Acts and resolutions of the General Assembly of the state of Georgia 1975 [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 19750000 English

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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1975 19750000 Compiled and Published by Authority of The State

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Compiler's Note To speed publication, the Acts and Resolutions of the 1975 session, with the exception of the proposed amendments to the Constitution, were sent to the printer in the order in which they were released from the Governor's office. This made only a broad classification possible. General Acts and Resolutions were grouped in one volume beginning at page 1 and running through page 1664. The proposed amendments to the Constitution, were grouped together beginning at page 1666 of Volume One and are followed by a complete index. This volume is bound separately. The Acts and Proclamation of the Extraordinary Session of June 23, 1975 are grouped together beginning on page 1728 of Volume One. Local and Special Acts and Resolutions were grouped in one volume beginning on page 2503. 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 4752. These were filed in the office of the Secretary of State during 1974 and 1975. Home Rule Actions by Counties field in the office of Secretary of State during 1974 and 1975 are printed in Volume Two beginning on page 4732. Except for the index contained in Volume I, there are no intervening pages between 1887 and 2503. The index, which is published in full in each volume, covers material included in both volumes. It is in two parts: a broad tabular index which attempts to supply some of the advantages which might have been gained from a more detailed classification, which speed of publication made impossible, and this is followed by a regular alphabetical index.

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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1975 GEORGIA MOTOR VEHICLE ACCIDENT REPARATIONS ACT AMENDED. No. 1 (House Bill No. 16). An Act to amend an Act known as the Georgia Motor Vehicle Accident Reparations Act, approved February 28, 1974 (Ga. L. 1974, p. 113), so as to provide that all named insureds in existing motor vehicle liability policies who have not previously responded to an offer to accept or reject the optional coverages required to be offered by the Act shall be given an opportunity to accept or reject, in writing, the optional coverages required to be offered; to provide that the failure of an insured to notify his insurer of his written acceptance or rejection within 30 days after written notice of the offer has been mailed by the insurer to the address stated in the policy, shall constitute a rejection of the optional coverage; to provide that certain optional coverages need not be offered upon the renewal of any policy under certain circumstances;

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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 known as the Georgia Motor Vehicle Accident Reparations Act, approved February 28, 1974 (Ga. L. 1974, p. 113), is hereby amended by adding at the end of section 4 two new subsections to be designated as subsection (c) and subsection (d), to read as follows: (c) On and after the effective date of this Act, all named insureds in existing motor vehicle liability policies who have not previously responded to an offer to accept or reject the optional coverages required to be offered by this Act shall be given an opportunity to accept or reject, in writing, the optional coverages required to be offered under this Section. Provided, however, that the failure of an insured to notify his insurer of his written acceptance or rejection within 30 days after written notice of the offer has been mailed by the insurer postage prepaid, by first class mail to the address stated in the policy, shall constitute a rejection of the optional coverage. Optional coverages. (d) The optional coverage required to be offered under this Section need not be offered upon the renewal of any policy where the offer has been previously made by the same insurer and has been rejected in accordance with this Section unless the named insured requests such coverage in writing. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved January 23, 1975.

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APPROPRIATIONS, SUPPLEMENTALOFFENDER REHABILITATION DEPARTMENT, ETC. No. 2 (House Bill No. 2). An Act to provide for the Department of Offender Rehabilitation a supplementary appropriation for the remainder of the fiscal year ending June 30, 1975, in addition to any other appropriations heretofore or hereafter made for the operation of the Department and the purposes provided for herein; to confer certain responsibilities upon the Office of Planning and Budget; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Department of Offender Rehabilitation. There are hereby appropriated to the Department of Offender Rehabilitation for the remainder of the fiscal year ending June 30, 1975, in addition to any other appropriations heretofore or hereafter made for the operation of the Department and the purposes provided for herein, the following sums of money: A. Budget Unit: Correctional Institutions $ 1,083,631 1. Consolidated Branches Budget: Personal Services $ 105,000 Regular Operating Expenses $ 329,740 Travel $ 1,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 0 Equipment Purchases $ 150,000 Per Diem and Fees $ 5,000 Computer Charges $ 0 Capital Outlay $ 75,000 Total Funds Budgeted $ 665,740 State Funds Budgeted $ 665,740 Total Positions Budgeted 40 2. Georgia State Prison Budget: Personal Services $ 0 Regular Operating Expenses $ 335,400 Travel $ 0 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 0 Equipment Purchases $ 0 Per Diem and Fees $ 0 Computer Charges $ 0 Capital Outlay $ 0 Total Funds Budgeted $ 335,400 State Funds Budgeted $ 335,400 Total Positions Budgeted 0 3. Georgia Diagnostic and Classification Center Budget: Personal Services $ 0 Regular Operating Expenses $ 82,491 Travel $ 0 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 0 Equipment Purchases $ 0 Per Diem and Fees $ 0 Computer Charges $ 0 Capital Outlay $ 0 Total Funds Budgeted $ 82,491 State Funds Budgeted $ 82,491 Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services $ 105,000 Regular Operating Expenses $ 747,631 Travel $ 1,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 0 Equipment Purchases $ 150,000 Per Diem and Fees $ 5,000 Computer Charges $ 0 Capital Outlay $ 75,000

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The object classes applicable to this appropriation shall be in the amounts and for the purposes listed above. Provided, that of the above appropriation, $495,440 is designated and committed for the purpose of renovating, equipping, and operating the Kemper Building as a male correctional center.

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B. Budget Unit: Department of Corrections $ 1,207,300 1. Construction, Maintenance and Special Projects Budget: Personal Services $ 18,790 Regular Operating Expenses $ 37,510 Travel $ 5,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 0 Equipment Purchases $ 4,000 Per Diem and Fees $ 0 Computer Charges $ 0 Capital Outlay $ 1,112,000 Total Funds Budgeted $ 1,177,300 State Funds Budgeted $ 1,177,300 Total Positions Budgeted 3 2. General Administration and Support 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 $ 30,000 Capital Outlay $ 0 Total Funds Budgeted $ 30,000 State Funds Budgeted $ 30,000 Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services $ 18,790 Regular Operating Expenses $ 37,510 Travel $ 5,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 0 Equipment Purchases $ 4,000 Per Diem and Fees $ 0 Computer Charges $ 30,000 Capital Outlay $ 1,112,000

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Provided, that of the above appropriation, $600,000 is designated and committed for the purpose of constructing an additional dormitory at the new Georgia Women's Correctional Institution in Baldwin County. Provided, that of the above appropriation, $200,000 is designated and committed for the purpose of planning and land acquisition for a new correctional facility in Chatham County. Provided, that of the above appropriation, $172,000 is designated and committed for boiler replacement at Georgia Industrial Institute, condensate returns and boiler repairs at Georgia Diagnostic and Classification Center, and electrical renovations at Stone Mountain Correctional Institution. Provided, that of the above appropriation, $140,000 is designated and committed for the initial design work for the Glynco facility. Provided, that the above $140,000 for initial design work of the Glynco facility shall only be available for expenditure therefor after the Department of Corrections has received written assurance that said facility and real estate will be transferred and deeded to the State at no cost to the State. Provided, that the Department is hereby authorized to redirect the $2,331,446 unexpended balance of Georgia Building Authority (Penal) funds which were originally committed to construct the Atlanta Area Community Correctional facility, to build sufficient dormitories to house a total of 600 inmates each at the Columbus and Macon Correctional facilities and to off-set cost increases at the Macon Correctional facility. TOTAL SUPPLEMENTAL APPROPRIATION F.Y. 1974-75 $ 2,290,931 Section 2. The Office of Planning and Budget is hereby directed to economize wherever possible and in the event

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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. 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 January 24, 1975. EMPLOYMENT SECURITY LAW AMENDED. No. 3 (House Bill No. 28). An Act to amend an Act approved March 29, 1937, known as the Unemployment Compensation Law (Ga. L. 1937, pp. 806, et seq.), as amended, (now Employment Security Law), so as to decrease until December 31, 1976, the percent required for the national rate of insured unemployment affecting the on and off indicator in regard to extended benefits; to waive the 120% of average unemployment insurance rates as a factor in extended benefits until December 31, 1976; to provide for an alternate method of financing based on Federal law until December 31, 1976; 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 at the end of paragraph (3) of subsection (a) of section 3A a new unnumbered paragraph to read as follows:

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Effective with respect to benefits for weeks of unemployment beginning after December 31, 1974, and beginning before December 31, 1976, the determination of whether there has been a national `on' or `off' indicator beginning or ending any extended benefit period shall be made under the provisions of subsection (a) of this section as if the phrase `4.5 percent' contained in paragrah (2) and paragraph (3) thereof read `4 percent'. Section 2. Said Act is further amended by adding a new unnumbered paragraph after subparagraph (B) of paragraph (5) of subsection (a) of section 3A to read as follows: Effective with respect to benefits for weeks of unemployment beginning after December 31, 1974, and beginning before December 31, 1976, the determination of whether there has been a State `on' or `off' indicator beginning or ending any extended benefit period shall be made under this Section as if subsection (a) of this section did not contain paragraphs (4) (A) and (5) (A) thereof. Section 3. Said Act is further amended by amending subparagraph (A) of paragraph (2) of subsection (c) of section 7 by adding immediately prior to the last sentence therein the following sentence: Provided, further, that the provisions of Public Law 93-572 and any agreement entered into thereunder between the Commissioner and the Secretary of Labor shall be controlling., so that when so amended said subparagraph (A) of paragraph (2) of subsection (c) of section 7 shall read as follows: (A) The amount of benefits so chargeable against each base-period employer's account shall be that proportion of the benefits paid to an individual which the base-period wages paid to the individual by such employer bear to the total amount of base-period wages paid to the individual by all his base-period employers; Provided, that only fifty per centum of the `extended benefits' paid shall be so chargeable pursuant to `Title II PL 91-373'. Provided, further,

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that the provisions of Public Law 93-572 and any agreement entered into thereunder between the Commissioner and the Secretary of Labor shall be controlling. Charges pursuant to this Section of amounts less than $1.00 shall be disregarded. Section 4. Said Act is further amended by adding a new unnumbered paragraph immediately following the last sentence of paragraph (1) of subsection (c) of section 7A to read as follows: Notwithstanding the provisions of subsection (b) and (c) of this section, the provisions of Public Law 93-572 and any agreement entered into thereunder between the Commissioner of Labor and the Secretary of Labor shall be controlling as to reimbursement in lieu of contributions for payments of extended benefits pursuant to that law. 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 January 24, 1975. EMPLOYMENT SECURITY LAW AMENDEDBENEFITS INCREASED. No. 4 (House Bill No. 30). An Act to amend an Act approved March 29, 1937, known as the Unemployment Compensation Law (Ga. L. 1937, pp. 806, et seq.), as amended, (now Employment Security Law), so as to increase maximum weekly amounts; to establish a new statewide reserve ratio table for application to employer tax rates; to reconcile conflicts in subsections pertaining to reimbursement by nonprofit organizations; to expand a caption relating to security deposits of

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reimbursable employers; to provide a further definition of most recent employer; to provide for severability; to provide for effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. 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 July 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, 1975, twenty (20) additional steps effective with benefit years beginning July 1, 1975, increasing the weekly benefit amount to a maximum of ninety dollars ($90.00), with the Benefit Table remaining the same except for the last step and the twenty additional steps which shall then read: COLUMN A COLUMN B COLUMN C $1,725.001,749.99 $70 $2,520 1,750.001,774.99 71 2,556 1,775.001,799.99 72 2,592 1,800.001,824.99 73 2,628 1,825.001,849.99 74 2,664 1,850.001,874.99 75 2,700 1,875.001,899.99 76 2,736 1,900.001,924.99 77 2,772 1,925.001,949.99 78 2,808 1,950.001,974.99 79 2,844 1,975.001,999.99 80 2,880 2,000.002,024.99 81 2,916 2,025.002,049.99 82 2,952 2,050.002,074.99 83 2,988 2,075.002,099.99 84 3,024 2,100.002,124.99 85 3,060 2,125.002,149.99 86 3,096 2,150.002,174.99 87 3,132 2,175.002,199.99 88 3,168 2,200.002,224.99 89 3,204 2,225.00and over 90 3,240

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so that when so amended, paragraph (1) of subsection (b) of section 3 shall read as follows: (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 1,000.001,024.99 41 1,476 1,025.001,049.99 42 1,512 1,050.001,074.99 43 1,548 1,075.001,099.99 44 1,584 1,100.001,124.99 45 1,620 1,125.001,149.99 46 1,656 1,150.001,174.99 47 1,692 1,175.001,199.99 48 1,728 1,200.001,224.99 49 1,764 1,225.001,249.99 50 1,800 1,250.001,274.99 51 1,836 1,275.001,299.99 52 1,872 1,300.001,324.99 53 1,908 1,325.001,349.99 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

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Table remaining the same except for the last step and the five additional steps which shall then read: COLUMN A COLUMN B COLUMN C $ 1,350.001,374.99 $ 55 $ 1,980 1,375.001,399.99 56 2,016 1,400.001,424.99 57 2,052 1,425.001,449.99 58 2,088 1,450.001,474.99 59 2,124 1,475.00 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 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 $ 1,475.001,499.99 $ 60 $ 2,160 1,500.001,524.99 61 2,196 1,525.001,549.99 62 2,232 1,550.001,574.99 63 2,268 1,575.001,599.99 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 $ 1,600.001,624.99 $ 65 $ 2,340 1,625.001,649.99 66 2,376 1,650.001,674.99 67 2,412 1,675.001,699.99 68 2,448 1,700.001,724.99 69 2,484 1,725.00 and over 70 2,520

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Provided, further, there shall be added to the foregoing Benefit Table, as amended, to be effective July 1, 1975, twenty (20) additional steps effective with benefit years beginning July 1, 1975, increasing the weekly benefit amount to a maximum of ninety dollars ($90.00), with the Benefit Table remaining the same except for the last step and the twenty additional steps which shall then read: COLUMN A COLUMN B COLUMN C $ 1,725.001,749.99 $ 70 $ 2,520 1,750.001,774.99 71 2,556 1,775.001,799.99 72 2,592 1,800.001,824.99 73 2,628 1,825.001,849.99 74 2,664 1,850.001,874.99 75 2,700 1,875.001,899.99 76 2,736 1,900.001,924.99 77 2,772 1,925.001,949.99 78 2,808 1,950.001,974.99 79 2,844 1,975.001,999.99 80 2,880 2,000.002,024.99 81 2,916 2,025.002,049.99 82 2,952 2,050.002,074.99 83 2,988 2,075.002,099.99 84 3,024 2,100.002,124.99 85 3,060 2,125.002,149.99 86 3,096 2,150.002,174.99 87 3,132 2,175.002,199.99 88 3,168 2,200.002,224.99 89 3,204 2,225.00and over 90 3,240 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 paragraph (8) of subsection (c) of section 7 in its entirety and inserting in lieu thereof a new paragraph (8) of subsection (c) of section 7 to read as follows:

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(8) Effective with the year 1974, a Statewide Reserve Ratio shall be computed as of June 30 of each year. Such Statewide Reserve Ratio shall be computed by dividing the balance in the Reserve Fund including accrued interest as of June 30 of each year, by the total covered wages (as defined in this Act) paid in the State for the twelve-month period, ending on December 31, of the previous 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 Statewide Reserve Ratio. Reserve Ratio. When the Statewide Reserve Ratio, as computed above, is 4.4 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 2.16 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: It the Statewide Reserve Ratio: Equals or exceeds but is less than overall reduction 4.4 percent 4.5 percent 10 percent 4.5 percent 4.6 percent 20 percent 4.6 percent 4.7 percent 30 percent 4.7 percent 4.8 percent 40 percent 4.8 percent 4.9 percent 50 percent 4.9 percent 5.0 percent 60 percent 5.0 percent and over 70 percent When the Statewide Reserve Ratio, as calculated above is less than 4.0 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.

