds Budgeted $ 592,118 Total Positions Budgeted 19 3. Planning and Research Budget: Personal Services $ 884,219 Regular Operating Expenses $ 182,713 Travel $ 65,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 74,850 Equipment Purchases $ 28,800 Per Diem and Fees $ 98,500 Computer Charges $ 3,000 Land and Water Conservation Grants $ 4,000,000 Recreation Grants $ 200,000 Total Funds Budgeted $ 5,537,582 State Funds Budgeted $ 1,380,403 Total Positions Budgeted 61 4. Unicoi Budget: Personal Services $ 604,436 Regular Operating Expenses $ 324,500 Travel $ 19,000 Motor Vehicle Equipment Purchases $ 30,500 Publications and Printing $ 20,000 Equipment Purchases $ 36,200 Per Diem and Fees $ 35,300 Computer Charges $ -0- Total Funds Budgeted $ 1,069,936 State Funds Budgeted $ 685,521 Total Positions Budgeted 48 5. Game Management Budget: Personal Services $ 1,188,863 Regular Operating Expenses $ 483,000 Travel $ 9,000 Motor Vehicle Equipment Purchases $ 150,590 Publications and Printing $ 15,000 Equipment Purchases $ 86,600 Per Diem and Fees $ 3,000 Computer Charges $ -0- Total Funds Budgeted $ 1,936,053 State Funds Budgeted $ 1,042,717 Total Positions Budgeted 109 6. Fisheries Management Budget: Personal Services $ 1,336,513 Regular Operating Expenses $ 488,094 Travel $ 32,000 Motor Vehicle Equipment Purchases $ 117,450 Publications and Printing $ 10,500 Equipment Purchases $ 112,755 Per Diem and Fees $ 3,000 Computer Charges $ 1,900 Capital Outlay $ 215,000 Total Funds Budgeted $ 2,317,212 State Funds Budgeted $ 1,836,274 Total Positions Budgeted 110 7. Law Enforcement Budget: Personal Services $ 2,585,989 Regular Operating Expenses $ 759,535 Travel $ 34,101 Motor Vehicle Equipment Purchases $ 248,280 Publications and Printing $ 29,394 Equipment Purchases $ 162,267 Per Diem and Fees $ -0- Computer Charges $ -0- State of Georgia General Obligation Debt Sinking Fund $ 27,000 Total Funds Budgeted $ 3,846,566 State Funds Budgeted $ 3,651,836 Total Positions Budgeted 240 8. Project Evaluation Budget: Personal Services $ 63,241 Regular Operating Expenses $ 8,575 Travel $ 2,300 Motor Vehicle Equipment Purchases $ 3,400 Publications and Printing $ 600 Equipment Purchases $ 2,500 Per Diem and Fees $ -0- Computer Charges $ -0- Total Funds Budgeted $ 80,616 State Funds Budgeted $ 80,616 Total Positions Budgeted 4 9. Coastal Marshlands Protection Budget: Personal Services $ 29,077 Regular Operating Expenses $ 1,600 Travel $ 2,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 500 Per Diem and Fees $ 2,400 Computer Charges $ -0- Total Funds Budgeted $ 36,077 State Funds Budgeted $ 36,077 Total Positions Budgeted 2 10. Parks and Historic Sites Operations Budget: Personal Services $ 3,195,354 Regular Operating Expenses $ 1,809,252 Travel $ 41,775 Motor Vehicle Equipment Purchases $ 234,130 Publications and Printing $ 13,200 Equipment Purchases $ 252,089 Per Diem and Fees $ 24,400 Computer Charges $ -0- Capital Outlay $ 1,780,200 Authority Lease Rentals $ 2,526,000 State of Georgia General Obligation Debt Sinking Fund $ 45,000 Total Funds Budgeted $ 9,921,400 State Funds Budgeted $ 8,171,400 Total Positions Budgeted 316 11. Geologic and Water Resources Research Budget: Personal Services $ 458,765 Regular Operating Expenses $ 57,475 Travel $ 23,203 Motor Vehicle Equipment Purchases $ 29,550 Publications and Printing $ 26,000 Equipment Purchases $ 64,072 Per Diem and Fees $ 6,400 Computer Charges $ -0- Contract with U.S. Geological Survey for Ground Water Resources Survey $ 176,000 Total Funds Budgeted $ 841,465 State Funds Budgeted $ 808,465 Total Positions Budgeted 33 12. Topographic Mapping Budget: Contract with U. S. Geological Survey for Topographic Maps $ 1,585,000 Total Funds Budgeted $ 1,585,000 State Funds Budgeted $ 1,335,000 Total Positions Budgeted -0- 13. Water Supply Budget: Personal Services $ 444,703 Regular Operating Expenses $ 37,800 Travel $ 26,004 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 5,000 Equipment Purchases $ 21,500 Per Diem and Fees $ -0- Computer Charges $ 20,000 Total Funds Budgeted $ 555,007 State Funds Budgeted $ 555,007 Total Positions Budgeted 35 14. Water Quality Budget: Personal Services $ 1,346,376 Regular Operating Expenses $ 705,400 Travel $ 40,000 Motor Vehicle Equipment Purchases $ 10,000 Publications and Printing $ 7,000 Equipment Purchases $ 30,000 Per Diem and Fees $ -0- Computer Charges $ 30,000 Water and Sewer Grants $ 2,000,000 Total Funds Budgeted $ 4,168,776 State Funds Budgeted $ 2,913,939 Total Positions Budgeted 94 15. Air Quality Budget: Personal Services $ 1,040,194 Regular Operating Expenses $ 64,300 Travel $ 54,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,000 Equipment Purchases $ 41,774 Per Diem and Fees $ -0- Computer Charges $ 35,000 Total Funds Budgeted $ 1,238,268 State Funds Budgeted $ 738,268 Total Positions Budgeted 77 16. Solid Waste Management Budget: Personal Services $ 496,124 Regular Operating Expenses $ 36,088 Travel $ 29,532 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 8,200 Equipment Purchases $ 8,000 Per Diem and Fees $ 1,500 Computer Charges $ -0- Solid Waste Grants $ 2,000,000 Total Funds Budgeted $ 2,579,444 State Funds Budgeted $ 2,575,642 Total Positions Budgeted 35 17. Land Reclamation Budget: Personal Services $ 143,770 Regular Operating Expenses $ 26,500 Travel $ 9,775 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,500 Equipment Purchases $ 1,425 Per Diem and Fees $ 4,000 Computer Charges $ 20,000 Total Funds Budgeted $ 207,970 State Funds Budgeted $ 207,970 Total Positions Budgeted 9 18. Heritage Trust Budget: Capital Outlay $ 538,449.75 State of Georgia General Obligation Debt Sinking Fund $ 302,000 Total Funds Budgeted $ 840,449.75 State Funds Budgeted $ 840,449.75 Total Positions Budgeted 0 19. Lake Lanier Islands Development Authority Budget: Payments to Lake Lanier Islands Development Authority for Operations and Construction $ 675,000 Total Funds Budgeted $ 675,000 State Funds Budgeted $ 675,000 Total Positions Budgeted 100 Budget Unit Object Classes: Personal Services $ 14,806,374 Regular Operating Expenses $ 5,310,054 Travel $ 403,490 Motor Vehicle Equipment Purchases $ 834,800 Publications and Printing $ 533,244 Equipment Purchases $ 876,032 Per Diem and Fees $ 221,500 Computer Charges $ 216,900 Land and Water Conservation Grants $ 4,000,000 Recreation Grants $ 200,000 Water and Sewer Grants $ 2,000,000 Solid Waste Grants $ 2,000,000 Contract with U. S. Geological Survey for Ground Water Resources Survey $ 176,000 Contract with U. S. Geological Survey for Topographic Maps $ 1,585,000 Payments to Lake Lanier Islands Development Authority for Operations and Construction $ 675,000 Capital Outlay $ 2,533,649.75 Authority Lease Rentals $ 2,526,000 State of Georgia General Obligation Debt Sinking Fund $ 374,000

Page 1590

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, 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

Page 1591

shall be made prior to the official approval thereof by the Board of Natural Resources. Provided, however, that from the appropriation to the Department of Natural Resources, $145,032 is designated and committed for payments in accordance with House Bill 1526. Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $302,000 is specifically appropriated for the Heritage Trust Program through the issuance of not to exceed $3,473,000 in principal amount of General Obligation Debt. Provided, however, that of the above appropriation relative to Personal Services, $166,000 in State funds is designated and committed to upgrade Conservation Rangers. Section 27. Department of Offender Rehabilitation. A. Budget Unit: Department of Corrections $ 3,782,677 1. General Administration and Suport Budget: Personal Services $ 2,306,070 Regular Operating Expenses $ 441,302 Travel $ 144,630 Motor Vehicle Equipment Purchases $ 4,500 Publications and Printing $ 32,300 Equipment Purchases $ 103,480 Per Diem and Fees $ 100,500 Computer Charges $ 166,036 Inmate Release FundPayments and Clothing $ 320,000 Total Funds Budgeted $ 3,618,818 State Funds Budgeted $ 3,618,818 Total Positions Budgeted 200 2. Construction, Maintenance, and Special Projects Budget: Personal Services $ 116,859 Regular Operating Expenses $ 33,500 Travel $ 6,000 Motor Vehicle Equipment Purchases $ 4,000 Publications and Printing $ -0- Equipment Purchases $ 2,000 Per Diem and Fees $ 1,500 Computer Charges $ -0- Total Funds Budgeted $ 163,859 State Funds Budgeted $ 163,859 Total Positions Budgeted 8 Budget Unit Object Classes: Personal Services $ 2,422,929 Regular Operating Expenses $ 474,802 Travel $ 150,630 Motor Vehicle Equipment Purchases $ 8,500 Publications and Printing $ 32,300 Equipment Purchases $ 105,480 Per Diem and Fees $ 102,000 Computer Charges $ 166,036 Inmate Release FundPayments and Clothing $ 320,000 B. Budget Unit: Correctional Institutions $ 23,491,310 1. Georgia Training and Development Center Budget: Personal Services $ 860,868 Regular Operating Expenses $ 408,719 Travel $ 1,740 Motor Vehicle Equipment Purchases $ 17,000 Publications and Printing $ 102 Equipment Purchases $ 12,381 Per Diem and Fees $ 16,378 Computer Charges $ -0- Total Funds Budgeted $ 1,317,188 State Funds Budgeted $ 1,317,188 Total Positions Budgeted 80 2. Georgia Industrial Institute Budget: Personal Services $ 2,084,565 Regular Operating Expenses $ 1,248,171 Travel $ 11,142 Motor Vehicle Equipment Purchases $ 58,800 Publications and Printing $ 615 Equipment Purchases $ 32,015 Per Diem and Fees $ 12,283 Computer Charges $ -0- Capital Outlay $ 154,000 Total Funds Budgeted $ 3,601,591 State Funds Budgeted $ 3,601,591 Total Positions Budgeted 200 3. Georgia Diagnostic and Classification Center Budget: Personal Services $ 2,256,108 Regular Operating Expenses $ 874,316 Travel 4,094 Motor Vehicle Equipment Purchases $ 28,500 Publications and Printing $ 819 Equipment Purchases $ 39,900 Per Diem and Fees $ 42,275 Computer Charges $ -0- Capital Outlay $ 18,000 Authority Lease Rentals $ 640,000 Total Funds Budgeted $ 3,904,012 State Funds Budgeted $ 3,904,012 Total Positions Budgeted 225 4. Georgia State Prison Budget: Personal Services $ 4,795,450 Regular Operating Expenses $ 2,119,652 Travel $ 9,165 Motor Vehicle Equipment Purchases $ 54,000 Publications and Printing $ 1,535 Equipment Purchases $ 129,621 Per Diem and Fees $ 63,540 Computer Charges $ -0- Capital Outlay $ 50,000 Total Funds Budgeted $ 7,222,963 State Funds Budgeted $ 7,157,963 Total Positions Budgeted 469 5. Consolidated Branches Budget: Personal Services $ 4,765,454 Regular Operating Expenses $ 2,691,978 Travel $ 50,354 Motor Vehicle Equipment Purchases $ 111,360 Publications and Printing $ 3,572 Equipment Purchases $ 99,976 Per Diem and Fees $ 120,700 Computer Charges $ -0- Capital Outlay $ 8,000 Authority Lease Rentals $ 200,000 Total Funds Budgeted $ 8,051,394 State Funds Budgeted $ 7,510,556 Total Positions Budgeted 501 Budget Unit Object Classes: Personal Services $ 14,762,445 Regular Operating Expenses $ 7,342,836 Travel $ 76,495 Motor Vehicle Equipment Purchases $ 269,660 Publications and Printing $ 6,643 Equipment Purchases $ 313,893 Per Diem and Fees $ 255,176 Computer Charges $ -0- Capital Outlay $ 230,000 Authority Lease Rentals $ 840,000 C. Budget Unit: Department of Offender Rehabilitation $ 4,727,751 1. Administration and Federal Grants Budget: Personal Services $ 905,132 Regular Operating Expenses $ 152,521 Travel $ 71,973 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 800 Equipment Purchases $ 19,745 Per Diem and Fees $ 13,960 Computer Charges $ 7,490 Direct Benefits $ 74,400 Total Funds Budgeted $ 1,246,021 State Funds Budgeted $ 240,838 Total Positions Budgeted 89 2. ProbationParole Supervision Regional Operations Budget: Personal Services $ 3,937,416 Regular Operating Expenses $ 210,831 Travel $ 289,576 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,372 Equipment Purchases $ 40,000 Per Diem and Fees $ 7,718 Computer Charges $ -0- Total Funds Budgeted $ 4,486,913 State Funds Budgeted $ 4,486,913 Total Positions Budgeted 363 Budget Unit Object Classes: Personal Services $ 4,842,548 Regular Operating Expenses $ 363,352 Travel $ 361,549 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,172 Equipment Purchases $ 59,745 Per Diem and Fees $ 21,678 Computer Charges $ 7,490 Direct Benefits $ 74,400 D. Budget Unit: Board of Pardons and Paroles $ 422,647 Board of Pardons and Paroles Budget: Personal Services $ 368,800 Regular Operating Expenses $ 18,747 Travel $ 27,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,000 Equipment Purchases $ 3,600 Per Diem and Fees $ 2,500 Computer Charges $ -0- Total Funds Budgeted $ 422,647 State Funds Budgeted $ 422,647 Total Positions Budgeted 21 Budget Unit Object Classes: Personal Services $ 368,800 Regular Operating Expenses $ 18,747 Travel $ 27,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,000 Equipment Purchases $ 3,600 Per Diem and Fees $ 2,500 Computer Charges $ -0-

Page 1596

Section 28. Department of Public Safety. Budget Unit: Department of Public Safety $ 24,900,442 1. Office of Highway Safety Budget: Personal Services $ 240,121 Regular Operating Expenses $ 24,600 Travel $ 14,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 7,000 Equipment Purchases $ 3,000 Per Diem and Fees $ 1,000 Computer Charges $ 2,000 Total Funds Budgeted $ 291,721 State Funds Budgeted $ -0- Total Positions Budgeted 16 2. Commissioner's Office Budget: Personal Services $ 740,625 Regular Operating Expenses $ 107,955 Travel $ 16,140 Motor Vehicle Equipment Purchases $ 17,500 Publications and Printing $ 13,903 Equipment Purchases $ 2,800 Per Diem and Fees $ 47,410 Computer Charges $ -0- Total Funds Budgeted 946,333 State Funds Budgeted $ 821,333 Total Positions Budgeted 47 3. Staff Services Budget: Personal Services $ 557,837 Regular Operating Expenses $ 858,703 Travel $ 2,750 Motor Vehicle Equipment Purchases $ 6,800 Publications and Printing $ 29,441 Equipment Purchases $ 120,360 Per Diem and Fees $ 10,660 Computer Charges $ 158,210 Total Funds Budgeted $ 1,744,761 State Funds Budgeted $ 1,744,761 Total Positions Budgeted 62 4. Georgia State Patrol Budget: Personal Services $ 12,848,738 Regular Operating Expenses $ 2,070,637 Travel $ 50,400 Motor Vehicle Equipment Purchases $ 527,600 Publications and Printing $ 583,103 Equipment Purchases $ 153,594 Per Diem and Fees $ 130,000 Computer Charges $ 674,139 Total Funds Budgeted $ 17,038,211 State Funds Budgeted $ 16,594,307 Total Positions Budgeted 1,084 5. Division of InvestigationOperations Budget: Personal Services $ 2,566,133 Regular Operating Expenses $ 542,810 Travel $ 115,000 Motor Vehicle Equipment Purchases $ 192,000 Publications and Printing $ 12,950 Equipment Purchases $ 82,000 Per Diem and Fees $ 128,500 Computer Charges $ 8,500 Evidence Purchased $ 65,000 Total Funds Budgeted $ 3,712,893 State Funds Budgeted $ 3,204,601 Total Positions Budgeted 189 6. Crime Laboratory Budget: Personal Services $ 921,118 Regular Operating Expenses $ 146,339 Travel $ 17,000 Motor Vehicle Equipment Purchases $ 20,800 Publications and Printing $ 5,800 Equipment Purchases $ 193,500 Per Diem and Fees $ 24,700 Computer Charges $ -0- Total Funds Budgeted $ 1,329,257 State Funds Budgeted $ 1,299,257 Total Positions Budgeted 67 7. Georgia Crime Information Center Budget: Personal Services $ 1,189,377 Regular Operating Expenses $ 508,363 Travel $ 21,000 Motor Vehicle Equipment Purchases $ 12,000 Publications and Printing $ 25,000 Equipment Purchases $ 30,000 Per Diem and Fees $ 10,000 Computer Charges $ 850,000 Total Funds Budgeted $ 2,645,740 State Funds Budgeted $ 1,236,183 Total Positions Budgeted 140 Budget Unit Object Classes: Personal Services $ 19,063,949 Regular Operating Expenses $ 4,259,407 Travel $ 236,290 Motor Vehicle Equipment Purchases $ 776,700 Publications and Printing $ 677,197 Equipment Purchases $ 585,254 Per Diem and Fees $ 352,270 Computer Charges $ 1,692,849 Evidence Purchase $ 65,000

Page 1599

Provided, that the Director of the Department of Public Safety is hereby authorized to pay dues for Georgia's portion of the cost of the membership in the Vehicle Equipment Safety Compact, the American Association of Motor Vehicle Administrators, and the International Association of Chiefs of Police (State and Provincial Police). Section 29. Public School Employees' Retirement System. Budget Unit: Public School Employees' Retirement System $ 7,396,000 Departmental Operations Budget: Regular Operating Expenses $ 137,000 Employer Contributions $ 7,259,000 Total Funds Budgeted $ 7,396,000 State Funds Budgeted $ 7,396,000 Budget Unit Object Classes: Regular Operating Expenses $ 137,000 Employer Contributions $ 7,259,000

Page 1600

Section 30. Public Service Commission. Budget Unit: Public Service Commission $ 2,068,947 1. Administration Budget: Personal Services $ 446,115 Regular Operating Expenses $ 18,550 Travel $ 4,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,500 Equipment Purchases $ 3,200 Per Diem and Fees $ 15,000 Computer Charges $ -0- Total Funds Budgeted $ 488,865 State Funds Budgeted $ 488,865 Total Positions Budgeted 27 2. Transportation Budget: Personal Services $ 476,042 Regular Operating Expenses $ 107,800 Travel $ 35,000 Motor Vehicle Equipment Purchases $ 12,000 Publications and Printing $ 9,700 Equipment Purchases $ 18,500 Per Diem and Fees $ 3,000 Computer Charges $ -0- Total Funds Budgeted $ 662,042 State Funds Budgeted $ 662,042 Total Positions Budgeted 44 3. Utilities Budget: Personal Services $ 691,840 Regular Operating Expenses $ 132,150 Travel $ 27,000 Motor Vehicle Equipment Purchases $ 12,000 Publications and Printing $ 9,000 Equipment Purchases $ 35,050 Per Diem and Fees $ 36,000 Computer Charges $ -0- Total Funds Budgeted $ 943,040 State Funds Budgeted $ 918,040 Total Positions Budgeted 53 Budget Unit Object Classes: Personal Services $ 1,613,997 Regular Operating Expenses $ 258,500 Travel $ 66,500 Motor Vehicle Equipment Purchases $ 24,000 Publications and Printing $ 20,200 Equipment Purchases $ 56,750 Per Diem and Fees $ 54,000 Computer Charges $ -0-

Page 1601

Section 31. Regents, University System of Georgia. A. Budget Unit: Resident Instruction and University System Institutions $ 253,321,707 1. Resident Instruction Budget: Personal Services $ 218,561,333 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, and Computer Charges $ 62,143,000 Teachers' Retirement $ 16,200,500 Capital Outlay $ 1,500,000 Authority Lease Rentals $ 22,739,136 General Obligation Bonds $ 2,000,000 Total Funds Budgeted $ 323,143,969 State Funds Budgeted $ 223,092,166 Total Positions Budgeted 14,987

Page 1602

Provided, that from the above appropriated amount, $1,000,000 is specifically appropriated for the purposes 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 from appropriated funds in A, the amount of $24,739,136 in F.Y. 1975 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

Page 1603

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 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, 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. 2. Marine Resources Extension Center Budget: Personal Services $ 231,000 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, and Computer Charges $ 93,000 Total Funds Budgeted $ 324,000 State Funds Budgeted $ 324,000 Total Positions Budgeted 24 3. Skidaway Institute of Oceanography Budget: Personal Services $ 725,000 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, and Computer Charges $ 575,000 Total Funds Budgeted $ 1,300,000 State Funds Budgeted $ 537,000 Total Positions Budgeted 36 4. Engineering Experiment Station Budget: Personal Services $ 6,384,800 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, and Computer Charges $ 1,994,200 Total Funds Budgeted $ 8,379,000 State Funds Budgeted $ 2,204,000 Total Positions Budgeted 208 5. Engineering Extension Division Budget: Personal Services $ 652,000 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, and Computer Charges $ 236,000 Total Funds Budgeted $ 888,000 State Funds Budgeted $ 338,500 Total Positions Budgeted 61 6. Agricultural Experiment Stations Budget: Personal Services $ 9,841,976 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, and Computer Charges $ 4,102,024 Total Funds Budgeted $ 13,944,000 State Funds Budgeted $ 8,894,000 Total Positions Budgeted 788 7. Cooperative Extension Service Budget: Personal Services $ 13,482,624 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, and Computer Charges $ 2,286,072 Total Funds Budgeted $ 15,768,696 State Funds Budgeted $ 8,243,041 Total Positions Budgeted 941 8. Talmadge Memorial Hospital Budget: Personal Services $ 13,589,000 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, and Computer Charges $ 4,200,000 Total Funds Budgeted $ 17,789,000 State Funds Budgeted $ 9,689,000 Total Positions Budgeted 1,711 Budget Unit Object Classes: Personal Services $ 263,467,733 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, and Computer Charges $ 75,629,296 Teachers' Retirement $ 16,200,500 Capital Outlay $ 1,500,000 Authority Lease Rentals $ 22,739,136 General Obligation Bonds $ 2,000,000 B. Budget Unit: Regents Central Office $ 6,025,500 Regents Central Office Budget: Personal Services $ 1,649,400 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, and Computer Charges $ 994,500 Medical Scholarships $ 345,000 Regents Scholarships $ 200,000 Grants to Junior Colleges $ 2,839,000 Total Funds Budgeted $ 6,027,900 State Funds Budgeted $ 6,025,500 Total Positions Budgeted 112 Provided, that from the above appropriation relating to Regents Central Office, $4,000 is designated and committed for two additional student grants for the Southern College of Optometry in SREE payments. Budget Unit Object Classes: Personal Services $ 1,649,400 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, and Computer Charges $ 994,500 Medical scholarships $ 345,000 Regents scholarships $ 200,000 Grants to Junior Colleges $ 2,839,000

Page 1607

Section 32. Department of Revenue. Budget Unit: Department of Revenue $ 22,606,487 1. Executive Administration Budget: Personal Services $ 892,734 Regular Operating Expenses $ 602,691 Travel $ 14,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 194,173 Equipment Purchases $ 1,000 Per Diem and Fees $ 23,800 Computer Charges $ 30,000 Total Funds Budgeted $ 1,758,398 State Funds Budgeted $ 1,758,398 Total Positions Budgeted 33 2. Internal Administration Budget: Personal Services $ 777,219 Regular Operating Expenses $ 25,695 Travel $ 1,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 6,736 Equipment Purchases $ 2,500 Per Diem and Fees $ 1,000 Computer Charges $ 62,859 Total Funds Budgeted $ 877,509 State Funds Budgeted $ 877,509 Total Positions Budgeted 70 3. Property Tax Budget: Personal Services $ 826,911 Regular Operating Expenses $ 19,685 Travel $ 64,682 Motor Vehicle Equipment Purchases $ 17,000 Publications and Printing $ 82,000 Equipment Purchases $ 3,600 Per Diem and Fees $ 45,000 Computer Charges $ 1,285,000 Loans to Counties/Property Reevaluation $ 325,000 Grants to Counties/Appraisal Staff $ 860,000 Total Funds Budgeted $ 3,528,878 State Funds Budgeted $ 3,327,878 Total Positions Budgeted 71 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 $201,000 in F.Y. 1975. Such amount shall be available for further tax evaluation loans to counties. 4. Sales Taxation Budget: Personal Services $ 762,121 Regular Operating Expenses $ 66,220 Travel $ 7,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 42,400 Equipment Purchases $ 5,000 Per Diem and Fees $ -0- Computer Charges $ 260,875 Total Funds Budgeted $ 1,143,616 State Funds Budgeted $ 1,143,616 Total Positions Budgeted 77 5. Motor Fuel Taxation Budget: Personal Services $ 338,205 Regular Operating Expenses $ 4,490 Travel $ 2,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 43,384 Equipment Purchases $ 2,000 Per Diem and Fees $ 100 Computer Charges $ 78,437 Total Funds Budgeted $ 469,116 State Funds Budgeted $ 469,116 Total Positions Budgeted 35 6. Income Taxation Budget: Personal Services $ 1,120,381 Regular Operating Expenses $ 139,874 Travel $ 6,507 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 178,843 Equipment Purchases $ 2,500 Per Diem and Fees $ -0- Computer Charges $ 1,305,192 Total Funds Budgeted $ 2,753,297 State Funds Budgeted $ 2,753,297 Total Positions Budgeted 109 7. Alcohol and Tobacco Taxation Budget: Personal Services $ 1,442,984 Regular Operating Expenses $ 206,168 Travel $ 47,032 Motor Vehicle Equipment Purchases $ 109,000 Publications and Printing $ 13,472 Equipment Purchases $ 7,500 Per Diem and Fees $ 18,200 Computer Charges $ 69,796 Total Funds Budgeted $ 1,914,152 State Funds Budgeted $ 1,914,152 Total Positions Budgeted 121 Provided, however, that from the appropriation to the Department of Revenue, $75,000 is designated and committed for payments in accordance with House Bill 1526. 8. Motor Vehicle Registration Budget: Personal Services $ 1,766,832 Regular Operating Expenses $ 240,145 Travel $ 6,212 Motor Vehicle Equipment Purchases $ 14,502 Publications and Printing $ 207,128 Equipment Purchases $ 12,800 Per Diem and Fees $ -0- Computer Charges $ 1,545,320 Total Funds Budgeted $ 3,792,939 State Funds Budgeted $ 3,792,939 Total Positions Budgeted 207 9. Central Audit Budget: Personal Services $ 1,172,385 Regular Operating Expenses $ 42,993 Travel $ 148,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 8,000 Equipment Purchases $ 16,000 Per Diem and Fees $ 1,000 Computer Charges $ 5,000 Total Funds Budgeted $ 1,393,878 State Funds Budgeted $ 1,393,878 Total Positions Budgeted 82 10. Field Audit Services Budget: Personal Services $ 2,724,143 Regular Operating Expenses $ 121,750 Travel $ 219,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 11,918 Equipment Purchases $ 24,573 Per Diem and Fees $ 2,000 Computer Charges $ 5,000 Total Funds Budgeted $ 3,108,384 State Funds Budgeted $ 3,108,384 Total Positions Budgeted 231 11. Motor Vehicle Tag Purchases Budget: Motor Vehicle Tag Purchases $ 1,794,000 Motor Vehicle Decal Purchases $ 246,400 Totals Funds Budgeted $ 2,040,400 State Funds Budgeted $ 2,040,400 Total Positions Budgeted -0- Provided, that of the above appropriated amount relating to motor vehicle tag purchases, $1,794,000 is designated and committed for use in contracting with the Department of Offender Rehabilitation for the production of at least 3,900,000 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. 12. Intangible Tax Equalization Fund Budget: Intangible Tax Equalization Fund $ 26,920 Total Funds Budgeted $ 26,920 State Funds Budgeted $ 26,920 Total Positions Budgeted -0- Provided, that of the above appropriation, $26,920 is designated and committed for the cost of the Intangible Tax Equalization Fund provided for in an Act approved April 17, 1973 (Ga. L. 1973, p. 924), to be administered by the State Revenue Commissioner as provided therein. Budget Unit Object Classes: Personal Services $ 11,823,915 Regular Operating Expenses $ 1,469,711 Travel $ 516,933 Motor Vehicle Equipment Purchases $ 140,502 Publications and Printing $ 788,054 Equipment Purchases $ 77,473 Per Diem and Fees $ 91,100 Computer Charges $ 4,647,479 Loans to Counties/Property Reevaluation $ 325,000 Grants to Counties/Appraisal Staff $ 860,000 Motor Vehicle Tag Purchases $ 1,794,000 Motor Vehicle Decal Purchases $ 246,400 Intangible Tax Equalization Fund $ 26,920

Page 1612

Section 33. Secretary of State. Budget Unit: Secretary of State $ 5,732,706 1. Occupational Certification Budget: Personal Services $ 1,065,593 Regular Operating Expenses $ 371,167 Travel $ 135,036 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 50,000 Equipment Purchases $ 40,000 Per Diem and Fees $ 125,000 Computer Charges $ -0- Total Funds Budgeted $ 1,786,796 State Funds Budgeted $ 1,786,796 Total Positions Budgeted 113 2. Securities Regulation Budget: Personal Services $ 159,562 Regular Operating Expenses $ 17,000 Travel $ 12,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,000 Equipment Purchases $ 6,000 Per Diem and Fees $ -0- Computer Charges $ -0- Total Funds Budgeted $ 196,562 State Funds Budgeted $ 196,562 Total Positions Budgeted 12 3. Corporations Regulation Budget: Personal Services $ 190,647 Regular Operating Expenses $ 72,306 Travel $ 500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 4,000 Equipment Purchases $ 3,600 Per Diem and Fees $ -0- Computer Charges $ -0- Total Funds Budgeted $ 271,053 State Funds Budgeted $ 271,053 Total Positions Budgeted 20 4. Pharmacy Regulation Budget: Personal Services $ 209,339 Regular Operating Expenses $ 4,700 Travel $ 40,680 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 500 Equipment Purchases $ 500 Per Diem and Fees $ 500 Computer Charges $ -0- Total Funds Budgeted $ 256,219 State Funds Budgeted $ 256,219 Total Positions Budgeted 13 5. Archives and Records Budget: Personal Services $ 996,268 Regular Operating Expenses $ 116,309 Travel $ 6,400 Motor Vehicle Equipment Purchases $ 3,500 Publications and Printing $ 23,000 Equipment Purchases $ 16,500 Per Diem and Fees $ -0- Computer Charges $ -0- Authority Lease Rentals $ 815,000 Total Funds Budgeted $ 1,976,977 State Funds Budgeted $ 1,976,977 Total Positions Budgeted 89 6. General Services Budget: Personal Services $ 366,404 Regular Operating Expenses $ 64,000 Travel $ 7,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 65,000 Equipment Purchases $ 5,000 Per Diem and Fees $ 4,000 Computer Charges $ -0- Total Funds Budgeted $ 511,404 State Funds Budgeted $ 511,404 Total Positions Budgeted 31 7. Internal Administration Budget: Personal Services $ 368,068 Regular Operating Expenses $ 80,700 Travel $ 4,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 100,000 Equipment Purchases $ 5,000 Per Diem and Fees $ -0- Computer Charge $ -0- Total Funds Budgeted $ 557,768 State Funds Budgeted $ 557,768 Total Positions Budgeted 27 8. Bicentennial Commission Budget: Personal Services $ 48,599 Regular Operating Expenses $ 11,606 Travel $ 3,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,200 Equipment Purchases $ 500 Per Diem and Fees $ -0- Computer Charges $ -0- Total Funds Budgeted $ 66,905 State Funds Budgeted $ 66,905 Total Positions Budgeted 3 9. State Building Administrative Board Budget: Personal Services $ 30,022 Regular Operating Expenses $ 3,000 Travel $ 5,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 66,000 Equipment Purchases $ 2,000 Per Diem and Fees $ 3,000 Computer Charges $ -0- Total Funds Budgeted $ 109,022 State Funds Budgeted $ 109,022 Total Positions Budgeted 6 Budget Unit Object Classes: Personal Services $ 3,434,502 Regular Operating Expenses $ 740,788 Travel $ 213,616 Motor Vehicle Equipment Purchases $ 3,500 Publications and Printing $ 313,700 Equipment Purchases $ 79,100 Per Diem and Fees $ 132,500 Computer Charges $ -0- Authority Lease Rentals $ 815,000

Page 1615

Provided, that of the above appropriation, $10,000 is designated and committed for a study of land lot lines in Cobb County.

Page 1616

Section 34. State Scholarship Commission. Budget Unit: State Scholarship Commission $ 8,349,078 1. Internal Administration Activity Budget: Personal Services $ 578,078 Regular Operating Expenses $ 110,447 Travel $ 15,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 10,050 Equipment Purchases $ 5,765 Per Diem and Fees $ 6,200 Computer Charges $ 173,838 Total Funds Budgeted $ 899,878 State Funds Budgeted $ 655,078 Total Positions Budgeted 49 2. Higher Education Assistance Corporation Budget: Payments of Interest $ 296,000 Total Funds Budgeted $ 296,000 State Funds Budgeted $ 296,000 Total Positions Budgeted -0- 3. Higher Education Assistance Authority Budget: Direct Guaranteed Loans $ 1,995,000 Tuition Equalization Grants $ 4,558,000 State Student Incentive Scholarships $ 1,280,000 Total Funds Budgeted $ 7,833,000 State Funds Budgeted $ 7,358,000 Total Positions Budgeted -0- 4. Law Enforcement Personnel Dependents Scholarship Program Budget: Law Enforcement Personnel Dependents Scholarships $ 40,000 Total Funds Budgeted $ 40,000 State Funds Budgeted $ 40,000 Total Positions Budgeted -0- Budget Unit Object Classes: Personal Services $ 578,078 Regular Operating Expenses $ 110,447 Travel $ 15,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 10,050 Equipment Purchases $ 5,765 Per Diem and Fees $ 6,200 Computer Charges $ 173,838 Payment of Interest $ 296,000 Direct Guaranteed Loans $ 1,995,000 Tuition Equalization Grants $ 4,558,000 State Student Incentive Scholarships $ 1,280,000 Law Enforcement Personnel Dependents Scholarships $ 40,000

Page 1617

Provided, that of the above appropriated amount relative to direct guaranteed loans an amount not to exceed $12,000 is designated and committed for the purpose of providing stipends for training recruitment and counselor personnel in health career fields. Provided, that of the above appropriated amount relative to direct guaranteed loans an amount not less than $1,224,000 is designated and committed for the purpose of providing loans under the guaranteed student loan program to students in paramedical, professional and educational fields of study which shall be repayable in cash with interest at seven percent per annum or by practice in a field and in a community or site of employment approved by the Scholarship Commission as provided for in Ga. Laws 1965, p. 210, as amended. Provided, that of the above appropriated amount relative to scholarships $40,000 is designated and committed solely for the purpose of providing scholarships to children of

Page 1618

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 $4,558,000 is appropriated for tuition equalization grants to students attending private colleges as provided in Ga. L. 1971, p. 906. Provided, that the above appropriated amount relative to State student incentive scholarships is designated and committed for the purpose of providing incentive scholarships of not more than $450 per academic year to students at the undergraduate level pursuant to provisions of Section 415 (A through D) of Subpart 3, Part A of Title IV of the Higher Education Act of 1965, as amended, particularly as amended by the Education Amendments of 1972 (P.L. 92-318), and pursuant to regulations prescribed by the Georgia Higher Education Assistance Authority. Residents of Georgia for a period of at least twelve months immediately preceding their date of registration in a branch of the University System of Georgia, a private college or university which is an approved institution under Ga. Laws 1971, p. 906, as amended, a college or university receiving State funds under the Junior College Act of 1958, as amended, a State-supported vocational-technical school, or in an accredited or approved nonprofit hospital school of nursing, providing such postsecondary educational institution is located in the State of Georgia, shall be eligible to make application for a State student incentive scholarship. Depending upon the amount of Federal or State funds available for this purpose, priority in the award of State student incentive scholarships shall be given, first, to first-year students, second, to second-year students, third, to third-year students; and fourth, to undergraduate students, without regard to their field of study. Georgia Veteran Students otherwise eligible and qualifying to receive a student incentive scholarship under this program shall have priority and be eligible to receive a scholarship without regard to their undergraduate academic level or classification, provided, however, such priority for veterans shall only apply to $480,000 of the funds appropriated to Student Incentive Scholarships.

Page 1619

Section 35. Soil and Water Conservation Committee. Budget Unit: Soil and Water Conservation Committee $ 406,909 Soil and Water Conservation Committee Budget: Personal Services $ 152,665 Regular Operating Expenses $ 176,989 Travel $ 20,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 5,355 Equipment Purchases $ 1,400 Per Diem and Fees $ 50,000 Computer Charges $ -0- Total Funds Budgeted $ 406,909 State Funds Budgeted $ 406,909 Total Positions Budgeted 11 Budget Unit Object Classes: Personal Services $ 152,665 Regular Operating Expenses $ 176,989 Travel $ 20,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 5,355 Equipment Purchases $ 1,400 Per Diem and Fees $ 50,000 Computer Charges $ -0- Section 36. Teacher's Retirement System. Budget Unit: Teacher's Retirement System $ 1,500,000 Departmental Operations Budget: Personal Services $ 448,412 Regular Operating Expenses $ 42,300 Travel $ 14,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 9,100 Equipment Purchases $ 9,000 Per Diem and Fees $ 178,400 Computer Charges $ 131,700 Employer Contributions $ 1,500,000 Total Funds Budgeted $ 2,333,412 State Funds Budgeted $ 1,500,000 Total Positions Budgeted 37 Budget Unit Object Classes: Personal Services $ 448,412 Regular Operating Expenses $ 42,300 Travel $ 14,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 9,100 Equipment Purchases $ 9,000 Per Diem and Fees $ 178,400 Computer Charges $ 131,700 Employer Contributions $ 1,500,000

Page 1620

Provided, that of the above appropriation relating to Employer Contributions, $1,500,000 is designated and committed to fund S. B. 535. Section 37. Department of Transportation. Budget Unit: Department Transportation $ 245,812,454 1. Planning and Construction Budget: Personal Services $ 53,574,189 Regular Operating Expenses $ 6,297,915 Travel $ 2,680,040 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 26,275 Equipment Purchases $ -0- Per Diem and Fees $ -0- Computer Charges $ -0- Capital Outlay $ 157,915,587 Total Funds Budgeted $ 220,494,006 State Funds Budgeted $ 114,798,322 Total Positions Budgeted 4,445 2. Maintenance and Betterments Budget: Personal Services $ 32,517,127 Regular Operating Expenses $ 16,134,301 Travel $ 347,680 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,510 Equipment Purchases $ -0- Per Diem and Fees $ -0- Computer Charges $ -0- Capital Outlay $ 11,591,280 Total Funds Budgeted $ 60,591,898 State Funds Budgeted $ 60,591,898 Total Positions Budgeted 4,663 3. Authorities Budget: State of Georgia General Obligation Debt Sinking Fund/Authority Lease Rentals $ 32,474,681 Total Funds Budgeted $ 32,474,681 State Funds Budgeted $ 32,474,681 4. Facilities and Equipment Budget: Motor Vehicle Equipment Purchases $ 2,799,095 Equipment Purchases $ 1,221,075 Capital Outlay $ 1,596,600 Total Funds Budgeted $ 5,616,770 State Funds Budgeted $ 5,000,000 5. Assistance to Counties Budget: Grants to Counties $ 9,317,013 Total Funds Budgeted $ 9,317,013 State Funds Budgeted $ 9,317,013 6. Tollways Facilities Budget: Personal Services $ 151,391 Regular Operating Expenses $ 2,094,182 Travel $ 2,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 5,000 Equipment Purchases $ -0- Per Diem and Fees $ -0- Computer Charges $ -0- Total Funds Budgeted $ 2,252,573 State Funds Budgeted $ 2,252,573 Total Positions Budgeted 10 7. Administration Budget: Personal Services $ 5,331,069 Regular Operating Expenses $ 1,911,163 Travel $ 346,021 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 370,060 Equipment Purchases $ -0- Per Diem and Fees $ 7,200 Computer Charges $ 1,600,000 Total Funds Budgeted $ 9,565,513 State Funds Budgeted $ 9,565,513 Total Positions Budgeted 436

Page 1622

Appropriation on State funds in the foregoing Department of Transportation budgets 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

Page 1623

on the records of the State as being the appropriation payable in lieu of the amount appropriated herein. Provided, however, that objects for Activities financed by Motor Fuel Tax including Planning and Construction, Maintenance and Betterments, Authority Lease Rentals, General Obligation Debt Sinking Fund Payments, Administration, Tollways Facilities and Grants to Counties, may be adjusted for any additional appropriations and/or balances appropriated and brought forward from previous years as requested by the Department of Transportation and approved by the Office of Planning and Budget. Provided, further, that the Department of Transportation is authorized and directed to transfer to Personal Services from other object classes such funds as are required to fund the five percent cost-of-living adjustment contemplated in this Act, subject only to prior approval by the Office of Planning and Budget. 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

Page 1624

bridges, and the costs incident thereto provided all expenditures for county contracts shall be in accordance with and on the basis of average prices 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. 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 Obligations 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 Georga 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

Page 1625

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. 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. For grants to counties for aid in county road construction and maintenance to be distributed and disbursed to 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. 8. Assistant to Municipalities Budget: Grants to Municipalities $ 9,317,000 Total Funds Budgeted $ 9,317,000 State Funds Budgeted $ 9,317,000 For grants to municipalities for Capital Outlay in accordance with an Act approved March 31, 1965 (Ga. Laws 1965, p. 458), as amended.

Page 1626

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. 9. Air Transportation Budget: Personal Services $ 287,345 Regular Operating Expenses $ 278,220 Travel $ 6,800 Motor Vehicle Equipment Purchases $ 46,500 Publications and Printing $ 300 Equipment Purchases $ 17,400 Per Diem and Fees $ 5,000 Computer Charges $ -0- Total Funds Budgeted $ 641,565 State Funds Budgeted $ 441,565 Total Positions Budgeted 18 10. Inter-Modal Transfer Facilities Budget: Personal Services $ 253,509 Regulating Operating Expenses $ 537,280 Travel $ 16,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 14,500 Equipment Purchases $ 6,600 Per Diem and Fees $ -0- Computer Changes $ -0- Capital Outlay $ 976,000 Total Funds Budgeted $ 1,803,889 State Funds Budgeted $ 1,803,889 Total Positions Budgeted 19 11. Harbor Maintenance Budget: Harbor Maintenance Payments $ 250,000 Total Funds Budgeted $ 250,000 State Funds Budgeted $ 250,000 Budget Unit Object Classes: Personal Services $ 92,114,630 Regular Operating Expenses $ 27,253,061 Travel $ 3,398,541 Motor Vehicle Equipment Purchases $ 2,845,595 Publications and Printing $ 417,645 Equipment Purchases $ 1,245,075 Per Diem and Fees $ 12,200 Computer Charges $ 1,600,000 Capital Outlay $ 172,079,467 Grants to Municipalities $ 9,317,000 Harbor Maintenance Payments $ 250,000 Grants to Counties $ 9,317,013 State of Georgia General Obligation Debt Sinking Fund/Authority Lease Rentals $ 32,474,681

Page 1627

For the general administrative expenses of airport development, mass transit planning and development, the promotion of aviation safety, the provision of air transportation services, and for contractual expense for harbor maintenance. 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

Page 1628

a maximum of 12% 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. Provided, further, that the Department of Transportation is authorized to utilize State Airport Development Funds at 100% of the total cost of an individual airport project for airports owned by the State of Georgia. Provided, that the entire amount of the above allocation for harbor maintenance payments is designated and committed for payment for harbor maintenance at Savannah. Section 38. Department of Veterans Service. Budget Unit: Department of Veterans Service $ 6,717,787 1. Veterans Assistance Budget: Personal Services $ 1,827,478 Regular Operating Expenses $ 106,773 Travel $ 62,357 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 20,659 Equipment Purchases 5 12,931 Per Diem and Fees $ 7,800 Computer Charges $ -0- Grants to Confederate Widows $ 25,118 Total Funds Budgeted $ 2,063,116 State Funds Budgeted $ 1,834,357 Total Positions Budgeted 172 2. Veterans Home and Nursing FacilityMilledgeville Budget: Personal Services $ 73,961 Regular Operating Expenses $ 28,000 Travel $ 1,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 22,000 Per Diem and Fees $ 2,300 Computer Charges $ -0- Operating Expenses/Payments to Central State Hospital $ 3,771,175 Capital Outlay $ 3,250,000 Total Funds Budgeted $ 7,148,436 State Funds Budgeted $ 3,615,721 Total Positions Budgeted 7 3. Veterans Nursing HomeAugusta Budget: Operating Expense/Payments to Medical College of Georgia $ 1,655,339 Total Funds Budgeted $ 1,655,339 State Funds Budgeted $ 1,267,709 Total Positions Budgeted -0- Budget Unit Object Classes: Personal Services $ 1,901,439 Regular Operating Expenses $ 134,773 Travel $ 63,357 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 20,659 Equipment Purchases $ 34,931 Per Diem and Fees $ 10,100 Computer Charges $ -0- Grants to Confederate Widows $ 25,118 Operating Expense/Payments to Central State Hospital $ 3,771,175 Operating Expense/Payments to Medical College of Georgia $ 1,655,339 Capital Outlay $ 3,250,000

Page 1629

Section 39. Workmen's Compensation Board. Budget Unit: Workmen's Compensation Board $ 1,543,062 Departmental Operations Budget: Personal Services $ 1,255,862 Regular Operating Expenses $ 168,800 Travel $ 26,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 10,000 Equipment Purchases $ 57,500 Per Diem and Fees $ 5,000 Computer Charges $ 19,400 Total Funds Budgeted $ 1,543,062 State Funds Budgeted $ 1,543,062 Total Positions Budgeted 91 Budget Unit Object Classes: Personal Services $ 1,255,862 Regular Operating Expenses $ 168,800 Travel $ 26,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 10,000 Equipment Purchases $ 57,500 Per Diem and Fees $ 5,000 Computer Charges $ 19,400

Page 1630

Section 40. In addition to all other appropriations contained in this Act, there is hereby appropriated to the Working Reserve Fund the amount of $22,641,254.13. Section 41. In addition to all other appropriations contained in this Act, there is hereby appropriated to the Department of Offender Rehabilitation for Capital Outlay purposes the amount of $3,358,745.87. Section 42. The appropriations in section 40 and section 41 shall not be allotted or disbursed prior to August 31, 1974, and are hereby declared to be null and void if one or more of the following conditions exist as of August 1, 1974: 1. The State's grand total receipts from State revenue collections as depicted in the State of Georgia Summary Statement of Financial Condition and Statements of Receipts and Allotments, June 30, 1974, is less than $1,504,000,000.