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Code as amended by this Act) in accordance with the following table: If the Statewide Reserve Ratio: Equals or exceeds but is less than overall increase 3.8 percent 4.0 percent 10 percent 3.6 percent 3.8 percent 20 percent 3.4 percent 3.6 percent 30 percent 3.2 percent 3.4 percent 40 percent 3.0 percent 3.2 percent 50 percent 2.8 percent 3.0 percent 60 percent Under 2.8 percent 70 percent Provided, however, that such overall increase for any year shall not result in any employer whose contribution rate is 2.16 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 greater than 2.16 percent, 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 3. Said Act is further amended by amending subsection (b) of section 7A by striking between the words, individuals and during, only the words reading: For weeks of unemployment which began,, and by striking paragraph (4) of subsection (b) of section 7A in its entirety and inserting in lieu thereof the following: (4) Any hospital or institution of higher education or nonprofit organization which has been paying contributions under this Act for a period subsequent to January 1, 1972, for a period of at least two full calendar years, may change to a reimbursable basis by filing with the Commissioner not later than thirty days prior to the beginning of the next calendar year a written notice of election to become

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liable for payments in lieu of contributions. Such election shall not be terminable by the organization for the next two calendar years., so that when so amended subsection (b) of section 7A shall read as follows: (b) Reimbursement in lieu of contributions.Hospitals and institutions of higher education operated by the State or an instrumentality thereof, or a nonprofit organization, which, pursuant to section 19 of this Act, is, or becomes, subject to this Act on or after January 1, 1972, shall pay contributions under the provisions of section 7 of this Act, unless it elects to make payments in lieu of contributions, in accordance with this subsection. Hospitals or institutions of higher education operated by the State or an instrumentality thereof, or nonprofit organizations, which so elect, and hospitals or institutions of higher education operated by a political subdivision or an instrumentality thereof which elects coverage pursuant to subsection (d) of section 8 of this Act, shall pay to the Commissioner for the unemployment fund an amount equal to the full amount of regular benefits plus one-half of the amount of extended benefits paid, that is attributable to service in the employ of such hospital or institution of higher education or nonprofit organization, to individuals during the effective period of such election or with respect to political subdivisions, the effective period of their subjectivity. (1) Any hospital or institution of higher education, or nonprofit organization, having the right to elect reimbursement, which is, or becomes, subject to this Act on January 1, 1972, may elect to become liable for payments in lieu of contributions for a period of not less than two full calendar years beginning with January 1, 1972, provided it files with the Commissioner a written notice of its election within the thirty-day period immediately following such date or within a like period immediately following the date of enactment of this paragraph, whichever occurs later. (2) Any hospital or institution of higher education or nonprofit organization, having the right to elect reimbursement,

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which becomes subject to this Act after January 1, 1972, may elect to become liable for payments in lieu of contributions by filing a written notice of its election with the Commissioner not later than thirty days immediately following the date of the determination of such subjectivity. Such election shall consist of that period remaining in the calendar year in which the election is made and for not less than the two full ensuing calendar years. (3) Any hospital or institution of higher education or nonprofit organization which makes an election in accordance with paragraph (1) or paragraph (2) of this subsection will continue to be liable for payments in lieu of contributions until it files with the Commissioner a written notice terminating its election not later than thirty days prior to the beginning of the calendar year for which such termination shall first be effective. (4) Any hospital or institution of higher education or nonprofit organization which has been paying contributions under this Act for a period subsequent to January 1, 1972, for a period of at least two full calendar years, may change to a reimbursable basis by filing with the Commissioner not later than thirty days prior to the beginning of the next calendar year a written notice of election to become liable for payments in lieu of contributions. Such election shall not be terminable by the organization for the next two calendar years. (5) The Commissioner may for good cause extend the period within which a notice of election, or a notice of termination, must be filed and may permit an election to be retroactive but not any earlier than with respect to benefits paid after December 31, 1969. (6) The Commissioner, in accordance with such regulations as he may prescribe, shall notify each hospital or institution of higher education or nonprofit organization of any determination which he may make of its status as an employer and of the effective date of any election which it makes and of any termination of such election. Such determination shall be subject to reconsideration, appeal and

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review in accordance with the provisions of subsection (b) of section 11 of this Act. Section 4. Said Act is further amended to add a new paragraph (4) after paragraph (3) of subsection (x) of section 19 to read as follows: (4) For whom one last worked and was separated under non-disqualifying conditions and who has earned no less than $500 or eight times the weekly benefit amount of his claim (whichever amount is less). Section 5. Said Act is further amended by amending subsection (d) of section 7A by striking only those words in the caption reading: Provision of Cash Deposit., and inserting in lieu thereof caption words to read as follows: Provision of Reimbursable Security Deposits.. 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, subsections, sentences, clauses, or phrases so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Asembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval, except for section 1 which becomes effective upon July 1, 1975, the effective date specified therein. Effective date. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Approved January 24, 1975.

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INSURANCERIOT REINSURANCE REIMBURSEMENT FUND PROVIDED, ETC. No. 5 (House Bill No. 18). An Act relating to reenactment and reestablishment of a FAIR Plan to make essential property insurance available to all qualified applicants; to provide for an underwriting association of property insurers; to enable insurers to become eligible for federal reinsurance; to provide for a Riot Reinsurance Reimbursement Fund; to provide generally for the operation of such plan, the association and the Fund, and conferring certain powers on the Commissioner of Insurance; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Organization of FAIR Plan and Underwriting Association. All insurers licensed to write and writing property insurance in this State on a direct basis are authorized, subject to approval and regulation by the Commissioner of Insurance, to establish and maintain a FAIR (Fair Access to Insurance Requirements) Plan and to establish and maintain an Underwriting Association and to formulate and from time to time amend the Plan and Articles of Association and rules and regulations in connection therewith and to assess and share on a fair and equitable basis all expenses, income and losses incident to such FAIR Plan and Underwriting Association in a manner consistent with the provisions of this Act and in conformity with the Urban Property Protection and Reinsurance Act of 1968 (Title XI of Housing and Urban Development Act of 1968, Public Law 90-448, 90th Congress, August 1, 1968). Section 2. Participation. Each insurer authorized to write and writing property insurance in this State shall be required to become and remain a member of the Plan and the Underwriting Association and comply with the requirements thereof as a condition of its authority to transact property insurance business.

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(a) Each Insurer shall participate in the writings, expenses, profits and losses of the Association in the following manner: (1) for Habitational risks, the same proportion as its Habitational Premiums Written bear to the aggregate Habitational Premiums Written by all Insurers in the Program; (2) for Commercial risks, the same proportion as its Commercial Premiums Written bear to the aggregate Commercial Premiums Written by all Insurers in the Program. Section 3. Requirements of Plan and authority of Association. The FAIR Plan and Articles of Association shall make provision for an Underwriting Association having authority on behalf of its members to cause to be issued property insurance policies, to reinsure in whole or in part any such policies, and to cede any such reinsurance. The Plan and Articles of Association shall provide, among other things, for the perils to be covered, geographical area of coverage, compensation and commissions, assessments of members, the sharing of expenses, income and losses on an equitable basis, cumulative weighted voting for the Board of Directors of the Association, the administration of the Plan and Association, and any other matter necessary or convenient for the purpose of assuring fair access to insurance requirements, provided the same permits each member insurer thereof to qualify for Federal reinsurance under the Urban Property Protection and Reinsurance Act of 1968. Section 4. Authority of Commissioner. (a) Within ninety days following the effective date of this Act, the directors of the Association shall submit to the Commissioner of Insurance, for his review, a proposed FAIR Plan and Articles of Association consistent with the provisions of this Act. (b) The FAIR Plan and Articles of Association shall be subject to approval by the Commissioner and shall take effect ten days after having been approved by him. If the Commissioner disapproves all or any part of the proposed

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Plan and Articles, the directors of the Association shall within thirty days submit for review an appropriately revised Plan and Articles, and, if the directors fail to do so, the Commissioner shall thereafter promulgate such Plan and Articles consistent with the provisions of this Act. (c) The directors of the Association may, on their own initiative or at the request of the Commissioner, amend the Plan and Articles, subject to approval by the Commissioner. Section 5. Appeals-judicial review. Any person aggrieved by any action or decision of the administrators of the Plan, the Underwriting Association, or of any insurer as a result of its participation therein, may appeal to the Commissioner of Insurance within 30 days from the date of action or the decision. The Commissioner of Insurance shall, after hearing held upon proper notice, issue an order approving the action or decision or disapproving the action or decision with respect to the matter which is the subject of appeal. All final orders and decisions of the Commissioner of Insurance shall be subject to judicial review. Section 6. Inspections and statements. There shall be no liability on the part of, and no cause of action of any nature shall arise against insurers, any inspection bureau, placement facility, or underwriting association, or their directors, agents or employees, or the Commissioner of Insurance or his authorized representatives, for any inspections undertaken or statements made by any of them concerning the property to be insured, and any reports and communications in connection therewith shall not be considered public documents. Section 7. Riot Reinsurance Reimbursement Fund. (a) A fund designated Riot Reinsurance Reimbursement Fund is hereby established in an amount of $1,000.00, to be set apart and maintained for the Commissioner of Insurance from taxes and fees imposed upon and collected from insurers, which Fund shall be held by the fiscal division of the Department of Administrative Services for the payment of amounts necessary to reimburse the Secretary of the Department of Housing and Urban Development under the

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provisions of Section 1223 (a) (1) of the Urban Property Protection and Reinsurance Act of 1968 for losses reinsured by the Secretary of the Department of Housing and Urban Development and occurring in this State on or after August 1, 1968. Payments from the Riot Reinsurance Fund shall be made by the fiscal division of the Department of Administrative Services only after receipt by it of a statement requesting reimbursement from the Secretary of the Department of Housing and Urban Development and upon certification promptly made by the Commissioner of Insurance of the correctness of the amount thereof. Provided that the total amount of reimbursement in any one year shall not, in the aggregate, exceed five (5) percent of the aggregate property insurance premiums earned in this State during the preceding calendar year on those lines of insurance reinsured by the Secretary of the Department of Housing and Urban Development in this State during the current year. (b) If such Fund as established by subsection (a) of this section is diminished or depleted by such payments, the Commissioner of Insurance shall annually assess insurers authorized to do business in this State in amounts sufficient to pay any unpaid reimbursement to the Secretary of the Department of Housing and Urban Development and to restore the Fund to its original balance. Provided that the amount assessed each insurer shall be in the same proportion that the premiums earned by each such insurer in this State bear to the aggregate premiums earned in this State by all insurance companies on those lines for which reinsurance was available in this State from the Secretary of the Department of Housing and Urban Development during the preceding calendar year. Section 8. Assessment-inability to pay. In the event any insurer fails, by reason of insolvency, to pay any assessment as provided herein, the amount assessed each insurer, as computed under section 7 (b) shall be immediately recalculated excluding therefrom the insolvent insurer so that its assessment is, in effect, assumed and redistributed among the remaining insurers.

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Section 9. Deposit of assessments. All moneys received by the Commissioner of Insurance as a result of the assessments required by this Act shall be deposited in the Riot Reinsurance Reimbursement Fund for amounts payable, if any, to the Secretary of the Department of Housing and Urban Development in the manner provided under section 7 of this Act. Section 10. Termination-outstanding obligations. This Act shall no longer be of any force or effect after December 31, 1975, or after the expiration of the Urban Property Protection and Reinsurance Act of 1968, as amended, or any reenactment of the same, whichever shall last occur, except that obligations incurred by the Association to be established pursuant to the provision of this Act shall not be impaired by the expiration of this Act and such Association shall be continued for the purpose of performing such obligations. Section 11. Recoupment by insurers. In conformity with the provisions of Chapter 56-5 of the Code of Georgia, insurers may make reasonable rate modifications for fire and extended coverage and such other classes of basic property insurance as are reinsured by the Secretary of Housing and Urban Development in order to afford recovery of such amounts as may be assessed, if any, together with expenses of collection. Section 12. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 13. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 14, 1975.

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EMINENT DOMAINCOMPENSATION OF SPECIAL MASTER CHANGED. No. 6 (House Bill No. 47). An Act to amend an Act providing an additional method for the exercise of the power of eminent domain before a special master, approved March 13, 1957 (Ga. L. 1957, p. 387), as amended, so as to change the compensation of the special master; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing an additional method for the exercise of the power of eminent domain before a special master, approved March 13, 1957 (Ga. L. 1957, p. 387), as amended, is hereby amended by striking from section 9 the following: and not to exceed the sum of $50.00 per day, and substituting in lieu thereof the following: and shall not be less than $50.00 per day nor more than $250.00 per day, so that when so amended, section 9 shall read as follows: Section 9. The compensation of the special master shall be provided for by a proper order of the judge of the Superior Court, shall be included and made a part of the judgment of the court, based on the award of the special master, condemning the property sought to be taken, or any easement or other interest therein, shall be paid by the condemning body, and shall not be less than $50.00 per day nor more than $250.00 per day for the time actually devoted to the hearing and consideration of such matter by such special master. As a part of the foregoing, the judge may allow the special master a reasonable period of time for personal inspection of the property and any actual expenses incurred by the special master in connection therewith, but, in this

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event, the special master shall file an affidavit with the court showing and itemizing such time and such expenses. Compensation. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Section 3. This Act shall become effective on its approval by the Governor or upon its becoming law without his approval and shall apply to any proceedings then pending or thereafter instituted in the courts of this State. Effective date. Approved February 19, 1975. MUNICIPAL HOME RULE ACT AMENDEDCERTAIN COMPENSATION PROVISIONS CHANGED. No. 12 (House Bill No. 48). An Act to amend an Act known as The Municipal Home Rule Act of 1965, approved March 26, 1965 (Ga. L. 1965, p. 298), as amended, particularly by an Act approved April 13, 1973 (Ga. L. 1973, p. 778) and by an Act approved March 16, 1974 (Ga. L. 1974, p. 195), so as to change the provisions relative to fixing the compensation of elective members of municipal governing authorities; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as The Municipal Home Rule Act of 1965, approved March 26, 1965 (Ga. L. 1965, p. 298), as amended, particularly by an Act approved April 13, 1973 (Ga. L. 1973, p. 778) and by an Act approved March 16, 1974 (Ga. L. 1974, p. 195), is hereby amended by striking section 5 in its entirety and substituting in lieu thereof a new section 5 to read as follows: Section 5. The governing authority of each incorporated municipality is hereby authorized to fix the salary, compensation and expenses of its municipal employees and

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members of its municipal governing authority and to provide insurance, retirement and pension benefits, coverage under Federal Old Age and Survivor's Insurance programs, hospitalization benefits, and workmen's compensation benefits, for its employees, their dependents and survivors, provided that any action to increase the compensation of the elective members of the municipal governing authority shall be subject to the following conditions and requirements: (a) Any such increase in compensation shall not be effective until after the taking of office of those elected at the next regular municipal election which is held immediately following the date on which the action to increase such compensation was taken, and (b) Action to increase such compensation shall not be taken during the period of time beginning with the date that candidates for election to membership on the municipal governing authority may first qualify as such candidates and ending with the date members of the municipal governing authority take office following their election, and (c) Action to increase such compensation shall not be taken until notice of intent to do so has been published in a newspaper of general circulation in such municipality at least once a week for three consecutive weeks immediately preceding the week during which such action is taken. Section 2. All laws and parts of law in conflict with this Act are hereby repealed. Approved February 21, 1975. PUBLIC UTILITIESLAW RELATING TO CERTAIN USE REPEALED. Code 91-1126 repealed. No. 13 (House Bill No. 181). An Act to repeal Code section 91-1126, relating to the use of certain publicly owned utilities; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. Code section 91-1126, relating to the use of certain publicly owned utilities, which reads 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. (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: Code 91-1126 repealed. (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 [Illegible Text].

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(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. is hereby repealed in its entirety. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 21, 1975. METROPOLITAN ATLANTA RAPID TRANSIT OVERVIEW COMMITTEETERMS OF CHAIRMAN PROVIDED, ETC. No. 1 (House Resolution No. 39-184). A Resolution. To amend a Resolution creating the Metropolitan Atlanta Rapid Transit Overview Committee, approved March 16, 1973 (Ga. L. 1973, p. 70), as amended by a Resolution approved March 21, 1974 (Ga. L. 1974, p. 524), so as to provide terms of the appointed members of the Committee; to provide for the appointment and terms of the chairman and the vice chairman of the Committee; to provide for filling vacancies; to remove the Legislative Counsel as an ex officio member of the Committee; to provide for the expiration of the terms of appointed members and officers of the Committee in office immediately prior to the effective date of this Resolution; to provide for the terms of the appointed members, the chairman and the vice chairman appointed during the regular 1975 Session of the General Assembly; to change the provision for the repeal of said Resolution on a certain date; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. A Resolution creating the Metropolitan Atlanta Rapid Transit Overview Committee, approved March

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16, 1973 (Ga. L. 1973, p. 70), as amended by a Resolution approved March 21, 1974 (Ga. L. 1974, p. 524), is hereby amended by striking in section 1 the following: 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., and substituting in lieu thereof the following: The appointed members of the Committee shall serve two-year terms concurrent with their terms as members of the General Assembly. The chairman of the Committee shall be appointed by the Speaker of the House from the membership of the Committee, and the vice chairman of the Committee shall be appointed by the President of the Senate from the membership of the Committee. The chairman and vice chairman shall serve terms of two years concurrent with their terms as members of the General Assembly. Vacancies in an appointed member's position or in the offices of chairman or vice chairman of the Committee shall be filled for the unexpired term in the same manner as the original appointment., so that when so amended, section 1 shall read as follows: 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; a member of the Senate Banking, Finance and Insurance Committee to be selected by the President 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; 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

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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 appointed members of the Committee shall serve two-year terms concurrent with their terms as members of the General Assembly. The chairman of the Committee shall be appointed by the Speaker of the House from the membership of the Committee, and the vice chairman of the Committee shall be appointed by the President of the Senate from the membership of the Committee. The chairman and vice chairman shall serve terms of two years concurrent with their terms as members of the General Assembly. Vacancies in an appointed member's position or in the offices of chairman or vice chairman of the Committee shall be filled for the unexpired term in the same manner as the original appointment. 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. Members. Section 2. Said Resolution is further amended by striking in section 3A the following: 1976, and substituting in lieu thereof the following: 1978, so that when so amended, section 3A shall read as follows: Section 3A. Unless extended by Joint Resolution of the General Assembly, this Resolution shall stand repealed on July 1, 1978. Repealer. Section 3. Notwithstanding the provisions of section 1 of the Resolution creating the Metropolitan Atlanta Rapid Transit Overview Committee, approved March 16, 1973 (Ga. L. 1973, p. 70), as amended, the following provisions shall apply:

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(a) The terms of the appointed members and officers of the Metropolitan Atlanta Rapid Transit Overview Committee who are in office immediately prior to the effective date of this Resolution shall expire on that date. (b) The members of the Committee appointed during the regular 1975 Session of the General Assembly shall serve terms concurrent with their current terms as members of the General Assembly. (c) The chairman and the vice chairman of the Committee appointed during the regular 1975 Session of the General Assembly shall serve terms concurrent with their current terms as members of the General Assembly. 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 Resolution are hereby repealed. Approved February 24, 1975. CRIMESINFLUENCING OF CERTAIN WITNESSES PROHIBITED. Code 26-2313 Enacted. No. 21 (House Bill No. 75). An Act to amend Code Chapter 26-23 relating to crimes involving abuse of governmental office, as amended, so as to provide that the influencing of certain witnesses shall be unlawful; to provide penalties; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 26-23, relating to crimes involving abuse of governmental office, as amended, is hereby

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amended by adding at the end thereof a new section to be designated Code section 26-2313, to read as follows: 26-2313. Influencing witnesses. A person who, with intent to deter a witness from testifying freely, fully and truthfully to any matter pending in any court, or before a grand jury, communicates, directly or indirectly, to such witness any threat of injury or damage to the property or person of such witness or to the property or person of any relative of such witness or offers or delivers any benefit, reward or consideration to such witness or to a relative of such witness shall, upon conviction, be punished by imprisonment for not less than one nor more than five years. Code 26-2313 enacted. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1975. EDUCATIONPROVISIONS MADE FOR ISOLATED SCHOOLS No. 22 (House Bill No. 86). An Act to amend an Act known as the Adequate Program for Education in Georgia Act, approved March 26, 1974 (Ga. L. 1974, p. 1045) so as to provide for isolated schools; 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 Adequate Program for Education in Georgia Act, approved March 26, 1974 (Ga. L. 1974, p. 1045) is hereby amended by adding a new section

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between sections 25 and 26 to be designated section 25A and to read as follows: Section 25A. 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 the allotment of instructional units, 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 section 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' an adequate 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, pursuant to heretofore existing law, 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, pursuant to heretofore existing law, as an `isolated school' on January 1, 1974, shall have a minimum of 7 State allotted teachers. In addition to the isolated schools provided for herein, 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 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

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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. Section 2. Said Act is further amended by adding a new paragraph at the end of subsection (a) of section 38 to be designated paragraph (13) and to read as follows: (13) Payment of expenses for isolated schools as provided by section 25A of this Act. Expenses. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1975. TEACHERSHEALTH INSURANCE PLAN PROVIDED, ETC. No. 23 (House Bill No. 146). An Act to authorize the State Personnel Board to provide a health insurance plan for public school teachers of the State of Georgia; to define certain terms; to provide for the contents of such health insurance plan and persons eligible to participate in such plan; to provide for exclusions; to authorize the Board to execute contracts to provide benefits under such plan; to authorize the establishment of a self-insurance plan; to authorize the inclusion under such plan of retiring public school teachers

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and dependents of public school teachers; to provide for the payment of benefits under such plan; to provide for a health insurance fund and contributions thereto; to provide for the financing of the health insurance plan; to provide that local boards of education shall have the option of determining whether or not teachers within their respective system shall be covered under the provisions of this Act; to provide for separate insurance programs and for certain funds relative thereto; to authorize the Board to adopt and promulgate the rules and regulations for the administration of such plan; to provide that this Act shall become effective when funds are appropriated therefor; to provide for all 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. As used in this Act, unless the context clearly requires otherwise, the following words or phrases shall have the meanings hereinafter provided: (a) A public school teacher means a teacher as defined in subsection (5) of section 1 of an Act establishing a retirement system for teachers in the State public schools and other state supported schools, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended. Definitions. (b) An employee means a public school teacher as defined by subsection (a) hereof. (c) The Board means the State Personnel Board. (d) The Director means the State Merit System Director. Section 2. The Board is hereby authorized to establish a health insurance plan for public school teachers of the State of Georgia, to adopt and promulgate rules and regulations for its administration, subject to the limitations contained in this Act, which may provide for group [Illegible Text] [Illegible Text] [Illegible Text] insurance against the financial

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costs of hospitalization, surgery, medical treatment and care, and may also include, among other things, prescribed drugs, medicines, prosthetic appliances, hospital inpatient and outpatient service benefits, and medical expense indemnity benefits, including major medical benefits. Plan. Section 3. Such health insurance plan shall not include expenses incurred by, or on account of, an individual prior to the effective date of the plan as to him; services received for injury or sickness due to war or any act of war, whether declared or undeclared, which war or act of war shall have occurred after the effective date of this plan; expenses for which the individual is not required to make payment; expenses to the extent of benefits provided under any employer group plan other than this plan, in which the State participates in the cost thereof, and such other expenses as may be excluded by the regulations of the Board. Exemptions. Section 4. The health insurance plan shall be designed by the Board to (a) provide a reasonable relationship between the hospital, surgical and medical benefits to be included, and the expected distribution of expenses of each such type to be incurred by the covered employees and dependents, and (b) include reasonable controls, which may include deductible and coinsurance provisions applicable to some or all of the benefits, to reduce unnecessary utilization of the various hospital, surgical and medical services to be provided, and to provide reasonable assurance of stability in future years of the plan. Section 5. (a) Said Board is hereby authorized to execute a contract or contracts to provide the benefits determined upon under the plan in accordance with the provisions of this Act. Such contract or contracts may be executed with one or more corporations licensed to transact accident and health insurance business in this State. All of the benefits to be provided under the health insurance plan may be included in one or more similar contracts, or the benefits may be classified into different types with each type included under one or more similar contracts issued by the same or different companies. A reasonable time before entering into any insurance contract hereunder, said Board shall invite

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proposals from such qualified insurers as, in the opinion of the Board, would desire to accept any part of the insurance coverage authorized by this Act. Contracts. (b) Said Board may arrange with any corporation licensed to transact accident and health insurance business in this State issuing any such contract to reinsure portions of such contract with any other such corporation which elected to be a reinsurer and is legally competent to enter into a reinsurance agreement. The Board may designate one or more of such corporations as the administering corporation or corporations. Each employee who is covered under any such contract or contracts shall receive a certificate setting forth the benefits to which the employee and his dependents are entitled thereunder, to whom such benefits shall be payable, to whom claims should be submitted, and summarizing the provisions of the contract principally affecting the employee and his dependents. Such certificate shall be in lieu of the certificate which the corporation or corporations issuing such contract or contracts would otherwise issue. The corporation eligible to participate as reinsurers and the amount of coverage under the contract or contracts to be allocated to each issuing corporation or reinsurer, may be redetermined by the Board for and in advance of any contract year after the first year and with any modifications thereof it deems appropriate to carry out the intent of such subdivision, subject to such limitations as set forth in this Act. The Board may at the end of any contract year discontinue any contract or contracts it has executed with any corporation or corporations and replace it or them with a contract or contracts in any other corporation or corporations meeting the requirements of this Section, or may in its discretion, establish a self-insured plan in whole or in part. Section 6. The contract or contracts shall provide for health insurance for retiring public school teachers and their spouses and dependent children, as defined by the regulations of the Board, under such terms as the Board may deem appropriate. The Board shall adopt regulations prescribing the conditions under which an employee or retiring employee may elect to participate in or withdraw from the plan. Retired teachers, etc.

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Section 7. Each employee shall be entitled to have his spouse and dependent children, as defined by the regulations of the Board, included in the coverage, upon agreeing to pay his contributions to the cost of such coverage for such dependents. The Board shall adopt regulations governing the discontinuance and resumption by employees of coverage for dependents. Coverage. Section 8. Any benefits payable under the plan may be made either directly to the attending physicians, hospitals, medical groups, or others furnishing the services upon which a claim is based, or to the covered employee, upon presentation of valid bills for such services, subject to such provisions to facilitate payment as may be made by the Board. Payments. Section 9. There is hereby created a health insurance fund for public school teachers which shall be available without fiscal year limitations for premium, subscription charges, benefits, and administration costs. The amounts contributed by the State or from Federal funds to such health insurance fund, pursuant to this Act shall be credited to such health insurance fund. All other income as well as the income derived from dividends, premium rate adjustments or other refunds under any such contract or contracts shall be credited to and constitute a part of such fund. Any amounts remaining in such fund after all premiums or subscription charges and other expenses have been paid shall be retained in such fund as a special reserve for adverse fluctuation. The Director shall be the custodian of such health insurance fund, and shall be responsible under a properly approved bond for all monies coming into said fund, and paid out of said fund, as may be required to be paid to any contracting corporation under any contract entered into pursuant to the provisions of this Act, and to cover administrative costs. Insurance fund. Section 10. During any period in which an employee is covered under the health insurance plan authorized by this Act prior to the date of his retirement, there shall be withheld from each salary payment of such employee, as his share of the cost of coverage under this plan, such portion

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of the premium or subscription charges under the terms of any contract or contracts issued in accordance with this Act as may be established by the Board. During any month in which benefits are being paid by the Teachers Retirement System of Georgia to an individual so covered under this program, contributions shall be deducted from such payments in the amounts prescribed by the Board with the consent of the recipient. The State Department of Education shall contribute to said health insurance fund such portion of the costs of such benefits as may be established by the Board up to three per centum of the total outlay for personal services and in addition thereto, an amount to be established by the Board to defray the cost of administration. Cost of coverage. Section 11. At an appropriate time during each year, the Director shall certify to the State Superintendent of Schools the amount of funds, or the percentage provided for by section 10 hereof, determined by the Board as employer payments for the ensuing fiscal year, and in his annual budget for the State Department of Education, the State Superintendent of Schools shall make provision for funds sufficient to pay the Board such required employer payments. Section 12. (a) On July 1, 1975, or on a date as soon thereafter as practicable, as determined by the State Personnel Board, which is hereby defined as the employer commencement date, the Director shall notify the State Superintendent of Schools that the employer payments shall commence on said date. The State Superintendent of Schools shall notify the employees that employee payments will commence on a date, as determined by the Board, which shall not be less than three calendar months following the employer commencement date. The date as established by the Board, with reference to the employee payments is hereby defined as the employee commencement date. Upon establishment of the employer commencement date, the provisions of this Act with reference to such payments shall go into effect. In determining the commencement dates, as provided herein, the Board shall be governed by the money made available by the State to implement the provisions of this Act. Commencement date.

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(b) All persons who become employees as defined in this Act, on or after the employer commencement date, and who are eligible as specified by rules and regulations of the Board, shall as a condition of their employment become members of this health insurance plan authorized by this Act, except that, any such employee in State service prior to the employer commencement date, who is otherwise eligible in accordance with rules and regulations of the Board, shall have an option to elect coverage in the health insurance plan, and no coverage shall be or become available for anyone rejecting such coverage. Section 13. Local school boards shall have the option to determine whether or not the teachers within their respective systems shall be covered under the provisions of this Act. Any system desiring to maintain or establish their own insurance program shall receive their pro rata share of the funds which would otherwise be available to them under the provisions of this Act to defray expenses incurred in connection with maintaining or establishing a separate insurance program. Local school boards. Section 14. The Board shall promulgate such rules and regulations as may be required for the effective administration of this Act. Rules. Section 15. This Act shall become effective when the General Assembly shall appropriate the necessary funds to implement the provisions of this Act. Effective date. Section 16. 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 17. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1975. CRIMESUNAUTHORIZED REPRODUCTIONS OF RECORDED MATERIAL PROHIBITED, ETC. No. 24 (House Bill No. 177). An Act to prohibit certain unauthorized transfers and reproductions of recorded material; to prohibit distribution and sale of such unauthorized transfers and reproductions of recorded materials; to provide certain exceptions; to provide penalties; 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. Recorded Material; Unauthorized Reproductions, Manufacture, Distribution and Sale. (a) Unless exempt under subsection (c) it is unlawful for any person, firm, partnership, corporation, or association knowingly to (1) transfer or cause to be transferred any sounds recorded on a phonograph record, disc, wire, tape, film, or other article on which sounds are recorded onto any other phonograph record, disc, wire, tape, film or article; without the consent of the person who owns the master phonograph record, master disc, master tape, or other device or article from which the sounds are derived; or (2) sell, distribute, circulate, offer for sale, distribution or circulation, possess for the purpose of sale, distribution or circulation, or cause to be sold, distributed or circulated, offered for sale, distribution or circulation, or possessed for sale, distribution or circulation, any article, or device on which sounds have been transferred, knowing it to have been made without the consent of the person who owns the master phonograph record, master disc, master tape, or other device or article from which the sounds are derived.