Page 1631

2. The State's total net motor fuel tax collections for the months of May, June, and July of 1974 are less than $58,238,867.91. 3. The simple arithmetic average of the United States Consumer Price Index as published by the United States Bureau of Labor Statistics for the months of May and June, 1974, is less than 1.015 times the corresponding average for the months of February, March, and April of 1974. 4. The simple arithmetic average of the respective ratios of net State sales tax collections to net total State collections by the Department of Revenue for the months of May, June and July, 1974, is more than.390. Section 43. In addition to all other 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 motor fuel shall be entitled to a refund covering shrinkage in the process of retailing motor fuel is authorized by Act of Georgia General Assembly of 1947 (Ga. Laws 1947, p. 1115), by virtue of the said wholesale distributor being engaged in retailing motor fuel. 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, 1974, 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

Page 1632

from other funds appropriated to the department, agency or institutions 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 programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the regular 1974 session, except as otherwise specified in this Act; provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs, and activities subject to the conditions that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropriation, nor which would require operating funds or capital outlay funds beyond fiscal year 1975, and provided, further, that no funds whatsoever shall be transferred between objects without the prior approval of at least eleven (11) members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved 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

Page 1633

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 Budget Unit Object Classes is used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit, and shall supersede the object classification shown in the Budget Report for F.Y. 1975 submitted to the 1974 Georgia General Assembly. 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 nonrecurring nature. Section 48. 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. 1975 $1,736,675,802.75. Section 49. An Act providing appropriations for the Fiscal Year 1973-74, known as the General Appropriations Act, approved April 19, 1973 (Ga. L. 1973, p. 1353), as amended by an Act passed at the regular 1974 session of the General Assembly originally introduced as House Bill 1376, is hereby amended by striking from quoted Section 13, as contained in Section 1 of the aforesaid Act originally introduced as House Bill 1376, the following: Operations $ 11,705,219, and inserting in lieu thereof the following: Operations $ 11,805,219,

Page 1634

and by striking the following: Operating ExpenseWorld Congress Center $ 100,000, and inserting in lieu thereof the following: Operating ExpenseWorld Congress Center $ 200,000. Section 50. An Act providing appropriations for the fiscal year 1973-74, known as the General Appropriations Act, approved April 19, 1973 (Ga. L. 1973, p. 1353), as amended by an Act passed at the regular 1974 session of the General Assembly originally introduced as House Bill 1376, is hereby amended by striking from quoted Section 22 as contained in Section 1 of the aforesaid Act originally introduced as House Bill 1376, the following: Operations $294,840,518, and inserting in lieu thereof the following: Operations $289,840,518, and by striking the following: Grants $ 72,185,835, and inserting in lieu thereof the following: Grants $ 67,185,835, and by striking the following: 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.

Page 1635

Section 51. An Act providing appropriations for the fiscal year 1973-74, known as the General Appropriations Act, approved April 19, 1973 (Ga. L. 1973, p. 1353), as amended by an Act passed at the regular 1974 session of the General Assembly originally introduced as House Bill 1376, is hereby amended by striking from quoted Section 28 as contained in section 1 of the aforesaid Act originally introduced as House Bill 1376, the following: Operations $ 23,844,647, and inserting in lieu thereof the following: Operations $ 20,485,901.13, and by striking the following: Capital Outlay $ 12,707,000, and inserting in lieu thereof the following: Capital Outlay $ 9,348,254.13, and by striking the following: Capital Outlay $ 12,707,000, and inserting in lieu thereof the following: Capital Outlay $ 9,348,254.13. Section 52. An Act providing appropriations for the fiscal year 1973-74, known as the General Appropriations Act, approved April 19, 1973 (Ga. L. 1973, p. 1353), as amended by an Act passed at the regular 1974 session of the General Assembly originally introduced as House Bill 1376, is hereby amended by striking from Section 2 of the aforesaid Act originally introduced as House Bill 1376, the following: $1,675,135,460.81,

Page 1636

and inserting in lieu thereof the following: $1,666,876,714.94. Section 53. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 54. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 2, 1974, except for line items vetoed. GEORGIA HALL OF FAME COMMISSION ESTABLISHED. No. 181 (House Resolution No. 713). A Resolution. Creating the Georgia Hall of Fame Commission; and for other purposes. Whereas, the State of Georgia has produced many famous people throughout its great history; and Whereas, it would be an appropriate tribute to its famous sons and daughters and of great benefit to the people of Georgia and visitors to the State for the State to establish the Georgia Hall of Fame; and Whereas, Augusta, Georgia, home of the Masters Golf Tournament, would be an ideal location for the Georgia Hall of Fame; and Whereas, such a Hall of Fame would be an asset to the State of Georgia as an inspiration to the young people of our State, an educational exhibit and pride-inspiring shrine; and

Page 1637

Whereas, such a Hall of Fame would be an outstanding tourist asset to our State and would bring recognition to Georgia and Augusta-Richmond County on a State and National basis; and Whereas, it is the desire and hope that such a Hall of Fame would become a reality during the celebration of our National Bicentennial. Now, therefore, be it resolved by the General Assembly of Georgia that the Georgia Hall of Fame Commission is hereby created, and the Commission is authorized and directed 1. to coordinate State and local efforts to establish the Georgia Hall of Fame at Augusta, Georgia, and 2. to expend municipal, county and State funds appropriated to the Commission, and 3. to do such other things as may be necessary or convenient to enable the Commission to fully and effectively exercise its powers, perform its duties and accomplish the objectives and purposes of this Resolution. Be it further resolved that the Governor, the Mayor and Council of Augusta, Georgia, and the Board of Commissioners of Richmond County are hereby authorized and directed to appoint five members each to the Commission. Be it further resolved that the Governor and other appropriate State officials are hereby authorized and directed to cooperate to the fullest extent with the Commission to establish a Georgia Hall of Fame at Augusta, Georgia during the National Bicentennial Celebration. Be it further resolved that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appropriate copy of this Resolution to the Governor of the State of Georgia; to the Mayor and Council of Augusta, Georgia; and to the Board of Commissioners of Richmond County, Georgia. Approved April 2, 1974.

Page 1638

LAND CONVEYANCE TO CITY OF MONTEZUMA AUTHORIZED. No. 182 (House Resolution No. 483-1394). A Resolution. Authorizing the conveyance of certain real estate located in the City of Montezuma in Macon County, Georgia; and for other purposes. Whereas, on the 14th day of February, 1957, the City of Montezuma, a municipal corporation in the County of Macon, deeded to the State of Georgia a tract of land for and in consideration of $1.00 and other valuable consideration; said deed of conveyance having been recorded in Book 3-Q, p. 511, Macon County Deed Records on the 25th day of February, 1957; and Whereas, the City of Montezuma, County of Macon, deeded said property to the State of Georgia to be used by the State of Georgia and the Department of Corrections for establishment and operation of a prison branch; and Whereas, said property is no longer needed by the State of Georgia or by the Department of Offender Rehabilitation; and Whereas, it is only just and proper that the State of Georgia reconvey said property to the City of Montezuma for the same consideration paid by the State to the City of Montezuma for said property; and Whereas, said tract or parcel of land is more fully described as follows: All that tract or parcel of land comprising 14.75 acres, more or less, lying and being in Land Lot No. 192, in the 15th District of originally Houston, now Macon County, Georgia, being more particularly described as follows: From the point were Land Lots Nos. 187, 188, 199 and 192 intersects, run due North for a distance of 2024.5 feet along the line dividing Land Lots 192 and 187; thence run due West for 489.8 feet to the point of beginning of the

Page 1639

tract hereby conveyed; from said point of beginning run thence due West a distance of 670 feet, thence due North for a distance of 925 feet; thence North 84 degrees 12 minutes East for a distance of 673 feet to a point on Spring Creek; thence due South for a distance of 993 feet to the point of beginning, all as shown on plat of survey by J. R. Curtis, Surveyor, dated February 18, 1957, recorded in Plat Book #3, page 27, office of the Clerk, Superior Court, Macon County, Georgia, made a part by this reference thereto. Whereas, it is the finding of the General Assembly of Georgia that the tract or parcel of land described herein is surplus and is not needed for State purposes. Now, therefore, be it resolved by the General Assembly of Georgia that the Governor, acting for and on behalf of the State of Georgia, be and he is hereby authorized and empowered to grant, bargain, sell and convey to the City of Montezuma, a municipal corporation, located in Macon County, Georgia, for and in consideration of a price to be determined by the State Properties Control Commission, the moral obligation of the State, and other valuable consideration, all of the rights, titles and interests the State of Georgia has in and to the tract or parcel of land described in this Resolution. Be it further resolved that the Governor, acting for and on behalf of the State of Georgia, be and he is hereby further authorized and empowered to execute and deliver deeds or other written instruments that may be necessary and in such form that may be necessary to carry out the provisions of this Resolution in order to continue the record chain of title to the tract of land hereinabove described. Approved April 2, 1974.

Page 1640

CONVEYANCE OF LAND TO DECATUR COUNTY AUTHORIZED. No. 184 (House Resolution No. 503-1475). A Resolution. Authorizing the conveyance of certain real property located in the City of Bainbridge in Decatur, County, Georgia; and for other purposes. Whereas, on June 7, 1955, Decatur County, acting by and through the Decatur County Board of Commissioners, did convey to the State of Georgia 15 acres of land, which deed was recorded on June 18, 1955, in Deed Book K-6 at pages 499-500; and Whereas, Decatur County conveyed said land to the State of Georgia for the nominal consideration of one hundred ($100.00) dollars; and Whereas, the State of Georgia did improve said real estate by the construction thereon of a State Prison Facility and also the construction thereon of a residence occupied by the warden of said prison; and Whereas, said prison facility has now been closed and all prison inmates have been transferred from the prison facility; and Whereas, Decatur County and the City of Bainbridge are in critical need of enlarged and expanded jail facilities for which the prison facility can feasibly be adapted for use as a joint County-City jail; and Whereas, Decatur County desires to obtain the fee simple title to the real estate on which said prison facility is located, this being all of the land described in the aforesaid deed except 1.93 acres to be retained by the State of Georgia on which is located the former warden's residence; and

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Whereas, said property is no longer needed by the State of Georgia or by the Department of Offender Rehabilitation; and Whereas, it is only just and proper that the State of Georgia reconvey said property to Decatur County for the same consideration paid by the State to said County for said property; and Whereas, said tract or parcel of land is more fully described as follows: All of that tract or parcel of land lying and being situate in the City of Bainbridge, Decatur County, Georgia, and being located in Lot of Land No. 334 in the 15th District, containing 13.07 acres, and more particularly described as follows: To reach the point of beginning, commence at an iron pin on the east right-of-way line of Airport Road a distance of 1680 feet north of the south lot line, as measured along the east right-of-way line of the Airport Road, and from said point of beginning, run thence north 01 degree, 30 minutes west along the east right-of-way line of Airport Road a distance of 476 feet to an iron pin; thence run north 88 degrees, 30 minutes east a distance of 900 feet to an iron pin; thence run south 01 degree, 30 minutes east a distance of 726 feet to an iron pin; thence run south 01 degree, 30 minutes west a distance of 563 feet to an iron pin; thence run north 01 degree, 30 minutes west a distance of 250 feet to an iron pin; thence run south 88 degrees, 30 minutes west a distance of 337 feet to an iron pin on the east right-of-way line of Airport Road and the point of beginning. Said property is described in accordance with a survey and plat thereof, prepared by Hambrick Land Surveying and Mapping Company, Georgia Registration No. 1375, and dated December 15, 1973. Whereas, it is the finding of the General Assembly of Georgia that the tract or parcel of land described herein is surplus and is not needed for State purposes. Now, therefore, be it resolved by the General Assembly of Georgia that the Governor, acting for and on behalf of

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the State of Georgia, be and he is hereby authorized and empowered to grant, bargain, sell and convey to Decatur County, Georgia, for a consideration to be determined by the State Properties Control Commission, the moral obligation of the State, and other valuable consideration, all of the rights, titles and interests the State of Georgia has in and to the tract or parcel of land described in this Resolution. Be it further resolved that the Governor, acting for and on behalf of the State of Georgia, be and he is hereby further authorized and empowered to execute and deliver deeds or other written instruments that may be necessary and in such form that may be necessary to carry out the provisions of this Resolution in order to continue the record chain of title to the tract of land hereinabove described. Approved April 2, 1974. INVESTIGATION OF LAKE TOBESOFKEE AS STATE PARK DIRECTED. No. 185 (House Resolution No. 683-2024). A Resolution. Directing the Department of Natural Resources to investigate the feasibility of assuming control of Lake Tobesofkee as a State Park; and for other purposes. Whereas, the Lake Tobesofkee recreation area in Bibb County provides a wonderful variety of outdoor recreational opportunities for the citizens of this State; and Whereas, the Lake Tobesofkee recreation area has been developed by Bibb County, which county has been required to assume a debt of $2,100,000 in order that the Lake and related recreation facilities be available to the public; and Whereas, it is the desire of Bibb County and of the General Assembly that Lake Tobesofkee remain open to the public with a concurrent easing of the financial burden on Bibb County for cost of the present development

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and maintenance of the Lake and facilities; and Whereas, the Parks and Recreation subcommittee of the Recreation Committee of the House inspected the facilities of Lake Tobesofkee and determined that the recreation area provides significant incentives for increased and longer visits of tourists to this State; and Whereas, it is only fitting and proper that a public recreation area which is utilized by citizens from every part of the State and by visitors from other states be made a part of the State Park System; and Whereas, the expenses of maintaining the Lake Tobesofkee recreation area as a public facility should be assumed by the State if the Lake Tobesofkee recreation area proves feasible to become a part of the State Park System through further investigations together with the existing debt of Bibb County created for development of the Lake. Now, therefore, be it resolved by the General Assembly of Georgia that the Department of Natural Resources is authorized and directed to proceed with further investigation and study to determine the feasibility of the State acquiring by purchase the Lake Tobesofkee recreation area from Bibb County and operating the same as a part of the State Park System or the State acquiring by long-term lease and purchase option the Lake Tobesofkee recreation area and operating the same as a part of the State Park System. Be it further resolved that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appropriate copy of this Resolution to the Department of Natural Resources. Approved By Operation of Law April 3, 1974 by Governor. Compiler's note: This resolution was received from the Executive Department on April 3, 1974. This resolution was received by the Executive Department on March 22, 1974 after the General Assembly adjourned on February 26, 1974, and it does not bear the Governor's signature of approval.

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RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1974 PROPOSING AMENDMENTS TO THE CONSTITUTION OF GEORGIA

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NAME OF COURT OF ORDINARYCHANGE TO PROBATE COURT PROPOSED, ETC. Proposed Amendment to the Constitution. No. 87 (House Resolution No. 445-1253). A Resolution. Proposing an amendment to the Constitution so as to change the name and designation of the office of Ordinary and the Court of Ordinary to Judge of the Probate Court and Probate Court, respectively; 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, Paragraph I of the Constitution is hereby amended by striking from the first paragraph thereof the words, Courts of Ordinary and inserting in lieu thereof the words, Probate Courts so that when so amended the first paragraph of said Paragraph I shall read as follows: Paragraph I. Court Enumerated. The judicial powers of this State shall be vested in a Supreme Court, a Court of Appeals, Superior Courts, Probate Courts, Justices of the Peace, Notaries Public who are ex officio Justices of the Peace, and such other Courts as have been or may be established by law. Section 2. Article VI, Section VI of the Constitution is hereby amended by striking said Section in its entirety and substituting in lieu thereof a new Section VI to read as follows: Section VI. Probate Courts Paragraph I. Probate Court; Judge of Probate Court; Appeals. The powers of a court of probate shall be vested

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in the Probate Court and the Judge of the Probate Court for each county, from whose decisions there may be an appeal, or by consent of the parties, without a decision, to the Superior Court under regulations prescribed by law. Paragraph II. Powers. (a) The Probate Courts shall have such powers in relation to roads, bridges, ferries, public buildings, paupers, county officers, county funds, county taxes and other county matters as may be conferred on them by law. (b) The Probate Courts shall have jurisdiction to issue warrants, try cases, and impose sentences thereon in all misdemeanor cases arising under the Act known as the Georgia State Highway Patrol Act of 1937, and other traffic laws, and in all cases arising under the Compulsory School Attendance Law in all counties of this State in which there is no State court, provided the defendant waives a jury trial. Like jurisdiction is also conferred upon the judges of the police courts of incorporated cities and municipal court judges for offenses arising under the Georgia State Highway Patrol Act of 1937, and other traffic laws of the State within their respective jurisdictions. Paragraph III. Term of Office. The Judge of the Probate Court shall hold his office for a term of four years and until his successor is elected and qualified. Paragraph IV. Constitution and Statutes. Wherever the words `Ordinary', or `Ordinaries' or the words `Court of Ordinary' or `Courts of Ordinary' appear in this Constitution or in any statutes of this State, and such words refer to the county officer heretofore known and designated as the Ordinary or the court heretofore known and designated as the Court of Ordinary, such words are hereby stricken and the words `Judge of the Probate Court' or `Judges of the Probate Courts' or the words `Probate Court' or `Probate Courts', respectively, are hereby inserted in lieu of such stricken words. The changing of the name of the Ordinary and the Court of Ordinary to Judge of the Probate Court and Probate Court, respectively, shall not affect the status of any matter pending before any

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such officer or any such court at the time this Paragraph becomes effective, and any such matter may be continued or disposed of by the Judge of the Probate Court or by the Probate Court, as the case may be. Section 3. 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 change the name and designation of the office of Ordinary and the Court of Ordinary to Judge of the Probate Court and Probate Court, respectively? 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. Approved March 20, 1974. HOMESTEAD EXEMPTIONSAD VALOREM TAXATIONCERTAIN INCOME EXCLUDED FOR QUALIFYING. Proposed Amendment to the Constitution. No. 95 (House Resolution No. 439-1245). A Resolution. Proposing an amendment to the Constitution so as to exclude retirement, pension or disability benefits, up to a certain

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maximum amount, as income for the purpose of persons 65 years of age or over qualifying for a homestead exemption of $4,000.00; 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: Each person who is sixty-five (65) years of age or over is hereby granted an exemption from all State and county ad valorem taxes in the amount of $4,000.00 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 benefits, does not exceed $4,000.00 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. Any such owner shall not receive the benefits of such homestead exemption unless he, or through his agent, files an affidavit with the tax commissioner or tax receiver of the county in which he resides, giving his age and 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 the tax commissioner or tax receiver to make a determination as to whether such owner is entitled to such exemption. The tax commissioner or tax receiver shall provide affidavit forms for this purpose. Such application 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

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amended, shall apply thereto. Provided, that after any such owner has filed the proper affidavit, as provided above, and has been allowed the exemption provided herein, it shall not be necessary that he make application and file the said affidavit thereafter for any year and the said exemption shall continue to be allowed to such owner. It shall be the duty of any such owner, however, to notify the tax commissioner or tax receiver 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, 1972., and substituting in lieu thereof the following paragraph: Each person who is sixty-five (65) years of age or over is hereby granted an exemption from all State and county ad valorem taxe in the amount of $4,000.00 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, except as hereinafter provided, does not exceed $4,000.00 for the immediately preceding taxable year for income tax purposes. For the purposes of this paragraph, net income shall not include income received as retirement, survivor or disability benefits under the Federal Social Security Act or under any other public or private retirement, disability or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and his spouse under the Federal Social Security Act, and income from such sources in excess of such maximum amount shall be included as net income for the purposes of this paragraph. The value of the residence in excess of the above exempted amount shall remain subject to taxation. Any such owner shall not receive the benefits of such homestead exemption unless he, or through his agent, files an affidavit with the tax commissioner or tax receiver of the county in which he resides, giving his

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age and 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 the tax commissioner or tax receiver to make a determination as to whether such owner is entitled to such exemption. The tax commissioner or tax receiver shall provide affidavit 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. Provided, that after any such owner has filed the proper affidavit, as provided above, and has been allowed the exemption provided herein, it shall not be necessary that he make application and file the said affidavit thereafter for any year and the said exemption shall continue to be allowed to such owner. It shall be the duty of any such owner, however, to notify the tax commissioner or tax receiver 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. The ratification of this amendment shall in no way alter, modify, strike or repeal any other amendment to Article VII, Section I, Paragraph IV of the Constitution which may be ratified at the same time as this amendment may be ratified. 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 exclude retirement, pension or disability benefits, up to a certain maximum amount, as income for the purpose of persons

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65 years of age or over qualifying for a homestead exemption of $4,000.00? 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. Approved March 26, 1974. TEACHERS' RETIREMENT SYSTEMSINCREASED BENEFITS AUTHORIZED. Proposed Amendment to the Constitution. No. 96 (Senate Resolution No. 283). A Resolution. Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law, from time to time, for the increase of retirement or pension benefits of retired public schoolteachers who retired pursuant to a retirement or pension system of a county, municipality or local board of education; 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 a new paragraph to read as follows: Any other provisions of this Constitution to the contrary notwithstanding, the General Assembly is hereby

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authorized to provide by law, from time to time, for the increase of retiremnt or pension benefits of retired public schoolteachers who retired pursuant to a retirement or pension system of a county, municipality or local board of education. The General Assembly shall be authorized to expend State funds for such purposes in such manner and pursuant to such terms and conditions as the General Assembly may provide by law. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to authorize the General Assembly to provide by law, from time to time, for the increase of retirement or pension benefits of retired public schoolteachers who retired pursuant to a retirement or pension system of a county, municipality or local board of education? 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. Approved March 28, 1974.

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DOUGHERTY COUNTYOFFICE OF TAX COMMISSIONER, ABOLISHED, ETC. Proposed Amendment to the Constitution. No. 121 (House Resolution No. 569-1705). A Resolution. Proposing an amendment to the Constitution so as to abolish the office of Tax Commissioner of the County of Dougherty; and to delegate to the Governing Authority of the County of Dougherty the authority to merge and consolidate by Resolution and without an enabling Act of the General Assembly of Georgia, the Board of Tax Assessors and the departments, officers, and functions of the County of Dougherty relating to the return and assessment of property for taxation, notice of property assessment, hearings, appeals, arbitration and review of assessments, liens, priority of liens, and enforcement and collection of ad valorem taxes levied by the County of Dougherty and State of Georgia, and other matters relating to or incident to the same; 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 of Georgia is hereby amended by adding at the end thereof, the following: Notwithstanding any provision of law or of this Constitution to the contrary, the office of Tax Commissioner of Dougherty County is hereby abolished upon the expiration of the term of the present Tax Commissioner of Dougherty County, December 31, 1976, or upon a vacancy occurring in the office of Tax Commissioner of Dougherty County, whichever shall occur first, and the governing authority of the County of Dougherty may, by resolution and without an enabling act of the General Assembly of Georgia, merge, consolidate and combine the Boards of Tax Assessors, department, offices, officers, and functions of the County of Dougherty relating to the return

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and assessment of property for taxation, notice of property assessment, hearings, appeals, arbitration, reviews of property assessment, and the enforcement and collection of taxes; may provide in said resolution for liens, priority of liens, and for the enforcement and collection of ad valorem taxes levied by the County of Dougherty and State of Georgia, and any and all other matters relating to or incident to the same; may specify and provide for the time, method and matter of performing any and all such matters and functions, including, without limitation of the foregoing generally, the retention, release or combination of the present offices and officers, positions and employees, the election or selection of officers and employees to perform such consolidated and combined tax functions, the compensation and tenure of office and employment of such officers and employees, and may provide for all other related or incidental matters. Provided, that there shall be vested in and conferred upon such combined Board of Tax Assessors, departments, offices and officers, such authority as may be conferred upon Board of Tax Assessors under existing laws or those hereinafter enacted. Provided, further, that, except as provided hereafter, upon resolution of the governing authority of the County of Dougherty, combining the tax functions of offices, boards and officers now existing under any and all acts relating to the County of Dougherty or to Boards of Tax Assessors of counties generally, such Board of Tax Assessors and tax departments, offices and officers shall be abolished and of no force and effect within the County of Dougherty, and all functions heretofore performed by the Board of Tax Assessors and tax departments, offices, officers and employees of the County of Dougherty, shall be performed by said tax boards, departments and officers, all as provided in said resolution. Provided, further, that upon the effective date of the abolishment of the Office of Tax Commissioner of the County of Dougherty, the duties, responsibilities and authority of the Tax Commissioner shall be vested in such official or officials or board as shall be designated in the resolution of the governing authority of the County of Dougherty. Provided, further, that in the performance of any and all of the matters herein authorized, due process

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of law shall be afforded, and the rights of persons to homestead exemption as now or hereafter provided by law, as related to ad valorem taxation due to the State of Georgia and the County of Dougherty shall not be affected hereby. Provided, further, that the powers herein delegated may be exercised from time to time. Provided, further, that nothing herein contained shall be construed to authorize any change in the ad valorem millage limitation provided by the Constitution of the State of Georgia or by any legislative act. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: YES () NO () Shall the Constitution be amended so as to abolish the office of Tax Commissioner of the County of Dougherty and to delegate to the governing authority of the County of Dougherty authority to merge, by resolution, and without an enabling act of the General Assembly of Georgia, the Board of Tax Assessors, and the Departments, offices, officers and functions of the County of Dougherty relating to the return and assessment of property for taxation, notice of property assessment, hearings, appeals, arbitration and reviews of property assessments, liens, priority of liens, and enforcement and collection of ad valorem taxes levied by the County of Dougherty and State of Georgia, and other

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matters relating to or incident to the same? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon. FULTON COUNTYCERTAIN AD VALOREM HOMESTEAD EXEMPTIONS PROVIDED. Proposed Amendment to the Constitution. No. 122 (House Resolution No. 30-98). A Resolution. Proposing an amendment to the Constitution so as to provide a homestead exemption of $10,000.00 from all Fulton County and Fulton County school ad valorem taxes for residents of Fulton County who are 65 years of age or over or disabled and who have a net income not exceeding $8,000.00 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:

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Any other provisions of this Constitution to the contrary notwithstanding, each resident of Fulton County who is sixty-five (65) years of age or over or who is disabled is hereby granted an exemption from all Fulton County and Fulton County school ad valorem taxes in the amount of $10,000.00 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 $8,000.00 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 as being disabled, the person claiming such exemption shall be required to obtain a certificate from not 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 in the opinion of such physician, or physicians, 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 owner shall not receive the benefits of such homestead exemption unless he, or through his agent, files an affidavit with the Tax Commissioner of Fulton County, giving his age, or if disabled, the certificate or certificates provided for herein, and 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 the Tax Commissioner to make a determination as to whether such owner is entitled to such exemption. The Tax Commissioner shall provide affidavit 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,

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as the same now exists or may hereafter be amended. shall apply thereto. Provided, that after any such owner has filed the proper affidavit and certificate or certificates if disabled, as provided above, and has been allowed the exemption provided herein, it shall not be necessary that he make application and file the said affidavit and certificate thereafter for any year and the said exemption shall continue to be allowed to such owner. It shall be the duty of any such owner, 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 $10,000.00 from all Fulton County and Fulton County school ad valorem taxes for residents of Fulton County who are 65 years of age or older or disabled and who have a net income not exceeding $8,000.00 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.

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CITY OF ATLANTAAUTHORIZED TO LEVY AD VALOREM TAXES TO PAY CERTAIN REVENUE OBLIGATIONS. Proposed Amendment to the Constitution. No. 123 (House Resolution No. 70-215). A Resolution. Proposing an amendment to the Constitution of the State of Georgia so as to authorize the City of Atlanta under certain circumstances to levy ad valorem taxes for the purpose of paying the principal of and the interest on certain revenue obligations issued by said City; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII of the Constitution of the State of Georgia, as the same has been heretofore amended, is hereby further amended by adding at the end thereof a new paragraph to read as follows: Notwithstanding any other provision of this Article, the City of Atlanta may levy ad valorem taxes not to exceed two (2) mills in any calendar year for the purpose of paying the principal of and the interest on any issue of revenue obligations issued by said City and secured by a pledge of said taxing power; provided, however, no such pledge may be made with respect to any such issue unless at or prior to the issuance thereof both of the following conditions have been meet: (1) the net earnings (as hereinafter defined) of the undertaking with respect to which such issue is proposed to be issued for a period of twelve (12) consecutive months out of the fifteen (15) months immediately preceding the adoption of proceedings for the issuance of such issue must have been equal to at least one and one-third (1 1/3) times the highest combined principal and interest requirements (as hereinafter defined) for any succeeding twelve (12) months'

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period on all then outstanding revenue obligations which are payable from the earnings of such undertaking and on the obligations of the issue proposed to be issued; and (2) said City has obligated itself to create from the earnings of such undertaking a reserve fund which can be used only to pay the principal of and the interest on the revenue obligations payable from said earnings in an amount which will equal within not more than sixty (60) months from the date of the adoption of proceedings for the issuance of such issue the highest combined principal and interest requirements (as hereinafter defined) for any succeeding twelve (12) months' period on all then outstanding revenue obligations which are payable from the earnings of such undertaking and on the obligations of the issue proposed to be issued. Net earnings as used herein shall be construed to be gross earnings of such undertaking which have been received during the period in question after deducting therefrom the reasonable and necessary expenses of operating, maintaining and repairing such undertaking during the period in question (but excluding depreciation). In determining gross earnings for the purpose of making the computations required to establish net earnings, there may be included, in addition to actual receipts during the twelve (12) months' period in question, an amount equal to the fixed amounts to be received during the twelve (12) months immediately following the date of such determination from new contracts entered into with users of the services of such undertaking or new or increased payments to be received under the provisions of existing contracts on account of the new additions, extensions or improvements to such undertaking which are to be financed from the proceeds of the issue of obligations then proposed to be issued. For the purpose of determining the principal and interest requirements for any twelve (12) months' period, there shall be included, in addition to the amounts which, by the terms of the pertinent revenue obligations, become due and payable during said period, the aggregate principal amount, (and premium, if any,) of any annual mandatory redemption requirements which must be met during said period and a like amount of principal shall be deducted from the principal requirements in the period

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when such obligations would, by their terms, mature if they were not subject to such mandatory redemption or redemptions. A pledge of the aforesaid taxing power for the purpose herein authorized shall be accomplished by the inclusion of a covenant to such effect in the ordinance authorizing the issuance of such issue of obligations, coupled with a reference to said covenant in the instrument or instruments evidencing the obligation or obligations, and once made, said covenant shall constitute a lien on the moneys received from the taxes levied in furtherance thereof and the validity of said covenant, pledge and lien shall be incontestable from and after the issuance of such issue of obligations and the holder of any such obligation shall be authorized to enforce the same, provided only that prior to the issuance of such issue of obligations, the Director of the Department of Finance of the City of Atlanta, or the successor to his powers, shall have certified to the governing body of said City that the above referred to conditions precedent to the creation of such pledge have been met and said governing body shall have approved the correctness of such certification by a statement to such effect in the ordinance adopted to authorize the issuance of such issue of obligations. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to authorize the City of Atlanta under certain circumstances to levy ad valorem taxes not to exceed 2 mills in any calendar year to pay the principal of and the interest on revenue obligations issued from time to time by said City? 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. CERTAIN CITIESAUTHORIZED TO REQUIRE DEMOLITION OF CERTAIN STRUCTURES UNDER HOUSING CODE. (400,000 OR MORE). Proposed Amendment to the Constitution. No. 124 (House Resolution No. 130-480). A Resolution. Proposing an amendment to the Constitution, so as to allow municipal corporations having a population of more than 400,000 according to the last or any future United States Decennial Census to remove or demolish, close and clear buildings or structures from private premises, not necessarily a part of a slum or blighted area under certain conditions at public expense; to make the amount of such expenditure a lien against the property involved; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be and it is hereby resolved by the General Assembly of Georgia: Section 1. Article XVI of the Constitution relating to slum clearance and redevelopment programs for cities, towns, housing authorities and counties is hereby amended by adding the following new paragraph at the end of said Article: The General Assembly may establish procedures whereby any municipal corporation having a population of more than 400,000 according to the last or any future

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United States Decennial Census may carry out and enforce the removal or demolition or closing of buildings or structures, and clearing of premises, not of necessity a part of any slum or blighted area, at public expense, after an administrative determination that a building or structure is unfit for human habitation, or is unfit for commercial, industrial or business occupancy or use and is economically unrepairable, under standards for such determination as prescribed by the General Assembly, and which may provide for commencement of an administrative proceeding in rem provided the owner and person having an interest in the real property involved are given notice and an opportunity to appear and be heard on the question of unfitness or unrepairability of the building or structure at issue. All expenses of such removal or demolition, or closing and clearing of premises and all costs of any such proceeding may be included in the amount of the lien against the property on which the building or structure is located. All such proceedings and work shall constitute and are hereby declared to be a governmental function undertaken for public purposes, and the powers of taxation and eminent domain may be exercised and public funds expended in furtherance thereof., so that, when so amended, such Article shall read as follows: The General Assembly may provide by law that any city or town, or any housing authority now or hereafter established, or any county, may undertake and carry out slum clearance and redevelopment work, including the acquisition and clearance of areas which are predominantly slum or blighted areas, the preparation of such areas for re-use, and the sale or other disposition of such areas to private enterprise for private uses or to public bodies for public uses. Any such work shall constitute a governmental function undertaken for public purposes, and the powers of taxation and eminent domain may be exercised and public funds expended in furtherance thereof. The General Assembly may establish procedures whereby any municipal corporation having a population of more than 400,000 according to the last or any future

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United States Decennial Census may carry out and enforce the removal or demolition or closing of buildings or structures, and clearing of premises, not of necessity a part of any slum or blighted area, at public expense, after an administrative determination that a building or structure is unfit for human habitation, or is unfit for commercial, industrial or business occupancy or use and is economically unrepairable, under standards for such determination as prescribed by the General Assembly, and which may provide for commencement of an administrative proceeding in rem provided the owner and person having an interest in the real property involved are given notice and an opportunity to appear and be heard on the question of unfitness or unrepairability of the building or structure at issue. All expenses of such removal or demolition, or closing and clearing of premises and all costs of any such proceeding may be included in the amount of the lien against the property on which the building or structure is located. All such proceedings and work shall constitute and are hereby declared to be a governmental function undertaken for public purposes, and the powers of taxation and eminent domain may be exercised and public funds expended in furtherance thereof. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall have written or printed thereon the following: The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended to authorize the General Assembly to allow municipal corporations having a population of more than 400,000 according to the last or any future United States Decennial Census to carry out and enforce the removal or demolition, or closing of

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certain buildings and structures from private premises and the clearing of premises, not necessarily within a slum or blighted area, at public expense to constitute a lien on the property after an administrative hearing and a determination that such properties or structures are unfit for human habitation or use and are economically unrepairable? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon. GENERAL ASSEMBLY AUTHORIZED TO CHANGE PURPOSES FOR WHICH REVENUE ANTICIPATION OBLIGATIONS OF POLITICAL SUBDIVISIONS MAY BE ISSUED. Proposed Amendment to the Constitution. No. 125 (House Resolution No. 230-909). A Resolution. Proposing an amendment to the Constitution so as to expand and to authorize the General Assembly to increase or reduce the purposes for which revenue anticipation obligations may be issued by any county, municipal corporation

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or political subdivision of this 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 VII, Section VII, Paragraph V of the Constitution is hereby amended by striking Paragraph V in its entirety and substituting in lieu thereof a new Paragraph V to read as follows: Paragraph V. Revenue Anticipation Obligations. 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 from time to time authorized by the Act of the General Assembly approved March 31, 1937, known as the `Revenue Certificate Laws of 1937', as such Act is presently amended or hereafter may be amended by the General Assembly, 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, except as otherwise specifically authorized in this Constitution, and shall not, by virtue of the pledging of revenues of the issuing political subdivision for said purpose, 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 such facilities and undertakings as are specifically authorized and enumerated by said Acts of 1937, as such Act is presently amended or hereafter may be amended by the General Assembly; and to buy, construct, extend, operate and maintain gas or electric

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generating 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, and provided further that a majority of the registered voters of such county, municipal corporation, or political subdivision affected shall vote in said election, 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 election 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 the power of taxation for the purpose of paying the principal or interest of any such revenue anticipation obligations or any part thereof, except as may be now or hereafter authorized in the Constitution of Georgia. Provided that after a favorable election has been held as set forth above, if municipalities, counties or other political subdivisions shall purchase, construct, or operate such electric or gas utility plants from the proceeds of said revenue certificates, and extend their services beyond the limits of the county in which the municipality or political subdivision is located, then its services rendered and property located outside said county shall be subject to taxation and regulation as are privately owned and operated utilities. Section 2. If, in addition to the above proposed amendment, other proposed amendments to Article VII, Section VII, Paragraph V of the Constitution are ratified at the general election to be held in 1974, each of such proposed amendments as are ratified shall be given full effect notwithstanding any complete restatement of Article VII, Section VII, Paragraph V set forth in any of the separate resolutions proposing such amendments which might be

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construed to deny effectiveness to amendments not specified in the same resolution. Section 3. 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 expand and to authorize the General Assembly to increase or reduce the purposes for which revenue anticipation obligations may be issued by any county, municipality or political subdivision of this 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. DeKALB COUNTYCERTAIN EXEMPTION FROM AD VALOREM TAXATION FOR EDUCATIONAL PURPOSES PROVIDED. Proposed Amendment to the Constitution. No. 126 (House Resolution No. 231-921). A Resolution. Proposing an amendment to the Constitution so as to exempt from ad valorem taxation for educational purposes levied by the DeKalb County School District the homestead,

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but not to exceed $10,000.00 of its assessed value, of any resident of such county school district who is sixty-two years of age or older, and who has income from all sources, including income from all sources of all members of his family, not exceeding $6,000.00 per annum; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following paragraph: The homestead, but not to exceed $10,000.00 of its assessed value, of each resident of the DeKalb County School District who is sixty-two years of age or older, and who has income from all sources, including income from all sources of all members of his family residing within said homestead, not exceeding $6,000.00 per annum, shall be exempt from ad valorem taxation for educational purposes levied for or in behalf of such county school system. No such exemption shall be granted unless an affidavit of the owner of the homestead, submitted on forms prepared for that purpose, is filed with the DeKalb County tax commissioner, which affidavit shall state the owner's age, the amount of income received by him in the calendar year next preceding the filing of the affidavit; the income received by all members of the owner's family residing within the homestead during the calendar year next preceding filing of the affidavit, and such other additional information as may be reasonably required by the tax commissioner. The exemption granted by this paragraph shall extend to and shall apply to those properties, the legal title to which is vested in one or more titleholders, if actually occupied as a residence by one or more such owners who possess the qualifications provided for in this paragraph. Such exemption shall also extend to those homesteads, the title to which is vested in an administrator, executor or trustee, if one or more of the heirs or cestui que uses residing on such property shall possess the qualifications provided for herein. The exemption provided

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for by this paragraph 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 exempt from ad valorem taxation for educational purposes levied by the DeKalb County School District the homestead, but not to exceed $10,000.00 of its assessed value, of any resident of such county school district who is sixty-two years of age or older, and who has income from all sources, including income from all sources of all members of his family, not exceeding $6,000.00 per annum? 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. CERTAIN PAYMENT FOR COMMERCIAL PRODUCTION PLANT PRODUCING ALUMINUM ORE FROM KAOLIN AUTHORIZED. Proposed Amendment to the Constitution. No. 127 (House Resolution No. 259-983). A Resolution. Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the

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payment of $250,000 to the first person, firm or corporation, or combination thereof, which establishes a plant for the commercial production of aluminum ore (alumina or aluminum chloride) from kaolin and produces a minimum of 300,000 tons annually; 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: The General Assembly is hereby authorized to provide by law for the payment of $250,000 to the first person, firm or corporation, or combination thereof, which establishes a plant for the commercial production of aluminum ore (alumina or aluminum chloride) from kaolin and produces a minimum of 300,00 tons annually. The kaolin must be mined in Georgia and the manufacturing plant located in Georgia. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to authorize the General Assembly to provide by law for the payment of $250,000 to the first person, firm or corporation, or combination thereof, which establishes a plant for the commercial production of aluminum ore (alumina or aluminum chloride) from kaolin and produces a minimum of 300,000 tons annually?

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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 EAST POINTCERTAIN EXEMPTION FROM AD VALOREM TAXATION AUTHORIZED. Proposed Amendment to the Constitution. No. 128 (House Resolution No. 441-1245). A Resolution. Proposing an amendment to the Constitution so as to provide that residents of the City of East Point 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 $5,000.00 per annum, shall be granted a homestead exemption of $5,000.00 from ad valorem taxation by said City; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section I, Paragraph IV of the Constitution, as amended by an amendment ratified at the 1972 general election as set forth by House Resolution 234-698 adopted at the 1971 session of the General Assembly (Ga. Laws 1971, p. 959), is hereby amended by striking from said amendment, as set forth by said House Resolution 234-698, the following paragraphs: Each person who is sixty-five (65) years of age or over is hereby granted an exemption from all City ad

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valorem taxes in an amount not to exceed Four Thousand ($4,000.00) Dollars 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, does not exceed Four Thousand ($4,000.00) Dollars for the immediate preceding taxable year for State of Georgia income tax purposes. Any such owner as defined in this paragraph shall not receive the benefits of such homestead exemption unless such owner has been similarly exempted from state and county ad valorem taxes by the tax commissioner of Fulton County, Georgia. No homestead shall be subject to more than one exemption as provided for herein, and the value of the homestead in excess of the above-exempted amounts shall remain subject to ad valorem taxation by the City of East Point. The exemptions provided for herein shall apply to all taxable years beginning after December 31, 1972., and substituting in lieu thereof the following paragraphs: Each resident of the City of East Point who is sixtyfive years of age or over and who does not have an income from all sources, including the income of all members of the family living in the home of said resident, exceeding $5,000.00 per annum, and each resident of the City of East Point who is totally disabled, except disabled veterans qualifying for the homestead exemption provided for hereinafter, and who does not have an income from all sources, including the income of all members of the family living in the home of said resident, exceeding $5,000.00 per annum, is hereby granted an exemption of $5,000.00 on his homestead from all ad valorem taxation by the City of East Point as long as any such resident of the City of East Point actually occupies said homestead as his residence. Any such resident shall not receive the benefits of such homestead exemption unless he files an affidavit with the governing authority of the City of East Point, or with a person designated by the governing authority of the City of East Point, giving his age and the amount of income which he receives and the income which members of his family living in his home receive

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and such additional information relative to receiving the benefits of such exemption as will enable the governing authority of the City of East Point, or the person designated by the governing authority of the City of East Point, to make a determination as to whether such owner is entitled to such exemption. If such resident is qualified to receive the old age homestead exemption of $4,000.00 from Fulton County ad valorem taxes, proof of such exemption will qualify such resident for the City of East Point homestead exemption of $5,000.00 provided for herein. The governing authority of the City of East Point, or the person designated by the said governing authority, shall provide affidavit forms for this purpose. No homestead shall be subject to more than one exemption as provided for herein, and the value of the homestead in excess of the above-exempted amounts shall remain subject to ad valorem taxation by the City of East Point. The exemptions 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 that residents of the City of East Point 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 $5,000.00 per annum, shall be granted a homestead exemption of $5,000.00 from ad valorem taxation by said City? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring

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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. MUSCOGEE COUNTY SCHOOL DISTRICTCERTAIN EXEMPTION FROM AD VALOREM TAXATION GRANTED. Proposed Amendment to the Constitution. No. 129 (House Resolution No. 451-1298). A Resolution. Proposing an amendment to the Constitution so as to provide that the homestead of each resident of the Muscogee County School District who is 62 years of age or over and has a limited income shall be exempt from all ad valorem taxation for educational purposes levied for and in behalf of such school system; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following paragraph: The homestead of each resident of the Muscogee County School District who is 62 years of age or over and who does not have an income from all sources, including the income of all members of the family residing within said homestead, exceeding $6,000 per annum, is hereby exempt from all ad valorem taxation for educational purposes levied for and in behalf of such school system, including taxes to retire school bond indebtedness. No

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such exemption shall be granted unless an affidavit of the owner of the homestead is filed with the tax commissioner of the consolidated government of the City of Columbus and Muscogee County giving his age, the amount of income which he received for the immediately preceding calendar year, the income which the members of his family residing within the homestead received for such period, and such additional information relative to receiving the benefits of the exemption granted by this Act as will enable the tax commissioner to make a determination as to whether such owner is entitled to said exemption. The tax commissioner shall provide affidavit forms for this purpose. The exemption granted to the homestead within this paragraph shall extend to and shall apply to those properties, the legal title to which is vested in one or more title holders, if actually occupied by one or more of such owners as a residence, and one or more such title holders possesses the qualifications provided for in this paragraph. In such instances, such exemptions shall be granted to such properties, if claimed in the manner herein provided by one or more of the owners actually residing on such property. Such exemptions shall also extend to those homesteads, the title to which is vested in an administrator, executor or trustee, if one or more of the heirs or cestui que uses residing on such property shall possess the qualifications provided for herein and shall claim the exemptions granted by this paragraph in the manner herein provided. The 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 that the homestead of each resident of the Muscogee County School District

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who is 62 years of age or over and has a limited income shall be exempt from all ad valorem taxation for educational purposes levied for and in behalf of such school system? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote aaginst 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. MUSCOGEE COUNTY SCHOOL DISTRICTCERTAIN AD VALOREM TAXATION EXEMPTION GRANTED. Proposed Amendment to the Constitution. No. 130 (House Resolution No. 452-1298). A Resolution. Proposing an amendment to the Constitution so as to provide that the homestead of each resident of the Muscogee County School District shall be granted a $2,000 homestead exemption from ad valorem taxation for school purposes; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VIII, Section VII of the Constitution, as amended, particularly by an amendment to said Section, proposed by a Resolution, approved March 28, 1947 (Ga. Laws 1947, p. 1768), and ratified in the General Election of 1948, is hereby amended by striking from Paragraph II the following:

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Property taxed for support of said school system shall not be subject to the privileges of the homestead exemption provided by Article VII, Section I, Paragraph IV, of this Constitution., and inserting in lieu thereof the following: The $2,000 homestead exemption granted by the provisions of Article VII, Section I, Paragraph IV of this Constitution shall extend to the homestead of each resident of the Muscogee County School District. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to provide that the homestead of each resident of the Muscogee County School District shall be granted a $2,000 homestead exemption from ad valorem taxation for school purposes? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

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CITY OF TIFTONCERTAIN EXEMPTION FROM AD VALOREM TAXATION GRANTED. Proposed Amendment to the Constitution. No. 131 (House Resolution No. 460-1337). A Resolution. Proposing an amendment to the Constitution so as to provide a homestead exemption from all ad valorem taxation in the amount of $2,000.00 to resident homeowners in the City of Tifton; to provide an effective date; 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: Any other provisions of this Constitution to the contrary notwithstanding, the homestead of each resident of the City of Tifton actually occupied by the owner as a residence and homestead, but only so long as actually occupied by the owner primarily as such, is hereby exempted in the amount of $2,000.00 of its value from all city ad valorem taxes, except taxes levied by said city for the payment of interest on and retirement of bonded indebtedness. The value of the homestead in excess of the above-exempted amount shall remain subject to ad valorem taxation by the City of Tifton. The 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.