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(b) It is unlawful for any person, firm, partnership, corporation or association to sell, distribute, circulate, offer for sale, distribution or circulation, or possess for the purposes of sale, distribution or circulation, any phonograph record, disc, wire, tape, film or other article on which sounds have been transferred unless such phonograph record, disc, wire, tape, film, or other article bears the actual name and address of the transferor of the sounds in a prominent place on its outside face or package. (c) This section does not apply to any person who transfers or causes to be transferred any such sounds (1) intended for or in connection with radio or television broadcast transmission or related uses, (2) for archival purposes, or (3) solely for the personal use of the person transferring or causing the transfer and without any compensation being derived by the person from the transfer. Exemptions. (d) Violation of this section is a felony and is punishable upon conviction by a fine of not more than twenty-five thousand dollars ($25,000.00) for the first offense, and not more than one hundred thousand dollars ($100,000.00) for a subsequent offense; or by imprisonment for not less than one (1) year or more than three (3) years for a subsequent offense, or both fine and imprisonment. Penalty. (e) This Act shall neither enlarge nor diminish the right of parties to enter into a private contract. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1975. CRIMESSMOKING IN CERTAIN PUBLIC PLACES PROHIBITED. Code 26-9910 Enacted. No. 46 (House Bill No. 250). An Act to amend Code Chapter 26-99, relating to miscellaneous criminal provisions, as amended, so as to prohibit

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the smoking of tobacco in any form in certain public places; to provide for punishments; to provide that this prohibition shall be cumulative to other laws and rules and regulations; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 26-99, relating to miscellaneous criminal provisions, as amended, is hereby amended by adding after Code section 26-9909 a new Code Section to be designated Code section 26-9910, to read as follows: 26-9910. Smoking in Public Places Prohibited. (a) A person who shall smoke tobacco in any form in any of the following public places shall be guilty of a misdemeanor: (1) an enclosed elevator which is used by or open to the public and which is clearly designated by a no smoking sign; Code 26-9910 enacted. (2) any place on a public transportation vehicle in use by the public, which is clearly designated by a no smoking sign; (3) any area used by or open to the public which is clearly designated by a no smoking sign. (b) A person convicted of violating subsection (a) shall be punished by a fine of not less than $10 nor more than $100. (c) This Section shall be cumulative to and shall not prohibit the enactment of any other general and local laws, rules and regulations of State or local agencies, and local ordinances prohibiting smoking which are more restrictive than this Section. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1975.

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INTERESTCHARGES FOR INTEREST ON CERTAIN LOANS AUTHORIZED. No. 47 (House Bill No. 280). An Act to permit the charging of interest by such institutions on loans secured by a time or savings deposit or savings account in a bank, federal savings and loan association, or State chartered building and loan association; to restrict such interest charged to that maximum percentage permitted by Chapter 57-1 of the Code of Georgia unless a higher rate of interest is required by any applicable regulation of the United States Comptroller of the Currency, the Federal Deposit Insurance Corporation, the Federal Reserve Board, the Federal Home Loan Bank Board, the Federal Savings and Loan Insurance Corporation or of any other agency of the United States, in which event the interest charged shall not be greater than that specified by such federal regulation; to provide a severability clause; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Any bank, federal savings and loan association, or State chartered building and loan association may make loans to its depositors or holders of time or savings deposits or savings accounts and to charge interest on such loans which are secured by such deposits or accounts provided that such interest charged shall be restricted to that permitted by Chapter 57-1 of the Code of Georgia unless a higher rate of interest is required by any applicable regulation of the United States Comptroller of the Currency, the Federal Deposit Insurance Corporation, the Federal Reserve Board, the Federal Home Loan Bank Board, the Federal Savings and Loan Insurance Corporation or of any other agency of the United States, in which event the interest charged shall not be greater than that specified by such federal regulation.

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Section 2. If any provision, sentence or phrase of this Act shall be declared unconstitutional or void for any reason, such adjudication shall not affect the other provisions, sentences and phrases hereof, but same shall be preserved, and the remainder thereof shall be left intact and valid. 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 7, 1975. GRAND JURIESCERTAINSUBPOENA POWERS GRANTED. (400,000600,000). Code Chapter 59-6B Amended. No. 48 (House Bill No. 436). An Act to amend an Act approved March 21, 1974 (Ga. L. 1974, p. 418), providing for a Code of Georgia Chapter 59-6A, relating to investigative grand juries in counties having a population of not less than 400,000 or more than 600,000, so as to provide for the power to compel evidence, subpoena witnesses and records, and inspect records of the State and its political subdivisions during an investigation; to renumber the Chapter as Code of Georgia Chapter 59-6B; to repeal conflicting laws; to provide for an effective date; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act approved March 21, 1974 (Ga. L. 1974, p. 418), providing for a Code of Georgia Chapter 59-6A, relating to investigative grand juries in counties having a population of not less than 400,000 or more than 600,000, is hereby amended as follows:

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(a) The Code of Georgia Chapter 59-6A, provided for by the Act approved March 21, 1974 (Ga. L. 1974, p. 418), is redesignated Code of Georgia Chapter 59-6B. Each original designation of Chapter and sections with the capital letter A is replaced by the corresponding designation with a capital letter B. (b) In Section 1 of the Act approved March 21, 1974 (Ga. L. 1974, p. 418), where it creates a new Code of Georgia section 59-602A, now re-designated Code of Georgia section 59-602B, a new subsection, 59-602B (c) is added as follows: (c) While conducting any investigation authorized by this chapter, investigative grand juries may compel evidence and subpoena witnesses, may inspect records, documents, 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. so that, as amended, the Act approved March 21, 1974 (Ga. L. 1974, p. 418), shall read as follows: 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 59-6B and to read as follows: Code Chapter 59-6 amended. `59-6B Investigative Grand Juries for Certain Counties. 59-601B. 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

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Chapter, the provisions of law relative to grand juries shall apply to the grand juries provided for by this Code Chapter. 59-602B. 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. (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. (c) While conducting any investigation authorized by this chapter, investigative grand juries may compel evidence and subpoena witnesses, may inspect records, documents, 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. 59-603B. Supervision; termination of investigative grand juries. (a) When an investigative grand jury is empaneled pursuant to Code section 59-602B, the Senior Judge of the Superior Court of such county shall assign a judge of the

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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. (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 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. Section 2. This Act shall not affect, and shall leave intact, the Code of Georgia Chapter 59-6A as it was created by an Act approved March 19, 1974 (Ga. L. 1974, p. 270), relating to special purpose grand juries in counties with a population of 600,000 or more. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Section 4. This law shall take effect upon its approval by the Governor. Effective date. Approved March 7, 1975.

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LEGAL ADVERTISEMENTSFEES CHANGED. Code 39-1105 Amended. No. 49 (Senate Bill No. 155). An Act to amend Code section 39-1105, relating to fees for advertising, as amended, so as to change certain fees; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 39-1105, relating to fees for advertising, as amended, is hereby amended by striking from said section the figure, $2.50, and inserting in lieu thereof the figure, $3.50, and by striking the figure, $1.50, and substituting in lieu thereof the figure, $2.50, so that when so amended Code section 39-1105 shall read as follows: 39-1105. The rates to be allowed to publishers for publishing legal advertisements shall be as follows: For each 100 words, the sum of $3.50 for each insertion for the first four insertions; for each subsequent insertion, the sum of $2.50 per 100 words. In all cases fractional parts shall be charged for at the same rates; and no judge of the probate court, sheriff, coroner, clerk, marshall or other officer shall receive or collect from parties, plaintiff or defendant, other or greater rates than herein set forth. Code 39-1105 amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 11, 1975.

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AUCTIONEERING REGULATED. Code Title 84-3A Enacted. No. 50 (House Bill No. 145). An Act to amend Code Title 84, relating to professions, businesses and trades, as amended, so as to provide for the regulation and licensing of certain practitioners of the business of auctioneering; to provide the procedures connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Title 84, relating to professions, businesses and trades, as amended, is hereby amended by inserting between Chapters 84-3 and 84-4 a new Chapter to be known as Code Chapter 84-3A and to read as follows: CHAPTER 84-3A. AUCTIONEERS AND APPRENTICE AUCTIONEERS. 84-301A. Definitions. As used in this Chapter, the following terms shall have the following meanings except where the context clearly indicates that another meaning is intended: Code Title 84-3A enacted. (a) `Auctioneer' shall mean any person who, for a fee, commission, or any other valuable consideration, or with the intention or expectation of receiving the same, by the means of, or process of, an auction or sale at auction, offers, negotiates or attempts to negotiate, a listing contract, sale, purchase or exchange of goods, chattels, merchandise, real or personal property, or of any other commodity which may lawfully be kept or offered for sale by or at public auction, and has been actively engaged in the auction business for a period of more than one year, and has been the principal auctioneer in ten or more auctions, and has been duly licensed as provided in this Chapter. (b) `Apprentice Auctioneer' shall mean any person who for compensation or valuable consideration, or otherwise, is

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employed, directly or indirectly, by an auctioneer to deal or engage in any auctioning activity, and who is duly licensed under the provisions of this Chapter. (c) `Goods' shall mean any chattel, goods, merchandise, real or personal property, or commodities of any form or type which may lawfully be kept or offered for sale. (d) `Persons' shall mean individuals, associations, partnerships and corporations, and the word `persons' shall also include the officers, directors and employees of the corporation. (e) `Auction business' or `business of auctioning' shall mean the performing of any of the acts of an auctioneer or apprentice auctioneer, to include bid calling for a fee, commission, or any other valuable consideration, or with the intention or expectation of receiving the same, by means of, or process of, an auction or sale at auction, offers, negotiates or attempts to negotiate, a listing contract, sale, purchase or exchange of goods, chattels, merchandise, real or personal property, or of any other commodity which may lawfully be kept or offered for sale by or at public auction. (f) `Commission' shall mean the Georgia Auctioneers Commission. 84-302A. Auctioneers and Apprentice Auctioneers; License Required. From and after July 1, 1975, it shall be unlawful for any person, directly or indirectly, to engage in or conduct or advertise or hold himself out as engaging in or conducting the business, or act in the capacity of auctioneer or apprentice auctioneer within this State without first obtaining a license as such auctioneer or apprentice auctioneer, as provided in this Chapter, unless he is exempted from obtaining a license under Code section 84-303A. 84-303A. Exceptions. Except as otherwise provided in this Chapter, the provisions of this Chapter shall not apply to any person acting as a receiver, trustee in bankruptcy, guardian, administrator or executor or any such person acting under order of any court, nor to attorneys at law licensed by the State of Georgia, nor shall they apply to a

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trustee acting under a trust agreement, deed of trust or will, nor shall they apply to sales at auction conducted by or under the direction of any public authority or State or governmental agency, or pursuant to any judicial order or decree. This Chapter shall not apply to any sale at auction if the proceeds of such sale are to be used exclusively for charitable purposes. The provisions of this Chapter shall not apply to any person who is acting as an auctioneer in the auction of his own property, either personal or real. The provisions of this Chapter shall not apply to any person acting as an auctioneer in the auction of antiques, farm equipment, farm land, livestock, forest products or farm products. 84-304A. Actions. (a) No person shall bring or maintain any action in the courts of this State for the collection of compensation for the performance of any of the acts mentioned in this Chapter without alleging and proving that he was a duly licensed auctioneer or apprentice auctioneer at the time the alleged cause of action arose. (b) The commission may originate a complaint for any violation of this Chapter. 84-305A. Georgia Auctioneers Commission. (a) The Georgia Auctioneers Commission is hereby created under the Secretary of State and Joint Secretary, State Examining Boards. The Commission shall be composed of five members, each of whom shall be appointed by the Governor, with the approval of the Secretary of State, and confirmed by the Senate. Initial terms of appointment shall include one member to be appointed for a term of one year, one member to be appointed for a term of two years, one member to be appointed for a term of three years, one member to be appointed for a term of four years, and one member to be appointed for a term of five years. All subsequent appointments shall be for a term of five years, to end on the anniversary date of original appointments, except appointments to fill a vacancy which shall be for the unexpired term only. Each member of the Commission shall be a licensed auctioneer who shall have been a resident of this State

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and actively engaged in the auctioneering business for at least five years. (b) Members of the Commission shall serve until their successors are appointed and qualified. Vacancies on the Commission shall be filled by appointment of the Governor, with the approval of the Secretary of State. Three of the five members so appointed shall constitute a quorum for the transaction of any business of the Commission. The Commission shall organize by selecting from its members a chairman and may do all things necessary and convenient to carry into effect the provisions of this Chapter and may, from time to time, promulgate necessary rules and regulations to carry out the provisions of this Chapter. The Commission shall thereafter meet once a month, or as often as is necessary, and remain in session as long as the chairman thereof shall deem it necessary to give full consideration to the business before the Commission. The Commission shall be empowered to recommend to the Secretary of State such assistants or employees as are necessary to carry out the work of the Commission. The Secretary of State is empowered to employ and dismiss such persons and to fix the compensation of such assistants or employees. (c) The Commission shall have the power and authority to pass rules and regulations relating to the professional conduct of licensees and the administration of this Chapter. Such rules and regulations shall not apply to nor shall they set schedules of fees or commissions for the services of the licensees. (d) Each member of the Commission shall receive as compensation for each day actually spent on his official duties at scheduled meetings the sum of twenty-five dollars and his actual and necessary expenses incurred in the performance of his official duties. (e) The Commission, through its chairman, shall file a written report with the Governor and a copy thereof, with both Houses of the General Assembly, on or before the 15th day of January of each year. The Governor may request a preliminary report prior to such an annual report. The

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report shall include a summary of all actions taken by the Commission, a financial report of income and disbursements, staff personnel and numbers of persons licensed by the Commission. The report shall further delineate steps taken in education and research of the department to disseminate information so that all licensees can be better informed in order to protect the public. The Commission shall also outline a program of education and research for each ensuing year. 84-306A. Seal. The Commission shall adopt a seal, which may be either an engraved or ink stamp seal, with the words `State Auctioneers Commission, State of Georgia', and such other devices as the Commission may desire included thereon, by which it shall authenticate the acts of the Commission. Copies of all records and papers in the office of the Commission, certified by the signature of the Commission chairman and the seal of the Commission, shall be received in evidence in all cases equally and with like effect as the originals. 84-307A. Attorney General. Whenever, in the judgment of the Commission, any person has engaged in any acts or practices which constitute or will constitute a violation of this Chapter, the Attorney General may maintain an action in the name of the State of Georgia in the superior court of the county wherein such violation occurred to abate and temporarily and permanently enjoin such acts and practices and to enforce compliance with this Chapter. The plaintiff shall not be required to give any bond. 84-308A. Licensure Regulated. The Commission shall have the full power to regulate the issuance of licenses and to revoke or suspend licenses issued under the provisions of this Chapter and to censure licensees for any violation of this Chapter. 84-309A. Application for License. Any person desiring to act as an auctioneer or apprentice auctioneer must file an application for a license with the Commission. The application shall be in such form and detail as the Commission shall prescribe, setting forth the following:

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(a) The name and address of the applicant or the name under which he intends to conduct business and, if the applicant be a partnership, the name and residence address of each member thereof and the name under which the partnership business is to be conducted and, if the applicant be a corporation, the name and address of each of its principal officers; (b) The place or places, including the city, town or village with the street and street number, if any, where the business is to be conducted; or (c) Such other information as the Commission shall require. 84-310A. Granting and Revocation of Licenses. (a) Licenses shall be granted only to persons who bear a good reputation for honesty, trustworthiness, integrity and competence to transact the business of auctioneer or apprentice auctioneer in such manner as to safeguard the interest of the public, and only after satisfactory proof of such qualifications has been presented to the Commission. The Commission shall grant a license to a corporation or partnership only if the stockholder or partner having a controlling interest therein bears a good reputation for honesty, trustworthiness and integrity. (b) Where an applicant has been convicted of forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or other like offense or offenses, or has been convicted of a felony or a crime in a court of competent jurisdiction of this or any other state, district or territory of the United States, or of a foreign country, such untrustworthiness of the applicant, and the conviction may, in itself, be a sufficient ground for refusal of a license. (c) Where an applicant has made a false statement of material fact on his application, such false statement may, in itself, be sufficient ground for refusal of a license. (d) Grounds for suspension or revocation of a license, as

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provided for by this Chapter, shall also be grounds for refusal to grant a license. 84-311A. Qualifications. No auctioneer's or apprentice auctioneer'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 84-315A nor to any person who is not a citizen or has not filed his intent to become a citizen of the United States. Each applicant for an auctioneer's license shall have been the principal auctioneer in ten or more auctions. The Commission shall require an applicant to take and pass an examination establishing in a manner satisfactory to the Commission that said applicant has a general knowledge of ethics, reading, writing, spelling, elementary arithmetic, elementary principles of land economics and a general knowledge of the statutes of this State relating to the bulk sales law, auctions brokerage and the provisions of this Chapter. The examination for an auctioneer's license shall be of a more exacting nature and scope than the examination for an apprentice auctioneer. It shall also be the duty of the Commission through such application and examination to determine whether such applicant is reputable, trustworthy, honest, and competent to transact the business of an auctioneer, or of an apprentice auctioneer, in such a manner as to safeguard the interest of the public. Any person who is a resident of Georgia and who on January 1, 1975, is lawfully engaged in business as an auctioneer and has engaged for a period of at least one year prior to January 1, 1975, and has been principal auctioneer for at least three auctions during this period of time, and furnishes satisfactory proof of same to the Commission shall not be required to take an examination, but all such persons shall be entitled to receive a license from the Commission under the provisions of this Chapter on proper application thereof and payment of the license fee required by this Chapter. Any member or officer of a partnership, association or corporation who is a resident of Georgia on

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the effective date of this Chapter is lawfully and actively engaged in the auction business shall not be required to take an examination, but all such persons shall be entitled to receive a license from the Commission under the provisions of this Chapter upon proper application therefor and payment of the license fee in accordance with the provisions of this Chapter. 84-312A. License Fees. (a) The Commission shall, at the time an application is submitted, collect from an applicant for each auctioneer's or apprentice auctioneer's examination a fee of twenty-five dollars. Prior to the issuance of an original license, each applicant shall pay a license fee in advance in the amount of fifty dollars for an auctioneer's license and twenty-five dollars for an apprentice auctioneer's license. Effective January 1, 1976, all licenses shall be issued biennially and shall be renewed as of January 1 of each even-numbered year. (b) After the issuance of the first license to an applicant, such license shall cover the remaining period of the biennium. All licenses will expire at 12:00 p.m. on the 31st day of December in each odd-numbered year. (c) The biennial license renewal fees according to this Chapter shall be due and payable for auctioneers and apprentice auctioneers on or before September 1 prior to the expiration of said license at 12:00 p.m. on December 31st of the licensing biennial period. (d) The auctioneer's biennial license fee shall be fifty dollars and the apprentice auctioneer's biennial license fee shall be twenty-five dollars. A license fee for renewal may be filed after September 1 by paying a late renewal fee of ten dollars on or before 12:01 a.m. January 1 of the biennial licensing period. All fees shall be deposited with the Joint-Secretary for the expenses of the Commission. This Code Section shall not obviate any other fees or conditions required to maintain such license in accordance with this Chapter. (e) Any check presented to the Commission as a fee for either an original or renewal license or for examination for

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license, which is returned unpaid, shall be cause for revocation or denial of license. 84-313A. Fees. All fees collected under this Chapter shall be deposited by the Joint-Secretary, State Examination Boards, into the State treasury. 84-314A. Nonresident Auctioneers and Apprentice Auctioneers. (a) In connection with the application of a nonresident of this State for a license as an auctioneer, or apprentice auctioneer, the Commission may accept, in lieu of the qualifications otherwise required, the license as auctioneer or apprentice auctioneer issued to the applicant by the proper authority of the state of his domicile upon the payment by the applicant of the proper license fee and the filing, with the Commission, of a duly certified copy of the license issued to the applicant by the other state. The provisions of this section shall only apply to licensed auctioneers and apprentice auctioneers of those states under the laws of which similar recognition and courtesies are extended to licensed auctioneers and apprentice auctioneers of this State and if the licensing requirements of such state include the passing of an examination of equal or higher standards than those required by this State. Should such nonresident licensee become a resident of the State of Georgia or desire to maintain a place of business in this State, he must secure a regular resident license in compliance with this Chapter and rules of the Commission governing original resident applicants; provided, that if another state requires a resident of this State to maintain a place of business in such other state, a resident of such other state shall maintain a place of business in this State and need not secure a regular resident license to maintain such place of business in this State. (b) Prior to the issuance of a license to a nonresident auctioneer or apprentice auctioneer, he shall file with the Commission a designation in writing that appoints the Georgia Auctioneers Commission or a deputy to be designated by it, to act as the licensee's agent, upon whom all judicial and other process or legal notices directed to such

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licenses may be served. Service upon the agent so designated shall be equivalent to personal service upon the licensee. Copies of such appointment, certified by the Commission chairman, shall be deemed sufficient evidence thereof and shall be admitted in evidence with the same force and effect as the original thereof might be admitted. In such written designation, the licensee shall agee that any lawful process against the licensee, which is served upon such agent, shall be of the same legal force and validity as if served upon the licensee, and that the authority shall continue in force so long as any liability remains outstanding in this State. Upon the receipt of all such process or notices, the Commission, or the deputy as designated by it, shall forthwith mail a copy of the same by certified mail to the last known business address of said licensee. (c) Nonresident licenses granted under reciprocal agreements, as provided in this Section, shall remain in force, unless suspended or revoked by the Commission for just cause or for failure to pay the renewal fee, and only as long as a reciprocal agreement is in effect between this State and the resident state of the nonresident licensee. 84-315A. Nonacceptance of Applications; Hearings. If the Commission, after an application in proper form has been filed with it, accompanied by the proper fee, shall refuse to accept said application, the Commission shall provide for a hearing for such applicant in accordance with the `Georgia Administrative Procedure Act' (Ga. L. 1964, p. 338), as amended. Any person who has exhausted all administrative remedies available within this Chapter and who is aggrieved by a final decision in a contested case is entitled to judicial review in accordance with said `Georgia Administrative Procedure Act'. 84-316A. 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 auctioneer or apprentice auctioneer shall be delivered or mailed to his place of business, and shall be displayed conspicuously at all times in the office of the licensee. The Commission shall annually prepare and deliver a pocket card

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certifying that the person whose name appears thereon is a licensed auctioneer or apprentice auctioneer, as the case may be, stating the period of time for which fees have been paid, and including, on apprentice auctioneer's cards only, the name and address of the auctioneer for whom such apprentice auctioneer is acting. If an auctioneer maintains more than one place of business within the State, a branch office license shall be issued to such auctioneer for each branch office so maintained by him upon the payment of a biennial fee of one hundred dollars, and the branch office license shall be conspicuously displayed in each branch office. 84-317A. Change in Address. (a) Should the auctioneer change his place of business, he shall notify the Commission, in writing, within ten days of such change, and thereupon a new pocket card shall be granted to the auctioneer and to his apprentice auctioneers. (b) When an apprentice auctioneer is discharged or terminates his employment with the auctioneer for any reason, it shall be the immediate duty of the auctioneer to deliver or mail by registered mail to the Commission the license of the apprentice auctioneer. It shall be unlawful for any apprentice auctioneer to perform any of the acts contemplated by this Chapter, either directly or indirectly under authority of his license until the apprentice auctioneer receives a new license bearing the name and address of his new employer. No more than one license shall be issued to any apprentice auctioneer for the same period of time. 84-318A. Unfair Practices. The Commission may, upon its own motion, and shall, upon the sworn complaint in writing of any person, investigate the actions of any auctioneer or apprentice auctioneer and shall have power to censure said license or to revoke or suspend any license issued under this Chapter whenever said license has been obtained by false or fraudulent representation, or said licensee has been found guilty of any unfair trade practices, including, but not limited to, the following: 1. Making any substantial misrepresentation;

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2. Pursuing a continued and flagrant course of misrepresentation or making false promises through agents or advertising or otherwise; 3. Failing to account for or remit, within a reasonable time, any money belonging to others that comes into his possession, commingling funds of others with his own, or failing to keep such funds of others in an escrow or trustee account; 4. Being convicted in a court of competent jurisdiction of this or any other state of a criminal offense involving moral turpitude or a felony; 5. Violation of any rule or regulation promulgated by the Commission; 6. Any conduct of any auctioneer which demonstrates bad faith, dishonesty, incompetency or untruthfulness; 7. Any conduct of an auctioneer which demonstrates improper, fraudulent or dishonest dealings. 84-319A. Hearings; Appeals. Before the Commission shall censure a licensee or before revoking or suspending a license, it shall provide for a hearing for such holder of a license in accordance with the `Georgia Administrative Procedure Act' (Ga. L. 1964, p. 338), as amended. Any person who has exhausted all administrative remedies available within this Chapter and who is aggrieved by a final decision in a contested case is entitled to judicial review in accordance with said `Georgia Administrative Procedure Act'. 84-320A. Effect of Revocation of Auctioneer's License on the Licenses of Apprentice Auctioneers Employed By Him. The revocation of an auctioneer's license shall automatically suspend every apprentice auctioneer's license granted to any person by virtue of his employment by the auctioneer whose license has been revoked. The apprentice auctioneer may retain his license by transferring to the employment of another licensed auctioneer within ninety days.

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84-321A. Bond Required to Obtain License. Each application for an auctioneer's or apprentice auctioneer's license shall be accompanied by a bond in the amount of five thousand dollars. The bond shall be a cash bond or a surety bond and, if the latter, shall be executed by a surety company authorized to do business in this State. The bond shall be made payable to the Commission and conditioned on the applicant's conducting his business in accordance with the provisions and intent of this Chapter. The bond shall be in a form approved by the Commission. No license may be issued until such a bond has been filed with the Commission. 84-322A. Penalties. Any person or corporation acting as auctioneer or apprentice auctioneer within the meaning of Code Chapter 84-3A without a license, and all persons, who violate any other provisions of this Chapter, shall be guilty of a misdemeanor. Anyone who is so convicted shall be punished by a fine not to exceed one thousand dollars or by imprisonment for a term not to exceed ninety days, or by both such fine and imprisonment. 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 11, 1975. STATE EMPLOYEESDEFINITION OF EMPLOYEE CHANGED FOR HEALTH INSURANCE PURPOSES. No. 74 (House Bill No. 358). An Act to amend an Act relating to health insurance coverage for State employees, approved March 16, 1961 (Ga. L. 1961, p. 147), as amended, so as to change the definition of the term employee or employees; to

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provide an effective date; to repeal specific laws; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act relating to health insurance coverage for State employees, approved March 16, 1961 (Ga. L. 1961, p. 147), as amended, is hereby amended by striking section 1 in its entirety and inserting in lieu thereof a new section 1, to read as follows: Section 1. For the purposes of this Act, the term `employee' or `employees' means: Definition. (a) a person who works full time for the State and receives his compensation in a direct payment from a department, agency or institution of the State Government; (b) an annuitant who at the time of his retirement worked full time for the State and received his compensation in a direct payment from a department, agency or institution of the State Government and who draws a monthly benefit from the Employees Retirement System of Georgia; (c) a person who is appointed to an emeritus position under the laws of the State of Georgia; (d) members of the General Assembly; (e) administrative and clerical personnel of the General Assembly; (f) district attorneys and certain assistant district attorneys of the superior courts of Georgia; (g) a person who works full time and receives his compensation in a direct payment from a county board of health or the county boards of health comprising a health district or the county boards of health receiving financial assistance from the State Department of Human Resources; (h) an annuitant who at the time of his retirement

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worked full time and received his compensation in a direct payment from a county board of health or the county boards of health comprising a health district or the county boards of health receiving financial assistance from the State Department of Human Resources; (i) a county employee of the State Department of Human Resources who works full time for a county department of Family and Children Services and receives his compensation from a county department of Family and Children Services; (j) an annuitant who at the time of his retirement was a county employee of the State Department of Human Resources and who worked full time for a county department of Family and Children Services and who received his compensation in a direct payment from a county department of Family and Children Services and who draws a monthly benefit from either the Employees Retirement System of Georgia or a county employees retirement system. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. (a) An Act authorizing the State Personnel Board to provide a Health Insurance Plan for county employees of the State Department of Family and Children Services, approved April 5, 1965 (Ga. L. 1965, p. 515), is hereby repealed in its entirety. (b) An Act authorizing the State Personnel Board to provide a health insurance plan for employees of the county boards of health, approved April 18, 1967 (Ga. L. 1967, p. 738), is hereby repealed in its entirety. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 13, 1975.