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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 provide a homestead exemption from taxation in the amount of $2,000.00 to resident homeowners in the City of Tifton? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. DOWNTOWN LaGRANGE DEVELOPMENT AUTHORITY AUTHORIZED. Proposed Amendment to the Constitution. No. 132 (House Resolution No. 463-1337). A Resolution. Proposing an amendment to the Constitution so as to provide for the establishment of a Downtown LaGrange Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section VII, Paragraph I of the Constitution is amended by adding at the end thereof the following: The General Assembly shall be authorized to create

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in and for the City of LaGrange, the Downtown LaGrange Development Authority for the purpose of redevelopment of the downtown LaGrange area. Said Authority shall have the power to employ engineers and planners, to contract for the construction, remodeling and altering of buildings, and to contract with the City of LaGrange for the construction, reconstruction, altering and changing and closing of streets and alleys. The General Assembly shall be authorized to empower the Authority to create special tax districts within the City of LaGrange, and to levy and collect taxes within said districts based on values of real property fixed by the Tax Digest of the City of LaGrange, to defray the costs of the foregoing. The Authority shall have the power to issue bonds and/or revenue certificates, and to pledge revenues and to levy and collect taxes within said districts for the retirement of said indebtedness. No taxes shall be levied by said Authority for any purpose against property used exclusively for residential purposes or property used for school or church purposes. The Authority shall have the right and power of eminent domain for the purpose of acquiring property in the carrying out of its aims and objectives. The General Assembly shall provide for all matters relating to the composition of the members of the Authority, their terms of office and related matters and the geographical limits within the City of LaGrange which shall be subject to the provisions of amendment. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to provide for the establishment of a Downtown LaGrange Development Authority and to provide for the powers, duties, and responsibilities of said authority?

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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. McDUFFIE COUNTYAD VALOREM TAX LEVY FOR DEVELOPMENT AUTHORITY PROVIDED, ETC. Proposed Amendment to the Constitution. No. 133 (House Resolution No. 465-1337). A Resolution. Proposing an amendment to the Constitution so as to permit the governing authority of McDuffie County to levy and collect an ad valorem tax to be paid to the Development Authority of McDuffie County; to provide for discontinuance of said levy; 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: The governing authority of McDuffie County is hereby authorized to levy and collect an annual ad valorem tax not to exceed one (1) mill for developing and promoting industry and agriculture and to reduce unemployment in McDuffie County, and is hereby directed to pay the Development Authority of McDuffie County, a public body corporate and politic created under the provisions

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of law, all funds deriving from such levy to be used for the purposes provided herein. If at any time, in the judgment of the governing authority of McDuffie County, the one (1) mill ad valorem levy as herein provided shall no longer be needed to effectuate the purposes of this amendment, said governing authority may discontinue the one (1) mill ad valorem tax levy without further legislative enactment. 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 permit McDuffie County to levy an ad valorem tax of one (1) mill to be paid to the Development Authority of McDuffie 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. MACON COUNTYCOUNTY MOTOR VEHICLE REGISTRATION FEE FOR HOSPITAL PURPOSES PROVIDED. Proposed Amendment to the Constitution. No. 134 (House Resolution No. 469-1346). A Resolution. Proposing an amendment to the Constitution so as to authorize the governing authority of Macon County to impose

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a county registration fee on each motor vehicle registered in said County and to use the proceeds of such fee for the payment of obligations incurred in connection with the construction and/or operation of a countywide general hospital and related facilities; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section IV, of the Constitution is hereby amended by adding at the end thereof the following paragraph: The governing authority of Macon County is hereby authorized to adopt an appropriate resolution or ordinance providing for the levy and collection of an annual county registration fee on each vehicle registration in said County, but said annual County registration fee shall not exceed $12.00. Said resolution or ordinance adopted pursuant to the authority herein granted shall further provide that the proceeds of such annual registration fee, or any portion thereof, shall be used for the payment of obligations of any type incurred in connection with the construction and/or operation of a countywide general hospital and related facilities in such manner and pursuant to such terms and conditions as said resolution or ordinance shall provide. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to authorize the governing authority of Macon County to impose a county registration fee on each vehicle registration in said County and to use the proceeds of

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such fee for the payment of obligations incurred in connection with the construction and/or operation of a countywide general hospital and related facilities? 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 HAPEVILLECERTAIN HOMESTEAD EXEMPTIONS FROM AD VALOREM TAXATION PROVIDED, ETC. Proposed Amendment to the Constitution. No. 135 (House Resolution No. 486-1416). A Resolution. Proposing an amendment to the Constitution so as to provide a homestead exemption from taxation to resident homeowners in the City of Hapeville, in an amount not to exceed $2,500 and that the present homestead exemption of $4,000 to resident homeowners age 65 or over and resident homeowners who are totally disabled be increased to $6,500; 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: Any other provisions of this Constitution to the contrary

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notwithstanding, each resident of the City of Hapeville who is sixty-five years of age or over and who does not have an income from all sources, including the income of all members of the family living in the home of said resident, exceeding $4,000.00 per annum, and each resident of the City of Hapeville who is totally disabled and who does not have an income from all sources, including the income of all members of the family living in the home of said resident, exceeding $4,000.00 per annum, is hereby granted an exemption of $4,000.00 on his homestead from all ad valorem taxation by the City of Hapeville as long as any such resident of the City of Hapeville actually occupies said homestead as his residence. Provided, however, under this provision, there shall be no more than one (1) $4,000.00 exemption per homestead. The value of the homestead in excess of the above exempted amount shall remain subject to ad valorem taxation by the City of Hapeville. Any such resident shall not receive the benefits of such homestead exemption unless he files an affidavit with the governing authority of the City of Hapeville, or with a person designated by the governing authority of the City of Hapeville, giving his age and the amount of income which he receives and the income which members of his family living in his home receive and such additional information relative to receiving the benefits of such exemption as will enable the governing authority of the City of Hapeville, or the person designated by the governing authority of the City of Hapeville, to make a determination as to whether such owner is entitled to such exemption. The governing authority of the City of Hapeville, or the person designated by the said governing authority, shall provide affidavit forms for this purpose. The exemption provided for herein shall apply to all taxable years beginning after December 31, 1971. If such resident is qualified to receive the old age homestead exemption of $4,000.00 from Fulton County ad valorem taxes, proof of such exemption will qualify such resident for the City of Hapevile $4,000.00 tax exemption contemplated herein.,

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and inserting in lieu thereof the following: Any other provisions of this Constitution to the contrary notwithstanding, each resident of the City of Hapeville who is 65 years of age or over and who does not have an income from all sources, including the income of all members of the family living in the home of said resident, exceeding $4,000 per annum, and each resident of the City of Hapeville who is totally disabled and who does not have an income from all sources, including the income of all members of the family living in the home of said resident, exceeding $4,000 per annum, is hereby granted an exemption of $6,500 on his homestead from all ad valorem taxation by the City of Hapeville as long as any such resident of the City of Hapeville actually occupies said homestead as his residence. Provided, however, under this provision, there shall be no more than one (1) $6,500 exemption per homestead. The value of the homestead in excess of the above exempted amount shall remain subject to ad valorem taxation by the City of Hapeville. Any such resident shall not receive the benefits of such homestead exemption unless he files an affidavit with the governing authority of the City of Hapeville, or with a person designated by the governing authority of the City of Hapeville, giving his age and the amount of income which he receives and the income which members of his family living in his home receive and such additional information relative to receiving the benefits of such exemption as will enable the governing authority of the City of Hapeville, or the person designated by the governing authority of the City of Hapeville, to make a determination as to whether such owner is entitled to such exemption. The governing authority of the City of Hapeville, or the person designated by the said governing authority, shall provide affidavit forms for this purpose. If such resident is qualified to receive the old-age homestead exemption of $4,000 from Fulton County ad valorem taxes, proof of such exemption will qualify such resident for the City of Hapeville $6,500 tax exemption contemplated herein. A homestead of each resident of the City of Hapeville actually occupied by the owner as a resident and homeowner, but only so long as

Page 1689

actually occupied by the owner primarily as such, is hereby exempted from ad valorem taxation in the amount of $2,500. The exemptions 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 change the homestead exemption for residents of the City of Hapeville who are age 65 or over or who are totally disabled from $4,000 to $6,500 and to provide for homestead exemption for resident homeowners of the City of Hapeville in an amount not to exceed $2,500 from ad valorem taxation by said city? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. JACKSON COUNTYCERTAIN POLICE POWERS GRANTED CERTAIN STATE AGENTS RELATIVE TO ENFORCING FELONIES IN COUNTY. Proposed Amendment to the Constitution. No. 136 (House Resolution No. 487-1416). A Resolution. Proposing an amendment to the Constitution so as to empower the members of the Division of Investigation of

Page 1690

the Department of Public Safety or of any successor agency to such Division to make arrests, serve and execute warrants and enforce those criminal laws of the State of Georgia involving felonies within the boundaries of Jackson County; to provide that such members are hereby granted and may exercise the same powers as other law enforcement officers when enforcing such laws; 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 I, Section I of the Constitution is hereby amended by adding at the end thereof the following: Within the boundaries of Jackson County the members of the Division of Investigation of the Department of Public Safety or of any successor agency to such Division are hereby empowered to make arrests, serve and execute warrants and enforce those criminal laws of the State of Georgia involving felonies. Such members are hereby granted and may exercise the same powers as other law enforcement officers when enforcing such laws. 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 empower the members of the Division of Investigation of the Department of Public Safety or of any successor agency to such Division to make arrests, serve and execute warrants and enforce those criminal laws of the State of Georgia involving felonies within the boundaries of

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Jackson County and to provide that such members are hereby granted and may exercise the same powers as other law enforcement officers when enforcing such laws? 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 NORCROSSCERTAIN HOMESTEAD EXEMPTION FROM AD VALOREM TAXATION PROVIDED. Proposed Amendment to the Constitution. No. 137 (House Resolution No. 491-1435). A Resolution. Proposing an amendment to the Constitution so as to provide a homestead exemption of $2,000.00 from all ad valorem taxes levied by the City of Norcross for persons 62 years of age or over; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following paragraph: The City of Norcross is authorized to grant to each person who is sixty-two (62) years of age or over an exemption

Page 1692

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. 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 $2,000.00 from all ad valorem taxes levied by the City of Norcross for persons 62 years of age or over? 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 SAVANNAHCHATHAM COUNTYCERTAIN EDUCATION RETIREMENT BENEFITS INCREASED. Proposed Amendment to the Constitution. No. 138 (House Resolution No. 493-1435). A Resolution. Proposing an amendment to the Constitution so as to authorize an increase in retirement benefits of persons retired under the retirement system of the Board of Public

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Education for the City of Savannah and the County of Chatham; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section VII, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following: Any other provisions of this Constitution to the contrary notwithstanding, the Board of Public Education for the City of Savannah and the County of Chatham is hereby authorized to provide from time to time for an increase in retirement benefits of those persons who have retired under the provisions of the retirement system of said Board of Public Education, as well as those employees covered by said system who may retire in the future. Any funds available to said Board of Public Education may be utilized for the purposes provided for 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 persons retired under the retirement system of the Board of Public Education for the City of Savannah and the County of Chatham? 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 FOREST PARKCERTAIN HOMESTEAD EXEMPTION FROM AD VALOREM TAXATION GRANTED. Proposed Amendment to the Constitution. No. 139 (House Resolution No. 498-1441). A Resolution. Proposing an amendment to the Constitution so as to provide that each resident of the City of Forest Park who is 65 years of age or over and who does not have an income from all sources exceeding $4,000 per annum, including the income of his spouse who also occupies and resides at such homestead, shall be granted a homestead exemption of $4,000 from all ad valorem taxation by said city; to provide that federal old-age, survivor or disability benefits shall not be counted in the computation of income for either the resident and owner of the homestead or his spouse; 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: Any other provisions of this Constitution to the contrary notwithstanding, each resident of the City of Forest Park who is 65 years of age or over is hereby granted an exemption of $4,000 for all ad valorem taxes levied by the City of Forest Park on the homestead owned and occupied by him as a residence, as provided herein. To qualify for the homestead exemption, the resident and owner of the homestead must not have an income from all sources, including the income of his spouse who also occupies and resides at such homestead, exceeding $4,000 per annum. Federal old-age, survivor or disability benefits shall not be counted in the computation of income for either the resident and owner of the homestead or his

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spouse. Any such resident shall not receive the benefits of such homestead exemption unless he, or though his agent, files an affidavit with the governing authority or a person designated by the governing authority of the City of Forest Park, giving his age and the amount of income which he and his spouse received during the preceding year, and such additional information relative to receiving the benefits of such homestead exemption as will enable the governing authority or a person designated by the governing authority of the City of Forest Park, to make a determination as to whether such resident and owner is entitled to such exemption. The governing authority or a person designated by the governing authority of the City of Forest Park shall supply affidavit forms for this purpose. If such resident and owner is qualified to receive the old-age homestead exemption of $4,000 from Clayton County ad valorem taxes, proof of such exemption shall qualify such resident and owner of the City of Forest Park for the homestead exemption of $4,000 provided for herein. No homestead shall be subject to more than one exemption, and the value of the homestead in excess of the exemption authorized herein shall remain subject to ad valorem taxation by the City of Forest Park. The exemptions 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 that each resident of the City of Forest Park who is 65 years of age or over and who does not have an income from all sources exceeding $4,000 per annum, including the income of his spouse who also occupies and resides at such

Page 1696

homestead, shall be granted a homestead exemption of $4,000 from all ad valorem taxation by said city and to provide that federal old-age, survivor or disability benefits shall not be counted in the computation of income for either the resident and owner of the homestead or his spouse? 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. BRYAN COUNTY INDUSTRIAL DEVELOPMENT AUTHORITYMEMBERSHIP CHANGED. Proposed Amendment to the Constitution. No. 140 (House Resolution 501-1469). A Resolution. Proposing an amendment to the Constitution so as to change the membership of the Bryan County Industrial Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section VII, Paragraph V of the Constitution, as amended by an amendment creating the Bryan County Industrial Development Authority, ratified at the general election in 1968 and found in Georgia Laws 1968, page 1680, is hereby amended by striking from the aforesaid 1968 amendment the following:

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B. The Authority shall be composed of seven members, one of whom shall be the member of the House of Representatives of Georgia whose Representative District includes Bryan County, and six of whom shall be residents of Bryan County appointed by the governing authority of Bryan County and said member of the House of Representatives of Georgia. The first members of the Authority shall take office on January 1, 1969. The members of the Authority shall serve for terms of office concurrent with the terms of office of the members of the governing authority of Bryan County, except the member of the House of Representatives who is a member of said Authority shall serve for a term concurrent with his term in the House of Representatives and shall serve from term to term as long as he remains a member of the House of Representatives. In the event vacancy occurs in the membership of the Authority by death, resignation or otherwise, the appointing authority shall fill the same, but in the event the vacancy occurs in the member's office who is a member of the House of Representatives, then his successor in office shall fill such vacancy. Before assuming their duties of office, each member shall take an oath before an officer duly authorized to administer oaths that he will truly and faithfully perform the duties of a member of the Authority., and inserting in lieu thereof the following: B. The Authority shall be composed of seven members, all of whom shall be residents of Bryan County, to be appointed by the governing authority of Bryan County. The first members of the Authority shall take office on January 1, 1969, and shall serve for terms of office concurrent with the terms of office of the members of the governing authority of Bryan County. The one member to be appointed by the governing authority under this 1974 amendment shall be appointed and shall take office January 1, 1975. In the event a vacancy occurs in the membership of the Authority, the governing authority shall appoint a person to serve the unexpired term. Prior to taking office each member shall take an oath before an officer duly authorized to administer oaths that he will

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truly and faithfully perform the duties of a member of the Authority. 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 change the membership of the Bryan County Industrial Development Authority? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. RICHMOND COUNTYADVERTISING AND PROMOTING OF COUNTY AUTHORIZED. Proposed Amendment to the Constitution. No. 141 (House Resolution No. 513-1517). A Resolution. Proposing an amendment to the Constitution so as to permit the governing authority of the County of Richmond to appropriate property, money and services for the purpose of advertising and promoting the agricultural, industrial, historic, recreational and natural resources, facilities and assets of Richmond County, and for the purpose

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of promoting and encouraging the location and expansion of industrial and commercial facilities and attracting tourists and conventions to 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: Provided, however, that the governing authority of Richmond County is, by this self-executing amendment, authorized and permitted to appropriate property, moneys and services, any or all, so as to advertise and promote the agricultural, industrial, historic, recreational and natural resources, facilities and assets of Richmond County and environs, to promote and encourage the location and expansion of industrial and commercial facilities therein and to attract tourists and conventions thereto, making such appropriations directly for such purposes through such agencies, public or private, as it may designate but conditioned that such appropriations shall not exceed $75,000.00 during any one calendar year. 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 permit the governing authority of the County of Richmond to appropriate property, money and services for the purpose of advertising and promoting the agricultural, industrial, historic, recreational and natural resources, facilities and assets of Richmond County, and for the purpose

Page 1700

of promoting and encouraging the location and expansion of industrial and commercial facilities and attracting tourists and conventions to said county? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. CITY OF NEWNANSOLE OPERATIONAL GOVERNING AUTHORITY FOR UTILITY SYSTEM DESIGNATED. Proposed Amendment to the Constitution. No. 142 (House Resolution No. 516-1556). A Resolution. Proposing an amendment to the Constitution so as to designate the Board of Water, Sewerage and Light Commissioners of the City of Newnan as the sole operational governing authority for the utility systems of the City of Newnan; to grant operational powers to said Board; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section VII, Paragraph V of the Constitution is hereby amended by adding at the end of that paragraph added thereto by an amendment ratified in the 1972 General Election and proposed by a Resolution approved April 5, 1972 (Ga. Laws 1972, p. 1410), the following:

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Notwithstanding anything in this paragraph to the contrary, the Board of Water, Sewerage and Light Commissioners of the City of Newnan shall have complete and sole control and management of the water, sewerage and light works of the City of Newnan independent of the Mayor and Board of Aldermen of said City; shall have the power and authority to make and enter into contracts, shall have the power and authority to charge the citizens of Newnan, and all other persons, firms, corporations or governmental or other entities, such sums as they may deem just and proper for the use of said utilities; shall have power and authority to make all rules and regulations as in their discretion are necessary or proper for the management and control of the water, sewerage and lights of said City of Newnan; shall have power to enforce said rules and regulations by refusing to supply, or to discontinue the supply to any person, firm, corporation, or government or other entity who fails or refuses to comply with said rules and regulations; and shall have the power and authority to perform all acts that may in the opinion of said Board be necessary or proper for the operation and maintenance of said utility systems. 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 designate the Board of Water, Sewerage and Light Commissioners of the City of Newnan as the sole operational body for the utility systems of said City, and to grant to said Board full and complete operational powers and authority over said systems? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring

Page 1702

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 BOWDONCERTAIN HOMESTEAD EXEMPTION FROM AD VALOREM TAXATION GRANTED. Proposed Amendment to the Constitution. No. 143 (House Resolution No. 523-1604). A Resolution. Proposing an amendment to the Constitution so as to provide that the homestead of residents of the City of Bowdon who are 65 years of age or over and have limited incomes shall be granted a homestead exemption of $6,000 from all ad valorem taxation by said city; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following: The homestead of each resident of the City of Bowdon who is 65 years of age or over, if such resident meets the income qualifications hereinafter set forth, is hereby granted an exemption of $6,000 from all ad valorem taxes levied by said city. The exemption provided by this paragraph shall not apply to any homestead which is not actually occupied by the owner as a residence, and if the owner had an income from all sources, including the income of his spouse who also occupies and resides at such

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homestead, which exceeded $4,000 for the immediately preceding calendar year. Federal old-age, survivor or disability benefits shall not be counted in the computation of income for either the resident and owner of the homestead or his spouse. Any such resident shall not receive the benefits of such homestead exemption unless he, or through his agent, files an affidavit with the governing authority or a person designated by the governing authority of the City of Bowdon, giving his age and the amount of income which he and his spouse received during the preceding year, and such additional information relative to receiving the benefits of such homestead exemption as will enable the governing authority or a person designated by the governing authority of the City of Bowdon, to make a determination as to whether such resident and owner is entitled to such exemption. The value of the homestead in excess of the exemption authorized herein shall remain subject to ad valorem taxation by the City of Bowdon. The 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 that the homestead of residents of the City of Bowdon who are 65 years of age or over and have limited incomes shall be granted a homestead exemption of $6,000 from all ad valorem taxation by said city? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No.

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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. GENERAL ASSEMBLY AUTHORIZED TO EXEMPT FROM AD VALOREM TAXATION CERTAIN HARVESTED AGRICULTURAL PRODUCTS. Proposed Amendment to the Constitution. No. 144 (House Resolution No. 540-1634). A Resolution. Proposing an amendment to the Constitution so as to encourage and enhance overall economic development, increase employment, promote agribusiness, and to provide incentives for the location of new and expanding manufacturing and processing facilities, by providing that harvested agricultural products which have a planting-to-harvest cycle of 12 months or less, which are customarily cured and aged for a period in excess of one year after harvesting, and before manufacturing, and which are held in this State for manufacturing or processing purposes, shall be exempt from all ad valorem taxation; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following: In order to encourage and enhance overall economic development, increase employment, promote agribusiness, and to provide incentives for the location of new and expanding manufacturing and processing facilities, harvested agricultural products which have a planting-to-harvest cycle of 12 months or less, which are customarily

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cured and aged for a period in excess of one year after harvesting, and before manufacturing, and which are held in this State for manufacturing or processing purposes, shall be exempt from all ad valorem taxation. 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 order to encourage and enhance overall economic agribusiness, increase employment, promote agribusiness, and to provide incentives for the location of new and expanding manufacturing and processing facilities, harvested agricultural products which have a planting-to-harvest cycle of 12 months or less, which are customarily cured and aged for a period in excess of one year after harvesting, and before manufacturing, and which are held in this State for manufacturing or processing purposes, shall be exempt from all ad valorem taxation? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

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BIBB COUNTYGENERAL ASSEMBLY AUTHORIZED TO EXEMPT CERTAIN AGRICULTURAL PRODUCTS IN COUNTY FROM AD VALOREM TAXATION. Proposed Amendment to the Constitution. No. 145 (House Resolution No. 541-1634). A Resolution. Proposing an amendment to the Constitution so as to encourage and enhance overall economic development, increase employment, promote agribusiness, and to provide incentives for the location of new and expanding manufacturing and processing facilities, by providing that harvested agricultural products which have a planting-to-harvest cycle of 12 months or less, which are customarily cured and aged for a period in excess of one year after harvesting, and before manufacturing, and which are held in Bibb County for manufacturing or processing purposes, shall be exempt from all ad valorem taxation, except State ad valorem taxation; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following: In order to encouorage and enhance overall economic development, increase employment, promote agribusiness, and to provide incentives for the location of new and expanding manufacturing and processing facilities, harvested agricultural products which have a planting-to-harvest cycle of 12 months or less, which are customarily cured and aged for a period in excess of one year after harvesting, and before manufacturing, and which are held in Bibb County for manufacturing or processing purposes, shall be exempt from all ad valorem taxation. Such

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products shall not be exempt from State ad valorem taxation. 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 order to encourage and enhance overall economic development, increase employment, promote agribusiness, and to provide incentives for the location of new and expanding manufacturing and processing facilities, harvested agricultural products which have a planting-to-harvest cycle of 12 months or less, which are customarily cured and aged for a period in excess of one year after harvesting, and before manufacturing, and which are held in Bibb County for manufacturing or processing purposes, shall be exempt from all ad valorem taxation, except State ad valorem taxation? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

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APPLING COUNTYAUTHORITY TO EXPEND PUBLIC FUNDS FOR DEVELOPMENT OF COUNTY GRANTED. Proposed Amendment to the Constitution. No. 146 (House Resolution No. 563-1686). A Resolution. Proposing an amendment to the Constitution, so as to authorize taxation and the expenditure of public funds by the governing authority of Appling County for the development of trade, commerce, industry, and employment opportunities within Appling 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 IV, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following: Any other provision of this Constitution to the contrary notwithstanding, the governing authority of Appling County is hereby authorized to tax and expend the public funds of Appling County for the development of trade, commerce, industry, and employment opportunities within Appling County. The governing authority shall not levy a tax or expend the funds of Appling County in an amount exceeding $100,000.00 per annum. The governing authority of Appling County is hereby authorized to use such funds for the purchase of land and site preparation and may resell such land for development upon such terms and conditions as the governing authority shall impose. The use of funds and the exercise of the power of taxation for the purposes provided for in this paragraph are hereby declared to be for a public purpose. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in

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Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to authorize taxation and the expenditure of public funds by the governing authority of Appling County for the development of trade, commerce, industry, and employment opportunities within Appling 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. RICHMOND COUNTYCERTAIN CAPITAL IMPROVEMENTS OF MANUFACTURING ESTABLISHMENTS EXEMPT FROM CERTAIN AD VALOREM TAXATION, ETC. Proposed Amendment to the Constitution. No. 147 (House Resolution No. 632-1889). A Resolution. Proposing an amendment to the Constitution so as to provide that certain capital improvements of new manufacturing establishments and certain additions to such capital improvements of manufacturing establishments shall be exempt from certain county ad valorem taxes, except school taxes, in Richmond County; to provide for the submission

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of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section I, Paragraph IV of the Constitution of Georgia is hereby amended by adding at the end thereof the following: All capital improvements of each new manufacturing establishment located in Richmond County, Georgia, shall be exempt from all county ad valorem taxes, except for school purposes, for five years from the time of its establishment provided such establishment has capital improvements of $1,000,000. Each addition to the capital improvements of an existing manufacturing establishment located in Richmond County, Georgia, shall be exempt from all county ad valorem taxes, except for school purposes, for five years from the time such addition is made if the cost of such addition is $1,000,000, or more. For the purpose of this exemption the term `manufacturing establishment' shall mean and include every person, firm, partnership, or corporation engaged in making, fabricating or changing things into new forms for use or in refining, rectifying or combining different materials for use. The term `capital improvements' shall mean and include buildings, machinery and equipment directly connected with the manufacturing process. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to exempt the capital improvements of certain manufacturing establishments and certain additions thereto from all Richmond County ad valorem property

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taxes, except school taxes, for a period of five years following their establishment or addition? 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. CENTRAL VALDOSTA DEVELOPMENT AUTHORITY PROVIDED. Proposed Amendment to the Constitution. No. 148 (House Resolution No. 653-1916). A Resolution. Proposing an amendment to the Constitution so as to establish the Central Valdosta Development Authority and to provide for the powers, duties, and responsibilities of said authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section VII, Paragraph I of the Constitution is amended by adding at the end thereof the following: 1. There is hereby created in the City of Valdosta, Lowndes County, Georgia, the Central Valdosta Development Authority, to be composed of seven (7) members, four (4) of whom shall be owners of an interest of at least a life estate or greater interest in real estate located in the Central Valdosta Area, as hereinafter defined, or

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officers at the time of appointment of a corporation or other association owning such real estate or in fee or for life of an undivided interest in such real estate, and they shall be eligible to serve for the term for which they are appointed; one member shall be the Mayor of the City of Valdosta by virtue of his office and two (2) members shall be, at the time of their appointment, merchants or professional people operating businesses or practicing professions within the Central Valdosta Area, as hereinafter defined. The Mayor of the City of Valdosta shall serve during his term of office as mayor. Three (3) of the other six (6) members shall be appointed by the Mayor and Council of the City of Valdosta for a period of one (1) year, and three (3) shall be appointed for a period of two (2) years, and thereafter the terms of the six (6) appointed members shall be two (2) years. 2. The Central Valdosta Area shall consist of that area bounded on the north by Magnolia Street, on the east by Lee Street, on the south by Branch Street and on the west by Toombs Street. Said Area shall include all properties abutting on the north side of Magnolia Street, the east side of Lee Street, the south side of Branch Street and the west side of Toombs Street within the area described. 3. The Central Valdosta Development Authority shall be a body corporate and politic, having the power to sue and be sued in its own name, to contract, to acquire, own, hold, lease, sell and convey real and personal property, tangible or intangible at public or private sale with or without advertisement, and to do all things necessary to the accomplishment of its purposes. 4. The purpose of said Authority shall be the redevelopment and improvement of the Central Valdosta Area, and said Authority shall have the power to employ engineers, architects, surveyors, landscape architects, planners and others in the furtherance of its purpose, to assist public bodies and private owners in the improvement of public and private properties by assisting in the planning therefor, to contract for the construction, remodeling,

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altering and demolition of buildings, and to contract with the City of Valdosta and other public bodies for the construction, reconstruction, altering and changing streets, alleys and malls. 5. The Authority shall have the power to create special tax districts within the Central Valdosta Area to levy and collect taxes within each of said districts not exceeding five (5) mills based on values fixed by the tax digest of the City of Valdosta, Georgia, or the tax digest of the County of Lowndes as provided by law, to defray the costs of the foregoing, and to issue executions and enforce payment of same in the same manner as tax executions for the City of Valdosta are issued and enforced by the City Marshal. Such executions shall be issued in the name of the Authority and shall be signed by an Authority member as chairman or clerk. Said tax executions shall bear interst and fi. fa. costs at the same rate and amount as tax executions of the City of Valdosta. 6. The Authority shall have the power to issue notes or other evidences of indebtedness including revenue bonds or revenue certificates, and to pledge revenues and to levy and collect taxes as hereinabove provided for the retirement of said indebtedness and to issue executions for enforcement thereof as provided in Paragraph 5, provided, however, that the aggregate levy of taxes as provided for in Paragraph 5 and this paragraph shall not exceed five (5) mills. Obligations of the Authority may be secured by the pledge or conveyance of all or any part of its assets, real or personal, tangible or intangible, but the obligations of the Authority shall not be obligations of the City of Valdosta or the State of Georgia. The Authority shall have the right to accept gifts and grants from whatever source and use them for its general purpose. The property, obligations and the interest on the obligations of the Authority shall have the same exemptions from taxation as the property, obligations and interest on the obligations of the City of Valdosta. 7. No taxes shall be levied by said Authority for any purpose against property other than real property or

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against any real property occupied by the owner exclusively as a residence or against any real property not subject to taxation by the City of Valdosta. 8. The Authority shall have the right and power of eminent domain for the purpose of acquiring property in the carrying out of its aims and objectives. 9. No funds of the Authority, except for planning, engineering and design, shall be spent on the improvement of private property. 10. 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 may enlarge the same and may likewise further regulate the management and conduct of the Authority not inconsistent with the provisions of this amendment. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to establish the Central Valdosta Development Authority and to provide for the powers, duties, and responsibilities of said Authority? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

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CITY OF VALDOSTALOWNDES COUNTYCONSOLIDATION AUTHORITY GRANTED. Proposed Amendment to the Constitution. No. 149 (House Resolution No. 654-1916). A Resolution. Proposing an amendment to Article XI, Section I, Paragraph VI of the Constitution of Georgia, so as to delegate to the respective governing authorities of the City of Valdosta, and County of Lowndes, authority to merge and consolidate, by joint resolution, and with or without an enabling act of the General Assembly of Georgia, the offices, officers and functions of the City of Valdosta and of the County of Lowndes relating to the time, manner and method for the return, collection, property assessment, notice of property assessment, hearing, appeal, arbitration or review of property assessment, lien, priority of lien and collection of ad valorem taxes levied by the City of Valdosta, County of Lowndes and State of Georgia and respecting any and all other matters relating or incident to the same; 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 of Georgia is hereby amended by adding at the end thereof a new paragraph to read as follows: Provided, however, that notwithstanding any provision of law or of this Constitution to the contrary, the respective governing authorities of the City of Valdosta and the County of Lowndes may, solely by their joint resolution, consolidate, merge, and combine the offices, officers and functions of the City and of the County relating to the time, manner and method for the return, collection, property assessment, notice of property assessment, hearing, appeal, arbitration or review of property

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assessment, lien, priority of lien and collection of ad valorem taxes levied by the City of Valdosta and County of Lowndes and State of Georgia, and respecting any and all other matters relating or incident to the same, to specify and provide for the time, method and manner of performing any and all such matters and functions; provided further, however, that the Tax Commissioner of the County of Lowndes, as elected from time to time pursuant to law applicable to such office, shall be in charge of such combined and consolidated tax office and function, and such Tax Commissioner shall additionally perform the duties of his office as Tax Commissioner as required by law; provided further, that any provision of law or of this Constitution to the contrary, the said Tax Commissioner shall be compensated by the City of Valdosta for the additional duties and responsibilities hereby imposed which compensation shall be in addition to that compensation heretofore or hereafter provided by law to be paid to him by the County of Lowndes said compensation to be agreed upon by said Tax Commissioner and the City of Valdosta annually or in the event a disagreement shall arise between the City of Valdosta and said Tax Commissioner or there shall be a failure to reach an agreement by the 31st day of January of each year, then the City of Valdosta or the Tax Commissioner shall be authorized to appeal to arbitration. In such event the City of Valdosta and the Tax Commissioner shall, within three days of the appeal to arbitration, name their respective arbitrators, each of them naming one arbitrator, and the two arbitrators so appointed shall choose a third arbitrator. In the event the two arbitrators so chosen are unable to agree on a third arbitrator within five days, the Judge of the Superior Court shall appoint a third arbitrator. Thereafter, the determination and judgment rendered by such arbitration committee shall be made within ten days, and the decision of such committee shall be the compensation to the Tax Commissioner from the City of Valdosta for that year and paid monthly; provided further, that the powers herein delegated may be exercised from time to time and either together, separately or in any combination of the same; provided, however, that such action may be changed, superseded, or revoked

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by legislative action which Act shall be binding on the City and County until subsequently changed by the General Assembly; and provided further that nothing herein shall be construed to authorize any change in the ad valorem tax millage limitation prescribed by any legislative Act. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered in their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to delegate to the respective governing authorities of the City of Valdosta and County of Lowndes authority to merge and consolidate, by joint resolution, and with or without an enabling act of the General Assembly of Georgia, the offices, officers and functions of the City of Valdosta and the County of Lowndes relating to the time, manner and method for the return, collection, property assessment, notice of property assessment, hearing, appeal, arbitration or review of property assessment, lien, priority of lien and collection of ad valorem taxes levied by the City of Valdosta, County of Lowndes and State of Georgia and respecting any and all other matters relating or incident to the same? 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. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon. CITY OF RIVERDALECERTAIN HOMESTEAD EXEMPTION FROM AD VALOREM TAXATION GRANTED. Proposed Amendment to the Constitution. No. 150 (House Resolution No. 655-1916). A Resolution. Proposing an amendment to the Constitution so as to provide that each resident of the City of Riverdale who is 65 years of age or over and who does not have an income from all sources exceeding $4,000 per annum, including the income of his spouse who also occupies and resides at such homestead, shall be granted a homestead exemption of $2,000 from all ad valorem taxation by said city; to provide that federal old-age, survivor or disability benefits shall not be counted in the computation of income for either the resident and owner of the homestead or his spouse; 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:

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Any other provisions of this Constitution to the contrary notwithstanding, each resident of the City of Riverdale who is 65 years of age or over is hereby granted an exemption of $2,000 from all ad valorem taxes levied by the City of Riverdale on the homestead owned and occupied by him as a residence, as provided herein. To qualify for the homestead exemption, the resident and owner of the homestead must not have an income from all sources, including the income of his spouse who also occupies and resides at such homestead, exceeding $4,000 per annum. Federal old-age, survivor or disability benefits shall not be counted in the computation of income for either the resident and owner of the homestead or his spouse. Any such resident shall not receive the benefits of such homestead exemption unless he, or through his agent, files an affidavit with the governing authority or a person designated by the governing authority of the City of Riverdale, giving his age and the amount of income which he and his spouse received during the preceding year, and such additional information relative to receiving the benefits of such homestead exemption as will enable the governing authority or a person designated by the governing authority of the City of Riverdale, to make a determination as to whether such resident and owner is entitled to such exemption. The governing authority or a person designated by the governing authority of the City of Riverdale shall supply affidavit forms for this purpose. If such resident and owner is qualified to receive the old-age homestead exemption of $4,000 from Clayton County ad valorem taxes, proof of such exemption shall qualify such resident and owner of the City of Riverdale for the homestead exemption of $2,000 provided for herein. No homestead shall be subject to more than one exemption, and the value of the homestead in excess of the exemption authorized herein shall remain subject to ad valorem taxation by the City of Riverdale. The exemptions 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

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in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to provide that each resident of the City of Riverdale who is 65 years of age or over and who does not have an income from all sources exceeding $4,000 per annum, including the income of his spouse who also occupies and resides at such homestead, shall be granted a homestead exemption of $2,000 from all ad valorem taxation by said city and to provide that federal old-age, survivor or disability benefits shall not be counted in the computation of income for either the resident and owner of the homestead or his spouse? 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. DeKALB COUNTY JUSTICES OF THE PEACESALARIES PROVIDED, ETC. Proposed Amendment to the Constitution. No. 151 (House Resolution No. 656-1916). A Resolution. Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the

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abolishment of the fee system of compensating justices of the peace and notary public ex officio justices of the peace of DeKalb County and to provide a salary for said officers in lieu of said fees and for qualifications for said officers and for other matters relative to the foregoing; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VI, Section VII 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 fee system of compensation for justices of the peace and notary public ex officio justices of the peace of DeKalb County and to provide a salary for said officers in lieu of said fee system. The General Assembly shall be further authorized to provide by law for qualifications to hold the office of justice of the peace or notary public ex officio justice of the peace in DeKalb County. The General Assembly shall be further authorized to provide by law for the disposition of fees formerly allowed such officers effective at the time the fee system is abolished for said officers and a salary is provided in lieu thereof. The General Assembly shall be further authorized to provide by law for the payment of salaries of said justices of the peace and notary public ex officio justices of the peace of DeKalb County from any funds available to said County in such manner as the General Assembly shall provide. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. 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 fee system of compensating justices of the peace and notary public ex officio justices of the peace of DeKalb County and to provide a salary for said officers in lieu of said fees and for qualifications for said officers and for other matters relative to the foregoing? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. CITY OF SUGAR HILLCERTAIN HOMESTEAD EXEMPTIONS FROM AD VALOREM TAXATION PROVIDED. Proposed Amendment to the Constitution. No. 152 (House Resolution No. 661-1947). A Resolution. Proposing an amendment to the Constitution so as to provide that residents of the City of Suger Hill who are 62 years of age or over, or who are totally disabled, and who have an income from all sources, including the income of certain members of the family, not exceeding $5,000.00 per annum, shall be granted a homestead exemption of $2,000.00 from ad valorem taxation by said city; 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:

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Section 1. Article VII, Paragraph IV, of the Constitution is hereby amended by adding at the end thereof the following: Any other provisions of this Constitution to the Contrary notwithstanding, each resident of the City of Sugar Hill who is 62 years of age or over and who does not have an income from all sources, including the income of all members of the family living in the home of said residents, exceeding $5,000.00 per annum, and each resident of the City of Sugar Hill who is totally disabled and who does not have an income from all sources, including the income of all members of the family living in the home of said resident, exceeding $5,000.00 per annum, is hereby granted an exemption of $2,000.00 on his homestead from all ad valorem taxation by the City of Sugar Hill as long as any such resident of the City of Sugar Hill actually occupies said homestead as his residence. Provided, however, under this provision, there shall be no more than one (1) $2,000.00 exemption per homestead. The value of the homestead in excess of the above exempted amount shall remain subject to ad valorem taxation by the City of Sugar Hill. Any such resident shall not receive the benefits of such homestead exemption unless he files an affidavit with the governing authority of the City of Sugar Hill, or with a person designated by the governing authority of the City of Sugar Hill, giving his age and the amount of income which he receives and the income which members of his family living in his home receive and such additional information relative to receiving the benefits of such exemption as will enable the governing authority of the City of Sugar Hill, or the person designated by the governing authority of the City of Sugar Hill, to make a determination as to whether such owner is entitled to such exemption. The governing authority of the City of Sugar Hill, or the person designated by the said governing authority, shall provide affidavit forms for this purpose. The exemption provided for herein shall apply to all taxable years beginning after December 31, 1974.

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Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to provide that residents of the City of Sugar Hill who are 62 years of age or over, or who are totally disabled, and who have an income from all sources, including the income of certain members of the family, not exceeding $5,000.00 per annum, shall be granted a homestead exemption of $2,000.00 from ad valorem taxation by said City? 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. BOARD OF PUBLIC EDUCATION AND ORPHANAGE OF BIBB COUNTYCOMPENSATION PROVISIONS CHANGED. Proposed Amendment to the Constitution. No. 153 (House Resolution No. 662-1958). A Resolution. Proposing an amendment to the Constitution so as to provide for the compensation of the elective members of the

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Board of Public Education and Orphanage of Bibb County and to authorize the General Assembly to hereafter provide by local law for such compensation without the necessity of any such local law being approved in a referendum election thereon; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VIII, Section V, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following paragraph: Any other provisions of this Paragraph II to the contrary notwithstanding, the elective members of the Board of Public Education and Orphanage of Bibb County, that is, those members from Posts 1 through 8, shall each be compensated in the amount of $250.00 per month, which shall be payable from the funds of said Board of Public Education. Hereafter, the General Assembly shall be authorized to provide by local law for the compensation of any members of said Board of Public Education, and any such local law need not be conditioned upon approval by a majority of the qualified voters of the Bibb County school district voting in a referendum election thereon. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to provide for the compensation of the elective members of the Board of Public Education and Orphanage of Bibb County and to authorize the General Assembly to hereafter provide by local law for such

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compensation without the necessity of any such local law being approved in a referendum election thereon? 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 SNELLVILLECERTAIN HOMESTEAD EXEMPTIONS FROM AD VALOREM TAXATION PROVIDED. Proposed Amendment to the Constitution. No. 154 (House Resolution No. 664-1958). A Resolution. Proposing an amendment to the Constitution so as to provide that residents of the City of Snellville who are 65 years of age or over or who are totally disabled shall be granted a homestead exemption of $2,000.00 from ad valorem taxation by said City; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following: Each resident of the City of Snellville who is 65 years of age or over and each resident of the City of Snellville who is totally disabled is hereby granted an exemption

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of $2,000.00 on his homestead from ad valorem taxation by the City of Snellville as long as any such resident of the City of Snellville actually occupies said homestead as his residence. Any such resident shall not receive the benefit of such homestead exemption unless he files an affidavit with the governing authority of the City of Snellville, or with a person designated by the governing authority of the City of Snellville, giving his age and such additional information relative to receiving the benefit of such exemption as will enable the governing authority of the City of Snellville, or the person designated by the governing authority of the City of Snellville, to make a determination as to whether such owner is entitled to such exemption. Such affidavit shall be filed at the time or times specified by ordinance or resolution of the City of Snellville. The governing authority of the City of Snellville, or the person designated by said governing authority, shall provide affidavit forms for this purpose. No homestead shall be subject to more than one exemption as provided for herein, and the value of the homestead in excess of the above exempted amounts shall remain subject to ad valorem taxation by the City of Snellville. The exemptions 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 that residents of the City of Snellville who are 65 years of age or over or who are totally disabled shall be granted a homestead exemption of $2,000.00 from ad valorem taxation by said City?