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ROADSMAXIMUM LOADS ON CERTAIN VEHICLES CHANGED. Code 95A-959 Amended. No. 77 (House Bill No. 618). An Act to amend Code section 95A-959, relating to the weight and load limitations for vehicles using the public roads of this State, as amended, so as to change the provisions for the maximum permissible gross loads for certain vehicles; 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 the weight and load limitations for vehicles using the public roads of this State, as amended, is hereby amended by striking in its entirety subsection (a) and substituting in lieu thereof a new subsection (a) to read as follows: (a) General. Except when so authorized by a permit issued pursuant to the provisions of Section 95A-961, no wheel on any vehicle operated upon any public road of this State, equipped with high pressure, pneumatic, solid rubber or cushion tires, shall carry a load which exceeds 8,000 pounds by more than 13 percent, or an axle load which exceeds 16,000 pounds by more than 13 percent; no wheel equipped with low pressure pneumatic tires shall carry a load which exceeds 9,000 pounds by more than 13 percent, or any axle load which exceeds 18,000 pounds by more than 13 percent. An axle load shall be defined as the total load on all wheels whose centers may be included between two parallel transverse vertical planes 40 inches apart. If the driver of any vehicle can comply with the requirements of this Section by shifting or equalizing the load on all wheels or axles and does so when requested by the proper authority, said driver shall not be held to be operating in violation of this Section. Code 95A-959 amended. Provided, however:

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(i) that the maximum total gross weight shall not exceed 80,000 pounds and that for vehicles with a total gross weight between 73,280 pounds and 80,000 pounds, the overall gross weight in pounds on a group of three or more consecutive axles shall be as determined by the following formula (the results of which are tabulated in Table 1 of this Section up to 7 axles and a distance of 52 feet): Where W = overall gross weight on any group of three or more consecutive axles to the nearest 500 pounds, L = distance in feet between the extreme of any group of three or more consecutive axles, and N = number of axles in group under consideration; except that two consecutive sets of tandem axles may carry a gross load of 34,000 pounds each providing the overall distance between the first and last axles of such consecutive sets of tandem axles is 36 feet or more; and (ii) that on a public road of a county road system, this maximum total gross weight shall not exceed 56,000 pounds unless the vehicle is making a pickup or delivery on such road; and (iii) that notwithstanding the provisions of this section, no vehicle or combination of vehicles shall be operated over any bridge with a posted limit which is less than the gross weight of the vehicle and its load. Table 1Permissible gross loads for vehicles in regular operation. Requirements of this table shall apply only to vehicles or combinations of vechicles whose total gross weights are between 73,280 and 80,000 pounds. Distance in feet between the extremes of any group of 2 or more consecutive Maximum load in pounds carried on any group of 2 or more consecutive axles 2 axles 3 axles 4 axles 5 axles 6 axles 7 axles 4 40,680 5 40,680 6 40,680 7 40,680 8 40,680 42,000 9 40,680 42,500 10 40,680 43,500 11 44,000 12 45,000 50,000 13 45,500 50,500 14 46,500 51,500 15 47,000 52,000 16 48,000 52,500 58,000 17 48,500 53,500 58,500 18 49,500 54,000 59,000 19 50,000 54,500 60,000 20 51,000 55,500 60,500 66,000 21 51,500 56,000 61,000 66,500 22 52,500 56,500 61,500 67,000 23 53,000 57,500 62,500 68,000 24 54,000 58,000 63,000 68,500 74,000 25 54,500 58,500 63,500 69,000 74,500 26 55,500 59,500 64,000 69,500 75,000 27 56,000 60,000 65,000 70,000 75,500 28 57,000 60,500 65,500 71,000 76,500 29 57,500 61,500 66,000 71,500 77,000 30 58,500 62,000 66,500 72,000 77,500 31 59,000 62,500 67,500 72,500 78,000 32 60,000 63,500 68,000 73,000 78,500 33 64,000 68,500 74,000 79,000 34 64,500 69,000 74,500 80,000 35 66,500 70,000 75,000 36 66,000 70,500 75,500 37 66,500 71,000 76,000 38 67,500 72,000 77,000 39 68,000 72,500 77,500 40 68,500 73,000 78,000 41 69,500 73,500 78,500 42 70,000 74,000 79,000 43 70,500 75,000 80,000 44 71,500 75,500 45 72,000 76,000 46 72,500 76,500 47 73,500 77,500 48 74,000 78,000 49 74,500 78,500 50 75,500 79,000 51 76,000 80,000 52 76,500 .

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 13, 1975. STATE PERSONNEL BOARDHEARINGS PROVIDED, ETC. No. 79 (House Bill No. 700). An Act to amend an Act completely and exhaustively revising, superseding and consolidating the laws relating to the State Personnel Board and the State Merit System of Personnel Administration, approved March 10, 1971 (Ga. L. 1971, p. 45), as amended by an Act approved April 10, 1971 (Ga. L. 1971, p. 832), so as to provide for additional powers and duties of the State Personnel Board; to provide for a procedure for hearings and judicial review of decisions of the State Personnel Board; 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:

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Section 1. An Act completely and exhaustively revising, superseding and consolidating the laws relating to the State Personnel Board and the State Merit System of Personnel Administration, approved March 10, 1971 (Ga. L. 1971, p. 45), as amended by an Act approved April 10, 1971 (Ga. L. 1971, p. 832), is hereby amended by adding a new section between Section 5 and Section 6, to be designated as Section 5A, to read as follows: Section 5A. (a) Any laws to the contrary notwithstanding, from and after the effective date of this section all hearings on dismissals and other purported violations of the rules and regulations in the several departments which are included in the career service shall be instituted by filing a written appeal with the State Personnel Board upon such ground and in such form and under such procedure as may be prescribed by rules and regulation of the Board. The party appealing to the Board and the department from whose action the appeal is taken shall be notified in writing within seven (7) days from the filing of the appeal that an appeal has been filed and the time for which a hearing is scheduled. Hearings. (b) The State Personnel Board, any member of the Board, or any duly appointed Hearing Officer shall have the authority to do the following in connection with any hearing on a dismissal or other purported violation of the rules and regulations in the several departments which are included in the career service: to administer oaths and affirmations; sign and issue subpoenas; rule upon offers of proof; regulate the course of the hearing, set the time and place for continued hearings, and fix the time for filing briefs; dispose of motions to dismiss for lack of the Board's jurisdiction over the subject matter or parties or for any other ground; dispose of motions to amend or to intervene; provide for the taking of testimony by deposition or interrogatory; reprimand or exclude from the hearing any person for any indecorous or improper conduct committed in the presence of the Board or the Hearing Officer. Powers. (c) Subpoenas shall be issued without discrimination between public and private parties. When a subpoena is

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disobeyed, any party may apply to the superior court of the county where the hearing is being held for an order requiring obedience. Failure to comply with such order shall be cause for punishment as for contempt of court. The costs of securing the attendance of witnesses, including fees and mileage, shall be computed and assessed in the same manner as prescribed by law in civil cases in the superior court. Subpoenas. (d) With respect to all hearings before the Board or the Hearing Officer: (1) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. The rules of evidence as applied in the trial of civil nonjury cases in the superior courts of Georgia shall be followed. Evidence not admissible thereunder may be admitted if it is of a type commonly relied upon by reasonably prudent men in the conduct of their affairs. The Board shall give effect to the rules of privilege recognized by law. Objections to evidentiary offers may be made and shall be noted in the record. Subject to these requirements, when a hearing will be expedited and the interests of the parties will not be prejudiced substantially, any part of the evidence may be received in written form. Evidence. (2) Documentary evidence may be received in the form of copies or excerpts if the original is not readily available. Upon request, and at the discretion of the Hearing Officer or Board, parties shall be given an opportunity to compare the copy with the original. (3) A party may conduct such cross-examination as shall be required for a full and true disclosure of the facts. (4) Official notice may be taken of judicially recognizable facts. In addition, official notice may be taken of technical facts within the Board's specialized knowledge. Parties shall be notified either before or during the hearing, by reference in preliminary reports or otherwise, of the material officially noticed, including any staff memoranda or data, and they shall be afforded an opportunity to contest the material so noticed. The Board's experience, technical competence, and specialized knowledge may be utilized in the evaluation of the evidence.

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(e) With respect to hearings at which the Board did not preside at the reception of the evidence, the Hearing Officer who presided shall, within thirty (30) days from the close of the evidence or, if necessary, a longer period of time approved by the Board, certify the entire record to the Board for decision. On review of the entire record from the Hearing Officer, the Board shall have all the powers it would have in presiding at the reception of the evidence, including the review of any motions granted or denied by the Hearing Officer, and including the review of any action taken by the Hearing Officer. In its discretion, the Board may take additional testimony or remand the matter to the Hearing Officer for such purpose. When the Board makes its decision without having presided at the reception of the evidence, the Hearing Officer shall first recommend a decision, a copy of which shall be sent to each party and which shall be made a part of the record before the Board. Hearing officer. (f) Unless precluded by law, informal disposition may be made of any proceeding before the Board or Hearing Officer by stipulation, agreed settlement, consent order or default. Informal disposition. (g) As a part of its decision or order subsequent to any hearing, the Board shall include findings of fact and conclusions of law, separately stated, and the effective date of the decision or order. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. Copies of the Board's decision or order shall be mailed to all parties of record. Findings. (h) Any party, including the State and any State board, bureau, commission or department, who has exhausted all administrative remedies available before the Board and who is aggrieved by a final decision or order of the Board on any hearing may seek judicial review of the final decision or order of the Board in the Superior Court of county of the place of employment of the employee. Judicial review. (i) Proceedings for review shall be instituted by filing a petition with the court within thirty (30) days after the decision or order is rendered. Copies of the petition shall be

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served upon the Board and all parties of record. The petition shall state the nature of the petitioner's interest, the facts showing that petitioner is aggrieved by the decision of the Board, and the grounds upon which petitioner contends the decision or order should be reversed or remanded. The petition may be amended with leave of court. Petition. (j) Within thirty (30) days after the service of the petition, or within further time allowed by the court, the Board shall transmit to the reviewing court the original or a certified copy of the entire record of the proceeding under review. By stipulation of all parties to the review proceeding, the record may be shortened. A party unreasonably refusing to stipulate to limit the record may be taxed by the court for the additional costs. The court may require or permit subsequent corrections or additions to the record. Record. (k) The filing of the petition shall stay the enforcement of the Board's decision or order. Stay. (l) If, before the date set for hearing the appeal by the Superior Court, application is made to the court for leave to present additional evidence, and it is shown to the satisfaction of the court that the additional evidence is material and there were good reasons for failure to present it in the proceedings before the Board, the court may order that the additional evidence be taken before the Board upon conditions determined by the court. The board may modify its findings and decision or order by reason of the additional evidence and shall file that evidence and any modifications, new findings, or decisions and orders with the reviewing court. Additional evidence. (m) The review shall be conducted by the court without a jury and shall be confined to the record. The court shall not substitute its judgment for that of the Board as to the weight of the evidence on questions of fact. The court may affirm the decision or order of the Board or remand the case for further proceedings. The court may reverse the decision or order of the Board if substantial rights of the petitioner have been prejudiced because the Board's findings, inferences, conclusions, decisions or orders are: Review.

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(1) In violation of constitutional or statutory provisions; (2) In excess of the statutory authority of the Board; (3) Made upon unlawful procedure; (4) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or (5) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion. (n) A party aggrieved by an order of the court in a proceeding authorized under this section may appeal to the Supreme Court of Georgia or the Court of Appeals of Georgia in accordance with an Act approved February 19, 1965 (Ga. L. 1965, p. 18), as now or hereafter amended. Appeal. Section 2. If any part, section, sentence, clause or phrase of this Act is declared or adjudged unconstitutional or void, the General Assembly hereby declares that it would have enacted the remaining parts, sections, sentences, clauses or phrases and they shall be considered severable and not affected thereby. Severability. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval and shall be applicable to all hearings initiated after this Act becomes effective. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 13, 1975. STATE EMPLOYEESPROVISIONS RELATIVE TO EMPLOYMENT PHYSICAL EXAMINATIONS CHANGED. No. 80 (House Bill No. 818). An Act to amend an Act providing for a physical examination as a prerequisite for employment by the State, approved

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March 17, 1956 (Ga. L. 1956, p. 808), as amended, by an Act approved March 7, 1960 (Ga. L. 1960, p. 189), and by an Act approved March 3, 1962 (Ga. L. 1962, p. 541), so as to change the provisions relative to requiring a physical examination; to provide for certain certification by the State Employees' Health Service; 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 a physical examination as a prerequisite for employment by the State, approved March 17, 1956 (Ga. L. 1956, p. 808), as amended, particularly by an Act approved March 7, 1960 (Ga. L. 1960, p. 189), 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. No person who is otherwise qualified shall be employed by the State or any department or agency thereof, in any capacity, unless he shall furnish to the department or agency head within a prescribed number of calendar days from the date of appointment a certificate of the State Employees' Health Service of the State Department of Human Resources to the effect that the person meets the standards of medical and physical fitness prescribed for the position to which he is being appointed. Section 2. Said Act is further amended by striking subsections (b) and (e) of section 2 in their entirety and substituting in lieu thereof new subsections (b) and (e), respectively, to read as follows: (b) If a physical examination is required by the State Employees' Health Service, a physician in the employ of the State, where feasible, or a licensed physician of the applicant's choice and at the applicant's expense shall make a physical examination of the person about to be appointed to a position in the State's service, and report the findings of fact on the prescribed forms to the State Employees' Health Service of the State Department of Human Resources which shall act as the State's Medical Consultant.

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(e) The certification of the State Employees' Health Service required by section 1 of this Act shall be completed before disbursement of salary to an affected employee, provided, however, that if a physical examination is required by the State Employees' Health Service, a prescribed number of calendar days from date of appointment shall be allowed for the physical examination and the reporting of the results thereof to the Appointing Authority. Section 3. Said Act is further amended by striking from section 3 the words, examining physician and inserting in lieu thereof the words, State Employees' Health Service so that when so amended, section 3 shall read as follows: Section 3. The State department or agency shall furnish to the applicant the physical requirements of the employment, in such manner as to enable the State Employees' Health Service to ascertain the physical capacity of the applicant to fulfill the requirements of the employment. Section 4. Said Act is further amended by striking the word The where it appears at the beginning of section 4 and inserting in lieu thereof the following: If a physical examination is required by the State Employees' Health Service, the, so that when so amended, section 4 shall read as follows: Section 4. If a physical examination is required by the State Employees' Health Service, the examining physician shall make a report in triplicate certifying that he has examined the applicant and whether or not found any disability that would impair the fulfillment of the prescribed duties of his employment. Additional confidential medical information should be given only with the consent of the applicant. The examining physician shall furnish the person examined one copy, the department or agency head one copy and shall furnish one copy to the State Personnel Board. Such report shall be made a part of the employment record of the applicant. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 13, 1975.

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PROVISIONS RELATIVE TO STATE PERSONNEL BOARD REVISED, ETC. No. 81 (Senate Bill No. 131). An Act to completely and exhaustively revise, supersede and consolidate the laws relating to the State Personnel Board and the State Merit System of Personnel Administration; to provide for a declaration of purpose; to define certain terms; to prescribe the functions, powers and duties of the Board; to provide for the compensation of the members of the Board; to prescribe the duties and responsibilities of the Commissioner; to provide for the appointment of the Commissioner; to provide for financing the State Merit System; to provide for a classified and unclassified service; to provide Merit System coverage of legislative employees; to provide for employee appeals procedures for adverse actions; to provide for payroll certification procedures; to provide for action by the State Auditor on payroll exceptions; to provide for operational audits of the State Merit System; to provide for the submission of statistical data to the State Merit System by departments; to provide for an Advisory Council for Personnel Administration; to provide for continued rights of State Merit System personnel; to provide for penalties; to provide for severability; to provide an effective date; to repeal a specific law; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Declaration of Purpose. (a) It is the purpose of this Act to establish in the State a system of personnel administration based on merit principles and scientific methods governing the classification of positions and the employment, conduct, movement and separation of public officers and employees. It is also the purpose of this Act to build a career service in government which will attract, select and retain the best of our citizens on merit, free from coercive political influences, with incentives in the form of equal opportunities for promotions in the service, which will eliminate unnecessary and inefficient employees and which

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will provide technically competent and loyal personnel to render impartial service to the public at all times, and to render such service according to the dictates of ethics and morality. (b) In order to achieve these purposes, it is the declared policy of the State that the Merit System hereby established be applied and administered in accordance with the following principles: (1) Equal opportunity for all regardless of race, color, sex, age, national origin, physical handicap, political or religious opinions or affiliations. No person shall be discriminated against in any case because of any physical handicap in examination, appointment, reinstatement, reemployment, promotion, transfer, demotion or removal with respect to any position the duties of which, in the opinion of the Commissioner, may be efficiently performed by a person with such a physical handicap; provided that the employment will not be hazardous to the appointee or endanger the health or safety of his fellow employees or others. Policy. (2) Impartial selection of the best qualified person for government service by means of competitive tests which are fair, objective, practical and predictive of or significantly correlated with important elements of work behavior which comprise or are relevant to the position or positions for which such persons are being evaluated. (3) Equal opportunity for competent employees to be promoted within the service. (4) Reasonable job security for the competent employee, including the right of appeal from adverse personnel actions. (5) Systematic classification of all positions through adequate job evaluation. (6) Proper balance in employer-employee relations to achieve a well-trained, productive and happy working force. Section 2. Definitions. (a) The following terms shall have the meanings respectively ascribed to them when used