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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. HOUSTON COUNTYGRANTS FOR EDUCATION AND TRAINING OF CERTAIN HANDICAPPED CITIZENS PROVIDED. Proposed Amendment to the Constitution. No. 155 (House Resolution No. 665-1960). A Resolution. Proposing an amendment to the Constitution so as to authorize the Board of Education of Houston County to make grants for the purpose of educating or training certain handicapped citizens of Houston County; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VIII, Section XIII, Paragraph I of the Constitution is hereby amended by adding a new paragraph at the end thereof to read as follows: Beginning January 1, 1976, the Board of Education of Houston County shall be authorized to grant to the parents or guardians, or directly to the private educational institution, of any educable or trainable mentally retarded or hearing impaired or physically handicapped resident of Houston County, who is 25 years of age or less, a grant when such resident is attending a private educational institution. Such grants shall be made from

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the funds raised for the maintenance and support of the public educational system of Houston County. The Board of Education of Houston County shall establish minimum standards which must be maintained by private educational institutions which are attended by such residents in order for the applicant for such a grant to be entitled to receive same. In addition, the Board of Education is authorized to establish and promulgate such rules and regulations as they deem necessary relating to the administration of this paragraph. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to authorize the Board of Education of Houston County to make grants for the purpose of educating and training certain handicapped citizens of Houston 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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COBB COUNTYCERTAIN REVENUES DERIVED FROM CERTAIN INTOXICATING BEVERAGES TO BE PAID BOARDS OF EDUCATION. Proposed Amendment to the Constitution. No. 156 (House Resolution No. 667-1965). A Resolution. Proposing an amendment to the Constitution so as to provide that the governing authorities of Cobb County and of each incorporated municipality located within Cobb County shall pay one-half of the revenues, after deducting administrative costs of not more than ten percent, derived from taxes authorized by the Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors, approved February 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 103), as the same may now or hereafter be amended, excluding business license fees, on the wholesale and retail sale of alcoholic beverages and liquors to the boards of education of the county or independent school district within the area from which such tax revenues were derived; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VIII, Section XII, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following: From the revenue received from taxes authorized by the `Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors', approved February 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 103), as the same may now or hereafter be amended, excluding business license fees, on the wholesale and retail sale of alcoholic beverages and liquors which are sold, dispensed or delivered within Cobb County or within any incorporated municipality located within Cobb County, the governing authorities of Cobb County and of each incorporated municipality shall

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pay one-half of the net revenue collected from such taxes to the board of education of the county or independent school district within the area from which such tax revenues were derived. The funds received from such taxes shall not be included for purposes of calculating the millage rate limitation provided for in this Constitution to be levied for educational purposes. The monies derived hereunder shall be spent exclusively for educational purposes within the respective school district from which collected. The governing authority of the county and of each municipality located therein shall deduct not more than ten (10) percent as administrative costs for the direct costs of collection of such taxes. Said costs, shall include the salaries of personnel required to administer the legalizing, control, policing, licensing and taxation of such beverages and the costs of supplies, data processing and all other incidental expenses. The term `net revenue', as used herein, means the total revenues from all taxes, excluding business license fees, on the wholesade and retail sale of such alcoholic beverages and liquors minus administrative costs of not more than ten percent of such revenues. The total revenues before administrative costs are deducted shall include all receipts from the legalizing, controlling and taxing of the sale of alcoholic beverages and liquors, including but not limited to all interests, costs and fi. fas. on delinquent accounts and shall exclude any business license. The governing authorities shall pay such revenues to the boards of education within 30 days of the last day of the month in which such revenues were collected. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to provide that the governing authorities of Cobb County and of each incorporated

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municipality located within Cobb County shall pay one-half of the revenues, after deducting administrative costs of not more than ten percent, derived from taxes authorized by the `Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors', approved February 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 103), as the same may now or hereafter be amended, excluding business license fees, on the wholesale and retail sale of alcoholic beverages and liquors to the boards of education of the county or independent school district within the area from which such tax revenues were derived? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of the State. FORSYTH COUNTY COMMISSION OF PUBLIC SAFETY ESTABLISHED. Proposed Amendment to the Constitution. No. 157 (House Resolution No. 668-1972). A Resolution. Proposing an amendment to the Constitution so as to provide for a Commission of Public Safety for Forsyth County; to provide for the establishment of a county police force and a chief of county police; to provide for the powers of the Sheriff of Forsyth County; to provide for other matters relative thereto; to provide for the submission

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of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article XI, Section I, Paragraph VI of the Constitution is hereby amended by adding at the end thereof the following language: There is hereby created within the County of Forsyth the Commission of Public Safety, hereinafter referred to as the `Commission.' The Commission shall consist of five members to be appointed by the governing authority of Forsyth County for four-year terms; provided, however, that three of the initial members shall be appointed for two terms so that the terms of office of members of the Commission shall correspond with the terms of office of members of the governing authority. Vacancies shall be filled for the remainder of unexpired terms. It shall be the duty of the Commission to establish a county police force for Forsyth County which shall have the same law enforcement powers, duties and authority as provided for sheriffs of this State. The Commission shall direct, supervise and coordinate the administration and activities of the county police force. The Commission shall appoint a chief of county police who shall be the chief law enforcement officer of the county and who shall have the same powers and duties as provided for sheriffs of this State. The Commission shall appoint such other employees as it shall deem necessary to efficiently and effectively carry out the law enforcement functions of Forsyth County. The Commission shall, from time to time, recommend to the governing authority of Forsyth County the number of such other employees needed for the county police force and their compensation. However, it shall be within the sole discretion of the governing authority of Forsyth County to determine the number of such other employees and the compensation of each. It shall be within the sole discretion of the Commission to designate and name the persons who shall be employed and to remove any of such employees at will. The chief

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of county police shall prescribe the duties and assignments of such employees unless otherwise provided by the Commission. The necessary operating expenses of the county police force, expressly including the compensation of all employees, shall be paid from any funds of Forsyth County available for such purpose. All supplies, materials, furnishings, furniture, utilities, automobiles and radio equipment as may be reasonably required in discharging the official duties of said county police force shall be furnished by Forsyth County and shall be paid from any funds of Forsyth County available for such purpose. The determination of such requirements shall be at the sole discretion of the governing authority of Forsyth County. The compensation of the members of the Commission shall be set by the governing authority of Forsyth County and paid from county funds available for such purpose. The Sheriff of Forsyth County shall have the same duties as other sheriffs of this State with respect to civil cases in the courts of the county and shall have only such other duties expressly prescribed by the Commission of Public Safety. All other duties and powers hereinbefore exercised by the Sheriff of Forsyth County, unless otherwise provided by the Commission, shall be exercised by the Chief of County Police of Forsyth 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 provide for a Commission of Public Safety for Forsyth County, to provide for the establishment of a county police force

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and a chief of county police, and to provide for the powers of the Sheriff of Forsyth 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. HALL COUNTYGENERAL ASSEMBLY AUTHORIZED TO PROVIDE SYSTEM OF TAXATION IN COUNTY, ETC. Proposed Amendment to the Constitution. No. 158 (House Resolution No. 674-2013). A Resolution. Proposing an amendment to the Constitution so as to enlarge and change the power of the General Assembly in relation to the system and administration of taxation and public revenue in Hall County, Georgia, by authorizing the General Assembly to prescribe by law the time for making levies and assessments, the manner in which tax bills and notices shall be prepared, the number, form and content of tax bills and notices, the time for payment of taxes and other charges, either in installments or in one sum, the time default shall occur, the manner in which tax payments shall be apportioned, the location of certain offices, and the forms, equipment, devices and machinery to be used in the administration of the tax and public revenue system in said county, to authorize the General Assembly to delegate certain such powers; 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:

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Section 1. Article VII of the Constitution of Georgia is hereby amended by adding at the end thereof a new Section to be appropriately numbered and to read as follows: Paragraph I. The General Assembly of Georgia shall have the power, by general, local or special law applicable to Hall County, to: (a) Prescribe the date or time when the fiscal authorities of said county shall make or fix the levy of ad valorem taxes and the amount of assessments and other changes to be made for any purpose against property or property owners; (b) Prescribe the manner in which bills and notices covering taxes or assessments or other charges, including those due to the State of Georgia and Hall County, shall be prepared, the number of such bills or notices, and the information to be shown thereon, or to delegate authority to determine such matters; (c) Provide when the payment of taxes or assessments or other charges, including those due to the State of Georgia and Hall County, shall be due, either in installments or in one sum, and when default in such payment shall occur; (d) Authorize payments or partial payments of taxes, assessments or other charges, or installments thereof, to be apportioned between the State of Georgia and Hall County, in the same proportions that the taxes, assessments or other charges due each shall bear to the whole bill or bills reserving to the taxpayer the right to direct how money paid by taxpayer shall be applied; (e) Prescribe the location of the office or offices, without reference to the courthouse, of any tax or fiscal officer whose duties are connected with the tax or public revenue system, anywhere in said county, or provide how the location of such offices shall be determined; and

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(f) Prescribe or authorize the use of new or improved forms, records, equipment, devices, or other machinery for collecting, computing, maintaining, distributing or otherwise employing information and data connected with the tax or revenue system of such 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 enlarge and change the power of the General Assembly in relation to the system and administration of taxation and public revenue in Hall County, Georgia, by authorizing the General Assembly to prescribe by law the time for making levies and assessments, the manner in which tax bills and notices shall be prepared, the number, form and content of tax bills and notices, the time for payment of taxes and other charges, either in installments or in one sum, the time default shall occur, the manner in which tax payments shall be apportioned, the forms, equipment, devices and machinery to be used in the administration of the tax and public revenue system in said county, and to authorize the General Assembly to delegate certain such powers? 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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DOWNTOWN SAVANNAH AUTHORITY. Proposed Amendment to the Constitution. No. 159 (House Resolution No. 677-2014). A Resolution. Proposing an amendment to the Constitution so as to create the Downtown Savannah 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 Savannah 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 Savannah and to contract with the Authority for the use by the City of Savannah or the residents thereof of any facilities or services of 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 Savannah; 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 I. Article VII, Section VII, Paragraph V of the Constitution is hereby amended by adding at the end thereof the following: DOWNTOWN SAVANNAH AUTHORITY. 1. Creation. There is hereby created a body corporate and politic to be known as the Downtown Savannah Authority which shall be deemed to be an instrumentality of the State of Georgia and a public corporation thereof

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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. 2. Purpose. The said Authority is created for the purpose of acquiring, constructing, adding to, extending, improving, equipping, maintaining and operating public projects, public buildings and other public facilities, parkng lots or garages 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. 3. 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 Savannah, Georgia, or a member of the City Council of the City of Savannah who shall serve during his term of office. The remaining four members of the Authority, selected by the Mayor and Aldermen of the City of Savannah, shall be residents and qualified voters of the City of Savannah but no member of the City Council shall be eligible for appointment during his term of office. The original members of the Authority shall be appointed as follows: one for a term of four years; one for a term of three years; one for a term of two years; and one for a term of one year. Thereafter, all members selected and appointed shall serve for a term of four 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

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Chairman who shall be elected for a term of one year 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-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 members 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. 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. 4. Definitions. As used herein the following words and terms shall have the following meanings: A. The word `Authority' shall mean the Downtown Savannah Authority herein created. B. The word `Projects' or `Project' shall be deemed to mean and include the acquisition, construction, equipping,

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maintenance and operation of any public project, public building or other public facility, parking lots, garages, or other parking structures or similar undertaking and any and all other facilities useful or desirable in connection with such undertakings and extensions and improvements of such projects, buildings or facilities and the acquisition of the necessary property therefor, both real and personal, all for the essential public purposes of development and promotion of civic and cultural growth, public welfare, trade, commerce, education, amusement, recreation or to alleviate traffic congestion in the City of Savannah and thereby better protect the lives and property of its residents and others using its streets. C. 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 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 determine 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. D. 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

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(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. E. 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 Savannah or other political subdivision 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. 5. Powers. The Authority shall have the powers: A. To adopt and alter a corporate seal; B. 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; C. To acquire in its own name by purchase, on such terms and conditions and in such manner as it way 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

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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; D. To appoint, select and employ officers, agents and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and fix their respective compensations; E. 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 Savannah 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 Savannah is hereby authorized to enter into contracts and related agreements for the use by the City of Savannah or the residents thereof of any project, structure, building or facility or a combination of two or more projects, 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 and to obligate said City to make

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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 Savannah, 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 or facilities so furnished by said Authority; F. 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; G. To accept loans and/or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may require; H. 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; I. 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; J. To exercise any power usually possessed by private corporations performing similar functions, which is not

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in conflict with the Constitution and laws of this State; and K. To do all things necessary or convenient to carry out the powers expressly given hereunder. 6. 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 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. 7. Same; Form; Denomination; 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 forms, 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. 8. 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

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shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. All such bonds shall be signed by the Chairman of the Authority and the official seal of the Authority shall be affixed thereto and attested by the Secretary and Treasurer of the Authority and any coupons attached thereto shall bear the facsimile signatures of the Chairman and Secretary and Treasurer of the Authority. Any coupon may bear the facsimile signatures of such persons and any bond may be signed, sealed and attested on behalf of the Authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office. 9. 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. 10. Same; Sale; Proceeds of Bonds. The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the Authority and the proceeds derived from the sale of such bonds shall be used solely for the purpose provided in the proceedings authorizing the issuance of such bonds. 11. 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. 12. Same; Replacement of Lost or Mutilated Bonds. The Authority may also provide for the replacement of any bonds or coupons which shall become mutilated or be destroyed or lost. 13. 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

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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. 14. 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 Savannah, 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 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. 15. Same; Trust Indentures 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, toll, revenues and earnings to be received by the Authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority

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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 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. 16. To Whom Proceeds 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. 17. 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

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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 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. 18. 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

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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. 19. 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. 20. 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 Chatham County, Georgia, and any action pertaining to the validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions. 21. 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 subdivisions 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

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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 Authority. 22. 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. 23. 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. 24. Rates, Charges and Revenues; Use. The Authority is hereby authorized to prescribe and fix rents and rates and to revise same from time to time and to collect payments, fee, tolls and charges on each project or for the services, facilities and commodities furnished; and in anticipation of the collection of the revenues of such undertakings or projects, 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 undertakings or projects; and to pledge to the punctual payment of said bonds, and interest thereon, all or any part of the revenues of such undertakings or projects, including the revenues of improvements, betterments or extensions thereto thereafter made. 25. Rules and Regulations for Operation of Projects. It shall be the duty of the Authority to prescribe rules

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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. 26. Governmental Function. It is hereby declared that the Authority is created for a public purpose and will be performing an essential governmental function in the exercise of the powers conferred upon it hereunder in the development and promotion of civic and cultural growth, public welfare, trade, commerce, education, amusement, recreation or to alleviate traffic congestion in the City of Savannah and thereby better protect the lives and property of its residents and others using its streets. 27. 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 obligations of the Authority. 28. 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. 29. Construction. This amendment and all provisions, rights, powers and authority granted hereunder shall be effective, notwithstanding any other provision of the Constitution to the contrary, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of its purposes.

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30. Effective Date. This amendment shall be effective immediately upon proclamation of its ratification by the Governor. 31. 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 Savannah, Georgia, as the same now or may hereafter exist. Section II. 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 create the Downtown Savannah 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 Savannah 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 Savannah to contract with the Authority and to authorize

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said City to levy taxes and to expend tax monies 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 Savannah? 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. MACON-BIBB COUNTY URBAN DEVELOPMENT AUTHORITYCERTAIN APPROPRIATIONS AUTHORIZED FOR CERTAIN PURPOSES, ETC. Proposed Amendment to the Constitution. No. 160 (House Resolution No. 685-2027). A Resolution. Proposing an amendment to the Constitution so as to permit the governing authorities of the County of Bibb and of the City of Macon to appropriate, with limitations, properties, monies, and services directly, or through the Macon-Bibb County Urban Development Authority, for the purposes of acquiring, constructing, improving, altering, repairing and maintaining properties within Bibb County, Georgia, so as to develop and redevelop urban, central city and downtown areas located within the County of Bibb; to provide for the power of eminent domain to be exercised with limitations by the Macon-Bibb County Urban Development Authority; to ratify and confirm an Act of the General Assembly of Georgia creating the

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Macon-Bibb County Urban Development Authority; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section V, Paragraph I of the Constitution of the State of Georgia, ratified in the general election of August 7, 1945, and as the same has been heretofore and may be contemporaneously amended, is hereby amended by adding thereto the following: Provided, however, that the governing authorities of the County of Bibb and of the City of Macon, either and both, are by this self-executing amendment, authorized and permitted, directly, or through the Macon-Bibb County Urban Development Authority, to appropriate properties, monies and services, any or all, for the purposes of acquiring, constructing, improving, altering, repairing or maintaining properties within Bibb County, Georgia, so as to develop and redevelop for the public good urban, central city and downtown areas located within Bibb County and in a manner that said powers may be exercised directly by the County of Bibb, the City of Macon or the Macon-Bibb County Urban Development Authority created by an Act of the General Assembly at the 1974 Session thereof and provided further that said Macon-Bibb County Urban Development Authority shall be authorized to exercise the powers of eminent domain subject to the limitations set forth in said Act creating said Authority and provided further that an Act of the General Assembly of Georgia entitled `An Act to create the Macon-Bibb County Urban Development Authority; to establish said Authority as a public body corporate and politic; to authorize the Authority to exercise certain powers including the right and authority to acquire, construct, improve, alter, repair and maintain properties within Bibb County, Georgia, for the purpose of providing improvements for the public good of urban, central city and downtown areas located within Bibb County, Georgia; to provide for the exercise of the power of eminent domain by said Authority and to establish the procedures by which such powers shall be exercised; to

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impose duties on the Authority; to designate the members of the Authority; to authorize the City of Macon and Bibb County to execute leases and contracts with said Authority in furtherance of the purposes and responsibilities of the Authority; to authorize the Authority to incur debt by promissory notes or the issuance of revenue bonds of the Authority and to provide for the collection of revenues, rents and earnings by the Authority for the amortization and payment of such revenue bonds or other debts incurred by said Authority and the pledging of said revenues or other funds for such purposes; to authorize the execution of contracts, trust instruments, deeds to secure debt and the encumbrancing of the Authority's property to secure the payment of bonds, debts or other evidence of indebtedness; to provide rights for the holders of bonds or other debts of the Authority; to provide that the debts of the Authority shall not constitute debts of the State nor of any city, town, municipality or county thereof; to make such bonds legal investments and exempt the same and the income therefrom and interest thereon and all property of the Authority from taxation; to authorize the issuance of refunding bonds; to provide for validation of bonds of the Authority and the security therefor; to provide for the severability of the provisions of this act; to repeal all laws and parts of laws in conflict herewith; and for other purposes,' which was enacted at the Session of the General Assembly of Georgia commencing in January, 1974, is ratified and confirmed as of the dates of both its passage and approval; and provided further that, insofar as this amendment relates to the said Act creating said Macon-Bibb County Urban Development Authority, the effectiveness of this amendment shall be retroactive to such dates as may be required to assure said Act of full force, effect and validity. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted

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as provided in Article XIII, Section I, Paragraph I of the said Constitution of Georgia of 1945, and as aforesaid 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 permit the governing authorities of the County of Bibb and of the City of Macon to appropriate, with limitations, properties, monies and services directly, or through the Macon-Bibb County Urban Development Authority, for the purposes of acquiring, constructing, improving, altering, repairing and maintaining properties within Bibb County, Georgia, so as to develop and redevelop urban, central city and downtown areas located within the County of Bibb; to provide for the power of eminent domain to be exercised with limitations by the Macon-Bibb County Urban Development Authority; to ratify and confirm an act of the General Assembly of Georgia creating the Macon-Bibb County Urban Development Authority; and for other purposes? All persons desiring to vote in favor of adopting the proposed amendment shall vote Yes for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote No against ratification. If a majority of the electors qualified to vote for members of the General Assembly voting thereon in Bibb County and in the City of Macon shall vote for ratification thereof, this amendment shall become a part of the Constitution of this State. The returns of the elections shall be made in like manner as returns for election for members of the General Assembly, and it shall be the

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duty of the Secretary of State to ascertain and certify the result to the Governor, who shall, if such amendment be ratified, issue his proclamation thereon. BULLOCH COUNTYAUTHORITY GRANTED TO BOARD OF EDUCATION TO APPOINT SCHOOL SUPERINTENDENT. Proposed Amendment to the Constitution. No. 161 (House Resolution No. 687-2029). A Resolution. Proposing an amendment to the Constitution so as to provide that the School Superintendent of the Bulloch County School System shall be appointed by the Bulloch County Board of Education rather than elected by the voters of the Bulloch County School District; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VIII, Section VI, of the Constitution is hereby amended by adding at the end thereof the following: The successor to the School Superintendent of the Bulloch County School System who is in office on January 1, 1975, and future successors to such office, shall be appointed by the Bulloch County Board of Education prior to the expiration of the term of office of the School Superintendent. Successors to such School Superintendent shall serve at the pleasure of the Bulloch County Board of Education. The provisions of this paragraph shall not affect the term of office of the School Superintendent who is in office on January 1, 1975. Section 2. The above proposed amendment to the Constitution

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shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to provide that the School Superintendent of the Bulloch County School System shall be appointed by the Bulloch County Board of Education rather than elected by the voters of the Bulloch County School District? 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. CHATHAM COUNTYAUTHORITY TO ENTER INTO CERTAIN CONTRACTS FOR GOVERNMENTAL PURPOSES PROVIDED. Proposed Amendment to the Constitution. No. 162 (House Resolution No. 693-2051). A Resolution. Proposing an amendment to the Constitution so as to authorize the governing authorities of Chatham County, Georgia, 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

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obligation thereof, for any period not exceeding 40 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 (3) land and buildings as a parking lot, parking garage and parking decks and other facilities useful or desirable in connection therewith to be utilized by Chatham County residents and others while transacting business in and about the Courthouse of Chatham County, Georgia, which is declared to be an essential public purpose to alleviate traffic congestion thereby protecting the lives and property of those using the streets in and about the Courthouse of Chatham County, Georgia, and to obligate said county to pay for the use of the land and buildings and related facilities from tax funds and other sources; to provide that any obligation made by Chatham 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; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section VI, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following: Any other provisions of the Constitution to the contrary notwithstanding, the governing authority of Chatham County is hereby authorized 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, with individuals, private firms and corporations for any period not exceeding forty (40) years 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)

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related facilities to be utilized for governmental, proprietary and administrative functions, and (3) land and buildings as a parking lot, parking garage and parking decks and other facilities useful or desirable in connection therewith to be utilized by Chatham County residents and others while transacting business in and about the Courthouse of Chatham County, Georgia, which is declared to be an essential public purpose to alleviate traffic congestion thereby protecting the lives and property of those using the streets in and about the Courthouse of Chatham County, Georgia, and to obligate said county to pay for the use of the land and buildings and related facilities from tax funds and other sources. Any obligation made by Chatham 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 of Georgia. The provisions of this constitutional amendment shall be self-executing. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to authorize the governing authority of Chatham 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 forty (40) years with individuals, private firms and corporations for the lease, lease-purchase, purchase and acquisition of financing of (1) land and a building to be utilized as a county courthouse,

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and (2) related facilities to be utilized for governmental, proprietary and administrative functions, and (3) land and buildings as a parking lot, parking garage and parking decks and other facilities useful or desirable in connection therewith to be utilized by Chatham County residents and others while transacting business in and about the Courthouse of Chatham County, Georgia, which is declared to be an essential public purpose to alleviate traffic congestion thereby protecting the lives and property of those using the streets in and about the Courthouse of Chatham County, Georgia, and to obligate said county to pay for the use of the land and buildings and related facilities from tax funds and other sources; and to provide that any obligation made by Chatham 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? 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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COBB COUNTYAUTHORITY OF GENERAL ASSEMBLY TO REDEFINE EDUCATION DISTRICTS PROVIDED, ETC. Proposed Amendment to the Constitution. No. 163 (House Resolution No. 694-2052). A Resolution. Proposing an amendment to the Constitution so as to authorize the General Assembly to redefine the education districts of the Cobb County School District and to determine the number of members of the Cobb County Board of Education, their terms of office, residence requirements, compensation, manner of election or appointment and the method for filling vacancies occurring on said board of education without the necessity of submitting any legislation pertaining thereto to the electors of the Cobb County School District for approval for rejection; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VIII, Section V, Paragraph II of the Constitution is hereby amended by adding after the words referendum thereon at the end of the first sentence thereof, the following: ; provided, however, that with respect to the Board of Education of the Cobb County School District, approval by a majority of the qualified voters of such school district voting in a referendum shall not be required and by adding at the end thereof the following paragraph: Notwithstanding any other provisions of this Constitution to the contrary, the General Assembly shall have the authority to redefine and reapportion the education districts of the Cobb County School District, without the

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necessity of submitting any legislation pertaining thereto to the electors of the Cobb County School District for approval or rejection. 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 exercise all of those powers enumerated and authorized in Article VIII, Section V, Paragraph II of the Constitution of Georgia with respect to the Cobb County School District without the necessity of repeated periodic referendums at public expense? 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 the State. DOWNTOWN WAYCROSS DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 164 (House Resolution No. 712-2070). A Resolution. Proposing an amendment to the Constitution so as to provide for the establishment of a Downtown Waycross Development Authority; to provide for the submission

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of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section VII, Paragraph I of the Constitution is amended by adding at the end thereof the following paragraph: The General Assembly shall be authorized to create in and for the City of Waycross, the Downtown Waycross Development Authority for the purpose of the redevelopment of the downtown Waycross area. Said Authority shall have the power to employ engineers and planners, to contract for the construction of buildings and other facilities, and to contract with the City of Waycross for the construction, reconstruction, altering and changing and closing of streets and alleys. The General Assembly shall be authorized to empower the Authority to create special tax districts within the City of Waycross, and to levy and collect taxes within said districts based on values of the taxable property fixed by the Tax Digest of the City of Waycross to defray the costs of the foregoing. The General Assembly may authorize the Authority to create one or more of such districts and authorize the Authority to define the boundaries of such districts. The Authority shall have the power to issue bonds and/or revenue certificates, and to pledge revenues and to levy and collect taxes within said districts for the retirement of said indebtedness. No taxes shall be levied by said Authority for any purpose against owner occupied property used exclusively for residential purposes or property used for school or church purposes. The authority shall have the right and power of eminent domain for the purpose of acquiring property in the carrying out of its aims and objectives. The General Assembly shall provide for all matters relating to the composition of the members of the Authority, their terms of office and related matters and the geographical limits within the City of Waycross which shall be subject to the provisions of this paragraph.

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Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to provide for the establishment of a Downtown Waycross Development Authority and to provide for the powers, duties and responsibilities of said Authority? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. CITY OF PALMETTOCERTAIN HOMESTEAD EXEMPTIONS FROM AD VALOREM TAXATION PROVIDED. Proposed Amendment to the Constitution. No. 165 (House Resolution No. 136-504). A Resolution. Proposing an amendment to the Constitution so as to provide that residents of said city who are sixty-five years of age or older and who do not have an income from all sources exceeding $4,000.00 shall be granted an exemption of $4,000.00 on their homestead from all ad valorem taxation; to provide an effective date; to provide for the submission

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of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following: Any other provisions of this Constitution to the contrary notwithstanding, each resident of the City of Palmetto who is sixty-five years of age or over and who does not have an income from all sources, including the income of his spouse who is living in the home of said resident, exceeding $4,000.00 for the immediately preceding taxable year for State of Georgia income tax purposes, is hereby granted an exemption of $4,000.00 on his homestead from all ad valorem taxation by the City of Palmetto as long as any such resident of the City of Palmetto actually occupies said homestead as his residence. The value of the homestead in excess of the above exempted amount shall remain subject to ad valorem taxation by the City of Palmetto. Any such resident shall not receive the benefits of such homestead exemption unless he files an affidavit with the governing authority of the City of Palmetto, or with a person designated by the governing authority of the City of Palmetto, giving his age and the amount of income which he receives and the income which his spouse receives and such additional information relative to receiving the benefits of such exemption as will enable the governing authority of the City of Palmetto, or the person designated by the governing authority of the City of Palmetto, to make a determination as to whether such owner is entitled to such exemption. The governing authority of the City of Palmetto, or the person designated by the said governing authority, shall provide affidavit forms for this purpose. The exemption provided for herein shall apply to all taxable years beginning after December 31, 1974. If such resident is similarly exempted from Fulton County or Coweta County ad valorem taxes, proof of such

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exemption will qualify such resident for the City of Palmetto for the $4,000.00 tax exemption contemplated 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 provide that residents of the City of Palmetto who are sixty-five years of age or older and who do not have an income from all sources exceeding $4,000.00 shall be granted an exemption of $4,000.00 on their homestead from all ad valorem taxation? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. CITY OF COLLEGE PARKCERTAIN HOMESTEAD EXEMPTIONS FROM AD VALOREM TAXATION PROVIDED. Proposed Amendment to the Constitution. No. 166 (House Resolution No. 147-568). A Resolution. Proposing an amendment to the Constitution so as to provide a homestead exemption from City ad valorem taxation

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to resident homeowners in the City of College Park who are under the age of 65 in an amount of two thousand dollars ($2,000.00); to provide a homestead exemption from City ad valorem taxation to resident home-owners in the City of College Park who are totally disabled or are 65 years of age or older, in an amount of four thousand dollars ($4,000.00); 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 adding at the end thereof the following: A homestead of each resident under the age of 65 of the City of College Park actually occupied by the owner as a resident and homestead, but only so long as actually occupied by the owner primarily as such, is hereby exempted from City ad valorem taxes, except taxes levied by said City for the payment of interest on and retirement of bonded indebtedness, in an amount of two thousand dollars ($2,000.00) of its value. A homestead of each resident who is totally disabled or is 65 years of age or older, of the City of College Park actually occupied by the owner primarily as such, is hereby exempted from all City ad valorem taxes, except taxes levied by said City for the payment of interest and retirement of bonded indebtedness, in an amount of four thousand dollars ($4,000.00) of its value. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following:

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() YES () NO Shall the Constitution be amended so as to provide for homestead exemption for resident homeowners of the City of College Park in an amount of two thousand dollars ($2,000.00) for resident homeowners under the age of 65 and in an amount of four thousand dollars ($4,000.00) for resident homeowners who are totally disabled or are 65 years of age or older? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. DOUGHERTY COUNTYEXCLUSIVE FRANCHISES FOR GARBAGE COLLECTION PROVIDED. Proposed Amendment to the Constitution. No. 167 (House Resolution No. 568-1705). A Resolution. Proposing an amendment to the Constitution so as to authorize the governing authority of Dougherty County to grant exclusive franchises for the collection of garbage in the unincorporated areas of Dougherty 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 IV, Paragraph 1 of the Constitution is hereby amended by adding at the end thereof, the following:

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The governing authority of Dougherty County, in order to provide for the public welfare, health and security of the people of Dougherty County, shall have the right to regulate and exercise police powers over the collection of garbage in all areas of Dougherty County outside the incorporated limits of municipalities and shall have the right to issue exclusive franchises for the collection of garbage in any areas of Dougherty County outside the incorporated limits of municipalities; and in assessing the fees or charges for such franchises; to prescribe the fees to be charged by any and all parties franchised by the governing authority and to provide for the payment of such fees, including the right of the governing authority to make collections for the holders of such franchises; and to make such necessary rules and regulations pertaining to the collection of garbage as may be necessary to effectuate the powers herein 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 authorize Dougherty County to issue franchises for the collection of garbage in unincorporated areas of Dougherty County? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

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GENERAL HOSPITAL AUTHORITY FOR WEST CHATHAM COUNTY PROVIDED. Proposed Amendment to the Constitution. No. 168 (House Resolution No. 596-1777). A Resolution. Proposing an amendment to the Constitution so as to create the General Hospital Authority of West Chatham County to be activated by the adoption of a resolution by the governing authority of Chatham 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 IV of the Constitution is hereby amended by adding at the end thereof the following paragraphs: There is hereby created a public body corporate and politic to be known as the General Hospital Authority of West Chatham County, hereinafter referred to as the Authority, which shall consist of a board of seven members who shall be citizens of Chatham County residing within the West Chatham County General Hospital District, as hereinafter defined, selected by the governing authority of Chatham County. The members of the board shall serve at the pleasure of the governing authority of Chatham County. The members of the board shall elect a chairman and such other officers from its own membership as the board deems necessary or desirable. There is hereby created the West Chatham County General Hospital District, hereinafter referred to as the District, which shall consist of the western portion of Chatham County embraced within the following described area: beginning at a point where the northern right-of-way of Interstate Highway 16 intersects the Chatham-Effingham Counties boundary line; thence northeasterly

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and easterly along said Chatham-Effingham Counties boundary line to the western bank of the Savannah River; thence southerly along the western bank of the Savannah River to a point where the easterly extension of Lathrop Avenue would intersect the western bank of the Savannah River; thence westerly along said extension of Lathrop Avenue and the centerline of Lathrop Avenue to the point where the centerline of Lathrop Avenue intersects the southern right-of-way of Lyons Parkway; thence southwesterly along the southern right-of-way of Lyons Parkway to a point where the southern right-of-way of Lyons Parkway intersects the northern right-of-way of Interstate Highway 16; thence westerly along the northern right-of-way of Interstate 16 to the point of beginning where the northern right-of-way of Interstate Highway 16 intersects the Chatham-Effingham Counties boundary line. The Authority is created for the purpose of constructing a general hospital to be located within the District and for the purpose of maintaining and operating said general hospital. In order to carry out such purposes, the Authority shall be a hospital authority within the meaning of Georgia Code Chapter 88-18, relative to hospital authorities, as now or hereafter amended, and shall have all the powers and duties of a hospital authority under the provisions of said Code Chapter, except that the area of operation of the Authority shall be the District, as herein defined, and the projects of the Authority shall be limited to the construction, maintenance and operation of a general hospital within said District. The governing authority of Chatham County shall be authorized to contract with the Authority pursuant to said Code Chapter 88-12 and to levy a tax in connection therewith only upon the taxable property located within the District. The governing authority of Chatham County shall be further authorized to issue general obligation bonds and to provide the Authority with the proceeds from the sale of such bonds as provided by said Code Chapter 88-12, but such general obligation bonds shall be retired from the proceeds of a tax levied for such purpose only on the taxable property located within the District.

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The General Hospital Authority of West Chatham County created herein shall be activated only by the adoption of a resolution by the governing authority of Chatham County declaring a need for said Hospital Authority and implementing the provisions of this amendment to the Constitution. 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 create the General Hospital Authority of West Chatham County to be activated by the adoption of a resolution by the governing authority of Chatham 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. FORSYTH COUNTYBUSINESSES IN UNINCORPORATED AREASLICENSES PROVIDED. Proposed Amendment to the Constitution. No. 169 (House Resolution No. 624-1848). A Resolution. Proposing an amendment to the Constitution so as to authorize and empower the Board of Commissioner of

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Forsyth 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 Forsyth County outside the incorporated limits of municipalities and to otherwise regulate businesses in the unincorporated areas of Forsyth 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 Board of Commissioners of Forsyth 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 a place of business or who may in any manner engage in any type of business in any area of Forsyth County outside the incorporated limits of municipalities. To provide for public welfare, health and security of the people of Forsyth County, the board shall have the right to regulate and exercise police powers over any businesses operated within the unincorporated areas of said county, except those subject to regulation by the State Public Service Commission, and to prescribe such rules and regulations as may be necessary to effectuate the powers herein granted. Violation of any regulations adopted by the board shall constitute a misdemeanor punishable upon conviction thereof as prescribed by the general laws of the State of Georgia. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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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 and empower the Board of Commissioners of Forsyth 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 Forsyth County outside the incorporated limits of municipalities and to otherwise regulate businesses in the unincorporated areas of Forsyth 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. GWINNETT COUNTY WATER AND SEWERAGE AUTHORITYCERTAIN ASSESSMENTS FOR OPERATION PROVIDED, ETC. Proposed Amendment to the Constitution. No. 170 (House Resolution No. 629-1888). A Resolution. Proposing an amendment to the Constitution so as to authorize the governing authority of Gwinnett County to levy an annual tax not to exceed two mills per dollar on all taxable property located therein to provide funds to pay or to be applied toward the cost of operating and

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maintaining the water and sewerage system of Gwinnett County or the water or water and sewerage system of the Gwinnett County Water and Sewerage Authority, or both, and to pay, in whole or in part, the principal of and interest on water and sewerage revenue bonds heretofore issued and hereafter issued, from time to time, by Gwinnett County or water or water and sewerage revenue bonds of the Gwinnett County Water and Sewerage Authority, or both, and to provide funds for making additions, extensions and improvements to said water and sewerage system or water or water and sewerage system, or both; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section IV, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following: The governing authority of Gwinnett County is hereby authorized to levy an annual tax, in addition to any other tax authorized to be levied, not to exceed two mills per dollar on all taxable property located in said County. The proceeds of such tax shall be used to pay or be applied toward the cost of operating and maintaining the water and sewerage system of Gwinnett County or the water or water and sewerage system of the Gwinnett County Water and Sewerage Authority, or both, and to pay, in whole or in part, the principal of and interest on water and sewerage revenue bonds heretofore issued and hereafter issued, from time to time, by Gwinnett County or water or water and sewerage revenue bonds of the Gwinnett County Water and Sewerage Authority, or both, and to provide funds for making additions, extensions and improvements to said water and sewerage system or water or water and sewerage system, or both. Said levy and the appropriation of said funds for the aforesaid purposes shall not lapse and shall commence with the year thereof and shall continue from year to year thereafter in the full amount in accordance with the

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proceedings authorizing the same in connection with the issuance from time to time of water and sewerage revenue bonds by Gwinnett County or of water or water and sewerage revenue bonds by the Gwinnett County Water and Sewerage Authority, or both. This amendment is self-enacting and does not require any enabling legislation for it to become effective; provided, however, the General Assembly may by law grant further and additional powers to Gwinnett County and the Gwinnett County Water and Sewerage Authority not inconsistent with the provisions of this amendment. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to authorize the governing authority of Gwinnett County to levy an annual tax not to exceed two mills per dollar on all taxable property located in Gwinnett County and to provide that the proceeds of such tax shall be used to pay or to be applied toward the cost of operating and maintaining the water and sewerage system of Gwinnett County or the water or water and sewerage system of the Gwinnett County Water and Sewerage Authority, or both, to pay, in whole or in part, the principal of and interest on water and sewerage revenue bonds heretofore issued and hereafter issued, from time to time, by Gwinnett County or water or water and sewerage revenue bonds of the Gwinnett County Water and Sewerage Authority, or both, and to provide funds for making additions, extensions

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and improvements to said water and sewerage system or water or water and sewerage system, or both? 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. DeKALB COUNTYAUTHORITY TO ISSUE BONDS WITHOUT AN ELECTION PROVIDED. Proposed Amendment to the Constitution. No. 171 (House Resolution No. 659-1942). A Resolution. Proposing an amendment to the Constitution so as to authorize the County of DeKalb to issue bonds for lawful public purposes without an election under certain conditions; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section VII, Paragraph I of the Constitution, as amended, is further amended by adding at the end thereof a new provision to read as follows: Notwithstanding any other provisions of this Paragraph, DeKalb County, Georgia, may issue general obligation bonds for any lawful public purpose without submitting the issuance thereof to the voters of said County at an election, subject to the following restrictions and limitations: the issuance of such bonds must be authorized

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by the county governing authority at a public meeting called for such purpose and held not sooner than ten (10) days and not later than sixty (60) days following the last of two notices thereof published in two successive weeks in the official organ of said County and once a week for two weeks in at least one daily newspaper of general circulation in said County. Each notice shall specify the purposes for which the funds shall be spent. Not more than four million ($4,000,000) dollars in aggregate principal amount of such bonds so issued without an election shall be issued in any calendar year nor shall the total of the aggregate principal amount of such bonds, including bonds proposed to be issued, exceed one-fourth of the total of the aggregate principal amount of all bonds issued and outstanding at the time of the authorization. The aggregate of all outstanding bonds shall not exceed the limitations now provided elsewhere in this Paragraph or as such limitations may simultaneously or hereafter be amended. 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 DeKalb County, Georgia, to issue in any one year general obligations bonds not in excess of $4,000,000 in principal amount for lawful public purposes without an election, but subject to certain limitations? 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. DOUGLASVILLE-DOUGLAS COUNTY STADIUM AUTHORITY CREATED. Proposed Amendment to the Constitution. No. 172 (House Resolution No. 660-1942). A Resolution. Proposing an amendment to the Constitution so as to create the Douglasville-Douglas County Stadium Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article XI of the Constitution is hereby amended by adding at the end thereof a new section IV, to read as follows: Section IV. Douglasville-Douglas County Stadium Authority. Paragraph I. Douglasville-Douglas County Stadium Authority. There is hereby created a body corporate and politic to be known as the Douglasville-Douglas County Stadium Authority, and which shall be deemed to be a political subdivision of the State of Georgia and a public corporation and by that name, style and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity.

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The Authority shall consist of seven members. One of the initial members shall be appointed by the Douglas County Board of Education, and may or may not be a member of the board, and shall serve for an intial term of office of three years. One of the initial members shall be appointed by the governing authority of Douglas County, and shall serve for an initial term of office of two years, and two of the initial members shall be appointed by the governing authority of Douglas County, and shall serve for initial terms of office of three years each. One of the initial members shall be appointed by the governing authority of the City of Douglasville, and shall serve for an initial term of office of one year, and one of the initial members shall be appointed by the governing authority of the City of Douglasville, and shall serve for an initial term of office of two years. The six members so appointed shall appoint the seventh member who shall serve for an initial term of office of three years. All members shall serve for their respective terms of office and until their respective successors are duly appointed and qualified. Following the terms of office of the initial members, successors shall be appointed by the members of the Authority immediately prior to the expiration of the terms of office of members. All members shall take office on the first day of January, with the initial members taking office on January 1, 1975. Following the terms of office of the initial members, the term of office of all members shall be for three years. Members of the Authority may succeed themselves. In the event of the death, resignation, removal, disability or vacancy from any other cause the members of the Authority shall appoint a successor for the remainder of the unexpired term of office. The members of the Authority shall elect one of their number as chairman, another as vice-chairman, and may also elect a secretary-treasurer, who need not necessarily be a member of the Authority. The chairman and vice-chairman, and secretary-treasurer shall serve for a period of one (1) year and until their successors are appointed and qualified. Four (4) members of the Authority shall constitute a quorum.

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No vacancy on the Authority shall impair the right of the quorum to exercise all their rights and to perform all of the duties of the Authority. The chairman of the Authority shall not be entitled to vote upon any issue, motion or resolution, except in the case of a tie vote of the other members voting on said motion, resolution, or question. The members of the Authority shall serve without compensation provided that all members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The Authority shall make rules and regulations for its own government. It shall have perpetual existence. Members of the Authority, shall give bond in the amount of $10,000 each, payable to the Authority and conditioned upon the faithful discharge of their duties. The costs of such bonds shall be paid from the funds of the Authority. Members may be removed for cause by proper action brought in the Superior Court of Douglas County. Paragraph II. Definitions. As used in this section, the following words or terms shall have the following meanings: (a) The word `Authority' shall mean the Douglasville-Douglas County Stadium Authority created by this Section. (b) The word `Project' shall be deemed to mean a stadium facility to be used for athletic contests, games, meetings, trade fairs, expositions, agricultural events, cultural events, conventions and other public entertainments; together with parking facilities or parking areas in connection therewith, related buildings and the usual and convenient facilities appertaining to such undertakings, and extensions and improvements of such facilities. (c) The term `Cost of the Project' shall embrace the cost of construction, the cost of all lands, properties,

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rights, easements and franchises acquired, the cost of all machinery and equipment, financing charges, interest prior to and during construction, and for one (1) year after completion of construction, cost of engineering, architectural and legal expenses, and of plans and specifications, and other expenses necessary or incident to the financing herein authorized, or the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded 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 Section for such project. (d) The term `Revenue Bonds', `Bonds' and `Obligations' as used in this section, shall mean revenue bonds as defined and provided for in the Revenue Bond Laws of Georgia (Ga. L. 1957, p. 36), amending the law formerly known as the `Revenue Certificate Law of 1937' (Ga. L. 1937, p. 761), as amended, and such type of obligations may be issued by the Authority as authorized under said Revenue Bond Law and in addition, shall also mean obligations of the Authority, the issuance of which are hereinafter specifically provided for in this Section. (e) Any project shall be deemed `self-liquidating' if in the judgment of the Authority, the revenues and earnings to be derived by the Authority therefrom and all properties used, leased and sold in connection therewith will be sufficient to pay the principal and interest of the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects. Paragraph III. Powers. The Authority shall have powers: (a) to have a seal and alter the same at its pleasure; (b) to accept gifts, grants and donations; (c) to acquire by purchase, lease or otherwise, and to

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hold, lease and dispose of, real and personal property, of every kind and character for its corporate purposes; (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 provisions of any and all existing laws applicable to the condemnation of property for public use, real property, or rights of easements therein, or franchises necessary or convenient for its corporate purposes, and to use the name 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 like manner as 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 Section except from the funds provided under the authority of this Section, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action or proceedings as may be just to the Authority and to the owners of the property to be condemned, and no property shall be acquired under the provisions of this Section upon which any lien or 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 general fund of the State, the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon by the Governor and the chairman of the Authority; (e) to appoint, select and employ officers, agents and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and fix their respective compensations; (f) to make contracts, leases, and to execute all instruments necessary or convenient, including contracts for

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construction of projects and leases or projects or contracts with respect to the use of projects which it causes to be erected or acquired, and any and all persons, firms and corporations and any and all political subdivisions, departments, institutions or agencies of the State are hereby authorized to enter into contracts, leases or agreements, with the Authority upon such terms and for such purposes as they deem advisable; and without limiting the generality of the above, authority is specifically granted to municipal corporations and counties and to the Authority to enter into contracts, lease agreements, or other undertakings relative to the furnishing of servics and facilities by the Authority to such municipal corporations and counties for a term not exceeding fifty (50) years; (g) to construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, 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 or from such proceeds and any grant from the United States of America or any agency or instrumentality thereof; (h) to accept loans and grants of money, materials, or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may require; (i) 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; (j) to establish charges, rates and regulations for users of the facilities and services of the Authority; (k) to do all things necessary or convenient to carry out the powers expressly given in this Section.