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in this Act for the purposes of this Act, unless the content clearly requires a different meaning: (1) Classified service means all employees of State departments as defined herein, and of local Departments of Health, and County Departments of Family and Children Services, Director of the Georgia Forestry Commission, and local employees of the Department of Defense as defined by law, except those officers and employees excluded by this Act. (2) Unclassified service means the following officers and employees excluded from the classified service by this Act: (i) members of the General Assembly; (ii) persons elected or appointed by the General Assembly, employees of the General Assembly, officials and employees of the Department of Audits and the Legislative Counsel, except as otherwise provided herein; (iii) officers, officials and employees comprising the Executive Office of the Governor, except those officers, officials and employees already covered by the State Merit System by law or executive order; (iv) officers, officials and employees comprising the Office of the Lieutenant Governor, except as otherwise provided herein; (v) officers and officials elected by popular vote and persons appointed to fill vacancies in elective offices; (vi) members of boards and commissions appointed by the Governor or the General Assembly; (vii) the heads of departments or agencies appointed by boards or commissions appointed by the Governor or the General Assembly, except where specifically included; (viii) justices, judges, officials, officers and employees of the judicial branch;

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(ix) members, the Chancellor and Vice Chancellors of the Board of Regents and all officers, officials and employees of the State University System, except those officers, officials and employees already eligible to be covered by the State Merit System by law or executive order; (x) the officers, officials and employees of the State Department of Transportation, except those officers, officials and employees already eligible to be covered by the State Merit System by law or executive order; (xi) the officers, officials and employees of the Department of Law, except those officers, officials and employees already covered by the State Merit System by law or executive order; (xii) when a deputy or a confidential secretary is required by the head of a department, a deputy and a confidential secretary, provided that the Commissioner shall prescribe the conditions under which more than one deputy may be excluded; (xiii) the head of each department, bureau, commission or agency, including those assigned for administrative purposes only, may designate not more than five positions for inclusion in the unclassified service, provided said agency does not presently contain five unclassified full-time permanent managerial positions and provided further that the rights of classified employees shall not be abridged; (xiv) members of the military forces of the State while engaged in military service; (xv) members of Unemployment Compensation Boards of Review and appeals tribunals representing employer, employee and the general public interest; (xvi) State and local officials serving ex officio or emeritus and performing incidental duties; (xvii) members of other advisory councils, committees or similar bodies within the State Merit System;

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(xviii) part-time or temporary employees rendering medical, nursing or other professional, scientific or technical services who are not engaged in the performance of administrative duties under the Merit System; provided such employees meet the minimum requirements of education and experience established by the appointing authority and such employment is approved by the Commissioner; (xix) prisoners, inmate, student or patient help working in or about institutions; (xx) per diem employees engaged in skilled or unskilled work on a seasonal or intermittent basis, provided that the Commissioner has authorized such employment; (xxi) Commission and contract salesmen and hourly or per diem skilled and unskilled laborers working at the Factory for the Blind; (xxii) positions specifically excluded by law or those of a purely policy-making or confidential nature as recommended by the department head and approved by the Governor after consultation with the Commissioner; (xxiii) time-limited positions established for the purpose of conducting a specific study, investigation or project, subject to the approval of the Commissioner; (xxiv) additional positions of unique functions as may be authorized by the Commissioner. (3) Department and agency shall be synonymous and mean all separate and distinct divisions and subdivisions of State government whose heads are legally authorized to appoint employees to positions but shall not include authorities and public corporations. Department and agency shall include an agency assigned to a department for administrative purposes and shall also include local Departments of Public Health, County Departments of Family and Children Services and local employees of the Department of Defense.

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(4) Rules and regulations and Merit System rules and regulations mean the governing provisions of the State Merit System, as adopted by the State Personnel Board and approved by the Governor, which give force and effect to the policies of the State Personnel Board. (5) State Personnel Board policies means those policies adopted by the Board and approved by the Governor which describe the goals and objectives of the State personnel program and serve as a basis for the formulation and administration of the Merit System rules and regulations. (6) Position means a set of duties and responsibilities assigned or delegated by competent authority for performance by one person. (7) Positions of purely policy-making nature mean those positions charged with the primary responsibility and authority for the promulgation, implementation and enforcement of departmental policies. (8) State Personnel Board and Board are synonymous and mean the body authorized by Article XIV, Section I, Paragraph I of the Constitution of the State of Georgia. (9) Appointing authority means the person or groups of persons authorized by law or delegated authority to make appointments to fill positions. (10) Covered position means a position subject to the rules and regulations of the State Merit System. (11) Covered employee means an employee subject to the rules and regulations of the State Merit System. (12) Confidential position means a position which by its nature is entrusted with private or restricted information of a type which would preclude its inclusion in the classified service. (13) Department covered by the State Merit System means that a department has one or more covered positions

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or employees under the State Merit System of Personnel Administration. (14) State Commissioner of Personnel Administration and Commissioner mean the chief executive officer of the State Merit System who is responsible for administering the State personnel program in accordance with applicable State and federal laws and the policies of the State Personnel Board. (b) The rules of statutory construction contained in Code Chapter 102-1, relating to general provisions concerning the construction of statutes, as now or hereafter amended, shall apply to the provisions of this Act. Section 3. Employees in the Legislative Branch of Government. Any other provisions of this Act to the contrary notwithstanding, an employee of the legislative branch of government may become a covered employee in the manner as provided for hereinafter. As relates to employees in the Office of the Lieutenant Governor and employees of the Senate, its officers and its committees, the Lieutenant Governor shall act. As relates to employees in the Office of the Speaker of the House of Representatives and employees of the House, its officers and its committees, the Speaker of the House shall act. As relates to employees in the Office of the Secretary of the Senate, the Secretary of the Senate shall act. As relates to employees in the Office of the Clerk of the House of Representatives, the Clerk of the House shall act. As relates to employees in the Office of Legislative Counsel, the Legislative Counsel shall act. As relates to employees in the Office of the Legislative Budget Analyst, the Legislative Budget Analyst shall act. As relates to employees in the Office of Fiscal Officer, the Fiscal Officer shall act. The above officers or officials shall notify the State Merit System, in writing, the positions, employees or employee which are to become a covered position or covered employee under the provisions of this Act and the effective date thereof. On said date, the provisions of this Act as they relate to such covered employees shall apply. Section 4. Functions, Powers and Duties of the Board; Compensation of Members. (a) The State Personnel Board

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shall prescribe the general policies by which the State Merit System shall be administered. The Board shall hold regular meetings at least once each month and may hold additional meetings as may be required for the proper discharge of its duties. Members of the Board shall receive no salary but shall be reimbursed for their expenses in attending meetings and for transportation cost as authorized by an Act which provides for the compensation and allowances of certain State officials, approved April 13, 1973 (Ga. L. 1973, p. 701). (b) It shall be the specific duty and function of the State Personnel Board: (1) To represent the public interest in the improvement of personnel administration in the State departments covered by the State Merit System. (2) To determine appropriate goals and objectives for the State Merit System and prescribe policies for their accomplishment. (3) After public hearings, to adopt and amend policies, rules and regulations effectuating the State Merit System of Personnel Administration subject to approval by the Governor. The rules and regulations of the State Personnel Board in effect on the effective date of this Act shall remain in effect until amended, changed, modified or repealed by the Board. (4) To conduct hearings and render decisions on dismissals and other purported violations of the rules and regulations in the several departments which are included in the career service, with the provision that the State Personnel Board is authorized to appoint a hearing officer(s) for the purpose of holding hearings, compiling evidence and submitting said evidence to the State Personnel Board for its determination and for making investigations on behalf of the Board relating to personnel matters. All appeals determinations of the Board shall be written and documented as to findings of fact, basis for decisions and prescribed remedies.

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(5) To assure the administration of State and federal laws relating to State personnel administration. (6) To establish an annual budget covering all the costs of State Personnel Board operations, said budget to be incorporated as a component of the annual budget of the State Merit System. (7) To promote public understanding of the purposes, policies and practices of the State Merit System of Personnel Administration and to advise and assist the several State departments in fostering merit selection and securing the interest of institutions of learning and of civic, professional and other organizations in the improvement of personnel standards under the State Merit System. Section 5. State Commissioner of Personnel Administration. (a) There is hereby created the position of State Commissioner of Personnel Administration. The Commissioner shall be appointed by the Governor after consultation with the State Personnel Board, subject to confirmation by the Senate. The Governor shall fix the compensation of the Commissioner who shall serve at the pleasure of the Governor. (b) The duties and responsibilities of the Commissioner shall be: (1) To serve as Executive Secretary to the Board, to attend meetings as directed by the Board, and to provide such professional, technical and other supportive assistance as may be required by the Board in the performance of its duties. (2) Consistent with Board policy, to administer the operations of the State Merit System and to otherwise act in the capacity of chief executive officer of the State personnel administration program. (3) To submit to the Governor the rules and regulations adopted by the State Personnel Board effectuating the State Merit System. Such Merit System rules and regulations,

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when approved by the Governor, shall have the force and effect of law and shall be binding upon the State departments covered by this Act and shall include provisions for the establishment and maintenance of classification and compensation plans, the conduct of examinations and the establishment of registers of persons eligible for appointment under the Merit System, the certification of eligible persons, appointments, promotions, transfers, demotions, separations, tenure, reinstatement, appeals, reports of performance, payroll certification, employee training and all other phases of Merit System administration. Such rules and regulations shall define and prohibit improper political activity by any departmental employee of the State Personnel Board or any employee covered under the terms of the State Merit System and shall provide that there shall be no discrimination for or against any person or employee in any manner, to include but not be limited to, hiring, discharge, compensation, benefits, terms or conditions of employment, promotion, job classification, transfer, privileges or demotion, because of political affiliation, religious affiliation, race, creed, national origin, sex, age or physical handicap. (i) The rules and regulations shall conform to the minimum standards for merit systems of personnel administration as specified by those federal departments from which federal funds are obtained for use by the several State departments covered by this Act. (ii) Compensation plans and modifications thereto promulgated under the rules and regulations shall become effective as adopted, upon approval of the Director of the State Office of Planning and Budget. (4) To administer the rules and regulations and all other operational aspects of the State Merit System and to assure compliance therewith in all the departments covered by the State Merit System. (5) To appoint and prescribe the duties of the Merit System staff, all positions of which shall be included in the classified service except as otherwise provided in this Act.

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(6) To establish an annual budget covering all the costs of operating the State Merit System of Personnel Administration, including the State Personnel Board, and the costs of administering such federal laws relating to personnel administration as the Governor may direct, including the Intergovernmental Personnel Act of 1970, and to determine an equitable basis of prorating said annual costs among the several departments covered by the State Merit System of Personnel Administration; provided that upon approval of such budget by the Governor, he shall be empowered to direct that the necessary pro rata share of the several assessed departments concerned be made available for expenditure by the State Merit System in the same manner as appropriated funds are expended by other departments of the State. (7) To insure compliance with all applicable State and federal statutes and regulations concerning discrimination in employment, personnel administration and related matters. (8) To cooperate with appointing authorities in the administration of this Act in order to promote public service and establish conditions of service which will attract and retain employees of character and capacity and to increase efficiency and economy in governmental departments by the improvement of methods of personnel administration with full recognition of the requirements and needs of management. Section 6. Classified and Unclassified Service. (a) The classified service, as defined by section 2 of this Act, shall consist of all positions now existing in the State departments or hereafter established, except those included in the unclassified service by law. Such classified positions shall be covered by the State Merit System. Further, any officer or employee who has acquired a valid permanent status under the State Merit System existing on the effective date of this Act shall continue in such status and shall not be required to take further or new examinations in order to retain such status. Further, no position now existing or hereafter established shall be excluded from the classified

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service by this Act, except as provided for in this Act. When a department head certifies to the Governor that any position in his department which is in the unclassified service is no longer a position of responsibility consisting primarily of confidential, policy-making or high level executive functions, the Governor may, by executive order and after consultation with the Commissioner, place and position in the classified service. (b) The unclassified service, as defined by section 2 of this Act, shall consist of all positions in the departments of State government not included in the classified service under this Act and shall not be subject to the rules and regulations of the State Merit System, with the provision that no position now existing which is covered by the State Merit System shall be excluded from the classified service by this Act, unless otherwise provided in this Act. (c) Exclusion from the classified service shall not exclude any employee, officer or official from eligibility for membership or membership in the Employees' Retirement System of Georgia; provided that such employee, officer or official is otherwise eligible for membership under the Act governing the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. L. 1949, p. 138), as amended. (d) A classified employee may, with the consent of the head of the Department and the concurrence of the Commissioner, be placed on a leave of absence for purposes of accepting an assignment in the unclassified service for a period not to exceed five years. An employee on such a leave of absence shall be entitled to reemployment in the classified position from which the leave was granted throughout the period of such authorized leave, subject to rules adopted by the Board. Section 7. Adverse Actions, Appeals and Hearings. (a) No employee of any department who is included under this Act or hereafter included under its authority and who is subject to the rules and regulations prescribed by the State Merit System may be dismissed from said department or otherwise adversely affected as to compensation or employment

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status except for good cause as shall be specified in the rules and regulations of the State Merit System; provided, however, that this provision shall not apply to persons separated from any department due to curtailment of funds or reduction in staff when such separation is in accordance with said rules and regulations. The decision of the Board on such an appeal as to whether or not the dismissal or other adverse action was for proper cause and in accordance with the rules and regulations prescribed by the State Merit System shall be binding upon the appointing authority of the employing department. The Board may modify the action of the department but may not increase the severity of such action on the employee. Such appointing authority shall promptly comply with such order as may be issued as a result of the appeal to the State Personnel Board. The decision of the Board shall not limit the rights of the employee or the department to judicial review as to errors of law. (b) As provided in section 4(b) of this Act, the State Personnel Board is authorized to employ a hearing officer(s) for the purpose of holding hearings and otherwise assisting in the resolution of appeals. Section 8. Certification of Payrolls; Departmental Statistical Data. (a) A copy of the payroll(s) of each department covered by this Act shall be submitted to the Commissioner in the form and manner prescribed by the Commissioner within 30 calendar days following each payroll period, except for those payrolls of local Departments of Health and County Departments of Family and Children Services in which case a 60-calendar-day submission deadline will be applicable. The Commissioner shall review the payroll for conformity with State Merit System rules and regulations and certify whether the payroll conforms to the said rules and regulations within 60 calendar days after its receipt. Practices and procedures not in accordance with the rules and regulations shall be forwarded as payroll exceptions to the concerned department and the State Auditor, who shall treat such exceptions in the same manner as all other audit exceptions. (b) In order to furnish the Governor, the General Assembly

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and the general public with statistical information which can be used in planning departmental programs and budgeting, each official required under present law to submit a quarterly budget to the State Office of Planning and Budget shall submit such payroll and other essential personnel data as may be prescribed and approved by the Governor to the Commissioner, who shall compile and consolidate reports pertaining to the number of personnel, salaries, length of service, type of work, distribution of employees by departments and other pertinent personnel information. Section 9. Performance Audit of Merit System Operations. The State Auditor shall perform periodic operational audits of State Merit System operations. Such audits shall be performed at the request of the Governor, Commissioner or General Assembly; provided, however, that at least one such audit shall be conducted every four years. Reports of audit findings shall be filed with the Board, Commissioner, Governor and members of the General Assembly. In conducting these audits, the State Auditor shall seek the advice of the officers of the Council for State Personnel Administration and of the personnel officers of the State departments regulated and served by the Merit System. Audit reports shall specify areas of State Merit System strengths and weaknesses, recommendations for system improvements and such other quantitative data as may be beneficial. Section 10. Council for State Personnel Administration. (a) There is hereby created an Advisory Council for Personnel Administration. The objectives of the council shall be: (1) to promote improvements in the personnel program in State government; (2) to provide a forum for the interchange of information relating to the State personnel program; (3) to serve as a channel through which the operating agencies may express their opinions on matters affecting State personnel;