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Paragraph IV. 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 of the Authority, for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates per annum, payable at such time or times not exceeding 40 years from their date or dates, or at such times exceeding 40 years as may hereafter be authorized by the bonding laws of the State of Georgia, shall be payable in such medium of payment as to both principal and interest as may be determined by the Authority and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of bonds. Paragraph V. 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. Provisions may be made for the registration of any coupon bond as to principal alone and also as to both the principal and interest. Paragraph VI. Same; signatures; seal. In case any officer whose signature shall appear on any bonds, or whose facsimile signature shall appear on any coupon, shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes, the same as if he had remained

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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 facsimile signature of the chairman of the Authority. Any coupon may bear the facsimile signature of such persons and any bond may be signed, sealed, and attested on behalf of the Authority by such persons as at the actual time of the execution of such bonds shall be duly authorized 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. Paragraph VII. Same; negotiability; exemption from taxation. All revenue bonds issued under the provisions of this Section shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the laws of this State. Such bonds are declared to be issued for an essential public and governmental purpose and the said bonds and the income thereof shall be exempt from all taxation within the State. Paragraph VIII. Same; sale; price. The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interests of the Authority. Paragraph IX. Same; proceeds of bonds. The proceeds of such bonds shall be used solely for the payment of the cost of the project or projects, and 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 any 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, 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, the surplus shall be paid

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into the funds, hereinafter provided, for the payment of principal and interest of such bonds. Paragraph X. 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. Paragraph XI. Same; replacement of lost or mutilated bonds. The Authority may also provide for the replacement of any bonds which shall become mutilated or be destroyed or lost. Paragraph XII. Conditions precedent to issuance; object of issuance. Such revenue bonds may be issued without any other proceedings, or the happening of any conditions or things other than those proceedings, conditions and things which are specified or required by this section. In the discretion of the Authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution, providing for the issuance of revenue bonds under the provisions of this section 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. Paragraph XIII. Credit not pledged. Revenue bonds issued under the provisions of this section shall not be deemed to constitute a debt of the State of Georgia, Douglas County or the City of Douglasville or a pledge of the faith and credit of said State, County, or City, but such bonds shall be payable solely from the funds hereinafter provided for, and the issuance of such revenue bonds shall not directly, indirectly or contingently, obligate the said State, County or City to levy or to pledge any form of taxation whatever therefor, or to make any appropriation for the payment, and all such bonds shall

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contain recitals on their face covering substantially the foregoing provisions of this Paragraph. Paragraph XIV. Same; trust indenture as security. In the discretion of the Authority, any issuance 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 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 insurance 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 issued therefor, 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 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 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

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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. Paragraph XV. Same; 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 this section and such resolution or trust indenture may provide. Paragraph XVI. Same; sinking funds. 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 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, for 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 (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 in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds

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or in the trust indenture, 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. Paragraph XVII. Same; remedies of bondholders. Any holder of revenue bonds issued under the provisions of this section 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 Section 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. Paragraph XVIII. Same; 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 section and then outstanding, together with accrued interest thereon. 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 provision of this section insofar as the same may be applicable. Paragraph XIX. 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 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

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of the power conferred upon it by this section, 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 supervisions 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 therefrom shall at all times be exempt from taxation within the State. The exemption from taxation herein provided shall not extend to tenants or lessees of the Authority; and shall not include exemptions from sales and use taxes on property purchased by the Authority or for use by the Authority. Paragraph XX. Same; venue and jurisdiction. Any action to protect or enforce any rights under the provisions of this section or any suit or action against such Authority shall be brought in the Superior Court of Douglas County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions. Paragraph XXI. Same; validation. Bonds of the Authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law, as amended. The petition for validation shall also make party defendant to such action any municipality, county, authority, subdivision, or instrumentality of the State of Georgia which has contracted with the Authority for services and facilities of the project for which bonds are to be issued and sought to be validated, and such municipality, county, authority, subdivision, or instrumentality shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the Court and the validity of the terms thereof be determined and the contract or contracts adjudicated as security for the payment of any such bonds of the Authority. The bonds, when validated,

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and the judgment of validation shall be final and conclusive with respect to such bonds, against the Authority issuing the same, and any municipality, county, authority, subdivision or instrumentality contracting with the said Douglasville-Douglas County Stadium Authority. Paragraph XXII. 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, and no other entity, department, agency, or authority, will be created which will compete with the Authority to such an extent as to affect adversely the rights and intersects of the holders of such bonds, nor will the State itself so compete with the Authority. The provisions of this Section shall be for the benefit of the Authority and the holders of any such bonds, and upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds. Paragraph XXIII. Purpose of the Authority. Without limiting the generality of any provisions of this Section, the general purpose of the Authority is declared to be that of acquiring, constructing, equipping, maintaining and operating a stadium facility for athletic contests, games, meetings, trade fairs, expositions, agricultural events, cultural events, conventions and other entertainments, and parking facilities and parking areas in connection therewith; for acquiring, constructing, equipping, maintaining and operating recreational centers and areas, including but not limited to gymnasium and athletic facilities, parking facilities or areas in connection therewith and related buildings and the usual and convenient facilities appertaining to such undertakings; the extension and improvement of such facilities; 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 so any and all things deemed by the Authority necessary, convenient and desirable for and incident to the efficient

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and proper development and operation of such types of undertakings. Paragraph XXIV. Rates; charges and revenues; use. The Authority is hereby authorized to prescribe and fix and collect rates, fees, tolls and charges, and to revise from time to time and collect such rates, fees, tolls and charges for the services, facilities or commodities furnished, including leases, concessions or subleases of its lands or facilities, or contracts for the use of its land and facilities, and to determine the price and terms at and under which its lands or facilities may be sold, and, in anticipation of the collection of the revenues and income of such undertakings or projects, is authorized to issue revenue bonds as herein provided to finance, in whole or in part the cost of the acquisition, construction, reconstruction, improvement, equipment, betterment or extension of its lands and facilities and to pledge to the punctual payment of said bonds and interest thereon, all or any part of the revenues and income of such undertakings or projects, including the revenues of improvements, betterments or extensions thereto, thereafter made or the sale of any of its lands and facilities. Paragraph XXV. 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 of this section. Paragraph XXVI. Tort immunity. The Authority shall have the same immunity and exemption from liability for torts and negligence as Douglas County and the City of Douglasville; 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 Douglas County and the City of Douglasville when in the performance of their public duties or work. Paragraph XXVII. Powers declared supplemental and

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additional. The foregoing paragraphs of this Section 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 not existing. Paragraph XXVIII. Liberal construction of Section. This Section being for the welfare of various political subdivisions of the State and its inhabitants, shall be liberally construed to effect the purposes 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 create the Douglasville-Douglas County Stadium Authority? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. GWINNETT COUNTYCERTAIN HOMESTEAD EXEMPTIONS FROM AD VALOREM TAXATION PROVIDED. Proposed Amendment to the Constitution. No. 173 (House Resolution No. 663-1958). A Resolution. Proposing an amendment to the Constitution so as to provide that residents of Gwinnett County who are totally

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disabled shall be granted a homestead exemption of $4,000.00 from all ad valorem taxation by 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 I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following: Each resident of Gwinnett County who is totally disabled is hereby granted an exemption of $4,000.00 on his homestead from all County ad valorem taxation as long as any such resident of said County actually occupies said homestead as his residence. Any such resident shall not receive the benefit of such homestead exemption unless he, or through his agent, files an affidavit with the Tax Commissioner of said County giving such information relative to receiving the benefit of such exemption as will enable said Tax Commissioner to make a determination as to whether such owner is entitled to such exemption. Applications for such homestead exemption shall be processed in the same manner as other applications for homestead exemption, and the provisions of law applicable thereto, as the same now exist or as may hereafter be amended, shall apply thereto, except as otherwise provided herein. The Tax Commissioner of Gwinnett County shall provide affidavit forms for this purpose. No homestead shall be subject to more than one exemption as provided for herein, and the value of the homestead in excess of the above exempted amounts shall remain subject to ad valorem taxation by Gwinnett County. The exemptions 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.

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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 provide that residents of Gwinnett County who are totally disabled shall be granted a homestead exemption of $4,000.00 from all ad valorem taxation by said County? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. COBB COUNTYBOARD OF ELECTIONS CREATED, ETC. Proposed Amendment to the Constitution. No. 174 (House Resolution No. 666-1965). A Resolution. Proposing an amendment to the Constitution so as to create the Board of Elections of Cobb County and to provide for a Superintendent of Elections; 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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A. There is hereby created in Cobb County the Board of Elections of Cobb County which shall have jurisdiction over the conduct of primaries and elections and the registration of electors in said County. Creation. B. (a) The Board of Elections of Cobb County shall be composed of five members, each of whom shall be an elector and resident of said County appointed by the governing authority of Cobb County. Members. (b) There shall be a Superintendent of Elections of Cobb County who shall be appointed by the governing authority of Cobb County from a list of three names submitted to said governing authority by the Board of Elections of Cobb County. In the event said governing authority rejects all persons named on the list submitted by said Board of Elections, said Board of Elections shall submit a list of three additional names until a Superintendent of Elections is appointed by said governing authority. Superintendent. (c) The initial appointment of the members of the Board of Elections shall be for terms as follows: two members shall be appointed for terms of two years and three members shall be appointed for terms of four years. Thereafter, successors shall be appointed for terms of four years, beginning with the expiration of the respective terms of office, and until their successors are appointed and qualified. The Superintendent of Elections shall serve at the pleasure of the governing authority of Cobb County. Terms. (d) The Board of Elections shall elect, by majority vote, one of their own number to serve as Chairman of said Board who shall preside at meetings of said Board. The Chairman shall serve for such term as the Board of Elections shall provide by rules or regulations of said Board. Chairman. C. No person who holds elective public office shall be eligible to serve as a member of said Board of Elections or as Superintendent of Elections during the term of such elective office, and the position of any member or of the

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Superintendent of Elections shall be deemed vacant upon such member or said Superintendent qualifying as a candidate for elective public office. Eligibility. D. The appointment of each member of said Board of Elections and said Superintendent of Elections shall be made by the governing authority of Cobb County filing an affidavit with the Clerk of the Superior Court of Cobb County, no later than thirty (30) days preceding the date at which such member is to take office, stating the name and residential address of the person appointed and certifying that such member or Superintendent of Elections has been duly appointed as provided herein. The Clerk of the Superior Court shall record each of such certifications on the minutes of the Court and shall certify the name of each such member and the Superintendent of Elections to the Secretary of State and provide for the issuance of appropriate commissions to the members and Superintendent within the same time and in the same manner as provided by law for registrars. Appointments. E. Each member of the Board of Elections shall be eligible to succeed himself for one term and shall have the right to resign at any time by giving written notice of his resignation to the governing authority of Cobb County and to the Clerk of the Superior Court of Cobb County, and shall be subject to removal from the Board of Elections at any time, for cause after notice and hearing, in the same manner and by the same authority as provided for removal of registrars. Removal. F. In the event a vacancy occurs in the office of any member of the Board of Elections before the expiration of his term, by removal, death or resignation, or otherwise, the governing authority of Cobb County shall appoint a successor to serve the remainder of the unexpired term. The Clerk of the Superior Court of Cobb County shall be notified of interim appointments and record and certify such appointment, in the same manner as the regular appointment of said members. Vacancy. G. The first members of the Board of Elections and

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the Superintendent of Elections created hereunder shall take office on April 1, 1975. Before entering upon his duties, each member and said Superintendent of Elections shall take substantially the same oath as required by law for registrars and shall have the same privileges from arrest. Oath. H. The Board of Elections shall, with regard to the preparation for conduct and administration of primaries and elections, succeed to and exercise all duties and powers granted to and incumbent upon the Ordinary of Cobb County pursuant to Title 34 of the Code of Georgia, as now or hereafter amended, and any other applicable provisions of law. With regard to the registration of electors, the Board of Elections shall succeed to and exercise all of the powers, duties and responsibilities granted to and incumbent upon the Board of Registrars of Cobb County pursuant to Title 34 of the Code of Georgia, as now or hereafter amended, or any other provision of law. Powers. I. The Board of Elections shall be responsible for the selection, appointment and training of poll workers in elections, and such workers shall be appointed, insofar as practicable, from lists provided the Board by the county executive committee of each political party. The Board of Elections shall be authorized to employ not less than two full-time employees and such other employees as the governing authority shall approve. Employees. J. Effective April 1, 1975, the Ordinary and the Board of Registrars of Cobb County shall be relieved from all powers and duties to which the Board of Elections succeeds as provided herein, and they shall deliver thereafter to the Superintendent of Elections, upon his written request, the custody of all equipment, supplies, materials, books, papers, records and facilities of every kind pertaining to such powers and duties. Also, at such time, the Board of Registrars of Cobb County shall be abolished. K. The Superintendent of Elections shall be the chief executive office of the Board of Elections and shall generally supervise, direct and control the administration of

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the affairs of the Board of Elections pursuant to law and duly adopted resolutions of the Board of Elections. The Board of Elections shall fix and establish by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction. Superintendent of Elections. L. The compensation of the Superintendent of Elections and clerical assistants and other employees of the Board of Elections shall be such as may be fixed by the governing authority of Cobb County. Such compensation, when so fixed, shall be paid in equal monthly installments from the funds of Cobb County. Same, compensation. M. The governing authority of Cobb County shall provide the Board of Elections with proper and suitable offices. Offices. N. The Board of Elections shall have the authority to contract with any municipality located within Cobb County for the holding of any primary or election by the Board to be conducted within the municipality. Contracts. O. As used herein, the words `election', `elector', `political party', `primary', `public office', `special election', and `special primary' shall have the same meaning ascribed to those words by Code section 34-103 of the Code of Georgia of 1933, as amended, unless the context clearly requires otherwise. Definitions. P. The Cobb County executive committee of the political party whose candidates at the last preceding general election received the largest number of votes in this State for members of the General Assembly and the Cobb County executive committee of the political party whose candidates at the last preceding general election received the next largest number of such votes shall each have the right to appoint a representative to attend meetings of the Cobb County Board of Elections herein created. Q. The General Assembly is hereby authorized to provide by local Act for the modification or revision of the membership of the Board of Elections created herein

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and for the modification or revision of the powers and duties of said Board of Elections, but no such local Act may abolish said Board of Elections. Membership. 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 create the Board of Elections of Cobb County and to provide for a Superintendent of Elections? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. GWINNETT COUNTYAUTHORITY TO REGULATE ROADS IN UNINCORPORATED AREAS PROVIDED, ETC. Proposed Amendment to the Constitution. No. 175 (House Resolution No. 682-2024). A Resolution. Proposing an amendment to the Constitution of the State of Georgia empowering the Board of Commissioners of Gwinnett County, Georgia, to impose speed limits on all public roads and streets in the unincorporated area of

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Gwinnett County, to establish weight limits on bridges, on public roads and streets in the unincorporated area of Gwinnett County, to establish truck routes along public roads in Gwinnett County, to prohibit the use of public roads and streets by persons operating trucks and other heavy equipment where such operation would tend to endanger the safety of other persons traveling on said roads and streets or may cause damage to the paving, curbing, storms drains, road bed, or other portions of said public roads or streets, to provide for punishment of violators of any duly adopted Gwinnett County Ordinance by a fine for each offense or confinement in the Gwinnett County Jail, or both, with said fine or punishment, or both, to be imposed by the Judge of the Gwinnett County Recorder's Court or any court which may hereafter be created by the General Assembly of the State of Georgia with authority to impose fines and imprison persons for violation of county ordinances; 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 of the State of Georgia of 1945 is hereby amended by adding a new paragraph at the end thereof, to read as follows: The governing authority of Gwinnett County is hereby authorized: (1) To impose, by ordinance, speed limits on all public roads and streets in the unincorporated area of Gwinnett County. Speed limits. (2) To impose, by ordinance, speed limits and other traffic controls and limitations on all private property used for commercial parking lots connected with business activities where the parking lots provide access to public roads or streets. Controls. (3) To establish, by ordinance, weight limits on

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bridges, on public roads and streets in the unincorporated area of Gwinnett County. Weight limits. (4) To establish, by ordinance, truck routes along public roads in Gwinnett County. Truck routes. (5) To prohibit, by ordinance, the use of public roads and streets by persons operating trucks and other heavy equipment where such operation would tend to endanger the safety of other persons traveling on said roads and streets or may cause damage to the paving, curbing, storm drains, road bed or other portions of said public roads or streets. (6) To adopt ordinances protecting the health, welfare and safety of the citizens of the county. Ordinances. (7) To provide for punishment of violators of any Gwinnett County Ordinance by a fine for each offense not to exceed two hundred dollars ($200.00) or confinement in the Gwinnett County Jail for a period not to exceed sixty (60) days, or both, with said fine or punishment, or both, to be imposed by the Judge of the Gwinnett County Recorder's Court or any court which may hereafter be created by the General Assembly of the State of Georgia with authority to impose fines and imprison persons for violation of county ordinances. (8) This Act shall not apply to any roads under the jurisdiction of the Georgia Department of Transportation. In the event any phrase, clause, paragraph or portion thereof, of this amendment shall be adjudged invalid for any reason whatsoever, such adjudication shall in no manner affect the other phrases, clauses, paragraphs or portions of this amendment, which shall remain of full force and effect as if the phrase, clause, paragraph, or portion thereof so adjudged invalid was not originally a part hereof. Severability. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in

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Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to empower the Board of Commissioners of Gwinnett County, Georgia, to impose speed limits on all public roads and streets in the unincorporated area of Gwinnett County, to establish weight limits on bridges, on public roads and streets in the unincorporated area of Gwinnett County, to establish truck routes along public roads in Gwinnett County, to prohibit the use of public roads and streets by persons operating trucks and other heavy equipment where such operation would tend to endanger the safety of other persons traveling on said roads and streets or may cause damage to the paving, curbing, storm drains, road bed, or other portions of said public roads or streets, to provide for punishment of violators of any duly adopted Gwinnett County Ordinance by a fine for each offense or confinement in the Gwinnett County Jail, or both, with said fine or punishment, or both, to be imposed by the Judge of the Gwinnett County Recorder's Court or any court which may hereafter be created by the General Assembly of the State of Georgia with authority to impose fines and imprison persons for violation of county ordinances? 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. GWINNETT COUNTYAUTHORITY TO LICENSE BUSINESSES IN UNINCORPORATED AREAS PROVIDED. Proposed Amendment to the Constitution. No. 176 (House Resolution No. 689-2051). A Resolution. Proposing an amendment to the Constitution of the State of Georgia empowering the Board of Commissioners of Gwinnett County, Georgia, to license and regulate businesses and levy a license tax on businesses in Gwinnett County; to license and regulate businesses and levy a license tax on businesses in the unincorporated area of Gwinnett County; to grant exclusive and nonexclusive franchises to businesses engaged in solid waste collection and disposal, ambulance service and cable television, authorizing said businesses to conduct said activities within a part or all of the unincorporated area of Gwinnett County; to provide for the submission of this amendment for ratification or rejection at the next general election; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VI, Section I of the Constitution of the State of Georgia of 1945 is hereby amended by adding at the end thereof a new paragraph, to read as follows: The governing authority of Gwinnett County is hereby authorized: (1) To license and regulate businesses and levy license taxes on all persons, firms, and corporations doing business

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in Gwinnett County, except businesses which are subject to regulation by the State Public Service Commission. (2) To license and regulate business and levy license taxes on all persons, firms, and corporations doing business in the unincorporated area of said county, except businesses which are subject to regulation by the State Public Service Commission. (3) To franchise by the granting of exclusive and nonexclusive franchises to all persons, firms, and corporations doing business in solid waste collection and disposal, ambulance service, and cable television in the unincorporated area of Gwinnett County. A franchise may be granted for all the unincorporated area of Gwinnett County or for any portion of the unincorporated area of Gwinnett County as may be established by the governing authority as a special franchise district. A special franchise district may be abolished, merged, modified, or redistricted by the governing authority by resolution after same has been established. The governing authority is hereby empowered to levy a franchise fee on franchised firms. In the event any phrase, clause, paragraph, or portion thereof, of this amendment shall be adjudged invalid for any reason whatsoever, such adjudication shall in no manner affect the other phrases, clauses, paragraphs, or portions of this amendment, which shall remain of full force and effect, as if the phrase, clause, paragraph, or portion thereof so adjudged invalid was not originally a part hereof. 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 empower the Board of Commissioners of Gwinnett County to license and regulate businesses and levy a license tax on businesses in Gwinnett County, to license and regulate businesses and levy a license tax on businesses in the unincorporated area of Gwinnett County, to grant exclusive and nonexclusive franchises to businesses engaged in solid waste collection and disposal, ambulance service and cable television, authorizing said businesses to conduct said activities within a part or all of the unincorporated area of Gwinnett 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. FULTON COUNTYAUTHORITY TO INCREASE RETIREMENT BENEFITS FOR EMPLOYEES PROVIDED. Proposed Amendment to the Constitution. No. 177 (Senate Resolution No. 27). A Resolution. Proposing an amendment to the Constitution, so as to authorize the governing authority of Fulton County to provide

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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 established for any employees of Fulton County; to provide for submission of this amendment for ratification or rejection; and for other other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section I, Paragraph II of the Constitution, as amended, is hereby amended by adding at the end thereof a new paragraph, to read as follows: Any other provision of this Constitution to the contrary notwithstanding, the governing authority of Fulton County is authorized to provide 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 for the benefit of employees of Fulton County. Provide, however, that no additional benefits shall be given to retired employees who are receiving a pension in excess of $150.00 per month until every retired employee receives a minimum pension of $150.00 per month. No formerly retired person shall receive any greater benefits than those benefits provided by law to be received upon retirement by members of the system who have not retired, nor shall any such formerly retired person receive any increased benefit unless all formerly retired persons entitled to receive such increased benefits participate equally. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following:

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() YES () NO Shall the Constitution be amended so as to authorize the governing authority of Fulton County to provide 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 created for the benefit of employees of Fulton 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. COUNTIES, CITIES, POLITICAL SUBDIVISIONDEBT LIMITATION PROVIDED. Proposed Amendment to the Constitution. No. 178 (Senate Resolution No. 85). A Resolution. Proposing an amendment to the Constitution so as to provide that the debt incurred by any county, municipal corporation or political subdivision shall never exceed ten (10) per centum of the assessed value of all the taxable property therein; 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:

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Section 1. Article VII, Section VII, of the Constitution is hereby amended by striking Paragraph I of said Section in its entirety and substituting in lieu thereof a new Paragraph I to read as follows: Paragraph I. Debts of Counties and Cities. The debt hereafter incurred by any county, municipal corporation or political subdivision of this State except as in this Constitution provided for, shall never exceed ten per centum of the assessed value of all the taxable property therein, and no such county, municipality or division shall incur any new debt except for a temporary loan or loans, to supply casual deficiencies of revenue, not to exceed one-fifth of one per centum of the assessed value of the taxable property therein, without the assent of a majority of the qualified voters of the county, municipality or other political subdivision voting in an election for that purpose to be held as prescribed by law; and provided further that all laws, charter provisions and ordinances heretofore passed or enacted providing special registration of the voters of counties, municipal corporations and other political subdivisions of this State to pass upon the issuance, of bonds by such counties, municipal corporations and other political subdivisions of this State are hereby declared to be null and void; and the General Assembly shall hereafter have no power to pass or enact any law providing for such special registration, but the validity of any and all bond issues by such counties, municipal corporations or other political subdivisions made prior to January 1, 1945, shall not be affected hereby; provided, that any county or municipality of this State may accept and use funds grants by the Federal Government, or any agency thereof, to aid in financing the cost of architectural, engineering, economic investigations, studies, surveys, designs, plans, working drawings, specifications, procedures, and other action preliminary to the construction of public works, and where the funds so used for the purposes specified are to be repaid within a period of ten years. Every county is hereby empowered to create debt, by way of borrowing from private individuals, firms, corporations,

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or partnerships, as well as from the State, for the purpose of paying the whole or part of the cost of property valuation and equalization programs for ad valorem tax purposes; to contract for the repayment thereof and to issue notes or other like instruments as evidence of the obligation to repay the debt so contracted without being subject to any limit as to amount of such debt so created and without the necessity of approval thereof by the qualified voters of that county; provided nevertheless that the debt shall be payable in one or more equal installments, one of which shall fall due at least each year, but which may fall due each month, the last of which shall mature not more than seven years from the date of creation and shall not bear interest in excess of five (5%) per cent per annum on unpaid principal; and a tax shall be levied on the taxable property of the county as may be needed to repay such debt so created; provided, however, that no county shall be empowered to create debt under the provisions of this paragraph for the purposes of a property valuation and equalization program until such program and all contracts to be entered into pursuant thereto shall have been approved by the State Revenue Commissioner, and until such county shall have entered into an agreement with the State Revenue Commissioner that such program shall be carried out in accordance with such Rules and Regulations pertaining to such programs as may be promulgated by the Commissioner. All existing local constitutional amendments adopted prior to the ratification of this amendment relating to maximum bond debt limitation shall continue to be of full force and effect and shall not be affected by the ratification of this amendment. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following:

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() YES () NO Shall the Constitution be amended so as to provide that the debt incurred by any county, municipal corporation or political subdivision shall never exceed ten (10) per centum of the assessed value of all the taxable property therein? All persons desiring to vote in favor of ratifying the proposed admendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. RICHMOND COUNTYVOTING REQUIREMENTS RELATIVE TO CONSOLIDATED GOVERNMENTS PROVIDED. Proposed Amendment to the Constitution. No. 179 (Senate Resolution No. 110). A Resolution. Proposing an amendment to the Constitution so as to change the voting requirements relative to the consolidation of municipal and county governments within Richmond 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 VII of the Constitution is hereby amended by deleting in its entirety that paragraph which reads as follows: The General Assembly in enacting legislation under this authority, shall make the effectiveness thereof contingent

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upon its approval by a majority of the qualified voters of the unincorporated areas of Richmond County who are affected thereby and a majority of the qualified voters of the incorporated areas of Richmond County affected thereby who vote at public referenda to be held as shall in such legislation be prescribed., and substituting in lieu thereof the following: The General Assembly in enacting legislation under this authority, shall make the effectiveness thereof contingent upon its approval by a majority of the qualified voters of Richmond County who are affected thereby who vote at public referenda to be held as shall in such legislation be prescribed. 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 any legislation providing for the consolidation and merger of county and municipal governments within Richmond County must be approved by a majority of those electors affected voting in a referendum? 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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TELFAIR COUNTYMAXIMUM MILLAGE FOR SCHOOL PURPOSES FIXED. Proposed Amendment to the Constitution. No. 180 (Senate Resolution No. 336). A Resolution. Proposing an amendment to the Constitution so as to provide that the maximum millage for school purposes within Telfair County shall be 23 mills until such limitation shall be removed in accordance with the provisions of Article VIII, Section XII, Paragraph II of the Constitution; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VIII, Section XII of the Constitution is hereby amended by adding at the end of Paragraph I thereof the following: Until changed in accordance with the provisions of Paragraph II of this Section, the maximum millage for school purposes within Telfair County shall be 23 mills. 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 there shall be a 23 mill limitation on the annual school tax levy for the support and maintenance of education in Telfair County and to provide a procedure for the removal of such limitation?

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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.

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ACTS BY NUMBERS 1 2003 2 2006 3 2008 4 2011 5 2013 6 2014 7 2016 756 3 757 4 758 2019 759 2021 760 2023 761 8 762 2028 763 2031 764 11 765 2037 766 2047 767 2051 768 14 769 16 770 71 771 82 772 95 773 99 774 101 775 2057 776 2060 777 2061 778 2062 779 109 780 2064 781 2067 782 2069 783 113 784 124 785 126 786 128 787 130 788 131 789 2072 790 134 791 153 792 2077 793 2079 794 2082 795 2086 796 2088 797 2094 798 2097 799 2100 800 2103 801 2105 802 2114 803 155 804 162 805 2128 806 2131 807 2134 808 2136 809 2141 810 2143 811 2145 812 2149 813 2162 814 2172 815 171 816 174 817 183 818 186 819 195 820 196 821 198 822 200 823 221 824 268 825 269 826 2182 827 270 828 2185 829 2188 830 2190 831 273 832 275 833 284 834 2193 835 2195 836 2198 837 2200 838 320 839 2203 840 2206 841 2210 842 322 843 2212 844 325 845 329 846 2216 847 2220 848 330 849 334 850 341 851 345 852 2224 853 2226 854 352 855 360 856 361 857 364 858 367 859 371 860 375

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861 377 862 379 863 382 864 2230 865 2236 866 2240 867 2241 868 2302 869 2305 870 2308 871 2311 872 2315 873 2318 874 2320 875 2324 876 2332 877 2338 878 2340 879 2347 880 2368 881 2370 882 2410 883 2433 884 2436 885 2449 886 2451 887 383 888 385 889 386 890 388 891 389 892 390 893 391 894 392 895 395 896 397 897 2474 898 398 899 404 900 406 901 407 902 409 903 410 904 411 905 414 906 417 907 2475 908 418 909 420 910 422 911 423 912 424 913 425 914 426 915 428 916 429 917 430 918 431 919 2476 920 2480 921 2481 922 433 923 434 924 435 925 436 926 438 927 2482 928 2483 929 440 930 446 931 447 932 449 933 450 934 451 935 453 936 454 937 455 938 458 939 458 940 2484 941 460 942 461 943 463 944 2486 945 464 946 468 947 470 948 471 949 472 950 474 951 476 952 477 953 478 954 479 955 481 956 482 957 484 958 487 959 2488 960 488 961 490 962 491 963 492 964 494 965 496 966 2489 967 498 968 2491 969 2495 970 2497 971 2519 972 2522 973 2530 974 2532 975 2534 976 2545 977 2573 978 2585 979 2586 980 2589 981 2591 982 503

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983 504 984 2606 985 2607 986 506 987 2608 988 514 989 515 990 516 991 518 992 521 993 522 994 530 995 532 996 533 997 2614 998 534 999 535 1000 539 1001 542 1002 545 1003 554 1004 555 1005 2615 1006 2616 1007 557 1008 558 1009 2617 1010 559 1011 561 1012 562 1013 563 1014 2624 1015 564 1016 567 1017 586 1018 587 1019 588 1020 589 1021 593 1022 594 1023 2627 1024 2635 1025 595 1026 2636 1027 598 1028 2638 1029 599 1030 609 1031 611 1032 2640 1033 613 1034 2644 1035 615 1036 2645 1037 2546 1038 2647 1039 2648 1040 2652 1041 616 1042 617 1043 2655 1044 2659 1045 618 1046 2661 1047 2665 1048 2672 1049 2675 1050 2677 1051 2678 1052 2694 1053 2697 1054 2699 1055 2702 1056 2704 1057 2731 1058 2736 1059 2738 1060 2741 1061 2744 1062 2763 1063 2766 1064 2768 1065 2772 1066 2774 1067 2776 1068 2779 1069 2781 1070 2783 1071 2784 1072 2788 1073 2789 1074 2791 1075 2795 1076 2797 1077 2799 1078 2802 1079 2805 1080 2808 1081 2810 1082 2818 1083 2819 1084 2869 1085 2871 1086 2875 1087 2878 1088 2881 1089 2883 1090 2890 1091 2891 1092 2895 1093 2917 1094 2920 1095 2978 1096 2983 1097 2986 1098 2988 1099 619 1100 2990 1101 2994 1102 2997 1103 3013 1104 3015

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1105 3018 1106 3021 1107 3024 1108 3026 1109 3028 1110 3030 1111 3034 1112 3036 1113 3039 1114 3041 1115 3043 1116 3046 1117 3049 1118 3052 1119 3055 1120 3057 1121 3059 1122 3062 1123 3064 1124 3067 1125 3069 1126 3074 1127 3078 1128 3088 1129 3090 1130 3093 1131 3105 1132 3108 1133 3109 1134 3111 1135 3113 1136 3116 1137 3118 1138 3120 1139 3122 1140 3124 1141 3126 1142 3129 1143 3138 1144 3139 1145 3142 1146 3144 1147 3145 1148 3148 1149 3150 1150 3152 1151 3154 1152 3157 1153 3161 1154 3164 1155 3166 1156 3169 1157 3171 1158 3173 1159 3177 1160 3180 1161 3207 1162 3211 1163 3214 1164 3216 1165 3219 1166 3248 1167 621 1168 3250 1169 3254 1170 3257 1171 3260 1172 3262 1173 3264 1174 3267 1175 631 1176 633 1177 699 1178 3269 1179 3303 1180 3305 1181 3308 1182 702 1183 3311 1184 3314 1185 3316 1186 3318 1187 3320 1188 3322 1189 3324 1190 3327 1191 3330 1192 3334 1193 3336 1194 3340 1195 705 1196 3341 1197 3343 1198 3345 1199 3347 1200 3350 1201 3365 1202 3367 1203 3369 1204 969 1205 3372 1206 3374 1207 3376 1208 3392 1209 3405 1210 3408 1211 3409 1212 3412 1213 3425 1214 3432 1215 3434 1216 3439 1217 3460 1218 3462 1219 3464 1220 3469 1221 3476 1222 3505 1223 3508 1224 971 1225 972 1226 975

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1227 1002 1228 1003 1229 1006 1230 1007 1231 1009 1232 1022 1233 1023 1234 1028 1235 1030 1236 1033 1237 1034 1238 1035 1239 1040 1240 1042 1241 3510 1242 1045 1243 1100 1244 1101 1245 1104 1246 1111 1247 1113 1248 1116 1249 3513 1250 1117 1251 1118 1252 3515 1253 1122 1254 1125 1255 3516 1256 1126 1257 1135 1258 1137 1259 1138 1260 1139 1261 1141 1262 3530 1263 1143 1264 1156 1265 1170 1266 1173 1267 1175 1268 3535 1269 3537 1270 1177 1271 1178 1272 1179 1273 3540 1274 1180 1275 1182 1276 3546 1277 1183 1278 1185 1279 1187 1280 1188 1281 1189 1282 1191 1283 1194 1284 1198 1285 1201 1286 1204 1287 3548 1288 1206 1289 1209 1290 3550 1291 1210 1292 3554 1293 3556 1294 3557 1295 1213 1296 1215 1297 3559 1298 3562 1299 3565 1300 3567 1301 1221 1302 3569 1303 3574 1304 3576 1305 3604 1306 3607 1307 3609 1308 1223 1309 3639 1310 3640 1311 3642 1312 1230 1313 3646 1314 3648 1315 3650 1316 3660 1317 3662 1318 3664 1319 3669 1320 3671 1321 3673 1322 3676 1323 3680 1324 3689 1325 3694 1326 3697 1327 3745 1328 3748 1329 3751 1330 3754 1331 3757 1332 3774 1333 3777 1334 3780 1335 3782 1336 3785 1337 3786 1338 3789 1339 3791 1340 3792 1341 3795 1342 3798 1343 3803 1344 3805 1345 3809 1346 3813 1347 3815 1348 3818

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1349 3820 1350 3822 1351 3826 1352 3828 1353 3829 1354 3835 1355 3837 1356 3839 1357 3842 1358 1233 1359 1240 1360 1242 1361 1246 1362 1407 1363 1414 1364 1416 1365 3845 1366 1418 1367 3847 1368 1422 1369 1438 1370 1441 1371 1444 1372 1446 1373 1447 1374 3848 1375 1451 1376 1453 1377 3853 1378 1455 1379 1459 1380 1508

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RESOLUTION BY NUMBER 82 9 83 13 84 332 85 339 86 344 87 1646 88 512 89 2664 90 524 91 536 92 566 93 584 94 612 95 1648 96 1652 97 3852 98 3854 99 3856 100 3857 101 3858 102 3859 103 3860 104 3861 105 3862 106 3863 107 1456 108 3864 109 3865 110 3866 111 3867 112 3868 113 1457 114 1228 115 1231 116 1235 117 1244 118 3869 119 1247 120 1410 121 1654 122 1657 123 1660 124 1663 125 1666 126 1669 127 1671 128 1673 129 1676 130 1678 131 1680 132 1681 133 1683 134 1684 135 1686 136 1689 137 1691 138 1692 139 1694 140 1696 141 1698 142 1700 143 1702 144 1704 145 1706 146 1708 147 1709 148 1711 149 1715 150 1718 151 1720 152 1722 153 1724 154 1726 155 1728 156 1730 157 1732 158 1735 159 1738 160 1754 161 1758 162 1759 163 1763 164 1764 165 1766 166 1768 167 1770 168 1772 169 1774 170 1776 171 1779 172 1781 173 1796 174 1798 175 1803 176 1807 177 1809 178 1811 179 1814 180 1816 181 1636 182 1638 183 3869 184 1640 185 1642

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VETOES 1973-1974 SESSION Veto No. Bill No. Subject Veto Date Act 50 SB 440 City-County Employees Residency 3-20-74 Act 51 HB 1012 Counties Cities: Local Sales Tax 3-21-74 Act 52 HB 336 Supervisor of Purchases: Salary 3-28-74 Act 53 HB 951 Aliens: Medical Lic. Resident One Year 3-28-74 Act 54 HB 1241 State Boxing Commission: Create 3-28-74 Act 55 HB 1331 Speed Restrictions RacingPenalty 3-28-74 Act 56 HB 1333 Loans: Chgs. Int. Secondary Sec. Deeds 3-28-74 Act 57 HB 1352 Escape Cases Trial: Expenses 3-28-74 Act 58 HB 1419 Hospital Authorities: Term Project 3-28-74 Act 59 HB 1449 PSC: Motor Contract Common Carriers 3-28-74 Act 60 HB 1450 Motor Contract Common Carriers Pub. Saf. 3-28-74 Act 61 HB 1455 Correctional Industries Adm. Composition 3-28-74 Act 62 HB 1464 Sales Tax: Private Elementary Sec. Schools 3-28-74 Act 63 HB 1505 Div. of Consumer Aff. Dept. of Agriculture 3-28-74 Act 64 HB 1508 Motor Vehicle Flashing Blue Lights 3-28-74 Act 65 HB 1555 Prosecuting Attorneys Council: Membership 3-28-74 Act 66 HB 1626 Prisoners: Reimburse Counties for Cost 3-28-74 Act 67 HB 1741 Peace Officers Indictment: Grand Jury 3-28-74 Act 68 HB 1782 Cobb State Court: Additional Judge 3-28-74 Act 69 HB 1829 Searches of Vital Statistics: Charge 3-28-74 Act 70 HB 1900 Motion Picture TV Advisory Committee 3-28-74 Act 71 HB 1926 Auburn: Town of, Corporate Limits 3-28-74 Act 72 HB 1972 City of MonroeBoard of Tax Assessors 3-28-74 Act 73 HB 2032 Lamar County Sheriff's Salary 3-28-74 Act 74 HB 2102 Fannin, Union Towns County HuntingSteel Traps 3-28-74 Act 75 SB 227 Area Planning Dev. Comm: Contracts 3-28-74 Act 76 SB 429 Marijuana: PossessionPenalty 3-28-74 Act 77 SB 450 Bicycles: Require Reflective Materials 3-28-74 Act 78 SB 480 Board of Adm. College of Vet. Medicine 3-28-74 Act 79 SB 500 Electric Membership Corp: Directors 3-28-74 Act 80 SB 505 Douglas Judicial Circuit: Create 3-28-74 Act 81 SB 538 Forestry Commission: Condemnation Proceed 3-28-74 Act 82 SB 562 Mentally Ill: Emergency Rec. Facility 3-28-74 Act 83 SB 563 Alcoholic Drug Addict: Emergency Rec. Facility 3-28-74 Act 84 SB 572 Guards, Wardens, Etc. Police Arrest Powers 3-28-74 Act 85 SB 579 School Extracurricular Activities: Funds 3-28-74 Act 86 SB 587 Unif. Div. Public Safety: Commanding Officer 3-28-74 Act 87 SB 608 Dept. of Public Safety: Incentive Pay 3-28-74 Act 88 SB 613 Prescription Labels: Information Required 3-28-74 Act 89 SB 615 Governmental Position: American Citizenship 3-28-74 Act 90 SB 634 Workmens Comp. Firemen, Rescue Squad, etc. 3-28-74 Act 91 SB 641 Tax Assessors: Determine Fair Market Value 3-28-74 Act 92 SB 687 Community Action Agencies: Assistance 3-28-74 Act 93 SB 716 Board of Regents: Salary-Expenses 3-28-74 Act 94 SB 117 D. A. Emeritus D. A. Retirement Fund 4-2-74 Act 95 SB 412 Rename Fulton Airport Charlie Brown 4-2-74 Act 96 HB 455 Licensing of Transient Merchants 4-2-74 Act 97 HB 1316 School Employee Retirement System: Submit Mem. Names 4-2-74 Act 98 HB 1334 Teachers Retirement System: Ser, Leaves of Absence 4-2-74 Act 99 HB 1372 Taxes, Licenses: Overpaid: Refunds 4-2-74 Act 100 HB 1446 Livery Boats: Licensing and Numbering 4-2-74 Act 101 HB 2013 Hall County; Tax Installments 4-2-74 Act 102 SR 301 Professional Standard Review Org. Urge Congress 4-2-74

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COUNTIES AND SUPERIOR COURT CIRCUITS

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SUPREME COURT OF GEORGIA BENNING M. GRICE Chief Justice H. E. NICHOLS Presiding Justice HIRAM K. UNDERCOFLER Associate Justice WILLIAM B. GUNTER Associate Justice ROBERT H. JORDAN Associate Justice G. CONLEY INGRAM Associate Justice ROBERT H. HALL Associate Justice MRS. MARGARET WARE DEIMLING Law Assistant BEN G. ESTES Law Assistant MRS. EFFIE A. MAHAN Law Assistant DAVID FUNK Law Assistant S. ERNEST VANDIVER III Law Assistant JOHN COMILLI Law Assistant MISS ROSEMARY KITTRELL 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 HOMER C. EBERHARDT Presiding Judge CHARLES A. PANNELL, SR. Presiding Judge BRASWELL D. DEEN, JR. Judge J. KELLEY QUILLIAN Judge RANDALL EVANS, JR. Judge H. SOL CLARK Judge IRWIN W. STOLZ, JR. Judge JULIAN WEBB Judge RICHARD L. RICE Law Assistant LOUIS A. PEACOCK Law Assistant MISS ALFREDDA SCOBEY Law Assistant T. MIL CLYBURN Law Assistant ROBERT H. BRINSON, JR. Law Assistant CHARLES N. HOOPER Law Assistant JULIAN H. STEWART Law Assistant STEVEN SCHAIKEWIETZ Law Assistant MORGAN THOMAS Clerk MISS EDNA E. BENNETT Deputy Clerk ABDA J. CONYERS Special 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, JOHN R. HARVEY, Judge, Pembroke. 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. GEORGE W. (BUDDY) DARDEN, D. A., Marietta. CobbSecond Monday in January, March, May, July, September and November.

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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. WILLIAM S. (BILLY) LEE, D.A., Albany. DoughertySecond Monday in January, March, May, July, September, and November.

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DUBLIN CIRCUIT. HON. W. H. (BILL) WHITE, Judge, Dublin. BEVERLY 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.

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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 L. JACKSON, Judge, Gray; JOSEPH B. DUKE, Judge, Milledgeville. JOSEPH H. BRILEY, D. A., Gray. 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; TOM MORRIS ALLEN, 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.

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TABULAR INDEX PROPOSED AMENDMENTS TO THE CONSTITUTION Agriculture; exemption from taxation for certain harvested products authorized, proposed amendment to the Constitution 1704 Aluminum ore, payment for plan for commercial production authorized, certain, proposed amendment to the Constitution 1671 Appling County; county development, expenditure of funds for, authorized, proposed amendment to the Constitution 1708 Atlanta, City of; tax levy authorized to pay certain revenue obligations, proposed amendment to the Constitution 1660 Bibb County; authorized to appropriate moneys through Macon-Bibb County Urban Development Authority, etc., proposed amendment to the Constitution 1754 Bibb County; board of public education and orphanage, compensation provisions changed, proposed amendment to the Constitution 1724 Bibb County; certain agricultural products exempted from taxation, proposed amendment to the Constitution 1706 Bowdon, City of; certain homestead exemption granted, proposed amendment to the Constitution 1702 Bryan County; industrial development authority, membership changed, proposed amendment to the Constitution 1696 Bulloch County; school superintendent, appointment by board of education authorized, proposed amendment to the Constitution 1758 Chatham County; governing authorities authorized to execute security deeds, etc., proposed amendment to the Constitution 1759 Chatham County; retirement benefits increased, board of education, proposed amendment to the Constitution 1692 Chatham County, West, hospital authority authorized, proposed amendment to the Constitution 1772 Cobb County; board of elections created, etc., proposed amendment to the Constitution 1798 Cobb County; and municipalities within, payment of revenues received from intoxicating beverages authorized, proposed amendment to the Constitution 1730 Cobb County; education districts, redefinition of, authorized, proposed amendment to the Constitution 1763 College Park, City of; homestead exemption, certain, provided, proposed amendment to the Constitution 1768 Counties, etc.; debt limitation provided, proposed amendment to the Constitution 1811 Court of Ordinary; change of name to Probate Court, etc., proposed amendment to the Constitution 1646 DeKalb County; bonds for public purposes, issuance of, authorized without election, etc., proposed amendment to the Constitution 1779

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DeKalb County; certain exemption from ad valorem taxation provided 1669 DeKalb County; justices of peace, salaries provided, etc., proposed amendment to the Constitution 1720 Dougherty County; garbage collection franchises authorized, proposed amendment to the Constitution 1770 Dougherty County; office of tax commissioner abolished, etc., proposed amendment to the Constitution 1654 Douglas (Douglasville); stadium authority created, proposed amendment to the Constitution 1781 Douglasville-Douglas County Stadium Authority created, proposed amendment to the Constitution 1781 East Point, City of; homestead exemption, certain provided, proposed amendment to the Constitution 1673 Forest Park, City of; homestead exemption, certain, provided, proposed amendment to the Constitution 1694 Forsyth County; commission of public safety established, proposed amendment to the Constitution 1732 Forsyth County; tax on businesses in unincorporated areas authorized, etc., proposed amendment to the Constitution 1774 Fulton County; homestead exemptions provided, certain, proposed amendment to the Constitution 1657 Fulton County; retirement benefits, increases authorized, proposed amendment to the Constitution 1809 General Hospital Authority of West Chatham County; created, proposed amendment to the Constitution 1772 Gwinnett County; authorized to tax businesses in unincorporated areas, etc., proposed amendment to the Constitution 1807 Gwinnett County; certain homestead exemption authorized, proposed amendment to the Constitution 1796 Gwinnett County; regulation of speed limits in unincorporated areas authorized, etc., proposed amendment to the Constitution 1803 Gwinnett County; water and sewerage tax authorized, proposed amendment to the Constitution 1776 Hall County; General Assembly authorized to prescribe laws for making tax levies, etc., proposed amendment to the Constitution 1735 Hapeville, City of; homestead exemption, certain, provided, proposed amendment to the Constitution 1686 Homestead exemptions; ad valorem taxation; certain income excluded for qualifying, proposed amendment to the Constitution 1648 Housing code; demolitions under authorized (400,000 or more), proposed amendment to the Constitution 1663 Houston County; grants for training handicapped citizens provided, etc., proposed amendment to the Constitution 1728 Jackson County; arrest of felons within by Department of Public Safety, etc. 1689 LaGrange, Downtown Development Authority, established, proposed amendment to the Constitution 1681

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Lowndes County; consolidation with City of Valdosta authorized, proposed amendment to the Constitution 1715 McDuffie County; tax levy for Development authority authorized, etc., proposed amendment to the Constitution 1683 Macon, City of; authorized to appropriate moneys through Macon-Bibb County Urban Development Authority; proposed amendment to the Constitution 1754 Macon County; motor vehicle registration fee authorized, proposed amendment to the Constitution 1684 Municipalities, etc.; debt limitation provided, proposed amendment to the Constitution 1811 Muscogee County; homestead exemption, certain provided, proposed amendment to the Constitution 1676 , 1678 Newnan, City of; utility system, operating authority designated, proposed amendment to the Constitution 1700 Norcross, City of; homestead exemption, certain provided, proposed amendment to the Constitution 1691 Palmetto, City of; homestead exemption, certain, provided, proposed amendment to the Constitution 1766 Political subdivisions, etc.; debt limitation provided, proposed amendment to the Constitution 1811 Political subdivisions; revenue anticipation obligations, authority to change provided 1666 Probate Court; name change from Court of Ordinary, etc., proposed amendment to the Constitution 1646 Revenue Anticipation Certificates, purpose change authorized, proposed amendment to the Constitution 1666 Revenue; exemption for certain harvested products authorized, proposed amendment to the Constitution 1704 Richmond County; advertisement for promotion of county authorized, proposed amendment to the Constitution 1698 Richmond County; certain tax exemption for manufacturing establishments provided, etc., proposed amendment to the Constitution 1709 Richmond County; consolidated governments, voting requirements provided, proposed amendment to the Constitution 1814 Riverdale, City of; certain homestead exemption provided, proposed amendment to the Constitution 1718 Savannah, City of; retirement benefits increased, board of education, proposed amendment to the Constitution 1692 Savannah, Downtown Authority created, proposed amendment to the Constitution 1738 Snellville, City of; certain homestead exemptions provided, proposed amendment to the Constitution 1726 Sugar Hill, City of; certain homestead exemptions provided, proposed amendment to the Constitution 1722 Teachers' Retirement System; increased benefits authorized, proposed amendment to the Constitution 1652 Telfair County; maximum millage for school purposes fixed, proposed amendment to the Constitution 1816 Tifton, City of, homestead exemption, certain, provided, proposed amendment to the Constitution 1680

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Valdosta, Central, Development Authority provided, proposed amendment to the Constitution 1711 Valdosta, City of; consolidation with Lowndes County, authorized, proposed amendment to the Constitution 1715 Waycross, Downtown Development Authority established, proposed amendment to the Constitution 1764 CODE SECTIONS 9-103AmendedAttorneys, bar examination requirements changed 3 23-2304AmendedPaupers, burial expenses increased, etc. (160,000-165,000) 616 24TitleAmendedpreservation of legal publications provided 383 24-1801AmendedOrdinaries authorized to appoint clerks, etc. (23,450-23,500) 555 24-27AmendedSuperior court clerks, required to notify real property purchasers of homestead exemption (300,000-600,000) 516 24A-TitleAmendedJuvenile court code, expenses of judge provided, etc. 1126 24A-201AmendedChatham County Juvenile Court created 586 24A-3201AmendedJuvenile courts, parents voluntarily consenting to adoption 389 26-1307.C.1.EnactedTerroist act defined 1022 26-1506EnactedAltered identification mark, use of article with, penalty provided 434 26-1709EnactedRefunds, fraudulent attempts to obtain, penalized 490 26-1802AmendedTheft by taking redefined 468 26-1817EnactedLivestock theft penalized, etc. 1006 26-25AmendedEvidence, tampering with, penalty provided 423 26-2610AmendedAbusive and obscene language, redefined 470 26-2907AmendedDistrict Attorneys, etc., exemption from concealed weapons act provided 481 26-9908RepealedCommon Day of rest act, referendum 186 27TitleAmendedImposition of sentences by judge authorized, etc. 352 27-102AmendedPeace officers, warrants for, issuance provided, etc. 1230 27-2506Amendedmisdemeanor sentences, certain, may be served on week-ends 361 27-2506Amendedtraffic offenses, etc., alternative and additional punishment provided 631 32-912AmendedTeachers, procedures for termination of provided, etc. 1104 32-1005AmendedSchool superintendents, bond requirements provided 428 32-1010RepealedTeachers, procedures for termination of provided, etc. 1104

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34-TitleElections, qualifying requirements changed 4 34-1002AAmended; Presidential preference primary date provided, etc. 429 34-6ChapterAmendedResidence requirements for electors changed, etc. 95 34-14AmendedElections, absentee voting provisions changed, etc. 71 34-19AmendedElections, notice of candidacy, false statements made in, penalized 522 34ATitleAmendedMunicipal elections, certain provisions conformed to election code 82 34A-TitleAmendedMunicipal elections, voter eligibility provisions changed, etc. 99 34A-16AmendedElections, notice of candidacy, false statements made in, penalized 522 40-19AmendedState employees, bonds, procurement provided 504 41ATitleEnactedFinancial institutions code 705 47-101AmendedHouse of Representatives, apportionment act amended 16 47-102AmendedSenatorial districts changed 1233 49-604AmendedGuardians, mentally ill persons, procedure for appointment changed, etc. 472 56-TitleAmendedInsurance, certificate of authority provisions changed, etc. 464 56-TitleAmended; Insurance policies, health, certain definitions changed 436 56-322EnactedLending institutions prohibited from selling insurance 1101 56-2441EnactedHealth insurance policies, requirements changed 196 58-608RepealedPublic drunkenness 200 59TitleAmendedJuries, certain expense allowance substituted, etc. 325 59-105AmendedJury commissioners, compensation of, increased, etc. 388 59-120 (a)EnactedGoverning authority to prescribe jury fees, etc. 557 59-6AEnactedGrand juries, investigative, authorized (400,000-600,000) 418 59-6AEnactedGrand juries, special purpose, authorized (600,000 or more) 270 62TitleAmendedLivestock, registration of marks and brands provided, etc. 1003 67TitleAmendedForeclosure on personalty, provisions for 398 68-201AmendedMotor vehicle registration, certain farm trailers, exemption changed 451 68-201AmendedMotorized carts, certain, license exemptions provided 414 68-214AmendedMotor vehicles, replacement of license plate or revalidation sticker provided 397

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68ATitleAmendedUniform Rules of the Road Act 633 74-111AmendedAbusedchildren, reporting procedures, additional, provided, etc. 438 76TitleAmendedPeace warrants, bond and hearing provisions changed, etc. 322 79AChapterAmendedGeorgia Controlled Substances Act 221 79A-4AmendedPharmacists, certain temporary licenses authorized 535 84-3ChapterAmendedArchitects, practice redefined, etc. 162 84-7ChapterAmendedBoard of Dental Examiners, employment of personnel authorized, etc. 1223 84-722AmendedDental clinics, certain colleges, may maintain, etc. 482 84-9ChapterAmendedDoctors, licensed, redefined, etc. 1156 84-10AmendedBoard of Examiners of Registered Nursesexamination fees changed, etc. 496 84-14-ChapterAmendedReal estate brokers and salesmen, act amended 379 84-1411AmendedReal estate brokers, etc., qualifications changed 375 84-1414AmendedReal estate brokers and salesmen, certain qualifications required 382 84-15-ChapterAmendedGeorgia Veterinary Practice Act amended; powers of board defined, etc. 1441 87-1AmendedState financing and investment commission act 171 88-9AmendedAir quality control act 1187 88-1009EnactedMeat, notice of use of food extenders required, certain, etc. 1116 88-1816AmendedHospital authorities, obligations, issuance of certain, authorized 424 91-105aAmendedState properties code, certain authority granted, etc. 1040 91-105aAmendedState properties code, existing leased, amendments to, defined, etc. 1035 91-11ChapterAmended, utilities, public, certain use provided 320 92-1403; Motor Fuel Tax Law amended, certain exemptions provided, etc. 1446 92-2902AmendedMotor vehicle registration, certain farm trailers, exemption changed 451 92-3108AmendedNet income taxation meaning, conformed to Internal Revenue Code 554 92-3113AmendedCorporate income for tax purposes, provisions clarified, etc. 406 92-40AmendedTaxation, fair market value, uniform determination provided, etc. 1206 92-4101AmendedAuburn, City of, included in tax exemption. 619 92-69AmendedTax Assessors, board of, contents of required notice changed, etc. 609

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95-ATitlePublic transportation code amended 1422 95A-706.1EnactedPlanned growth and development act of 1974 1215 95A-954AmendedPublic transportation act, certain exemption for equipment provided 533 95A-959AmendedVehicle weight, provisions changed, etc. 1111 109-502AmendedTrust terms, unauthorized use of prohibited 463 113-1703AmendedAdministrators, private sales by, authorized, etc. 1135 114-TitleAmendedWorkmen's compensation, fellow employees excluded as third party tortfeasors, etc. 1143 COURTS SUPERIOR COURTS Alcovy Circuit; grand jury provisions changed, etc. 613 Alcovy Circuit; judge, salary supplemented by Newton County 126 Alcovy Circuit; judge, salary supplemented by Walton County 124 Atkinson; deputy clerk, salary fixed 3818 Atlanta circuit; additional judge provided 341 Bacon; judge, additional provided, etc. 364 Brantley; judge, additional provided, etc. 364 Bulloch; clerk's office, certain salaries changed 3046 Burke; clerk, placed on salary, etc. 3324 Candler; clerk placed on salary 2736 Carroll; clerk, salary changed 3557 Carroll; judge, additional, authorized, etc. 334 Certain; clerk, required to attend ordinary's court, act repealed 3791 Charlton; judge, additional provided, etc. 364 Chattahoochee; district attorney, salary supplement 128 , 131 Chattahoochee Circuit; district attorney, salary supplement, etc. 128 , 131 Cherokee; clerk, etc., salary changes, etc. 3642 Clerks; advertisements, certain, preservation of, provided 383 Clerks; required to notify real property purchasers of homestead exemption (300,000-600,000) 516 Clerks; retirement, benefits changed, etc. 1188 Clerks; retirement, certain military service credited 1183 Clerks; salaries fixed, etc. (145,000-165,000) 2647 Clerks, salaries changed (185,000-190,000) 2474 Coffee; judge, additional provided, etc. 364 Conasauga Circuit; judge, additional, provided, etc. 371 Conasauga Circuit; law books to judge authorized 1456 Court reporter, assistant, provided, etc. (45,000-52,000) 2644 Court reporter's notes, certain destruction of provided 411 Coweta; judge, additional, authorized, etc. 334 Coweta Circuit; judge, additional, authorized, etc. 334 Dawson; deputy clerk, salary changed, etc. 2433 Dawson; investigator provided, etc. 498

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DeKalb; judges, supplement provided 391 District attorneys, assistant, circuits having more than one judge, salaries changed 360 Dodge; clerk's personnel, etc. 3157 Dougherty circuit; judge, additional provided, etc. 367 Fannin; clerk placed on salary, etc. 2134 Fayette; clerk, salary changed 3145 Fulton; additional judge provided 341 Glynn; clerk, etc., salary changes, etc. 3569 Gordon; grand jury, certain charges provided 2805 Hall; investigator provided, etc. 498 Harris; district attorney, salary supplement, etc. 128 , 131 Heard; judge, additional, authorized, etc. 334 Jeff Davis; clerk, personnel of, salary changes 3508 Jeff Davis; clerk, salary changed, etc. 3105 Lowndes; clerk, fiscal year budget provided, etc. 2875 Lumpkin; investigator provided, etc. 498 Marion; district attorney, salary supplement, etc. 128 , 131 Meriwether; judge, additional, authorized, etc. 334 Murray; judge, additional provided, etc. 371 Murray; law books to judge authorized 1456 Muscogee; district attorney, salary supplement, etc. 128 , 131 Newton; grand jury provisions changed, etc. 613 Newton; judge, salary supplemented by Newton Conunty 126 Northeastern circuit; investigator provided, etc. 498 Oglethorpe; clerk placed on salary 3177 Pierce; judge, additional provided, etc. 364 Rockdale; judges, supplement provided 391 Stone Mountain circuit; judges, supplement provided 391 Sumter; clerk, etc., salaries of employees changed 3367 Talbot; district attorney, salary supplement, etc. 128 , 131 Taylor; district attorney, salary supplement, etc. 128 , 131 Terrell; clerk placed on salary, etc. 2891 Troup; judge, additional, authorized, etc. 334 Walker; clerk, salary changed, etc. 2763 Walton; grand jury provisions changed, etc. 613 Walton; judge, salary supplemented 124 Ware; judge, additional provided, etc. 364 Warren; clerical assistance of clerk, provisions changed 2103 Waycross Circuit; judge, additional provided, etc. 364 Webster; clerk placed on salary, etc. 3139 White; investigator provided, etc. 498 Whitfield; judge, additional, provided, etc. 371 Whitfield; law books to judge authorized 1456 Wilkes; clerk, deputy, salary changed 3064 Worth; clerk, salary changed, etc. 3694 CITY COURTS Court reporter's notes, certain destruction of provided 410 Flovilla; prosecuting officer, provisions changed 3169

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CRIMINAL COURTS Fulton; chief deputy clerk provided, etc. 2672 Fulton; solicitor-general, salary fixed 2240 MUNICIPAL COURTS Augusta; municipal court, provisions clarified, etc. 2410 Columbus; certain court costs changed, etc. 3774 300,000 or more; planning commissions, trial of violations in, etc., provided 1416 JUVENILE COURTS Adoption; parentsvoluntarily consenting to 389 Chatham; court created 586 Cobb; judge, salary changed 3260 Code amended, expenses of judge provided, etc. 1126 STATE COURTS Burke; judge, solicitor, salaries changed 3604 Carroll; judge, salary changed, etc. 2797 Chatham; number of jurors in misdemeanor trials changed 3537 Cherokee; created 2114 Cobb; additional judge provided, etc. 2226 Cobb; magistrate office of, created 2212 Cobb; solicitor, salary changed 3257 Coweta; judge, solicitor, salary changes 3067 DeKalb; solicitor, assistant, additional, provided 3111 Dougherty; created, etc. 3777 Forsyth; created 2114 Habersham; judge, solicitor, salaries changed, etc. 3254 Jenkins; judge, solicitor, salaries changed 3264 Miller; act repealing act repealed 3171 Miller; judge, salary changed 2064 Muscogee; solicitor, second assistant, authorized, etc. 2062 Personnel provided, etc. (145,000-165,000) 2661 Polk; judge, salary changed 2067 Spalding; judge and solicitor, salaries changed, etc. 2047 Sumter; judge, practice of law provisions changed, etc. 3039 Tattnall; judge, salary changed 2308 Tattnall; solicitor, salary changed 3327 Ware; judge, solicitor, salaries changed 3118 Ware; jury provisions changed 3109

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COUNTIES AND COUNTY MATTERS NAMED COUNTIES Appling; small claims court, judges, terms changed 3152 Appling; county development, expenditure of funds for, authorized, proposed amendment to the Constitution 1708 Atkinson; ordinary, salary provisions changed 3108 Atkinson; superior court, deputy clerk, salary fixed 3818 Atkinson; tax commissioner, clerk authorized 3820 Bacon; ordinary placed on salary, etc. 2190 Bacon; superior court judge, additional provided, etc. 364 Bacon; tax commissioner, salary changed, etc. 3314 Baldwin; county court, judge, solicitor, salaries changed, etc. 3211 Baldwin; lease of land to authorized 1244 Banks; tax commissioner, office created, etc., referendum 3798 Bartow; coroner, salary changed 3122 Bartow; sheriff, mileage allowance changed 2449 Berrien; land conveyance to, authorized 332 Berrien; school board, land conveyance to authorized 339 Bibb; agriculture, certain products exempted from taxation, proposed amendment to the Constitution 1706 Bibb; authorized to appropriate moneys through Macon-Bibb County Urban Development Authority, proposed amendment to the Constitution 1754 Bibb; board of public education and orphanage, compensation provisions changed, proposed amendment to the Constitution 1724 Bibb (Macon); urban development authority act 3093 Bibb (Macon); water and sewerage authority act amended 2031 Bibb (Macon); water and sewage authority act amended, members terms extended, referendum 3074 Bibb (Macon); water and sewerage authority, certain property transfer to authorized, etc. 3129 Brantley; superior court judge, additional provided, etc. 364 Brooks; commission districts, reapportionment of, provided, referendum 3088 Bryan; industrial development authority, membership changed, proposed amendment to the Constitution 1696 Bryan; ordinary placed on salary 3214 Bryan; tax commissioner, salary changed 3216 Bulloch; board of commissioners, clerical assistants, salaries changed 3049 Bulloch; deputy sheriffs, salaries changed 3055 Bulloch; ordinary, clerical provisions changed 3052 Bulloch; school superintendent, appointment by board of education authorized, proposed amendment to the Constitution 1758 Bulloch; superior court clerk's office, certain salaries changed 3046

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Bulloch; tax commissioner, assistants for, salaries changed 3043 Burke; small claims court, certain provisions changed, etc. 2532 Burke; state court judge, solicitor, salaries changed 3604 Burke; superior court clerk, placed on salary, etc. 3324 Burke; tax commissioner, salary changed 3144 Butts; board of commissioners, expense allowance provided, etc. 2990 Butts; coroner, salary changed 3660 Butts; deputy sheriffs, salaries changed, etc. 3018 Butts; treasurer, salary changed 2994 Calhoun; tax commissioner's office, salary changes, etc. 2772 Candler; ordinary placed on salary 3347 Candler; sheriff, salary changed, etc. 2741 Candler; superior court clerk, placed on salary 2736 Candler; tax commissioner placed on salary, etc. 2738 Carroll City-County Hospital Authority; filling vacancies provided 2318 Carroll; commissioner, salary changed, etc. 3322 Carroll; ordinary, salary changed 2788 Carroll; sheriff, salary changed 3554 Carroll; state court judge, salary changed, etc. 2797 Carroll; superior court clerk, salary changed 3557 Carroll; superior court judge, additional, authorized, etc. 334 Carroll; tax commissioner, salary changed 2789 Catoosa; commissioner, salary changed 2195 Catoosa; deputy sheriffs, salaries changed, etc. 2193 Catoosa; tax commissioners, clerical allowance changed 2198 Charlton; board of commissioners, membership increased, etc. 3505 Charlton; deputy sheriffs, provisions changed 3789 Charlton; superior court judge, additional provided, etc. 364 Chatham; General Hospital Authority of, West; created, proposed amendment to the Constitution 1772 Chatham; governing authorities authorized to execute security deeds, etc., proposed amendment to the Constitution 1759 Chatham; juvenile court created 586 Chatham; retirement benefits increased, board of education, proposed amendment to the Constitution 1692 Chatham; state court, number of jurors in misdeamenor trials changed 3537 Chattahoochee; board of commissioners, salaries changed 3574 Chattahoochee; sheriff, salary provided 3138 Chattahoochee; superior court, district attorney, salary supplement, etc. 128 , 131 Chattooga; penalty for failure to account for county funds provided, etc. 3345 Chattooga; sheriff, additional personnel provided 2881 Cherokee; board of commissioners provided, etc., referendum 2534 Cherokee; state court created 2114 Cherokee; superior court clerk, etc., salary changes, etc. 3642 Cherokee; water and sewerage authority, new name provided 2530

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Clayton; board of commissioners, posts created, etc. 3308 Clayton; tax commissioner, deputy, salary changed 3305 Clinch; sheriff, mileage rate increased, etc. 3822 Cobb; board of commissioners, election districts changed, etc. 3829 Cobb; board of elections created, etc., proposed amendment to the Constitution 1798 Cobb; education districts changed, etc., referendum 3516 Cobb; education districts, redefinition of, authorized, proposed amendment to the Constitution 1763 Cobb; juvenile court, salary of judge changed 3260 Cobb; ordinary, salary changed 3262 Cobb; payment of revenues received from intoxicating beverages provided, etc., proposed amendment to the Constitution 1730 Cobb; state court, judge, additional, provided, etc. 2226 Cobb; state court, magistrate office of, created 2212 Cobb; state court; solicitor, salary changed 3257 Coffee; superior court judge, additional provided, etc. 364 Colquitt; board of commissioners recreated, etc. 3078 Columbia; board of commissioners, certain election provisions changed 2808 Cook; sheriff, certain reimbursements increased 2586 Coweta; state court, judge, solicitor, salary changes 3067 Coweta; superior court judge, additional, authorized, etc. 334 Dawson; commissioner, salary changed 3405 Dawson; sheriff and deputies, salaries changed 3409 Dawson; superior court, deputy clerk, salary changed, etc. 2433 Dawson, superior court, investigator provided, etc. 498 Dawson; tax commissioner, salary changed 3408 Decatur; conveyance of land authorized 1640 Decatur; sheriff's deputies, provisions changed 3559 DeKalb; board of commissioners, members seeking elective office, vacation by 3785 DeKalb; bonds for public purposes, issuance of, authorized without election, etc., proposed amendment to the Constitution 1779 DeKalb; certain exemption from ad valorem taxation provided, proposed amendment to the Constitution 1669 DeKalb; justices of the peace, salaries provided, etc., proposed amendment to the Constitution 1720 DeKalb; Oglethorpe housing foundation act 2591 DeKalb; recorder's court, judge, qualifications changed, etc. 2802 DeKalb; state court, solicitor, assistant, additional, provided 3111 DeKalb; superior court judges, supplement provided 391 Dodge; commission, clerk of, salary changed 3161 Dodge; deputy sheriffs, provisions changed, etc. 2072 Dodge; ordinary, clerk of, salary changed 3164 Dodge; sheriff, special deputy, designated, etc. 3157 Dodge; superior court, clerk's personnel, etc. 3157 Dodge; tax commissioner, clerks provided, etc. 3166

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Dougherty; garbage collection franchises authorized, proposed amendment to the Constitution 1770 Dougherty; ordinary, compensation changed, etc. 2021 Dougherty; sheriff, compensation changed 2019 Dougherty; state court created, etc. 3777 Dougherty; superior court judge, additional, provided, etc. 367 Dougherty; tax commissioner, office abolished, etc., proposed amendment to the Constitution 1654 Douglas (Douglasville) County Stadium Authority created, proposed amendment to the Constitution 1781 Douglas (Douglasville); water authority created 3376 Early; board of commissioners, certain contract provisions changed 2188 Early; sheriff, compensation changed, etc. 2185 Evans; ordinary, monthly allowance changed 2486 Fannin; board of commissioners, number of members changed, etc. 2136 Fannin; ordinary placed on salary, etc. 2131 Fannin; superior court clerk placed on salary, etc. 2134 Fayette; ordinary, salary changed 3026 Fayette; sheriff, salary changed 3662 Fayette; superior court clerk, salary changed 3145 Fayette; tax commissioner, salary changed 3028 Fayette; treasurer, office abolished, referendum 3848 Floyd; board of commissioners, expense allowances changed 3745 Forsyth; commission of public safety established, proposed amendment to the Constitution 1732 Forsyth; state court created 2114 Forsyth; tax on businesses in unincorporated areas authorized, etc., proposed amendment to the Constitution 1774 Fulton; board of commissioners, districts changed, etc. 2128 Fulton; criminal court, chief deputy clerk provided, etc. 2672 Fulton; criminal court, solicitor-general, salary fixed 2240 Fulton; homestead exemptions provided, certain, proposed amendment to the Constitution 1657 Fulton; retirement benefits, increases authorized, proposed amendment to the Constitution 1809 Fulton; retirement system, benefit provisions changed, etc. 3550 Fulton; retirement, certain, after 20 years' service 3837 Fulton; retirement, certain officers included in 3839 Fulton; superior court, additional judge provided 341 Fulton; teachers and employees retirement system, dependent benefit formula changed 2776 Fulton; teachers and employees retirement system; prior school service redefined 2779 Glascock; ordinary, salary supplemented 3567 Glascock; tax commissioner, salary changed 3565 Glynn; sheriff's office, salary and personnel changes provided 3434 Glynn; superior court clerk, etc., salary changes, etc. 3569 Glynn; tax commissioner, salary changes, etc. 3336 Gordon; commissioner provided, etc. 2522

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Gordon; superior court, grand jury, certain changes provided 2805 Gordon; tax commissioners, salary changes, etc. 2917 Gwinnett; authorized to tax businesses in unincorporated areas, etc., proposed amendment to the Constitution 1807 Gwinnett; board of commissioners, chairman, authorized to hold certain other office 3813 Gwinnett; certain homestead exemption authorized, proposed amendment to the Constitution 1796 Gwinnett; recorder's court, judge, salary changed, etc. 3780 Gwinnett, regulation of speed in incorporated areas authorized, etc., proposed amendment to the Constitution 1803 Gwinnett; water and sewerage act amended, member provisions made, etc. 3815 Gwinnett; water and sewerage tax authorized, proposed amendment to the Constitution 1776 Habersham; board of commissioners, salary changes 3320 Habersham, ordinary, clerk of, salary change 3462 Habersham; state court, judge, solicitor, salaries changed, etc. 3254 Habersham; tax commissioner, salary fixed 3460 Hall; general assembly authorized to prescribe laws for making tax levies, etc., proposed amendment to the Constitution 1735 Hall; superior court, investigator provided, etc. 498 Haralson; commissioner, salary changed 2141 Haralson; ordinary, salary changed, etc. 2145 Haralson; tax commissioner, clerical assistant, salary changed 2143 Harris; deputy sheriffs, salaries fixed 3343 Harris; superior court, district attorney, salary supplement, etc. 128 , 131 Heard; hospital authority, filling vacancies 2585 Heard; superior court judge, additional, authorized, etc. 334 Henry; board of commissioners, new, provided 3680 Henry; business licenses, certain, authorized 3853 Henry; ordinary, salary changed 3248 Henry; sheriff, salary changed 3057 Henry; tax commissioner, salary changed 3059 Houston; handicapped citizens, grants for training provided, etc., proposed amendment to the Constitution 1728 Jackson; department of public safety, certain police powers granted agents, proposed amendment to the Constitution 1689 Jeff Davis; ordinary placed on salary, etc. 3792 Jeff Davis; sheriff, salary changed 3803 Jeff Davis; sheriff's personnel, salary changes made 2589 Jeff Davis; superior court clerk, salary changed, etc. 3105 Jeff Davis; superior court, personnel of clerk, salary changes 3508 Jenkins; deputy sheriffs, provisions relating to changed 3835 Jenkins; board of commissioners, salary changes 3267 Jenkins; deputy sheriffs, provisions changed 3835 Jenkins; state court, judge, solicitor, salaries changed 3264 Jones; board of commissioners, new, created, etc. 2162 Jones; small claims court created 2573

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Lincoln; board of commissioners, chairman, salary changed, etc. 3126 Long; board of education, members' salaries changed, referendum 2878 Long; commissioners, salaries changed 2368 Lowndes; consolidation with City of Valdosta authorized, proposed amendment to the Constitution 1715 Lowndes; ordinary, fiscal year budget provided 3369 Lowndes; sheriff, fiscal year budget provided, etc. 2869 Lowndes; superior court clerk, fiscal year budget provided, etc. 2875 Lowndes; tax commissioner, fiscal year budget provided, etc. 2871 Lowndes; water and sewerage authority act 2678 Lumpkin; superior court, investigator provided, etc. 498 McDuffie; development authority, ad valorem tax levy provided, etc., proposed amendment to the Constitution 1683 McIntosh; sheriff, salary changed 3334 Macon; board of commissioners, salaries changed 3372 Macon; motor vehicle registration fee, certain, authorized, proposed amendment to the Constitution 1684 Marion; superior court, district attorney, salary supplement, etc. 128 , 131 Meriwether; board of commissioners, salaries changed, etc. 3671 Meriwether; superior court judge, additional, authorized, etc. 334 Miller; state court, act repealing act repealed 3171 Miller; state court judge, salary changed 2064 Mitchell; board of commissioners, salaries changed 3013 Monroe; sheriff placed on salary 3464 Monroe; small claims court created 3392 Montgomery; sheriff's secretary, salary changed 3648 Murray; law books to superior court judge furnished 1456 Murray; superior court judge, additional, provided, etc. 371 Muscogee; ad valorem tax exemption, certain, provided 2016 Muscogee; school district, certain exemption from ad valorem taxation granted, proposed amendment to the Constitution 1676 , 1678 Muscogee; state court, solicitor, second assistant, authorized, etc. 2062 Muscogee; superior court, district attorney, salary supplement, etc. 128 , 131 Newton; grand jury provisions changed, etc. 613 Newton; superior court judge, salary supplemented 126 Oglethorpe; development authority, members terms changed, etc. 3173 Oglethorpe; superior court clerk placed on salary 3177 Pierce; board of commissioners, salaries changed 2086 Pierce; sheriff, salary changed, etc. 2077 Pierce; superior court judge, additional provided, etc. 364 Pierce; tax collector placed on salary, etc. 2079 Pierce; tax receiver placed on salary 2082 Polk; sheriff, salary changed, etc. 2069

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Polk; state court judge, salary changed 2067 Pulaski; deputy sheriff, salary changed 3640 Rabun; board of commissioners, supervisor of roads, salary limitation removed, etc. 2206 Richmond; ad valorem tax exemption, certain, provided 2008 Richmond; advertising and promoting of county authorized, proposed amendment to the Constitution 1698 Richmond; board of commissioners, certain tax publication required 3826 Richmond; board of commissioners, clerk provided, etc. 3562 Richmond; board of commissioners, supply and material provisions changed 2774 Richmond; board of tax assessors, powers provided, etc. 3069 Richmond; certain officers exempted from permanent tenure, etc. 2320 Richmond; certain tax exemption for manufacturing establishments provided, etc., proposed amendment to the Constitution 1709 Richmond; consolidated governments, voting requirements provided, proposed amendment to the Constitution 1814 Richmond; educational laws amended 2545 Richmond; employees, merit system council, duties provided, etc. 2332 Richmond; term at which grand jury to submit list of accountants, changed 3034 Richmond (Augusta); board of commissioners provided, etc., referendum 2105 Richmond (Augusta); charter commission act 2324 Richmond (Augusta); coliseum authority act amended, purpose redefined, etc. 3207 Rockdale; deputy sheriffs, salaries changed, etc. 2057 Rockdale; superior court judges, supplement provided 391 Screven; ordinary, salary changed 3341 Screven; retirement plan authorized for officers and employees 2818 Seminole; land conveyance to authorized 584 Small claims court, cost provisions, etc., changed 2484 Spalding; bonds, certain, sureties, certain, relieved 3854 Spalding; state court, salaries of judge and solicitor changed, etc. 2047 Stephens; board of commissioners, options provided, referendum 2037 Stephens; sheriff's deputies, provisions relating to changed 3646 Stewart; commissioner's clerk, salary changed, etc. 3330 Sumter; state court, judge, practice of law provisions changed, etc. 3039 Sumter; superior court clerk, etc., salaries of employees changed 3367 Talbot; sheriff's office, expense provisions changed, etc. 3669 Talbot; superior court, district attorney, salary supplement, etc. 128 , 131

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Tattnall; state court, judge, salary changed 2308 Tattnall; state court solicitor, salary changed 3327 Taylor; superior court, district attorney, salary supplement, etc. 128 , 131 Telfair; maximum millage for school purposes fixed, proposed amendment to the Constitution 1816 Terrell; board of commissioners, office location changed 2890 Terrell; superior court clerk placed on salary, etc. 2891 Toombs; small claims court created 2149 Troup; superior court judge, additional, authorized, etc. 334 Union; land conveyance to United States, etc., authorized 1410 Upson; board of education, election of members provided, referendum 2023 Walker; commissioner, salary changed, etc. 2768 Walker; ordinary, salary changed, etc. 2766 Walker; sheriff, salary changed 3548 Walker; superior court clerk, salary changed, etc. 2763 Walker; tax commissioner, salary changed, etc. 3311 Walton; grand jury provisions changed, etc. 613 Walton; superior court judge, salary supplemented 124 Ware; board of commissioners, chairman, salary changed 3120 Ware; sheriff, salary changed, etc. 3113 Ware; state court judge, solicitor, salaries changed 3118 Ware; state court, jury provisions changed 3109 Ware; superior court judge, additional provided, etc. 364 Ware; tax commissioner, salary changed 3116 Warren; commissioner, salary changed, etc. 2094 Warren; ordinary, salary changed 2097 Warren; sheriff, automobile provided, etc. 2100 Warren; superior court, clerical assistance of clerk, provisions changed 2103 Wayne; board of commissioners, salary changes 3148 Webster; sheriff's office, personnel provisions changed 2338 Webster; superior court clerk, placed on salary, etc. 3139 White; superior court, investigator provided, etc. 498 Whitfield; law books to superior court judge furnished 1456 Whitfield; superior court judge, additional, provided, etc. 371 Wilkes; appointment of school superintendent by education board provided, referendum 3510 Wilkes; superior court deputy clerk, salary changed 3064 Wilkinson; ordinary clerical assistants, salaries changed 2224 Worth; superior court clerk, salary changed, etc. 3694 COUNTY AND COUNTY MATTERS BY POPULATION 6,539-6,600; intoxicating liquors, sale for consumption on premises authorized 2488 9,419-9,430; smal claims court, population figures changed 2636

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12,000-12,200; small claims court, population figures, changed 2220 13,700-13,900; ordinary's court, traffic cases, fines and forfeitures disposition 2614 14,000-15,000; sheriffs, salary procedure fixed, etc. 2659 18,100-18,250; revenue, payment in two instalments provided 2060 22,312-22,825; board of elections, certain, provided 2476 22,830-23,500; small claims court created for 3650 23,450-23,550; ordinaries authorized to appoint clerks, etc. 555 23,500-23,565; small claims court, population figures changed, etc. 2638 28,275-29,650; ad valorem tax exemption, certain, provided 2013 30,000-31,500; commissioners, compensation fixed 2645 45,000-50,000; ad valorem tax exemption, certain, provided 2014 45,000-50,000; board of elections created 3556 45,000-52,000; assistant court reporter, office created, etc. 2644 51,000-55,110; board of elections created, etc. 2652 90,000-140,000; ad valorem tax exemption, certain, provided 2011 99,000-161,000; district attorneys, certain, authorized to appoint certain investigators, etc. 2475 100,000 or more; department of public safety, authorized to render certain requested police assistance 447 145,000-165,000; ad valorem tax payments, installments provided, etc. 3515 145,000-165,000; animal cruelty law 2648 145,000-165,000; chief investigator, office created, etc. 2640 145,000-165,000; employees' salaries changed, etc. 2655 145,000-165,000; librarian, authorized to appoint, etc. 2482 145,000-165,000; ordinaries' compensation fixed, etc. 2646 145,000-165,000; state courts, personnel provided, etc. 2661 145,000-165,000; superior court clerks, salaries fixed, etc. 2647 145,000-165,000; tax commissioners, compensation fixed, etc. 2481 145,000-165,000; treasurers, compensation fixed, etc. 2480 160,000-165,000; paupers, burial expenses increased, etc. 616 165,000-200,000; tax receiver's books, closing time changed, etc. 2635 170,000-195,000; board of elections, jurisdiction changed, etc. 3530 185,000-190,000; sheriffs' salaries increased 2606 185,000-190,000; superior court clerks, salaries changed 2474 256,000 or more; metropolitan Atlanta rapid transit authority included in certain definition, etc. 2607 300,000-600,000; superior court clerks required to notify real property purchasers of homestead exemption 516 300,000 or more; joint city-county board of tax assessors, arbitration method provided, etc. 3607 300,000 or more; zoning and planning provisions repealed, certain act 3845 400,000 or less; county managers, certain, authorized 435 400,000-600,000; grand juries, investigative, authorized 418 600,000 or less; sheriffs authorized to contract with municipalities for services, etc. 542 600,000 or more; governing authority to prescribe jury fees, etc. 557

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600,000 or more; portion of act establishing planning commissions repealed, etc. 3340 600,000 or more; special purpose grand juries authorized 270 600,000 or more; tax levy, certain, requirement of specificity repealed 2483 Board of examiners and stationary engineers and firemen, certain counties, act repealed 2616 Certain; act requiring superior court clerk to attend certain trials in court of ordinary repealed 3781 Certain; superior court clerk required to attend ordinary's court, act repealed 3791 Emeritus offices, certain, act repealed, etc. 2615 Small claims court, certain, cost provisions, etc., changed 2484 COUNTY-WIDE GOVERNMENTS Columbus; charter amended, certain eligibility provisions changed 2783 Columbus; charter amended, council organizational meeting date established, etc. 2781 Columbus; charter amended, effective date of criminal ordinances provided, etc. 3318 Columbus; charter amended, time for presentation of certain claims provided 3316 Columbus; medical center board of commissioners, membership increased 2624 Columbus; municipal court, certain court costs changed, etc. 3774 COUNTY AND COUNTY MATTERS HOME RULE ACTIONS Cobb; zoning and planning act amended 3872 , 3873 Coweta; pensions and retirement pay 3985 DeKalb; board of commissioners, time of regular meetings changed 3995 DeKalk; pension board act amended 4001 Hancock; county police, act repealed prohibiting employment of 4006 MUNICIPAL CORPORATIONS NAMED CITIES Alma; charter amended, salary changes, etc. 3751 Alpharetta; charter amended, recorder's court, provisions changed 2495 Americus; charter amended, certain parking facilities authorized, etc. 3365

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Athens; charter amended, certain malt beverage and wine tax authorized 2986 Athens; charter amended, pension plan amended 3513 Atlanta; ad valorem tax exemption, certain, provided 2006 Atlanta; charter amended, ombudsman's office created, etc. 2665 Atlanta; tax levy authorized to pay certain revenue obligations, proposed amendment to the Constitution 1660 Auburn; included in tax exemption 619 Augusta; land conveyance to authorized 536 Augusta; provisions clarified, etc. 2410 Augusta; charter amended, council members, allowed to succeed themselves 3748 Augusta (Richmond); board of commissioners provided, etc., referendum 2105 Augusta (Richmond); charter commission act 2324 Augusta (Richmond); coliseum authority act amended, purpose redefined, etc. 3207 Austell; charter amended, corporate limits changed 3350 Barnesville; charter amended, certain terms of office changed, etc. 3021 Bartow; new charter 2370 Bloomingdale; charter granted 3439 Blue Ridge; charter amended, ad valorem tax rate changed, referendum 3842 Bowdon; certain homestead exemption granted, proposed amendment to the Constitution 1702 Braselton; charter amended, utility services, resale authorized, etc. 3142 Brunswick; charter amended, corporate limits redefined 2810 Buford; charter amended, election provisions changed, etc. 2694 Buford; charter amended, provisions for taxation of schools changed 3041 Cairo; land conveyance to authorized 512 Calhoun; charter amended, corporate limits changed, etc. 2241 Carrollton; charter amended, certain terms of office changed, referendum 2791 Carrollton; charter amended, corporate limits changed 2795 Cartersville; compensation to authorized 3869 Cartersville; new charter 3697 Cave Spring; charter amended, councilmen, election of, provisions changed 3124 Centralhatchee; new charter, referendum 2347 Clarkesville; charter amended, authority to close certain street granted 2677 Cochran; charter amended, clarifying amendments provided, etc. 3757 College Park; homestead exemption, certain, provided, proposed amendment to the Constitution 1768 Cornelia; charter amended, mayor and commissioners, salaries changed 2675 Covington; charter amended, election provisions changed, referendum 2978

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Dallas; charter amended, ward compositions changed, etc. 2883 Dalton; charter amended, employees' pension plan provided, etc. 2744 Dasher; charter amended, town council provided, etc., referendum 2311 Dillard; new charter 2451 Douglas; charter amended, board of commissioners, election date changed, etc. 2491 Douglasville; charter amended, corporate limits changed 3036 Douglasville (Douglas) Stadium Authority; created, proposed amendment to the Constitution 1781 Douglasville (Douglas); water authority; created 3376 Dublin; charter amended, corporate limits changed 2003 Dublin; charter amended, taxation provisions changed, etc. 3150 Eastman; charter amended, payment of obligations provided 3024 East Point; charter amended, mayor, duties changed, etc., referendum 2497 East Point; certain exemption from ad valorem taxation provided, proposed amendment to the Constitution 1673 Enigma; charter amended, election provisions changed, etc. 3250 Fairburn; charter amended, recorder's court, maximum penalty changed 3673 Fayetteville; charter amended, corporate limits redefined, referendum 2982 Flovilla; charter amended, city court, prosecuting officer, provisions changed 3169 Forest Park; certain ad valorem taxation granted, proposed amendment to the Constitution 1694 Forsyth; charter amended, recorder, qualifications changed, etc. 3062 Ft. Oglethorpe; charter amended, mayor and aldermen, election provisions changed, etc. 2340 Franklin; charter amended, employee selection provided, etc. 3754 Garden City; charter amended, corporate limits changed 3154 Grayson; charter amended, name of town changed, etc. 3090 Hapeville; charter amended, certain pension benefits increased 3535 Hapeville; charter amended, election provisions changed 3303 Hapeville; homestead exemption, certain, provided, proposed amendment to the Constitution 1686 Hiawassee; new charter 3180 Hogansville; charter amended, corporate limits changed, referendum 2203 Homerville; charter amended, voter registration changed 3828 Jackson; charter amended, employment of elected public officials authorized, etc. 2216 Jefferson; charter amended, corporate boundaries corrected 3795 LaGrange; downtown development authority, proposed amendment to the Constitution 1681 Lakeland; charter amended, election provisions changed, etc. 2697

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Lilburn; charter amended, election procedures changed, etc. 3432 Louisville; charter amended, corporate limits changed 2519 Louisville; charter amended, election provisions changed 2785 Macon; authorized to appropriate moneys through Macon-Bibb County Urban Development Authority, proposed amendment to the Constitution 1754 Macon; charter amended, board of water commissioners, abolished, referendum 2028 Macon; charter amended, certain property transfer authorized, etc. 3129 Macon; charter amended, legislative power vested, etc. 2051 Macon (Bibb); urban development authority act 3093 Macon (Bibb); water and sewerage authority, certain property transfer to authorized, etc. 3129 Macon (Bibb); water and sewerage authority act amended 2031 Macon (Bibb); water and sewage authority act amended, members terms extended, referendum 3074 Madison; charter amended, election provisions changed 2182 Manchester; charter amended, corporate limits changed 2236 Marietta; charter amended, corporate limits changed 3412 Martin; charter amended, election provisions changed 2988 Milledgeville; lease of land to authorized 1244 Montezuma; land conveyance to authorized 1638 Monticello; charter amended, recorder provided, etc. 2315 Moultrie; charter amended, election provisions changed, etc. 3469 Nashville; land conveyance to authorized 344 Newnan; utility system, operating authority designated, proposed amendment to the Constitution 1700 Norcross; certain homestead exemption from ad valorem taxation provided, proposed amendment to the Constitution 1691 Ocilla; charter amended, mayor, election qualifications changed, etc. 2302 Palmetto; homestead exemption, certain, provided, proposed amendment to the Constitution 1766 Pavo; charter amended, election date changed 2799 Pooler; charter amended, corporate limits changed 3809 Powder Springs; charter amended, certain annexations authorized, etc. 3425 Reidsville; airport authority act 2731 Remerton; charter amended, named changed, etc. 3664 Ringgold; charter amended, corporate limits changed, etc. 2200 Riverdale; certain homestead exemption provided, proposed amendment to the Constitution 1718 Riverdale; charter amended, election provisions clarified 3805 Rochelle; charter amended, disposal of certain property authorized 2702 Rockmart; charter amended, corporate limits changed 3689 Rossville; new charter 2819 Roswell; charter amended, corporate limits changed 2230

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Saint Marys; charter amended, authority to deed certain closed streets granted 3374 Sasser; new charter 2895 Savannah; authority, downtown, created, proposed amendment to the Constitution 1739 Savannah; charter amended, corporate limits changed, referendum 2088 Savannah; retirement benefits increased, board of education, proposed amendment to the Constitution 1692 Savannah Beach, Tybee Island; charter amended, corporate limits changed, referendum 2305 Shellman; charter amended, recall elections provided, etc. 3015 Shiloh; charter amended, election provisions changed, etc. 2699 Smyrna; charter amended, corporate limits changed, etc. 2436 Snellville; certain homestead exemptions provided, proposed amendment to the Constitution 1726 Snellville; charter amended, filling vacancies 2210 Stockbridge; charter amended, corporate limits changed 3782 Sugar Hill; certain homestead exemptions provided, proposed amendment to the Constitution 1722 Temple; charter granted 3609 Thomaston; charter amended, election provisions changed 3786 Thunderbolt; new charter 3269 Tifton; certain exemption from ad valorem taxation granted, proposed amendment to the Constitution 1680 Tyrone; charter amended, corporate limits changed, referendum 3030 Union; charter amended, election day changed, etc. 3676 Valdosta; central, development authority provided, proposed amendment to the Constitution 1711 Valdosta; charter amended, public transportation system authorized, etc. 2920 Valdosta; consolidation with Lowndes County authorized, proposed amendment to the Constitution 1715 Wadley; new charter 3576 Walthourville; charter granted 2704 Warner Robins; charter amended, corporate limits changed 2172 Waycross; Development Authority, Downtown, established, proposed amendment to the Constitution 1764 Winder; new charter 3219 , 3476 MUNICIPAL CORPORATIONSBY POPULATION 1,000 or less; act repealed authorizing state employees to hold office 3639 300,000 or more; planning commissions, trial of violations in municipal courts provided, etc. 1416 300,000 or more; certain, planning department authorized to establish zoning review board 3847

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300,000 or more; retirement act amended 3540 300,000 or more; zoning and planning provisions, act repealed 3845 300,000 or more; zoning review board authorized 3847 400,000 or more; housing code, demolitions under authorized, proposed amendment to the Constitution 1663 Retirement system, board of trustees, composition changed, etc., certain 3546 MUNICIPALITIES WITHIN COUNTIES BY COUNTY POPULATION 6,539-6,600; intoxicating liquors, sale for consumption on premises authorized 2488 18,000-18,250; rezoning restrictions on annexed property, time provisions clarified 2061 145,000-165,000; ad valorem tax installment payments provided 3515 400,000 or more; ad valorem taxes not past due when subject to review, etc. 2489 600,000 or more; ad valorem taxes not past due when subject to review, etc. 2489 MUNICIPALITIESHOME RULE AMENDMENTS Albany; charter amended, public transportation system provided, etc. 4010 Albany; charter amended, recorder's court, fine provisions increased, etc. 4013 Albany; charter amended, warrant commissioners provided, etc. 4017 Atlanta; charter amended, appointment of municipal court counselor provided, etc. 4020 Atlanta; charter amended, board of education, renumbering articles and sections provided, etc. 4023 Atlanta; charter amended, board of trustees of group insurance increased, etc. 4026 Atlanta; charter amended, firemen, sick leave provisions changed 4035 Atlanta; charter amended, municipal court judges' powers increased 4029 Atlanta; charter amended, sewer construction provisions changed 4032 Centerville; charter amended, mayor and councilmen, advertisement required before salary changes 4063 Folkston; charter amended, fiscal year fixed, etc. 4075 Folkston; charter amended, tax levy, etc. 4080 Griffin; charter amended, city manager, certain appointments authorized 4038 Griffin; charter amended, commissioner, qualification and election changed 4047 Griffin; charter amended, criminal court, terms changed 4050 Griffin; charter amended, director of public safety 4041

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Griffin; charter amended, provisions for enacting legislation changed 4045 Griffin; charter amended, retirement benefits changed 4053 Jeffersonville; charter amended, bond interest limitation removed 4065 Jesup; charter amended, fiscal year changed, etc. 4070 Macon; charter amended, salaries of mayor and aldermen increased 4085 Macon; charter amended, water commissioners pension plan amended 4088 Montezuma; charter amended, fines for ordinance violations increased 4095 Newnan; charter amended, election date changed 4098 Snellville; charter amended, merit service system provided 4102 RESOLUTIONS AUTHORIZING COMPENSATION Barone, Joseph P. 3857 Blanchard, Sergeant Lee 3863 Bruce, Mrs. Charlotte H. 3859 Bryan, Joseph A. 3868 Cartersville, City of 3869 Corbin, Brock 3866 Davis, Mrs. Era S. 3852 Edmonson, John C., Jr. 3862 Flanagan, James Michael, executor of estate of 3869 Harris, Cecil 3856 Helt, Mr. and Mrs. Robert 3858 Lindsey, Mrs. M. O. 3861 Loehle, Craig 3864 Minter, James 3867 Peacock, Walter H., Executor U/W of James Michael Flanagan 3869 Sexton, Mrs. Dave 3860 Whitehead, Aaron Franklin 3865 RESOLUTIONS AUTHORIZING LAND CONVEYANCES, LEASES AND EASEMENTS Augusta Association for Retarded Children; lease of land to, authorized 612 Augusta, City of; land conveyance to authorized 536 Baldwin County; lease of land to authorized 1244 Berrien County; land conveyance to, authorized 332 Berrien County; land conveyance to school board authorized 339 Cairo, City of; land conveyance to authorized 512 Calhoun Chemical and Coating Corporation; land conveyance to authorized 566

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Chattahoochee River; conveyance of land on to United States government authorized 1235 Consolidated Atlanta Properties, Ltd.; severance of certain land from lease authorized, etc. 1247 Decatur County; conveyance of land authorized 1640 First Presbyterian Church of Milledgeville, lease of land to authorized 1228 Hospital Authority of Wayne County, conveyance of land to authorized 1231 Milledgeville, City of; lease of land to authorized 1244 Montezuma, City of; land conveyance to authorized 1638 Nashville, City of; land conveyance to authorized 344 Peachtree-Whitehall, Inc.; severance of certain land from lease authorized, etc. 1247 Seminole County; land conveyance to authorized 584 Union County; land conveyance to United States authorized 1410 United States; conveyance of land on Chattahoochee River to, authorized 1235 United States; land conveyance in Union County authorized 1410 Wayne County; hospital authority, conveyance of land to authorized 1231 Western and Atlantic Railroad Commission; severance of certain land from lease authorized, etc. 1247 MISCELLANEOUS RESOLUTIONS Blue Star Memorial Highway; honoring Captain Leon Ellis, Jr., designated 2664 Conasauga judicial circuit, law books authorized for judge 1456 Ellis, Captain Leon, Jr., highway honoring designated 2664 Georgia Hall of Fame Commission established 1636 Hall of Fame Commission established 1636 Lake Tobesofkee; investigation of as State Park directed 1642 Metropolitan Atlanta Rapid Transit Overview Committee, membership changed, etc. 524 Multi-State transportation corridor advisory board; authority to pay contribution provided 1457 Spalding County; certain sureties on certain bonds relieved 3854 Tobesofkee, Lake; investigation of as State Park directed 1642

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INDEX A ADEQUATE PROGRAM FOR EDUCATION IN GEORGIA ACT Enacted 1045 ADMINISTRATIVE SERVICES, DEPARTMENT OF Bonds, employees, procurement provided 504 ADMINISTRATORS, ETC. Private sales by, authorized 1135 ADOPTION Parents voluntarily consenting to 389 AGRICULTURAL COMMODITIES PROMOTION ACT, GEORGIA Amended, peanut stabilization fund established, etc. 564 AGRICULTURE Exemption from taxation for certain harvested agriculture products authorized, proposed amendment to the Constitution 1704 Livestock, registration of marks and brands provided 1003 Livestock theft penalized, etc. 1006 Meat, certain deceptive advertising and sale prohibited, etc. 1030 Milk, wholesale fluid, filing of prices provided, etc. 1042 Natural gas, prior allocation for nitrogen production urged 9 Peanuts, stabilization fund established, etc. 564 Pecans processors, etc., licenses, etc. 539 Tobacco, flue-cured leaf, conditions provided for sale, etc. 518 AIR QUALITY CONTROL ACT Amended 1187 ALBANY, CITY OF See also tabular indexMunicipalities, Home Rule Amendments ALCOHOLICS Treatment of, provided, etc. 200 ALCOVY JUDICIAL CIRCUIT Grand jury provisions changed, etc. 613

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Judge, salary supplemented by Newton County 126 Judge, salary supplemented by Walton County 124 ALMA, CITY OF Charter amended, salary changes, etc. 3751 ALPHARETTA, CITY OF Charter amended, recorder's court, provisions changed 2495 ALUMINUM ORE Payment, certain, for commercial production from kaolin authorized, proposed amendment to the Constitution 1671 AMERICAN HISTORY MONTH Designated 329 AMERICUS, CITY OF Charter amended, parking facilities, certain authorized, etc. 3365 ANIMALS Certain liens on created, etc. 330 APPLING COUNTY County development, expenditure of funds for, authorized proposed amendment to the Constitution 1708 Small claims court, judges, terms changed 3152 APPORTIONMENT ACT House of Representatives, amended 16 Senatorial districts, amended 1233 APPROPRIATIONS ACT General, amended 1459 General, enacted 1508 ARCHITECTS Practice redefined, etc. 162 ATHENS, CITY OF Charter amended, certain malt beverage and wine tax authorized 2986 Charter amended, pension plan amended 3513

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ATHLETIC CONTESTS Ticket sales to, colleges, certain act repealed 417 ATKINSON COUNTY Ordinary, salary provisions changed 3108 Superior court, deputy clerk, salary fixed 3818 Tax commissioner, clerk authorized 3820 ATLANTA, CITY OF See also tabular indexMunicipalities, Home Rule Amendments Ad valorem tax exemption, certain, provided 2006 Charter amended, ombudsman's office created, etc. 2665 Tax levy authorized to pay certain revenue obligations, proposed amendment to the Constitution 1660 ATLANTA JUDICIAL CIRCUIT Additional judge provided 341 ATTORNEYS Appointment for indigents provided 1100 Bar examination applicants, qualifications changed 3 AUBURN, CITY OF Tax exemption, included in 619 AUGUSTA ASSOCIATION FOR RETARDED CHILDREN Lease of land to, authorized 612 AUGUSTA, CITY OF Charter amended, council members, allowed to succeed themselves 3748 Land conveyance to authorized 536 Municipal court, provisions clarified, etc. 2410 AUGUSTA-RICHMOND COUNTY Board of commissioners, provided, etc., referendum 2105 Charter commission act, enacted 2324 Coliseum authority act, amended, purpose redefined, etc. 3207 AUSTELL, CITY OF Charter amended, corporate limits changed 3350 AUTOMOBILES Manufacturer's safety warranty act amended 8

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B BACON COUNTY Ordinary placed on salary, etc. 2190 Superior court judge, additional provided, etc. 364 Tax commissioner, salary changed, etc. 3314 BALDWIN COUNTY County court, judge, solicitor, salaries changed, etc. 3211 Lease of land to authorized 1244 BANKS AND BANKING Financial institutions code enacted 705 Lending institutions prohibited from selling insurance 1101 BANKS COUNTY Tax commissioner, office created, etc., referendum 3798 BARNESVILLE, CITY OF Charter amended, certain terms of office changed, etc. 3021 BARONE, JOSEPH P. Compensation to authorized 3857 BARTOW COUNTY Coroner, salary changed 3122 Sheriff, mileage allowance changed 2449 BARTOW, TOWN OF New charter 2370 BERRIEN COUNTY Land conveyance to, authorized 332 School Board, certain land conveyance authorized 339 BIBB COUNTY Agriculture, certain products exempted from taxation, proposed amendment to the Constitution 1706 Appropriation of money through Macon-Bibb County Urban Development Authority authorized, proposed amendment to the Constitution 1754 Board of public education and orphanage, compensation provisions changed, proposed amendment to the Constitution 1724

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BICENTENNIA CELEBRATION ACT, NATIONAL, GEORGIA COMMISSION FOR Amended, certain proceeds, retention authorized 430 BLANCHARD, SERGEANT LEE Compensation to authorized 3863 BLOOD TESTS Medical examiner, analytical purposes authorized, etc. 561 Technicians, qualifications changed 562 BLOOMINGDALE, CITY OF Charter granted 3439 BLUE RIDGE, CITY OF Charter amended, ad valorem tax rate changed, referendum 3842 BLUE STAR MEMORIAL HIGHWAY Designated, honoring Captain Leon Ellis, Jr. 2664 BOARD OF DENTAL EXAMINERS Personnel employment authorized, etc. 1223 BOARD OF EXAMINERS OF PRACTICAL NURSES ACT Amended 494 BOARD OF EXAMINERS OF REGISTERED NURSES Examination fees changed, etc. 496 BODIES Forms to be furnished driver license applicants for gift of after death, etc. 1117 BONDS State employees, procurement provided 504 BOWDON, CITY OF Certain homestead exemption granted, proposed amendment to the Constitution 1702 BRANTLEY COUNTY Superior court judge, additional provided, etc. 364

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BRASELTON, TOWN OF Charter amended, utility services, resale authorized, etc. 3142 BROOKS COUNTY Commission districts, reapportionment of, provided, referendum 3088 BRUCE, MRS. CHARLOTTE H. Compensation authorized 3859 BRUNSWICK, CITY OF Charter amended, corporate limits redefined 2810 BRYAN COUNTY Industrial development authority, membership changed, proposed amendment to the Constitution 1696 Ordinary placed on salary 3214 Tax commissioners, salary changed 3216 BRYAN, JOSEPH A. Compensation authorized 3868 BUFORD, CITY OF Charter amended, election provisions changed, etc. 2694 Charter amended, provisions for taxation of schools changed 3041 BULLOCH COUNTY Board of commissioners, clerical assistants, salaries changed 3049 Deputy sheriffs, salaries changed 3055 Ordinary, clerical provisions changed 3052 School superintendent, appointment by board of education authorized, proposed amendment to the Constitution 1758 Superior court clerk's office, certain salaries changed 3046 Tax commissioner, assistants for, salaries changed 3043 BUREAU OF INVESTIGATION Created, etc. 109 BURKE COUNTY Small claims court, certain provisions changed, etc. 2532 State court, judge and solicitor, salaries changed 3604 Superior court clerk placed on salary, etc. 3324 Tax commissioner, salary changed 3144

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BUTTS COUNTY Coroner, salary changed 3660 Deputy sheriffs, salaries changed, etc. 3018 Tax commissioners, expense allowance provided, etc. 2990 Treasurer, salary changed 2994 C CAIRO, CITY OF Land conveyance to authorized 512 CALHOUN CHEMICAL AND COATING CORPORATION Land conveyance to authorized 566 CALHOUN, CITY OF Charter amended, corporate limits changed, etc. 2241 CALHOUN COUNTY Tax commissioner's office, salary changes, etc. 2772 CAMPAIGN FINANCING DISCLOSURE ACT Enacted 155 CAMPUS POLICEMEN Certain, jurisdiction extended 611 CANDLER COUNTY Ordinary placed on salary 3347 Sheriff, salary changed, etc. 2741 Superior court clerk placed on salary 2736 Tax commissioner placed on salary, etc. 2738 CAPTAIN LEON ELLIS, JR. Highway designated honoring 2664 CARROLL CITY-COUNTY HOSPITAL AUTHORITY Filling vacancies provided 2318 CARROLL COUNTY City-County hospital authority, filling vacancies provided 2318 Commissioner, salary changed, etc. 3322 Judge, superior court, additional authorized, etc. 334

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Ordinary, salary changed 2788 Sheriff, salary changed 3554 State court judge, salary changed, etc. 2797 Superior court clerk, salary changed 3557 Tax commissioner, salary changed 2789 CARROLLTON, CITY OF Charter amended, certain terms of office changed, referendum 2791 Charter amended, corporate limits changed 2795 CARTERSVILLE, CITY OF Compensation authorized 3869 New charter 3697 CATOOSA COUNTY Commissioner, salary changed 2195 Deputy sheriffs, salaries changed, etc. 2193 Tax commissioners, clerical allowance changed 2198 CAVE SPRING, CITY OF Charter amended, councilmen, election of, provisions changed 3124 CENTERVILLE, CITY OF See also tabular indexMunicipalities, Home Rule Amendments CENTRALHATCHEE, TOWN OF New charter, referendum 2347 CHARITABLE TRUST ACT, GEORGIA Enacted 440 CHARLTON COUNTY Board of commissioners, membership increased, etc. 3505 Deputy sheriffs, provisions relating to changed 3789 Superior court judge, additional provided, etc. 364 CHATHAM COUNTY General Hospital Authority of West Chatham created, proposed amendment to the Constitution 1772 Governing authorities authorized to execute security deeds, etc., proposed amendment to the Constitution 1759 Juvenile court created 586

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Retirement benefits increased, board of education, proposed amendment to the Constitution 1692 State court, number of jurors in misdemeanor trials changed 3537 CHATTAHOOCHEE COUNTY Board of commissioners, salaries changed 3574 Sheriff, salary provided 3138 Superior court, district attorney, salary supplement, etc. 128 , 131 CHATTAHOOCHEE JUDICIAL CIRCUIT Superior court, district attorney, salary supplement, etc. 128 , 131 CHATTAHOOCHEE RIVER Conveyance of land on to U.S. Government authorized 1235 CHATTOOGA COUNTY Penalty for failure to account for county funds provided, etc. 3345 Sheriff, additional personnel provided 2881 CHEROKEE COUNTY Board of commissioners provided, etc., referendum 2534 State court created 2114 Superior court clerk, etc., salary changes, etc. 3642 Water and sewerage authority, new name provided 2530 CHILDREN Abused, reporting procedures, additional, provided, etc. 438 Adoption, parents voluntarily consenting to 389 Certain employment permitted 534 Exceptional, redefined 1209 Felons over 13 years old, sentencing provided 1455 Stadium employment, etc., authorized 460 CITY COURTS Court reporter's notes, certain destruction provided 410 CIVIL DEFENSE ACT Amended 558 Amended, immunity provisions extended 386

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CIVIL PRACTICE ACT Motion to set aside judgment for lack of jurisdiction provided 1138 CLAIMS ADVISORY BOARD ACT Amended 395 CLARKESVILLE, CITY OF Charter amended, authority to close certain street granted 2677 CLAYTON COUNTY Board of commissioners, posts created, etc. 3308 Tax commissioner, deputy, salary changed 3305 CLINCH COUNTY Sheriff, mileage rate increased, etc. 3822 COBB COUNTY See tabular indexCounties and County MattersHome Rule Actions. Board of commissioners, election districts, changed, etc. 3829 Board of elections created, etc., proposed amendment to the Constitution 1798 Education districts changed, etc., referendum 3516 Education districts, redefinition of, authorized, proposed amendment to the Constitution 1763 Juvenile court, judge, salary changed 3260 Ordinary, salary changed 3262 Payment of revenues received from intoxicating beverages provided, etc., proposed amendment to the Constitution 1730 State court, additional judge provided, etc. 2226 State court, magistrate, office of, created 2212 State court, solicitor, salary changed 3257 COCHRAN, CITY OF Charter amended, clarifying amendments provided, etc. 3757 COFFEE COUNTY Superior court judge, additional provided, etc. 364 COLLEGE PARK, CITY OF Homestead exemption, certain provided, proposed amendment to the Constitution 1768

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COLQUITT COUNTY Board of commissioners recreated, etc. 3078 COLUMBIA COUNTY Board of commissioners, certain election provisions changed 2808 COLUMBUS Charter amended, certain eligibility provisions changed 2783 Charter amended, council organizational meeting date established, etc. 2781 Charter amended, effective date of criminal ordinances provided, etc. 3318 Charter amended, time for presentation of certain claims provided 3316 Medical center board of commissioners, membership increased 2624 Municipal court, certain court costs changed, etc. 3774 COMMON CARRIERS Intoxicating liquors, certain distribution by certain, authorized 615 COMMON DAY OF REST ACT OF 1974 Enacted, referendum 186 CONASAUGA JUDICIAL CIRCUIT Judge, additional, provided, etc. 371 Superior court judge, law books authorized 1456 CONSOLIDATED ATLANTA PROPERTIES, LTD. Severance of certain land from lease authorized, etc. 1247 CONTROLLED SUBSTANCES ACT, GEORGIA Enacted 221 COOK COUNTY Sheriff, certain reimbursements increased 2586 COOPERATIVE EDUCATIONAL SERVICE AGENCIES ACT Amended 488

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CORBIN, BROCK Compensation authorized 3866 CORNELIA, CITY OF Charter amended, mayor and commissioners, salaries changed 2675 CORPORATIONS Income for tax purposes, clarified, etc. 406 CORRECTIONS, DIRECTOR OF Prisoner transfers, certain, pending appeal, authorized 479 COUNCIL ON MATERNAL HEALTH Renamed, etc. 269 COUNTIES Ad valorem tax exemption, certain, provided (28,275-29-650) 2013 Ad valorem tax exemption, certain, provided (45,000-50,000) 2014 Ad valorem tax exemption, certain, provided (90,000-140,000) 2011 Ad valorem installment payments provided, etc. (145,000-165,000) 3515 Ad valorem taxes not past due when subject to review, etc. 2489 Animal Cruelty law (145,000-165,000) 2648 Assistant court reporter, office created, etc. 2644 Board of elections created (45,000-50,000) 3556 Board of elections, certain, provided (22,312-22,825) 2476 Board of elections created, etc. (51,000-55,100) 2652 Board of Elections, jurisdiction changed, etc. (170,000-195,000) 3530 Board of examiners and stationary engineers and firemen, certain counties, act repealed 2616 Certain grants authorized, etc. 273 Chief investigator, office created, etc. (145,000-165,000) 2640 Commissioners, compensation fixed (30,000-31,500) 2645 County managers, certain, authorized (400,000 or less) 435 Debt limitation provided, proposed amendment to the Constitution 1811 District attorneys, assistant, circuits having more than one judge, salaries changed 360 District attorneys, certain, authorized to appoint certain investigators, etc. 2475

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Emeritus offices, certain act repealed, etc. 2615 Employees' salaries changed, etc. (145,000-165,000) 2655 Golf courses, certain authorized to sell malt beverages 587 Grand juries, investigative, authorized (400,000-600,000) 418 Grand juries, special purpose authorized (600,000 or more) 270 Indemnity insurance, purchase authorized 702 Industrial waste water treatment services authorized 617 Intoxicating liquors, sale for consumption on premises authorized (6,530-6,600) 2488 Joint city-county board of tax assessors, arbitration method provided, etc. (300,000 or more) 3607 Librarian, authorized to appoint, etc. (145,000-165,000) 2482 Local income tax, certain levy authorized, etc., referendum 506 Malt beverages, excise provided, etc. 1447 Ordinaries authorized to appoint clerks, etc. (23,450-23,550) 555 Ordinaries' compensation fixed, etc. (145,000-165,000) 2646 Ordinary's court, traffic cases, fines and forfeitures disposition 2614 Paupers, burial expenses increased, etc. (160,000-165,000) 616 Planning commissions, portion of act establishing, repealed, etc (600,000 or more) 3340 Police assistance, certain, may be rendered by State 447 Retirement systems, etc., requirements provided, etc. 1407 Revenue anticipation obligations, authority to change purpose of provided, proposed amendment to the Constitution 1666 Revenue, payment in two installments provided 2060 Sheriffs authorized to contract with municipalities for services, etc. (600,000 or less) 542 Sheriff's salaries increased (185,000-190,000) 2606 Sheriffs, salary procedure fixed, etc. (14,000-15,000) 2659 Small claims court, certain, cost provisions, etc., changed 2484 Small claims court created (22,830-23,500) 3650 Small claims court, population figures changed, etc. (9,419-9,430) 2636 Small claims court, population figures changed (12,000-12,200) 2220 Small claims court, population figures changed, etc. (23,500-23,565) 2638 State courts, personnel provided, etc. (145,000-165,000) 2661 Superior court clerk, act requiring certain attendance at trials in court of ordinary repealed 3791 Superior court clerks, salaries changed (185,000-190,000) 2474 Superior court clerks, salaries fixed, etc. (145,000-165,000) 2647 Tax assessors, board of, contents of required notice changed, etc. 609

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Tax commissioners, compensation fixed, etc. (145,000-165,000) 2481 Tax deferred compensation plan authorized 198 Tax levy, certain, requirement of specificity repealed (600,000 or more) 2483 Tax receiver's books, closing time changed, etc. (165,000-200,000) 2635 Treasurers, compensation fixed, etc. (145,000-165,000) 2480 Zoning and planning provisions of certain act repealed (300,000 or more) 3845 COURT OF ORDINARY Name change to probate court, etc., proposed amendment to the Constitution 1646 COURT REPORTERS Notes, certain destruction of provided 410 COURT REPORTING ACT, GEORGIA Enacted 345 COURTS Advertisements, certain, preservation of, provided 383 Attorneys, appointment for indigents provided 1100 Deaf sign language interpreters, certain use authorized in 484 Reporter's notes, certain destruction of, provided 410 COVINGTON, CITY OF Charter amended, election provisions changed, referendum 2978 COWETA COUNTY See tabular indexCounties and County MattersHome Rule Actions State court, judge, solicitor, salary changes 3067 Superior court, judge, additional authorized, etc. 334 COWETA JUDICIAL CIRCUIT Superior court judge, additional, authorized, etc. 334 CRABS Bond, certain, required for commercial boat owners, etc. 1173 Commercial taking, seasons for, provided, etc. 1170 Taking of, provisions made for, etc. 1175

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CREDIT UNION DEPOSIT INSURANCE CORPORATION Authorized 545 CRIMINAL JUSTICE ACT, GEORGIA Amended, attorneys, appointment for indigents, provided 1100 CRIMINAL LAW Abusive and obscene language, redefined 470 Altered identification mark, use of articles with, penalty provided 434 Attorneys, appointment for indigents provided 1100 District attorneys, etc., exemption from concealed weapons act provided 481 Elections, notice of candidacy, false statements made in, penalized 522 Evidence, tampering with, penalty provided 423 General Assembly, members prohibited from paid appearances before Pardon and Paroles Board 471 Impersonation of peace officer solicitor penalized 1221 Knives, certain possession of, illegal 385 Livestock theft penalized, etc. 1006 Refunds, fraudulent attempt to obtain, penalized 490 Terroristic act defined 1022 Theft by taking redefined 468 CRIMINAL PROCEDURE Felons over 13 years old, sentencing provided 1455 Imposition of sentences by judge authorized, etc. 352 Peace officers, warrants for, issuance provided, etc. 1230 Sentences, certain misdemeanor, may be served as week-ends 361 Traffic offenses, etc., alternative and additional punishment provided 631 D DALLAS, CITY OF Charter amended, ward compositions changed, etc. 2883 DALTON, CITY OF Charter amended, employees' pension plan provided, etc. 2744 DASHER, TOWN OF Charter amended, town council provided, etc., referendum 2311

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DAVIS, MRS. ERA S. Compensation authorized 3852 DAWSON COUNTY Commissioner, salary changed 3405 Sheriff and deputies, salaries changed 3409 Superior court, deputy clerk, salary changed, etc. 2433 Superior Court, investigator provided, etc. 498 Tax commissioner, salary changed 3408 DEAD ANIMAL DISPOSAL ACT Amended, duties of State Department of Transportation 404 DEAF SIGN LANGUAGE INTERPRETERS Certain proceedings, use authorized in 484 DEALERS IN USED MOTOR VEHICLE PARTS REGISTRATION ACT Amended, sales tax certificate number required 392 DECATUR COUNTY Conveyance of land to authorized 1640 Sheriff's deputies, provisions changed 3559 DECEPTIVE PRACTICE Meat, certain advertising and sale of prohibited, etc. 1030 DeKALB COUNTY See tabular indexCounties and County MattersHome Rule Actions Board of commissioners, members seeking elective office, vacation by 3785 Bonds for public purposes, issuance of, authorized without election, etc., proposed amendment to the Constitution 1779 Certain exemption from ad valorem taxation provided, proposed amendment to the Constitution 1669 Justices of the peace, salaries provided, etc., proposed amendment to the Constitution 1720 Oglethorpe Housing Foundation Act 2591 Recorder's court, judge, qualifications changed, etc. 2802 State court, additional assistant solicitor, provided 3111 Superior court judges, supplement provided 391

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DeKALB COUNTY OGLETHORPE HOUSING FOUNDATION ACT Enacted 2591 DENTAL CLINICS Colleges, certain, may maintain, etc. 482 DENTAL EXAMINERS, BOARD OF Personnel employment authorized, etc. 1223 DENTISTS License revocation, certain authorized, etc. 532 DEPARTMENT OF ADMINISTRATIVE SERVICES Bonds, employees, procurement provided 504 DEPARTMENT OF NATURAL RESOURCES Conservation rangers designated 1453 DEPARTMENT OF OFFENDER REHABILITATION Felons over 13 years old, sentencing provided 1455 DEPARTMENT OF PUBLIC SAFETY Driver's license examiners, salaries provided, etc. 1007 Forms to be furnished driver license applicants for gift of their bodies after death, etc. 1117 Jackson County, certain police powers granted in, proposed amendment to the Constitution 1689 Police assistance, certain requested, authorized (100,000 or more) 447 Salary changes 1122 DETAINERS ACT, INTERSTATE AGREEMENT ON Amended 390 DILLARD, CITY OF New charter 2451 DIRECTOR OF CORRECTIONS Prisoners, certain transfers pending appeal authorized 479

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DISTRICT ATTORNEY EMERITUS ACT Amended 1246 DISTRICT ATTORNEYS Etc., exemption from concealed weapons act provided 481 DISTRICT ATTORNEYS' RETIREMENT FUND ACT Amended 1180 DOCTORS Confidential communications, certain disclosures do not violate, etc. 595 Redefined, etc. 1156 DODGE COUNTY Commissioner, clerk of, salary changed 3161 Deputy sheriffs, provisions changed, etc. 2072 Ordinary, clerk of, salary changed 3164 Sheriff, special deputy, designated, etc 3157 Superior court, clerk's personnel, etc. 3157 Tax commissioners, clerks provided, etc. 3166 DOUGHERTY COUNTY Garbage collection franchises authorized, proposed amendment to the Constitution 1770 Ordinary, compensation changed, etc. 2021 Sheriff, compensation changed 2019 State court created, etc. 3777 Superior court judge, additional, provided, etc. 367 Tax commissioner, office abolished, etc., proposed amendment to the Constitution 1654 DOUGLAS, CITY OF Charter amended, board of commissioners, election date changed, etc. 2491 DOUGLAS COUNTY (Douglasville); stadium authority created, proposed amendment to the Constitution 1781 DOUGLASVILLE, CITY OF Charter amended, corporate limits changed 3036 (Douglas); stadium authority created, proposed amendment to the Constitution 1781

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DOUGLASVILLE-DOUGLAS COUNTY WATER AUTHORITY Created 3376 DRUGS Georgia Controlled Substances Act 221 DUBLIN, CITY OF Charter amended, corporate limits changed 2003 Charter amended, taxation provisions changed, etc. 3150 E EARLY COUNTY Board of commissioners, certain contract provisions changed 2188 Sheriff, compensation changed, etc. 2185 EAST POINT, CITY OF Certain exemption from ad valorem taxation provided, proposed amendment to the Constitution 1673 Charter amended, mayor's duties changed, etc., referendum 2497 EASTMAN, CITY OF Charter amended, payment of obligations provided 3024 EDMONSON, JOHN C., JR. Compensation to authorized 3862 EDUCATION Adequate program for education in Georgia act 1045 Athletic contest, sale of tickets to, certain act repealed 417 Boards of, retirement systems, etc., requirements provided, etc. 1407 Campus policemen, certain jurisdiction extended 611 Emergency conditions, certain definitions, changes, authorized, etc. 588 Environmental act of 1974 1113 Exceptional child redefined 1209 Exceptional children, certain requirements provided, etc. 1033 Eye protective devices required in certain courses 971 Higher Education Assistance Corporation Act amended 1444 Isolated schools, minimum teachers, provisions for, etc. 1028 Local boards of, retirement systems requirements relative to provided 1407

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Married students, provisions made for, etc. 268 Private colleges, grants to students attending, increased, etc. 487 Public libraries, county and regional, provisions changed, etc. 492 School bus drivers, minimum salaries changed, etc. 431 School superintendents, bond requirements provided 428 Teachers, procedures for termination of, etc., provided 1104 ELECTIONS Absentee voting provisions changed, etc. 71 Campaign financing disclosure act 155 Candidacy, notice of, false statements made in, penalized 522 Municipal, certain provisions conformed to election code 82 Municipal, voter eligibility provisions changed, etc. 99 Presidential preference primary date provided, etc. 429 Qualifying requirements changed 4 Residence requirements for electors changed, etc. 95 ELECTRICAL CONTRACTORS ACT, GEORGIA Amended, certain license examinations changed, etc. 425 ELECTRICITY Persons responsible for high-voltage line work redefined 153 ELLIS, CAPTAIN LEON, JR. Highway designated honoring 2664 EMPLOYEES' RETIREMENT SYSTEM Age requirements, certain, changed 1177 Amended, accumulated leave constituted as creditable service 1451 Amended, Warm Springs Foundation employees credited 130 EMPLOYMENT AGENCIES ACT, PRIVATE Enacted 567 EMPLOYMENT SECURITY LAW Amended, maximum benefits increased, etc. 101 ENIGMA, TOWN OF Charter amended, election provisions changed, etc. 3250 ENVIRONMENTAL EDUCATION ACT OF 1974 Enacted 1113

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EVANS COUNTY Ordinary, monthly allowance changed 2486 EVIDENCE Deaf sign language interpreters, certain, authorized, etc. 484 EXECUTIVE BRANCH Printing costs, procedure for showing, etc., provided 1002 EXECUTIVE REORGANIZATION ACT Amended, Georgia Bureau of Investigation created, etc. 109 EYEGLASSES Lense specifications, certain requirements deleted, etc. 515 EYE PROTECTIVE DEVICES Education, required in certain courses 971 F FAIRBURN, CITY OF Charter amended, recorder's court, maximum penalty changed, etc. 3673 FANNIN COUNTY Board of commissioners, number of members changed, etc. 2136 Ordinary placed on salary, etc. 2131 Superior court clerk placed on salary, etc. 2134 FAYETTE COUNTY Ordinary, salary changed, etc. 3026 Sheriff, salary changed 3662 Superior court clerk, salary changed 3145 Tax commissioners, salary changed 3028 Treasurer, office abolished, referendum 3848 FAYETTEVILLE, CITY OF Charter amended, corporate limits redefined, referendum 2982 FIDUCIARY INVESTMENT COMPANY ACT Amended, certain real estate investments authorized 598

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FINANCIAL INSTITUTIONS CODE Enacted 705 FINANCING AND INVESTMENT COMMISSION ACT, STATE Amended 171 FIREARMS AND WEAPONS ACT, GEORGIA Amended, shotgun defined, etc. 440 FIREMEN'S PENSION FUND ACT Amended, powers of trustees changed, etc. 377 FIRST PRESBYTERIAN CHURCH OF MILLEDGEVILLE Lease of land to authorized 1228 FLANAGAN, JAMES MICHAEL Compensation authorized to executor U/W 3869 FLOVILLA, CITY OF Charter amended, city court, prosecuting officer, provisions changed 3169 FLOYD COUNTY Board of commissioners, expense allowances changed 3745 FOLKSTON, CITY OF See also tabular indexMunicipalities, Home Rule Amendments FOOD SERVICE ESTABLISHMENTS Meat, notice of use of food extenders required, certain, etc. 1116 FORECLOSURES Personalty, provisions made for 398 FOREST PARK, CITY OF Certain ad valorem taxation granted, proposed amendment to the Constitution 1694 FORESTRY COMMISSION, GEORGIA Participation in certain programs, etc., authorized 559

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FORESTS Certain Forestry Commission entrance authorized, etc. 426 State, management authorized, etc. 458 FORSYTH, CITY OF Charter amended, recorder, qualifications changed, etc. 3062 FORSYTH COUNTY Commission of public safety established, proposed amendment to the Constitution 1732 State court created 2114 Tax on businesses in incorporated areas authorized, etc., proposed amendment to the Constitution 1774 FRANKLIN, CITY OF Charter amended, employee selection provided, etc. 3754 FT. OGLETHORPE, TOWN OF Charter amended, mayor and aldermen, election provisions changed, etc. 2340 FULTON COUNTY Board of commissioners, districts changed, etc. 2128 Chief deputy clerk provided, etc. 2672 Criminal court, solicitor-general, salary fixed 2240 Homestead exemptions provided, certain, proposed amendment to the Constitution 1657 Retirement benefits, increases authorized, proposed amendment to the Constitution 1809 Retirement system, benefit provisions changed, etc. 3550 Retirement, certain, after 20 years' service 3837 Retirement, certain officers included in 3839 Superior court judge, additional, provided 341 Teachers and employees retirement system, dependent benefit formula changed 2776 Teachers and employees retirement system, prior school service redefined 2779 FUNERAL SERVICE CONTRACT ACT, PRE-NEED Amended 275 G GAME AND FISH Commercial Fishing Boats, etc., non-residents, fees 420

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Crabs, taking of, provisions made, etc. 1175 Shrimp, crab boat owners, commercial, certain bonds required 1173 Shrimp, crabs, seasons for commercial taking provided, etc. 1170 GARDEN CITY Charter amended, corporate limits changed 3154 GENERAL APPROPRIATIONS ACT Amended 1459 Enacted 1508 GENERAL ASSEMBLY Compensation laws, vote recording required 476 Members of, paid appearance before Pardon and Paroles Board prohibited 471 Senate, secretary of; House of Representatives, clerk, compensation, etc., provided 458 GEO. L. SMITH II GEORGIA WORLD CONGRESS CENTER ACT Enacted 174 GEORGIA AGRICULTURAL COMMODITIES PROMOTION ACT Amended, peanut stabilization fund established, etc. 564 GEORGIA BUREAU OF INVESTIGATION Created, etc. 109 GEORGIA CHARITABLE TRUST ACT Enacted 440 GEORGIA CIVIL DEFENSE ACT Amended 558 GEORGIA CODE OF PUBLIC TRANSPORTATION Act amended 1422 GEORGIA COMMISSION FOR NATIONAL BIOCENTENNIAL CELEBRATION ACT Amended, certain proceeds, retention authorized 430

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GEORGIA CONTROLLED SUBSTANCES ACT Enacted 221 GEORGIA COURT REPORTING ACT Enacted 345 GEORGIA CRIMINAL JUSTICE ACT Amended, attorneys, appointment, for indigents provided 1100 GEORGIA ELECTRICAL CONTRACTORS ACT Amended, certain license examinations changed, etc. 425 GEORGIA FIREARMS AND WEAPONS ACT Amended, shotgun defined, etc. 440 GEORGIA FOOD ACT Amended, honey labeling requirements provided, etc. 450 GEORGIA FORESTRY COMMISSION Forests, certain entrance authorized, etc. 426 Participation in certain programs, etc., authorized 559 GEORGIA HALL OF FAME COMMISSION Established 1636 GEORGIA HIGHER EDUCATION ASSISTANCE CORPORATION ACT Amended 1444 Amended, veterans priority provided, etc. 1118 GEORGIA HISTORICAL PLATES, OFFICIAL Designated 13 GEORGIA MEAT INSPECTION ACT Amended, rabbits included within 453 GEORGIA MOTOR VEHICLE ACCIDENT REPARATIONS ACT Enacted 113 GEORGIA PESTICIDE USE AND APPLICATION ACT Bond provisions changed, etc. 1189

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GEORGIA PORTS AUTHORITY ACT Amended, revenue bonds, maximum rate provisions removed, etc. 589 Certain land conveyance to authorized 1438 GEORGIA POST MORTEM EXAMINATION ACT Amended, fees changed 503 Amended, blood tests, use for analytical purposes authorized, etc. 561 GEORGIA PROPRIETARY SCHOOL ACT Amended, exemptions changed, etc. 1418 GEORGIA RESIDENTIAL FINANCE AGENCY ACT Enacted 975 GEORGIA SECURITIES ACT OF 1973 Amended 284 GEORGIA STATE FINANCING AND INVESTMENT COMMISSION ACT Amended 171 Amended, certain services reimbursements authorized, etc. 1213 GEORGIA STATE SPEECH PATHOLOGY AND AUDIOLOGY LICENSING ACT Enacted 1009 GEORGIA VETERINARY PRACTICE ACT Amended, powers of board defined, etc. 1441 GEORGIA WATER QUALITY CONTROL ACT Amended 599 GEORGIA WORLD CONGRESS CENTER ACT, GEO. L. SMITH II Enacted 174 GLASCOCK COUNTY Ordinary, salary supplemented 3567 Tax commissioner, salary changed 3565

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GLYNN COUNTY Sheriff's office, salary and personnel changes provided 3434 Superior court clerk, etc., salary changes, etc. 3569 Tax commissioner, salary changes, etc. 3336 GOLF COURSES Certain, authorized to sell malt beverages 587 GORDON COUNTY Commissioner provided, etc. 2522 Superior court, grand jury, certain charges provided 2805 Tax commissioners, salary changes, etc. 2917 GOVERNOR Policies and goals, annual report required 478 GRAND JURIES Special purpose, authorized (600,000 or more) 270 GRAYSON, CITY OF Charter amended, name of town changed, etc. 3090 GRIFFIN, CITY OF See also tabular indexMunicipalities, Home Rule Amendments GROWTH AND DEVELOPMENT ACT OF 1974, PLANNED Enacted 1215 GUARDIANS Mentally ill persons, procedure for appointment changed, etc. 472 GWINNETT COUNTY Board of commissioners, chairman permitted to hold certain other public office 3813 Business tax in incorporated areas authorized, etc., proposed amendment to the Constitution 1807 Homestead exemption, certain, authorized, proposed amendment to the Constitution 1796 Recorder's court, judge, salary changed, etc. 3780 Regulation of speed in incorporated areas authorized, etc., proposed amendment to the Constitution 1803

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Tax levy, water and sewerage, authorized, proposed amendment to the Constitution 1776 Water and sewerage authority act amended, etc. 3815 H HABERSHAM COUNTY Board of commissioners, salary changes 3320 Clerk of ordinary, salary changes 3462 State court, judge, solicitor, salaries changed, etc. 3254 Tax commissioner, salary fixed 3460 HALL COUNTY General Assembly authorized to prescribe laws for making tax levies, etc., proposed amendment to the Constitution 1735 Superior court, investigator provided, etc. 498 HALL OF FAME COMMISSION, GEORGIA Established 1636 HANCOCK COUNTY See tabular indexCounties and County MattersHome Rule Actions HAPEVILLE, CITY OF Charter amended, election provisions changed 3303 Charter amended, certain pension benefits increased 3535 Homestead exemption, certain, provided, proposed amendment to the Constitution 1686 HARALSON COUNTY County commissioner, salary changed 2141 Ordinary, salary changed, etc. 2145 Tax commissioner, clerical assistant, salary changed 2143 HARRIS, CECIL Compensation to authorized 3856 HARRIS COUNTY Deputy sheriffs, salaries fixed 3343 Superior court, district attorney, salary supplement, etc. 128 , 131

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HEALTH Alcoholics, treatment of provided, etc. 200 Insurance policies, certain definitions changed 436 Long-term health care facility act enacted 621 Maternal, renamed, etc. 269 HEALTH INSURANCE POLICIES Requirements changed 196 HEARD COUNTY Hospital authority, filling vacancies provided 2585 Judge, superior court, additional, authorized, etc. 334 HELT, MR. AND MRS. ROBERT Compensation authorized 3858 HENRY COUNTY Board of commissioners, new, provided 3680 Business licenses, certain authorized 3853 New board of commissioners provided 3680 Ordinary, salary changed 3248 Sheriff, salary changed 3057 Tax commissioner, salary changed 3059 HIAWASSEE, CITY OF New charter 3180 HIGHER EDUCATION ASSISTANCE AUTHORITY ACT, GEORGIA Amended, veterans priority provided, etc. 1118 HINSONTON WATER AUTHORITY ACT Enacted 2997 HISTORICAL PLATES, GEORGIA Designated 13 HISTORY MONTH, AMERICAN Designated 329 HOGANSVILLE, CITY OF Charter amended, corporate limits changed, referendum 2203

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HOME RULE ACT, MUNICIPAL Amended 195 HOMERVILLE, CITY OF Charter amended, registration of voters changed 3828 HOMESTEAD EXEMPTIONS Ad valorem taxation, certain income excluded for qualifying, proposed amendment to the Constitution 1648 Certain, provided 183 Certain income excluded for qualifying for, proposed amendment to the Constitution 1648 HONEY LABELING Requirements provided, etc. 450 HOSPITAL AUTHORITIES Obligations, issuance of certain, authorized 424 HOSPITAL AUTHORITY OF WAYNE COUNTY Conveyance of land to authorized 1231 HOUSE OF REPRESENTATIVES Apportionment act amended 16 Clerk, compensation, etc., provided 458 HOUSING Georgia residential finance agency act 975 HOUSTON COUNTY Handicapped citizens, grants for training provided, etc., proposed amendment to the Constitution 1728 I INCOME TAX Local, certain levy authorized, etc., referendum 506 INDUSTRIAL WASTE WATER TREATMENT SERVICES Certificate of authority provisions changed, etc. 464

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INSURANCE Counties, municipalities, authorized to provide 617 Credit Union deposit corporation authorized 545 Health insurance policies, requirements changed 196 Indemnity, political subdivisions and bodies authorized to purchase 702 Lending institutions prohibited from selling 1101 Motor vehicles, accident reparations act 113 Policies, health, certain definitions changed 436 State, hazard reserve, certain fund use authorized 530 INTERSTATE AGREEMENT ON DETAINERS ACT Amended 390 INTOXICATING LIQUORS Children, certain stadium employment, etc., authorized 460 Common carriers, certain, certain distribution authorized 615 Golf courses, certain, authorized to sell malt beverages 587 License provisions, certain changed 1125 Licensees, investigation of, procedures for 1034 Malt; excise tax provided, etc.; municipalities, counties 1447 Sale for consumption on premises authorized (6,530-6,600) 2488 J JACKSON, CITY OF Charter amended, employment of elected public officials authorized, etc. 2216 JACKSON COUNTY Department of public safety, certain police powers granted agents, proposed amendment to the Constitution 1689 JEFF DAVIS COUNTY Ordinary placed on salary, etc. 3792 Sheriff, salary changed 3803 Sheriff's personnel, salary changes made 2589 Superior court clerk, personnel of, salary changes 3508 Superior court clerk, salary changed, etc. 3105 JEFFERSONVILLE, CITY OF See also tabular indexMunicipalities, Home Rule Amendments

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JEFFERSON, CITY OF Charter amended, corporate boundaries corrected 3795 JENKINS COUNTY Board of commissioners, salary changes 3267 Deputy sheriffs, provisions relating to changed 3835 State court, judge, solicitor, salaries changed 3264 JESUP, CITY OF See also tabular indexMunicipalities, Home Rule Amendments JOINT CITYCOUNTY BOARD OF TAX ASSESSORS Arbitration method provided, etc. (300,000 or more) 3607 JOINT MUNICIPAL RETIREMENT SYSTEM ACT Amended, municipal authority employees included 699 JONES COUNTY Board of commissioners, new, created, etc. 2162 Small claims court created 2573 JURIES Certain expense allowance substituted, etc. 325 Commissioners, compensation of, increased, etc. 388 Governing authority to prescribe fees, etc. (600,000 or more) 557 Grand juries, investigative, authorized (400,000-600,000) 418 JUVENILE COURT CODE Amended, expenses of judge provided, etc. 1126 JUVENILE COURTS Adoption, parents voluntarily consenting to 389 K KAOLIN Payment authorized for certain production of aluminum ore from, authorized, proposed amendment to the Constitution 1671

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KNIVES Certain possession of, illegal 385 L LaGRANGE DOWNTOWN, DEVELOPMENT AUTHORITY Proposed amendment to the Constitution 1681 LAKE TOBESOFKEE Investigation of as State Park directed 1642 LAKELAND, CITY OF Charter amended, election provisions changed, etc. 2697 LIBRARIES County and regional, provisions changed, etc. 492 LICENSES Drivers, on application, forms to be furnished for gift of their bodies after death, etc. 1117 Drivers, suspension regulations changed, etc. 1182 Georgia state speech pathology and audiology licensing act 1009 Intoxicating liquors, certain provisions changed 1125 Intoxicating liquors, investigation of, procedures for 1034 Motorized carts, certain, license exemption provided 414 Used car dealers, requirements provided 1240 LILBURN, CITY OF Charter amended, election procedures changed, etc. 3432 LINCOLN COUNTY Board of commissioners, chairman, salary changed, etc. 3126 LINDSEY, M. O., MRS. Compensation to authorized 3861 LITTER CONTROL LAW Amended, penalty changed 454

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LIVESTOCK Registration of marks and brands provided, etc. 1003 Theft penalized, etc. 1006 LOEHLE, CRAIG Compensation to authorized 3864 LONG COUNTY Board of education, members' salaries changed, referendum 2878 Commissioners, salaries changed 2368 LONG-TERM HEALTH CARE FACILITY ACT Enacted 621 LOUISVILLE, CITY OF Charter amended, corporate limits changed 2519 Charter amended, election provisions changed 2785 LOWNDES COUNTY Consolidation with City of Valdosta authorized, proposed amendment to the Constitution 1715 Ordinary, fiscal year budget provided 3369 Sheriff, fiscal year budget provided, etc. 2869 Superior court clerk, fiscal year budget provided, etc. 2875 Tax commissioner, fiscal year budget provided, etc. 2871 Water and sewerage authority act 2678 LUMPKIN COUNTY Superior court, investigator provided, etc. 498 M McDUFFIE COUNTY Development authority, ad valorem tax levy provided, etc., proposed amendment to the Constitution 1683 McINTOSH COUNTY Sheriff, salary changed 3334 MACON-BIBB COUNTY Urban Development Authority Act, enacted 3093 Water and Sewerage Authority, amended 2031

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Water and Sewage Authority, amended, members terms extended, referendum 3074 Water and Sewerage Authority, property transfer to authorized, etc. 3129 MACON, CITY OF See also tabular indexMunicipalities, Home Rule Amendments Appropriation of money through Macon-Bibb County Urban Development Authority authorized, proposed amendment to the Constitution 1754 Charter amended, board of water commissioners abolished, referendum 2028 Charter amended, certain property transfer authorized, etc. 3129 Charter amended, legislative power vested, etc. 2051 MACON COUNTY Board of commissioners, salaries changed 3372 Motor vehicle registration fee, certain, authorized, proposed amendment to the Constitution 1684 MADISON, CITY OF Charter amended, election provisions changed 2182 MALT BEVERAGES Excise tax provided, etc.; municipalities, counties 1447 Golf courses, certain, authorized to sell 587 MANCHESTER, CITY OF Charter amended, corporate limits changed 2236 MANUFACTURER'S SAFETY WARRANTY ACT Amended, definition changed 8 MARIETTA, CITY OF Charter amended, corporate limits changed 3412 MARION COUNTY Superior court, district attorney, salary supplement, etc. 128 , 131 MARTIN, TOWN OF Charter amended, election provisions changed 2988

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MATERNAL HEALTH, COUNCIL ON Renamed, etc. 269 MEAT Certain deceptive advertising and sale of prohibited, etc. 1030 Notice of use of food extenders required, certain, etc. 1116 MEAT INSPECTION ACT, GEORGIA Amended, rabbits included within 453 MEDICAL EXAMINER Blood tests, analytical purposes authorized, etc. 561 Post mortem, fees changed 503 MERIWETHER COUNTY Board of commissioners, salaries changed, etc. 3671 Judge, superior court, additional, authorized, etc. 334 METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY ACT Amended 2608 Amended, sales tax exemption granted 2617 Amended, sales tax proceed use limited, certain 2627 Bus width, included within certain definition (256,000 or more) 2607 METROPOLITAN ATLANTA RAPID TRANSIT OVERVIEW COMMITTEE Membership changed, etc. 524 MILK Wholesale fluid, filing of prices provided, etc. 1042 MILLEDGEVILLE, CITY OF Lease of land to authorized 1244 MILLER COUNTY State court, act repealing act repealed 3171 State court, judge, salary changed 2064 MINIMUM FOUNDATION PROGRAM OF EDUCATION ACT Amended, exceptional children, requirements for teaching provided, etc. 1033

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Amended, school bus drivers, minimum salaries changed, etc. 431 MINTER, JAMES Compensation authorized 3867 MITCHELL COUNTY Board of commissioners, salaries changed 3013 MOBILE HOME ACT, UNIFORM STANDARDS CODE FOR Amended 491 MONROE COUNTY Sheriff placed on salary 3464 Small claims court created 3392 MONTEZUMA, CITY OF See also tabular indexMunicipalities, Home Rule Amendments Land conveyance to authorized 1638 MONTGOMERY COUNTY Sheriff's secretary, salary changed 3648 MONTICELLO CITY OF Charter amended, recorder provided, etc. 2315 MORTGAGES Foreclosure on personalty, provisions for 398 MOTOR FUEL TAX LAW Amended, certain exemptions provided, etc. 1446 MOTOR VEHICLE FRANCHISE PRACTICE ACT Enacted 134 MOTOR VEHICLES Accident reparations act 113 Carts, motorized, certain, license exemptions provided 414 Certain, tire covers required 433 Certificate of title act amended, non-negotiable copy eliminated 594

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Certificate of title act amended, replacement certificate authorized, etc. 593 Driver's license, suspension regulations changed, etc. 1182 Drivers prohibiting from wearing certain devices 1137 Franchise Practice act 134 License plate or revalidation sticker, replacement provided 397 Farm trailers, certain, exempted from certain requirements 422 Parade exemptions, certain, authorized 446 Registration, certain farm trailers, exemption changed 451 Rural mail carriers, authorized to use certain flashing lights 521 Speed limit changed 11 Traffic accidents, expressway system, duty to remove vehicles provided 969 Uniform rules of the road act 633 Used parts, registration act amended; sales tax certificate number required 392 Weight provisions, changed, etc. 1111 MOULTRIE, CITY OF Charter amended, election provisions, changed, etc. 3469 MULTI-STATE TRANSPORTATION CORRIDOR ADVISORY BOARD State's contribution to authorized 1457 MUNICIPAL HOME RULE ACT Amended 195 MUNICIPALITIES Ad valorem installment payments provided for, in certain counties (145,000-165,000) 3515 Certain grants authorized, etc. 273 Certain, planning department authorized to establish zoning review board (300,000 or more) 3847 Debt limitation provided, proposed amendment to the Constitution 1811 Elections, certain provisions conformed to election code 82 Elections, voter eligibility provisions changed, etc. 99 Golf courses, certain, authorized to sell malt beverages 586 Home Rule act amended 195 Housing code, demolitions under authorized (400,000 or more) proposed amendment to the Constitution 1663 Indemnity insurance, purchase authorized 702 Industrial waste water treatment services authorized 617

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Intoxicating liquors, sale for consumption on premises authorized (6,530-6,600) 2488 Joint retirement system act amended, municipal authority employees included 699 Local income tax, certain levy authorized, etc., referendum 506 Malt beverages; excise tax provided, etc. 1447 Office, act repealed authorizing state employees to hold (1,000 or less) 3639 Planning commissions, trial of violations in municipal court provided, etc. (300,000 or more) 1416 Retirement act amended (300,000 or more) 3540 Retirement system, board of trustees, composition changed, etc., certain 3546 Retirement systems, etc., requirements provided, etc. 1407 Revenue anticipation obligations, authority to change purposes of provided, proposed amendment to the Constitution 1666 Rezoning restrictions on annexed property, time provisions clarified, located in certain counties (18,000-18,250) 2061 Sheriffs authorized to contract with for services, etc. (600,000 or less) 542 State employees, holding office in, act repealed allowing (1,000 or less) 3639 Street curb construction, standards provided, etc. 514 Tax deferred compensation plan authorized 198 Traffic offenses, etc., alternative and additional punishment provided 631 Zoning and planning provisions, act repealed (300,000 or more) 3845 Zoning review board authorized (300,000 or more) 3847 MURRAY COUNTY Superior court judge, additional, provided, etc. 371 Superior court judge, law books authorized 1456 MUSCOGEE COUNTY Ad valorem tax exemption, certain, provided 2016 School district, certain ad valorem taxation exemption provided, proposed amendment to the Constitution 1676 , 1678 State court, second assistant solicitor provided, etc. 2062 Superior court, district attorney, salary supplement, etc. 128 , 131 N NASHVILLE, CITY OF Land conveyance to authorized 344

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NATIONAL BICENTENNIAL CELEBRATION ACT, GEORGIA COMMISSION FOR Amended, certain proceeds, retention authorized 430 NATURAL GAS Priority allocation for nitrogen production urged 9 NATURAL RESOURCES, DEPARTMENT OF Conservation rangers designated 1453 NATURAL RESOURCES ACT OF 1973 Amended, certain grants authorized, etc. 273 NEWNAN, CITY OF See also tabular indexMunicipalities, Home Rule Amendments Utility system, operating authority designated, proposed amendment to the Constitution 1700 NEWTON COUNTY Grand jury provisions changed, etc. 613 Superior court judge, salary supplemented 126 NITROGEN Natural gas, priority allocation for urged 9 NOISE CONTROL ACT OF 1974 Enacted 1185 NORCROSS, CITY OF Certain ad valorem taxation provided, proposed amendment to the Constitution 1691 NORTHEASTERN JUDICIAL CIRCUIT Investigator provided, etc. 498 NURSES, PRACTICAL, BOARD OF EXAMINERS OF Act amended 494 NURSES, REGISTERED, BOARD OF EXAMINERS OF Act amended, examination fees changed, etc. 496

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O OCILLA, CITY OF Charter amended, mayor, election qualifications changed, etc. 2302 OFFENDER REHABILITATION, DEPARTMENT OF Felons over 13 years old, sentencing provided 1455 OGLETHORPE COUNTY Development authority, members terms changed, etc. 3173 Superior court clerk placed on salary 3177 ORDINARIES Authorized to appoint clerks, etc. (23,450-23,550) 555 Salaries, minimum, fixed, etc. 455 ORDINARY, COURT OF Probate court, name changed to, proposed amendment to the Constitution 1646 P PALMETTO, CITY OF Homestead exemption, certain, provided, proposed amendment to the Constitution 1766 PARDON AND PAROLES BOARD Aged or disabled inmates, pardons, etc., authorized 474 General Assembly members, prohibited from paid appearances before 471 PARENT AND CHILD Abused children, reporting procedures, additional, provided, etc. 438 Adoption, parents voluntarily consenting to, juvenile court 389 PAUPERS Burial expenses increased, etc. (160,000-165,000) 616 PAVO, CITY OF Charter amended, election date changed 2799

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PEACE OFFICERS Annuity and benefit fund Act, option provisions changed, etc. 1204 Annuity and benefit fund act, amended, peace officer redefined 1201 Impersonation of solicitor, penalized 1221 Warrants for, issuance provided, etc. 1230 PEACE WARRANTS Bond and hearing provisions, changed, etc. 322 PEACOCK, WALTER H. Executor U/W of James Michael Flanagan, compensation authorized 3869 PEACHTREE-WHITEHALL, INC. Severance of certain land from lease authorized, etc. 1247 PEANUTS Stabilization fund established, etc. 564 PECAN PROCESSORS, ETC. License requirements, etc. 539 PESTICIDE USE AND APPLICATION ACT, GEORGIA Bond provisions changed, etc. 1189 PHARMACISTS Licenses, certain temporary authorized 535 PHYSICIANS Confidential communications, certain disclosures do not violate, etc. 595 Redefined, etc. 1156 PIERCE COUNTY Board of commissioners, salaries changed 2086 Sheriff, salary changed, etc. 2077 Superior court judge, additional provided, etc. 364 Tax collector placed on salary, etc. 2079 Tax receiver placed on salary 2082 PLANNED GROWTH AND DEVELOPMENT ACT OF 1974 Enacted 1215

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POLITICAL SUBDIVISIONS Debt limitation provided, proposed amendment to the Constitution 1811 Retirement systems, etc., requirements provided, etc. 1407 Revenue anticipation obligations, authority to change purposes of provided, proposed amendment to the Constitution 1666 Tax deferred compensation plan authorized 198 POLK COUNTY Sheriff, salary changed, etc. 2069 State court judge, salary changed 2067 POOLER, TOWN OF Charter amended, corporate limits changed 3809 PORTS AUTHORITY, GEORGIA Certain land conveyance to authorized 1438 POST MORTEN EXAMINATION ACT, GEORGIA Amended, fees changed 503 Blood tests, use for analytical purposes authorized, etc. 561 POWDER SPRINGS, CITY OF Charter amended, certain annexation authorized, etc. 3425 PRACTICAL NURSES ACT, BOARD OF EXAMINERS OF Act amended 494 PRACTICE AND PROCEDURE Evidence, confidential communications, certain disclosures do not violate 595 Motion to set aside judgment for lack of jurisdiction provided 1138 PRE-NEED FUNERAL SERVICE CONTRACT ACT Amended 275 PRINTING, STATE Costs, etc., procedure for showing, provided 1002 PRISONERS Appeals, certain transfers pending, authorized 479 Pardons authorized for aged or disabled inmates, etc. 474

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PRIVATE COLLEGES Grants to students attending, increased, etc. 487 PRIVATE EMPLOYMENT AGENCIES ACT Enacted 567 PROBATE COURT Name change from court of ordinary, etc., proposed amendment to the Constitution 1646 PROPERTIES CODE, STATE Amended, certain authority granted, etc. 1040 Amended, leases, existing, amendments to, defined, etc. 1035 PROPRIETARY SCHOOL ACT, GEORGIA Amended, exemptions changed, etc. 1418 PUBLIC AUTHORITIES, ETC. Certain grants to authorized, etc. 273 PUBLIC BODIES Indemnity insurance, purchase authorized 702 PUBLIC OFFICERS Vote recording required on passage of certain compensation laws 476 PUBLIC PROPERTY Utilities, certain use provided 320 PUBLIC SAFETY, DEPARTMENT OF Authorized to render certain police assistance to local authorized 447 Director of authorized to reimburse director of State crime laboratory for certain expenses, etc. 563 Driver's license examiners, salaries provided, etc. 1007 Salary changes 1122 Forms to be furnished driver license applicants for gift of their bodies after death, etc. 1117 PUBLIC SCHOOL EMPLOYEES' RETIREMENT SYSTEM ACT Amended 1242

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PUBLIC TRANSPORTATION, CODE OF Amended 1422 Amended, certain exemption for equipment provided 533 Amended, vehicle weights, provisions changed, etc. 1111 PUBLICATIONS, LEGAL Preservation of provided 383 PULASKI COUNTY Deputy sheriff, salary changed 3640 R RABBITS Included within meat inspection act 453 RABUN COUNTY Board of commissioners; supervisor of roads, salary limitation removed, etc. 2206 REAL ESTATE BROKERS AND SALESMEN ACT Amended 379 Amended, qualifications changed 375 Qualifications, certain, required 382 REAL PROPERTY Purchasers of, superior court clerks required to notify of homestead exemption (300,000-600,000) 516 REGISTERED NURSES, BOARD OF EXAMINERS OF Act amended, examination fees changed, etc. 496 REIDSVILLE AIRPORT AUTHORITY ACT Enacted 2731 REMERTON, CITY OF Charter amended, named changed, etc. 3664 RESIDENTIAL FINANCE AGENCY ACT, GEORGIA Enacted 975

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RETIREMENT Certain bills required to provide actuarial studies 1414 District Attorneys, emeritus act amended 1246 District attorneys, fund act amended 1180 Employees' retirement system, Warm Springs Foundation service credited 130 Firemen's pension fund act amended 377 Joint municipal retirement system act amended, municipal authority employees included 699 Local systems, etc., requirements provided, etc. 1407 Peace officers, option provisions changed, etc. 1204 Peace officers, redefined 1201 Public school employees' systems act, amended 1242 Sheriffs', options provided, etc. 1194 Sheriffs' retirement, benefit provisions changed, etc. 1191 State employees, age requirements, certain, changed 1177 State employees, certain requirements changed, etc. 1210 Systems, financed by State tax funds, pool of authorized for investment purposes 1178 Systems, requirements relative to political subdivisions provided 1407 Teachers, increased benefits authorized, proposed amendment to the Constitution 1652 Warm Springs Foundation employees, credit in employees retirement system provided 130 REVENUE Ad valorem tax installment payments, certain, authorized 972 Ad valorem taxes not past due when subject to review, etc. 2489 Agriculture, certain exemption of harvested products authorized, proposed amendment to the Constitution 1704 Corporation income for tax purposes clarified, etc. 406 Defrauding state, penalty provided 409 Homestead exemptions, certain provided 183 Homestead exemptions, certain income excluded for qualifying for, proposed amendment to the Constitution 1648 Intoxicating liquors, common carriers, certain, payment for certain distribution 615 Malt beverages; certain excise tax provided, etc. 1447 Metropolitan Atlanta rapid transit authority, certain sales tax exemption granted 2617 Motor Fuel Tax Law Amended, certain exemptions provided, etc. 1446 Net income taxation meaning, conformed to Internal Revenue Code 554 Sales tax, certain proceed use limited, Metropolitan Atlanta Rapid Transit Authority 2627

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Sales tax, delinquent dealers, bond requirements 407 Sales tax certificate number, required for dealers in used motor vehicle parts 392 Taxation, fair market value, uniform determination provided, etc. 1206 RICHMOND COUNTY Ad valorem tax exemption, certain, provided 2008 Advertising and promoting of county authorized, proposed amendment to the Constitution 1698 Board of commissioners, certain tax publication required 3826 Board of commissioners, clerk provided, etc. 3562 Board of commissioners, supply and material provisions changed 2774 Board of tax assessors, powers provided, etc. 3069 Certain exemption for manufacturing establishments provided, etc., proposed amendment to the Constitution 1709 Consolidated governments, voting requirements provided, proposed amendment to the Constitution 1814 Educational laws amended 2545 Employees, merit system council, duties provided, etc. 2332 Grand jury, terms at which required to submit list of accountants, changed 3034 Officers, certain, exempted from permanent tenure, etc. 2320 RINGGOLD, CITY OF Charter amended, corporate limits changed, etc. 2200 RIVERDALE, CITY OF Certain homestead exemption provided, proposed amendment to the Constitution 1718 Charter amended, election provisions clarified 3805 ROCHELLE, CITY OF Charter amended, disposal of certain property authorized 2702 ROCKMART, CITY OF Charter amended, corporate limits changed 3689 ROCKDALE COUNTY Deputy sheriffs, salaries changed, etc. 2057 Superior court judges, supplement provided 391 ROSSVILLE, CITY OF New charter 2819

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ROSWELL, CITY OF Charter amended, corporate limits changed 2230 RULES OF THE ROAD ACT, UNIFORM Enacted 633 RURAL MAIL CARRIERS Authorized to use certain flashing lights 521 S SAINT MARYS, CITY OF Charter amended, authority to deed certain closed streets granted 3374 SASSER, TOWN OF New charter 2895 SATURDAYS Common day of rest act, referendum 186 SAVANNAH BEACH, TYBEE ISLAND, CITY OF Charter amended, corporate limits changed, referendum 2305 SAVANNAH, CITY OF Charter amended, corporate limits changed, referendum 2088 Retirement benefits increased, board of education, proposed amendment to the Constitution 1692 SAVANNAH, DOWNTOWN AUTHORITY Created, proposed amendment to the Constitution 1739 SCHOLARSHIP COMMISSION ACT, STATE Amended, veterinary medicine included, etc. 461 SCREVEN COUNTY Officers and employees, retirement plan authorized 2818 Ordinary, salary changed 3341 SECURITIES ACT, GEORGIA Amended 284

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SEDITION AND SUBVERSIVE ACTIVITIES ACT Amended 411 SEMINOLE COUNTY Land conveyance to authorized 584 SENATE Secretary of, compensation, etc., provided 458 SENATORIAL DISTRICT ACT Amended, districts changed 1233 SENTENCES Imposition by judge authorized, etc. 352 Misdemeanor, certain, may be served on week-ends 361 Misdemeanor, traffic offenses, alternative and additional punishment provided 631 SEXTON, DAVE, MRS. Compensation to authorized 3860 SHELLMAN, TOWN OF Charter amended, recall elections provided, etc. 3015 SHERIFFS' RETIREMENT FUND ACT Benefit provisions changed, etc. 1191 Options provided, etc. 1194 SHILOH, CITY OF Charter amended, election provisions changed, etc. 2699 SHRIMP Bond, certain, required for commercial boat owners, etc. 1173 Commercial taking, seasons for, provided, etc. 1170 SMYRNA, CITY OF Charter amended, corporate limits changed, etc. 2436 SNELLVILLE, CITY OF See also tabular indexMunicipalities, Home Rule Amendments Certain homestead exemptions provided, proposed amendment to the Constitution 1726

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Charter amended, filling vacancies 2210 SPALDING COUNTY State court judge and solicitor, salary changed, etc. 2047 Sureties, certain relieved on certain bonds 3854 SPEECH PATHOLOGY AND AUDIOLOGY LICENSING ACT, GEORGIA STATE Enacted 1009 STATE BAR EXAMINATION Applicants qualifications changed 3 STATE COURTS Personnel provided, etc. (145,000-165,000) 2661 STATE CRIME LABORATORY Director, expense reimbursement provided, etc. 563 STATE DEPARTMENT OF TRANSPORTATION Dead animals on rights of way, disposal of 404 STATE EMPLOYEES Bonds for, procurement provided 504 Health Insurance Fund, investment provided 14 Holding municipal office, act repealed allowing (1,000 or less) 3639 Retirement, age requirements, certain, changed 1177 Retirement, accumulated leave constituted as creditable service 1451 Retirement, certain requirements changed, etc. 1210 Tax deferred compensation plan authorized 198 STATE FINANCING AND INVESTMENT COMMISSION ACT Amended 171 Amended, certain services reimbursements authorized, etc. 1213 STATE FORESTRY COMMISSION State lands, management authorized, etc. 458 STATE INSURANCE AND HAZARD RESERVE Certain funds, authorized use 530

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STATE PARKS Lake Tobesofkee, investigation of as State Park directed 1642 STATE PRINTING Costs, etc., procedure for showing, provided 1002 STATE PROPERTIES CODE Amended, certain authority granted, etc. 1040 Amended, leases, existing, amendments to, defined, etc. 1035 STATE SCHOLARSHIP COMMISSION ACT Amended, veterinary medicine included, etc. 461 STEPHENS COUNTY Board of commissioners, options provided, referendum 2037 Sheriff's deputies, provisions relating to changed 3646 STEWART COUNTY Commissioner's clerk, salary changed, etc. 3330 STOCKBRIDGE, CITY OF Charter amended, corporate limits changed 3782 STONE MOUNTAIN JUDICIAL CIRCUIT Superior court judges, supplement provided 391 SUGAR HILL, CITY OF Certain homestead exemptions provided, proposed amendment to the Constitution 1722 SUMTER COUNTY Judge, practice of law provisions changed, etc. 3039 Superior court clerk, etc., salaries of employees changed 3367 SUNDAYS Common day of rest act, referendum 186 SUPERIOR COURTS Clerk, certain preservation of legal publications provided 383 Clerks, required to notify real property purchasers of homestead exemption (300,000-600,000) 516 Clerks, retirement, benefits changed, etc. 1188 Clerks, retirement, certain military service credited 1183

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Court reporter, assistant, provided, etc. (45,000-52,000) 2644 Court reporter's notes, certain destruction provided 410 District attorneys, assistant, circuits having more than one judge, salaries changed 360 T TALBOT COUNTY Sheriff's office, expense provisions changed, etc. 3669 Superior court, district attorney, salary supplement, etc. 128 , 131 State court, judge, salary changed 2308 State court, solicitor, salary changed 3327 TATTNALL COUNTY State court, salary of judge changed 2308 State court, salary of solicitor changed 3327 TAX ASSESSMENT Fair market value, uniform determination provided, etc. 1206 TAX ASSESSORS, BOARD OF Counties, contents of required notice changed, etc. 609 TAX DEFERRED COMPENSATION PLAN Authorized, certain political subdivision employees 198 TAYLOR COUNTY Superior court, district attorney, salary supplement, etc. 128 , 131 TEACHERS Certain additional accumulative sick leave authorized, etc. 477 Retirement, amended, military service credit provided, etc. 1198 Retirement, applications, time of filing changed, etc. 1023 Retirement, creditable service, provisions changed, etc. 1141 Retirement, increased benefits authorized, proposed amendment to the Constitution 1652 Retirement, minimum retirement allowance provided, etc. 1139 Retirement, public school nurses included within definition 1179 TELFAIR COUNTY Maximum millage for school purposes fixed, proposed amendment to the Constitution 1816 TEMPLE, CITY OF Charter granted 3609

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TERRELL COUNTY Board of commissioners, office location changed 2890 Superior court clerk placed on salary, etc. 2891 TERRORISTIC ACT Defined 1022 THOMASTON, CITY OF Charter amended, election provisions changed 3786 THUNDERBOLT, TOWN OF New charter 3269 TIFTON, CITY OF Certain exemption from ad valorem taxation granted, proposed amendment to the Constitution 1680 TOBACCO Flue-cured leaf, conditions provided for sale, etc. 518 TOBESOFKEE LAKE Investigation of as State Park directed 1642 TOOMBS COUNTY Small claims court created 2149 TRANSPORTATION CORRIDOR ADVISORY BOARD, MULTI-STATE State's contribution to authorized 1457 TRANSPORTATION, STATE DEPARTMENT OF Dead animals on rights of way, disposal of 404 TROUP COUNTY Judge, superior court, additional, authorized, etc. 334 TRUSTS Unauthorized use of certain trust terms prohibited 463 TYRONE, TOWN OF Charter amended, corporate limits changed, referendum 3030

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U UNIFORM ACT REGULATING TRAFFIC ON THE HIGHWAYS Amended, blood tests, technicians, qualifications changed 562 Amended, certain farm trailer exemptions provided 422 Amended, motor vehicles, certain, tire covers required 433 Amended, parade exemptions, certain, authorized 446 Amended, traffic accidents, expressway system, duty to remove vehicles provided 969 Drivers prohibited from wearing certain devices 1137 UNIFORM RULES OF THE ROAD ACT Enacted 633 UNIFORM STANDARDS CODE FOR MOBILE HOMES ACT Amended 491 UNION CITY Charter amended, election day changed, etc. 3676 UNION COUNTY Land conveyance to United States, etc., authorized 1410 UNITED STATES GOVERNMENT Conveyance of land on Chattahoochee River to authorized 1235 Land conveyance in Union County authorized, etc. 1410 UPSON COUNTY Board of education, election of members provided, referendum 2023 USED CAR DEALERS Licenses, bonding requirements provided 1240 UTILITIES Public, certain use provided 320 V VALDOSTA, CITY OF Central development authority provided, proposed amendment to the Constitution 1711

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Charter amended, public transportation system authorized, etc. 2920 Consolidation with Lowndes County authorized, proposed amendment to the Constitution 1715 VETERINARIANS, ETC. Animal liens, certain, created, etc. 330 Included in State scholarship commission act 461 VETERINARY PRACTICE ACT, GEORGIA Amended, powers of board defined, etc. 1441 W WADLEY, CITY OF New charter 3576 WALKER COUNTY Commissioner, salary changed, etc. 2768 Ordinary, salary changed, etc. 2766 Sheriff, salary changed 3548 Superior court clerk, salary changed, etc. 2763 Tax commissioner, salary changed, etc. 3311 WALTHOURVILLE, CITY OF Charter granted 2704 WALTON COUNTY Grand jury provisions changed, etc. 613 Superior court judge, salary supplemented 124 WARE COUNTY Board of commissioners, chairman, salary changed 3120 Sheriff, salary changed, etc. 3113 State court, judge, solicitor, salaries changed 3118 State court, jury provisions changed 3109 Superior Court judge, additional provided, etc. 364 Tax commissioner, salary changed 3116 WARM SPRINGS FOUNDATION Former employees, credit in employees' retirement system allowed 130

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WARNER ROBINS, CITY OF Charter amended, corporate limits changed 2172 WARRANTY ACT, MANUFACTURER'S SAFETY Amended, definition changed 8 WARREN COUNTY Commissioner, salary changed, etc. 2094 Ordinary, salary changed 2097 Sheriff, automobile provided, etc. 2100 Superior court, clerical assistance of clerk, provisions changed 2103 WATER QUALITY CONTROL ACT, GEORGIA Amended 599 WAYCROSS, DOWNTOWN DEVELOPMENT AUTHORITY Established, proposed amendment to the Constitution 1764 WAYCROSS JUDICIAL CIRCUIT Judge, additional, provided, etc. 364 WAYNE COUNTY Board of commissioners, salary changes 3148 Hospital Authority, conveyance of land to authorized 1231 WEBSTER COUNTY Sheriff's office, personnel provisions changed 2338 Superior court clerk placed on salary, etc. 3139 WESTERN AND ATLANTIC RAILROAD COMMISSION Severance of certain land from lease authorized, etc. 1247 WHITE COUNTY Superior court, investigator provided, etc. 498 WHITEHEAD, AARON FRANKLIN Compensation to authorized 3865 WHITFIELD COUNTY Superior court judge, additional, provided, etc. 371 Superior court judge, law books authorized 1456

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WILKES COUNTY School superintendent, appointment by board of education provided, referendum 3510 Superior court, deputy clerk, salary changed 3064 WILKINSON COUNTY Ordinary, clerical assistants, salaries changed 2224 WILLS Administrators, executors, private sales by, authorized 1135 WINDER, CITY OF New charter 3219 , 3476 WORKMEN'S COMPENSATION ACT Amended, fellow employees excluded as third party tortfeasors, etc. 1143 WORLD CONGRESS CENTER ACT, GEORGIA, GEO. L. SMITH II Enacted 174 WORTH COUNTY Superior court clerk, salary changed, etc. 3694

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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 13,739 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 187,767 188,299 151,481 117,970 105,431 100,032 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 32,200 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 18,189 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 6,397 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 11,381 11,715 13,221 15,145 14,997 15,291 Terrell 11,416 12,742 14,314 16,675 18,290 19,601 Thomas 34,515 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 4,589,575 3,943,116 3,444,578 3,123,723 2,908,506 2,895,832

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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 Miller 6,397 Clinch 6,405 Candler 6,412 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 11,381 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 13,739 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 Emanuel 18,189 Burke 18,255 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 32,200 Coweta 32,310 Bartow 32,663 Laurens 32,738 Ware 33,525 Baldwin 34,240 Thomas 34,515 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 187,767 Cobb 196,793 DeKalb 415,387 Fulton 607,592 Total 4,589,575

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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 165 Pulaski 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 124 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 (Resigned 3-19-74) 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 (Resigned 3-19-74) 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 Bulding, 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. 165 Pulaski 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 124 State Capitol Bldg., Atlanta 30334 56 Moore, Tom 200 River North Dr., N.W., Atlanta 30328

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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

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GEORGIA HOUSE OF REPRESENTATIVES County House District 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 33 Howard St., S.E. Atlanta 30317 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 6338A, 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 Harvey, Willard Elliott The Executive Bldg. 125 Trinity Place, Decatur 30030 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 Hatcher, Charles 114-Post 4 P. O. Box 750 Albany 31702 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 1230 Healey Bldg., 57 Forsyth St., N.W., Atlanta 30303 Horton, William L. (Bill) 56-Post 3 Suite 485, 1 W. Court Sq. Bldg., Decatur 30030 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 Karrh, Randolph C. 91 West Moring St., Swainsboro 30401 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 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 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. 2, 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 Logan, Hugh 62-Post 1 1328 Prince Ave., Athens 30601 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, 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 232, 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. 24 208 Townsend Place, N.W., Atlanta 30327 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 208 Townsend Place, N.W., Atlanta 30327 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 33 Howard St., S.E., Atlanta 30317 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 1230 Healey Bldg., 57 Forsyth St., N.W., 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. The Executive Bldg., 125 Trinity Place, Decatur 30030 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 1 W. Court Sq. Bldg., Decatur 30030 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 Randolph C. Karrh West Moring St. 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 31702 114-Post 4 Charles Hatcher P.O. Box 750 Albany 31702 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 1973 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 1 62 1973 21 1 1 19 TOTALS 747 40 37 670

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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 Agn565 Gilmer 3103 City of Ellijay 6-1-53 For 69 Agn151 Gilmer 588 City of Ellijay 6- 1-53 For 69 Agn151 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 For1833 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 For1406 Agn 603 Crisp 2407 City of Cordele 10- 5-54 City vote: For202; Agn132 County vote: For 23; Agn252 Decatur 2197 City of West Bainbridge 1-11-54 For 200 Agn 527 DeKalb 2578 City of Decatur 10-21-54 For 466 Agn 827 Early 2282 City of Blakely 4-19-54 For 45 Agn 82 Elbert 2987 City of Elberton 3-23-54 For 958 Agn 248 Forsyth 2674 County indebtedness 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 For 1079 Agn 716 Clarke 3057 City of Athens/Clarke Countyschool systems 5- 4-55 For 1124 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 For 2733 Elbert 2117 City Court of Elberton 3- 7-56 For 4471 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 Agn270 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 4-East Moultrie Area: For 41; Agn147 [UNK] Area vote: Area 5-Tifton Highway Area: For 29; Agn107 [UNK] Area 6-Sylvester Drive Area: For 78; Agn144 [UNK] DeKalb 2932 City Court of Decatur 5-16-56 For 12,520 Agn 5,846 DeKalb (1 of 2) 3237 Multiple commission form of government 5-16-56 For 18,393 Agn 2,001 DeKalb (1 of 2) 3237 Commission Chairman 5-16-56 For:(a) 4,743 For:(b) 15,300 Fayette 2022 Tax Commissioner 2-25-56 For 292 Agn 37 Glascock 3507 Sheriffcompensation 3-14-56 For 498 Agn 227 Gwinnett 2502 Tax Commissioner 11- 6-56 For 3,383 Agn 1,641 Hall 3166 City of Lula 3-27-56 Belton vote: For64; Agn2 Lula vote: For35; Agn3 Houston 2510 City of Warner Robins 5- 8-56 For 215 Agn 30 Jackson 2887 City Court of Jefferson 9-12-56 For 972 Agn1556 Laurens 3267 City of Dublin Not held Miller 2799 Voting machines 9-12-56 For 231 Agn 580 Murray 3476 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 Griffin 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 For902 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

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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 For25 Agn53 Cook 3253 County Commissioners 5-8-57 For227 Agn364 Dougherty 2595 City of Albany 5-20-57 For325 Agn720 Douglas 2358 City of Douglasville 5-3-57 City vote: For50; Agn53 Affected area: For2; 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 For27 Agn4 Hancock 2341 City of Sparta Not held Henry 2121 County Commissioners 4-6-57 For784 Agn924 Miller 2194 County Commissioners 4-2-57 Majority vote for $5 per meeting Pickens 2332 Town of Jasper 4-17-57 City vote: For78; Agn12 Outside city vote: For15; Agn213 Pickens 2400 Town of Jasper 4-17-57 For75 Agn10 Polk 2185 City of Cedartown 5-8-57 For656 Agn934 Pulaski 3353 City of Hawkinsville 4-30-57 For115 Agn266 Spalding 2809 City of Griffin 4-30-57 For552 Agn317 Twiggs 3002 County Commissioners 5-22-57 For156 Agn174 Walker 2419 Town of Linwood 4-27-57 For71 Agn29 Wilkinson 2383 Town of McIntyre 5-25-57 For49 Agn18

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Georgia Laws, 1958: County Page No. SUBJECT Date of Election Result Bacon 3378 City of Alma 7-2-58 For206 Agn197 Baldwin 3302 County Commissioner 11-4-58 For932 Agn717 Barrow 2338 City of Winder 6-4-58 For131 Agn229 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 For173 Agn74 Chatham 2617 Town of Thunderbolt 1-20-59 For291 Agn115 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 are 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

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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 For 1041 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 Agn 827 Turner 2575 County Commissioners Not Held Union 2053 County Commissioners 3-17-59 For810 Agn1629

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Georgia Laws, 1960: County Page No. SUBJECT Date of Election Result Banks 3035 County Commissioners 9-14-60 For1197 Agn 767 Berrien 3301 City of Nashville 11- 8-60 For 466 Agn 418 Bibb 3223 Macon-Bibb County 6- 1-60 City vote: For4598; Agn4288 Outside City vote: For1902; Agn7368 Payne City vote: For 37; Agn 55 Chatham 2273 Town of Thunderbolt 1-17-61 For 151 Agn 283 Chattooga 2715 Town of Trion 5- 5-60 For 53 Agn 25 Clarke 2234 City of Athens 4-13-60 For276 Agn 522 Cobb 2127 City of Smyrna Election Results not known Coweta 3020 City of Newnan 4-30-60 For 320 Agn 146 Douglas Cobb 2118 City of Austell 3-26-60 For 27 Agn 38 Dodge 2608 Town of Rhine 4-27-60 For 146 Agn 4 DeKalb 3158 City of Decatur Election results Not Known Emanuel 2360 County Commissioners 11- 8-60 For 877 Agn2080 Evans 2251 City of Claxton 5- 5-60 Proposed Area: For 32; Agn 62 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 For 6 Agn 0 Fulton Clayton 2854 City of College Park 5-16-60 For 21 Agn 15 Greene 3089 Tax Commissioner 4-28-60 For 801 Agn 823 Greene 3093 Certain County Officerscompensation 4-28-60 For 822 Agn 835 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 Agn 959 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

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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 Troup 2650 City of West Point 4-26-61 For 143 Agn 224

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Georgia Laws, 1962: County Page No. SUBJECT Date of Election Result Bryan 2505 City of Richmond Hill 4- 4-62 For 153 Agn 119 Chatham 2707 Town of Pooler 4-26-62 For 110 Agn 114 Clarke 2677 City of Athens 5-23-62 For 643 Agn 521 Clarke 2751 City of Athens 4-25-62 For 1228 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: For 13; 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

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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 For 3254 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

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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 For 1868 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 For 1822 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 For 1685 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 For 1992 Agn1290 Tift 3069 Board of County Commissioners 5-13-64 For 2592 Agn 738 Walker 2014 Ordinarycompensation 2-18-64 For 4695 Agn 285 Walker 2018 Tax Commissioner 2-18-64 For 4673 Agn 251 Walker 2024 Clerk Superior Courtcompensation 2-18-64 For 4655 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 For 3817 Agn2807 Wilkinson 2314 Tax Commissioner 11- 3-64 For 933 Agn 863

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Georgia Laws 1964, Extra Session: County Page No. SUBJECT Date of Election 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

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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 For 1847 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 For 1384 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

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Georgia Laws, 1966: County Page No. SUBJECT Election Date of Result Appling 2754 Board of County Commissioners 11-8-66 For 728 Agn 479 Atkinson 2107 County Court of Atkinson County 11-8-66 For 1004 Agn 704 Bartow 2144 City of Adairsville 4-2-66 For 167 Agn 48 Bartow 2454 City of Adairsville 4-2-66 For 210 Agn 105 Bryan 2466 City Court of Pembroke 9-14-66 For 368 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 For 1459 Agn 3759 Habersham 2404 City of Cornelia 4-27-66 For 150 Agn 115 Habersham 2625 City of Cornelia 4-27-66 For 149 Agn 114 Habersham 3102 City of Cornelia 4-27-66 For 144 Agn 118 Habersham 3144 City of Cornelia 4-27-66 For 157 Agn 105 Hall 3305 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

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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

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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 For2,042 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 For2846 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 For 3,029 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

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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 Newman 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: For 12,508 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

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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 For57 Agn51 Bryan 3191 City of Richmond Hill 5-26-70 For84 Agn154 Bulloch 2790 County Board of Education 6-10-70 For903 Agn698 Calhoun 2361 Sheriff Personnel 4-23-70 For121 Agn120 Camden 3278 Tax Commissioner 11-3-70 For648 Agn476 Carroll 2856 City of Temple Election Results Not Known Carroll 3362 Town of Bowdon 5-20-70 For49 Agn114 Charlton 3270 County Board of Education 5-19-70 For293 Agn307 Charlton 3274 County Commissioners 5-19-70 For272 Agn328 Chatham 2018 Town of Thunderbolt 4-14-70 For306 Agn29 Chatham 2080 City of Savannah Beach-Tybee Island 4-6-70 For339 Agn205 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 Agn773 Colquitt 2582 County Board of Education 5-19-70 For1463 Agn595 Elbert 2321 County Treasurer 11-3-70 For1589 Agn1228 Emanuel 2150 County School Superintendent 4-7-70 For383 Agn1701 Emanuel 2153 County Board of Education 4-7-70 Proposal #11389 Proposal #2539 Proposal #3173 Gordon 2657 County Board of Education 9-9-70 For1798 Agn868 Habersham 3091 City of Cornelia 5-20-70 For166 Agn42 Habersham 3094 City of Cornelia 5-20-70 For121 Agn88 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 For520 Agn402 Meriwether 3039 City of Woodbury 5-12-70 Inside City: For83 Agn60 Outside City: For3 Agn32 Mitchell 2239 County Board of Education 6-16-70 For482 Agn156 Mitchell 2632 County School Superintendent 6-16-70 For287 Agn350 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 For 2117 Agn1510 Stephens 2643 Board of County Commissioners 5- 5-70 For 822 Agn1743 Stephens 2436 County Board of Education 5- 5-70 For 1136 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 For 807 Agn1113 Washington 3104 County Board of Education 6- 3-70 For 439 Agn 537

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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 Agn 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

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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 Election Results not known 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 Not held * * Ga. L. 1973, p. 2268 changed date of election. 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 For 114 Agn 159 Wilcox 2495 Appt. of County School Superintendent 5-10-72 For 177 Agn 1,042 Wilkinson 3312 Appt. of County School Superintendent 11- 7-72 For 348 Agn 901 Wilkinson 333 County Board of Education 11- 7-72 For 654 Agn 608

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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. 8-8-72 Date State Wide Primary Election. 11-7-72 Date General Election. End of Listing for: Georgia Laws 1973, Jan./Feb. Session.

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Georgia Laws 1973, January/February session: County Page No. SUBJECT Election Date of Result Appling 3569 County Board of Education-compensation 8-13-74 * * Date of State Wide Primary ElectionAugust 13, 1974. Appling 3677 City of Baxley 9-29-73 Yes 533 No 45 Brantley 3631 City of Nahunta Election Returns unknown Chatham 2268 Savannah-Chatham County government 6-12-73 Ga. L. 1973, p. 2268 changed date of the election as set out in Ga. L. 1972 p. 3019 Chatham County For3,157 Agn6,666 City of Savannah For12,039 Agn 4,090 Chatham 3693 City Savannah Beach 6- 2-73 Yes 21 No 29 Clarke 2356 City of Athens 5-31-73 For1,818 Agn1,591 Clarke 2367 City of Athens 5-31-73 For2,430 Agn1,057 Clarke 2387 City of Athens 5-31-73 For 648 Agn 682 Clarke 2467 Clarke County Commissioners 8-14-73 Yes1,809 No1,125 Clarke 3374 Clarke County Board of Education 8-13-74 * Cherokee 3207 County Board of Education 7-17-73 Yes 412 No 52 Cook 2300 Cook County Commissioners 5-22-73 For 758 Agn 735 Greene 3853 Greene County Board of Education 8-13-74 * Habersham 3809 Habersham County Board of Education 11- 6-73 For1,326 Agn1,465 Lowndes 3837 City of Twin Lakes 6-20-73 Yes 37 No 191 Marion 3827 County School Superintendent 11- 5-74 ** ** Date of General ElectionNovember 5, 1974. Miller 2776 State Court of Miller County # # This 1973 Act repealed by Georgia Laws 1974, p...... 11- 5-74 ** Montgomery 2550 Montgomery County Board of Education 6- 5-73 Yes 225 No 256 Pulaski 2573 Pulaski County Board of Education 5-15-73 Yes 808 No 191 Stewart 3152 City of Lumpkin 6-12-73 Yes 97 No 173 Sumter 2127 Sumter County Board of Education 4-24-73 Yes 322 No 228

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For any information regarding these ACTS and RESOLUTIONS please contact: BEN W. FORTSON, JR. Secretary of State