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(4) to seek equitable interpretation and application of the laws, rules, regulations, policies and procedures which affect State personnel management and administration; (5) to strive for professional consensus, consistent with the democratic process, in all actions which it may undertake. (b) The council shall be composed of the personnel officers of the several departments and agencies and such other persons as may be provided for by rules adopted by the Board. Section 11. Rights of State Merit System Personnel Continued. Unless otherwise provided in this Act each Merit System officer or employee in a classified position affected by this Act shall be entitled to all rights which he possessed as a Merit System officer or employee in a classified position before the effective date of this Act, including all rights of rank or grade, rights to vacation, sick pay and leave, payment for accumulated annual leave, rights under any retirement or personnel plan, and any other rights under any law or administrative policy. This Section is not intended to create any new rights for any Merit System officer or employee but to continue only those rights in effect before the effective date of this Act. The Merit System Director shall be continued as acting State Commissioner of Personnel Administration until a Commissioner is appointed pursuant to section 5 of this Act. Section 12. Penalties. (a) Any person who knowingly and willfully violates any provision of this Act or the rules and regulations promulgated hereunder shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor. (b) Any person convicted of a misdemeanor under the provisions of this Act shall, in addition to any punishment prescribed therefor, for a period of five years thereafter, be ineligible for appointment to or employment in a position in the State service. Section 13. Severability. In the event any section, subsection,

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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 14. Effective Date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 15. Specific Repealer. An Act completely and exhaustively revising, superseding and consolidating the laws relating to the State Personnel Board and the State Merit System of Personnel Administration, approved March 10, 1971 (Ga. L. 1971, p. 45), as amended by an Act approved April 10, 1971 (Ga. L. 1971, p. 832), is hereby repealed in its entirety. Section 16. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 13, 1975. EDUCATIONFUNDS MAY BE USED FOR CERTAIN EXTRACURRICULAR ACTIVITIES, ETC. Code 32-942 Amended. No. 82 (Senate Bill No. 6). An Act to amend Code section 32-942, relating to the keeping of school funds separate from other funds, as amended by an Act approved April 25, 1969 (Ga. L. 1969, p. 721), so as to provide that said funds may be used for certain

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extracurricular athletic and interscholastic activities; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 32-942, relating to the keeping of school funds separate from other funds, as amended by an Act approved April 25, 1969 (Ga. L. 1969, p. 721), is hereby amended by striking the following: and none other, and inserting in lieu thereof the following: and may be used to pay the salaries of personnel and to pay for the utilization of school facilities, including school buses, for extracurricular and interscholastic activities, including literary events, music and athletic programs within individual schools and between schools in the same or in different school systems when such activities are sponsored by local boards of education as an integral part of the total school program, and for no other purpose, so that, when so amended, said Code section shall read as follows: 32-942. When said common school fund shall be received and receipted for, it shall be the duty of the officers authorized by law to receive such fund and keep the same separate and distinct from other funds; and said funds shall be used for educational purposes and may be used to pay the salaries of personnel and to pay for the utilization of school facilities, including school buses, for extracurricular and interscholastic activities, including literary events, music and athletic programs within individual schools and between schools in the same or in different school systems when such activities are sponsored by local boards of education as an integral part of the total school program, and for no other purpose, and when taxes are paid into the Treasury of the State the Comptroller General shall in no case receipt a tax collector for the same until that part of the tax so paid in, which was raised for school purposes, is separated in amount from the gross amount paid in. It shall

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be lawful to invest school funds in securities of the states, United States, municipalities of this State, or certificates of deposit. Code 32-942 amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 13, 1975. REVENUEFAIR MARKET VALUE OF PROPERTY DEFINED. Code 92-5702 Amended. No. 84 (Senate Bill No. 105). An Act to amend Code section 92-5702, relating to the meaning of fair market value, as amended, so as to provide that the tax assessors shall consider certain criteria in determining fair market value of real property, to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 92-5702, relating to the meaning of fair market value, as amended, is hereby amended by striking said Code section in its entirety and inserting in lieu thereof a new Code section 92-5702, to read as follows: 92-5702. `Fair market value', meaning of. The intent and purpose of the tax laws of this State are to have all property and subjects of taxation returned at the value which would be realized therefrom by cash sale, as such property and subjects are usually sold, but not by forced sale thereof, and the words `fair market value', when used in the tax laws, shall be held and deemed to mean what the property and subjects would bring at cash sale when sold in the manner in which such property and subjects are usually sold. The tax assessors, in determining the fair market value of real property, shall consider the following criteria: Code 92-5702 amended.

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(a) existing zoning of property; (b) existing use of property; (c) existing covenants or restrictions in deed dedicating the property to a particular use; or (d) any other factors deemed pertinent in arriving at fair market value. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1975. PHARMACISTSQUALIFICATION OF APPLICANTS FOR REGISTRATION CHANGED. Code 79A-402 Amended. No. 85 (Senate Bill No. 127). An Act to amend Code section 79A-402, relating to qualifications of applicants for registration as pharmacists, as amended, so as to change the qualifications of applicants for registration as pharmacists; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 79A-402, relating to qualifications of applicants for registration as pharmacists, as amended, is hereby amended by striking said Code section 79A-402 in its entirety and inserting in lieu thereof a new Code section 79A-402, to read as follows: 79A-402. No person shall be entitled to receive a license as a pharmacist unless he shall possess the following qualifications: Code 79A-402 amended. a. Be a natural born or naturalized citizen of the United States;

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b. Be at least the legal age of majority; c. Be a graduate of a generally recognized school or college of pharmacy, as the same may be defined by the Board; d. Have such practical experience as may be prescribed by the Board: Provided, however, that any person who shall have been a student in a generally recognized school or college of pharmacy prior to July 1, 1967, shall be required to have only such practical experience as may have been required by law or the State Board of Pharmacy prior to that date; e. Has successfully passed an examination administered by the State Board of Pharmacy. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1975. ROADSAUTHORITY PROVIDED FOR CERTAIN OCCUPATION BY RAPID TRANSIT AUTHORITIES, ETC. Code 95A-302 Amended. No. 86 (Senate Bill No. 250). An Act to amend an Act approved April 18, 1973, known as the Georgia Code of Public Transportation (Ga. L. 1973, p. 947), as amended, particularly by an Act approved March 28, 1974 (Ga. L. 1974, p. 1422), so as to provide that the Department of Transportation may contract to allow rapid transit authorities created by the General Assembly to plan, design and construct certain portions of the State Highway System; to provide that the Department of Transportation may grant to rapid transit authorities

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created by the General Assembly the right to occupy or traverse portions of the right-of-way of roads on the State Highway System; to provide for the termination of those rights upon specified occurrences; to provide for other matters; 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 April 18, 1973, known as the Georgia Code of Public Transportation (Ga. L. 1973, p. 947), as amended, particularly by an Act approved March 28, 1974 (Ga. L. 1974, p. 1422), is amended by adding the following language to the end of subsection (a) of section 95A-302: and provided further, that by contract the Department of Transportation may authorize and require any rapid transit authority created by the General Assembly to plan, design and construct, at no cost to the Department and subject to the Department's review and approval of design and construction, segments of the State Highway System necessary to replace those portions of the System which the rapid transit authority and the Department agree must be relocated in order to avoid conflict between the rapid transit authority's facilities and the State Highway System; so that when so amended subsection (a) of section 95A-302 shall read as follows: (a) Responsibility for State Highway System and other work. The Department shall plan, designate, improve, manage, control, construct, and maintain a State Highway System and shall have control of and responsibility for all construction, maintenance, or any other work upon the State Highway System and all other work which may be designated to be done by the Department by the provision of this Title or of any other law: Provided, that on those portions of the State Highway System lying within the corporate limits of any municipality the Department shall be required to provide only substantial maintenance activities and operations, including but not limited to reconstruction and major

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resurfacing, reconstruction of bridges, erection and maintenance of official Department signs, painting of striping and pavement delineators, furnishing of guardrails and bridge rails, and other major maintenance activities; and provided further, that by contract the Department of Transportation may authorize and require any rapid transit authority created by the General Assembly to plan, design and construct, at no cost to the Department and subject to the Department's review and approval of design and construction, segments of the State Highway System necessary to replace those portions of the System which the rapid transit authority and the Department agree must be relocated in order to avoid conflicts between the rapid transit authority's facilities and the State Highway System; Code 95A-302 amended. Section 2. Said Act is further amended by adding to section 95A-302 a new subsection which shall follow the existing subsection (r), shall be designated as subsection (s) and shall read as follows: (s) The provisions of Chapter 95A-6 and section 95A-936 of this Act notwithstanding, the Department of Transportation may by contract grant to any rapid transit authority created by the General Assembly, under such terms and conditions as the Department may deem appropriate, the right to occupy or traverse a portion of the right-of-way of any road on the State Highway System by or with its mass transportation facilities. Regardless of any financial expenditures by the rapid transit authority, no right of use granted under this subsection shall merge into or become a property interest of the rapid transit authority. Upon the transfer of the title of the mass transportation facilities to private ownership, or upon the operation of the rapid transportation facilities for the financial gain of private persons, such rights granted by the Department shall automatically terminate and all rapid transportation facilities shall be removed from the rights-of-way of the State Highway System. Code 95A-302 amended. Section 3. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no

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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. 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 18, 1975. GEORGIA RETAILERS' AND CONSUMERS' SALES AND USE TAX ACT AMENDEDDEDUCTION PROVISIONS CLARIFIED. No. 87 (House Bill No. 493). 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, particularly by an Act approved January 30, 1964 (Ga. L. 1964, p. 57), an Act approved March 27, 1965 (Ga. L. 1965, p. 321), and an Act approved March 16, 1966 (Ga. L. 1966, p. 505), so as to clarify the provisions of existing law which allow to each dealer a deduction equal to three percent (3%) of the amount of tax due under said Act; to provide a declaration of legislative intent; 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, particularly by an Act approved January 30, 1964 (Ga. L. 1964, p. 57), an Act approved March 27, 1965 (Ga. L. 1965, p. 321), and an Act

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approved March 16, 1966 (Ga. L. 1966, p. 505), is hereby amended by striking in its entirety that paragraph of subsection (b) of section 16, which reads as follows: For the purpose of compensating the dealer for collecting, accounting for and remitting the tax levied by this Act, such dealer shall be allowed three per cent (3%) of the amount of the tax due and accounted for and remitted to the Commissioner in the form of a deduction in submitting his report and paying the amount due by him; provided the amount due was not delinquent at the time of payment. and inserting in lieu therefor the following paragraph: In reporting and paying the amount of tax due under this Act, each dealer shall be allowed a deduction equal to three percent (3%) of such amount; provided that the amount due was not delinquent at the time of payment. Deduction. Section 2. The General Assembly declares that this legislation is intended as a clarification of existing law and not as a change in the present law. Sectin 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1975. ROADSCOMMISSIONER OF TRANSPORTATION, ETC, MAY ALSO SERVE AS STATE HIGHWAY ENGINEER. Code 95A-310 Amended. No. 89 (House Bill No. 893). An Act to amend an Act approved April 18, 1973, known as the Georgia Code of Public Transportation (Ga. L. 1973, p.

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947), as amended by an Act approved March 21, 1974 (Ga. L. 1974, p. 533) and an Act approved March 28, 1974 (Ga. L. 1974, p. 1111) and an Act approved March 28, 1974 (Ga. L. 1974, p. 1442) so as to authorize the Commissioner of Transportation or the Deputy Commissioner of Transportation to simultaneously serve as State Highway Engineer; to provide for the appointment, confirmation, qualifications, and remuneration of the State Highway Engineer under the foregoing circumstances; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act approved April 18, 1973, known as the Georgia Code of Public Transportation (Ga. L. 1973, p. 947), as amended by an Act approved March 21, 1974 (Ga. L. 1974, p. 533) and an Act approved March 28, 1974 (Ga. L. 1974, p. 1111) and an Act approved March 28, 1974 (Ga. L. 1974, p. 1422) is hereby amended by adding to the end of section 95A-310 a new subsection (d) to read as follows: (d) Combined positions. Any provision of the Georgia Code of Public Transportation (Ga. L. 1973, p. 947, as amended) or of any other statue or of any rule or regulation to the contrary notwithstanding, the Commissioner or the Deputy Commissioner may, in addition to occupying either of the aforesaid positions, also simultaneously serve as State Highway Engineer, provided that he shall be appointed and confirmed and shall possess the qualifications as prescribed in section 95A-310 (b). A Commissioner or Deputy Commissioner simultaneously serving as State Highway Engineer shall be paid, for the discharge of all his duties, the sum to which he is entitled as Commissioner or Deputy Commissioner.. Code 95A-310 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. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1975. CONVEYANCE OF EASEMENT IN CERTAIN CHATHAM COUNTY LAND TO MARCONA TERMINAL COMPANY AUTHORIZED. No. 3 (Senate Resolution No. 108). A Resolution. Authorizing the Governor, for and on behalf of the State of Georgia, to grant and convey to Marcona Terminal Company, a Nevada corporation, its successors and assigns, including Savannah Port Authority, a body corporate and politic created by Act of the Georgia General Assembly, an easement over, under, across and through certain property owned or claimed by the State of Georgia and located in Chatham County, Georgia, for the construction, installation, operation, maintenance, repair, replacement of berthing, docking and storage facilities and improvements, including a conveyor system, and for navigational dredging, to be used in connection with the receiving, storage and transshipment of various products, to be built over, under, across or through such State-owned or claimed properties; and for other purposes. Whereas, Marcona Terminal Company, a Nevada corporation, is the owner of an estate for a term for years of a tract of land in Chatham County, Georgia, on which it proposes to construct a manufacturing, handling and processing plant, in connection with which it intends to receive and dispatch water borne cargos, thereby requiring berthing, docking and storage facilities and improvements, including a conveyor system; and Whereas, the proposed facilities are to be located adjacent to the property of Marcona Terminal Company on

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certain property owned or claimed by the State of Georgia in Chatham County, Georgia; and Whereas, Marcona Terminal Company now holds a recovable permit from the State of Georgia for such facilities as well as the requisite permits from the U. S. Army Corps of Engineers for the construction and maintenance thereof; and Whereas, Savannah Port Authority, a body corporate and politic created by Act of the Georgia General Assembly, has arranged for financing the construction of such facilities through the issuance of bonds, in connection with which the title of Marcona Terminal Company to its property and its easement from the State will be conveyed to Savannah Port Authority; and Whereas, except as provided by legislative act, the State of Georgia may grant only a revocable license for the construction and maintenance of such improvements and facilities under, over, through or across State-owned properties, for any term exceeding one year; and Whereas, it is deemed beneficial to the State of Georgia for such facilities to be established, and the State of Georgia is willing to grant and convey an irrevocable easement in consideration of the monetary sum specified herein and for the further consideration of the easement containing such terms and conditions as the Governor shall determine to be in the best interests of the State of Georgia. Now, therefore, be it resolved by the General Assembly of Georgia that for and in consideration of the premises and the payment into the General Treasury of the State of Georgia of the sum of $1,000.00, the Governor of Georgia, for and on behalf of the State of Georgia, is hereby authorized to convey to Marcona Terminal Company, a Neveda corporation, its successors and assigns, specifically including Savannah Port Authority, a body corporate and politic created by Act of the Georgia General Assembly, an easement for the term of 25 years with the right and privilege for itself, its successors and assigns,

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to use, occupy, employ and enjoy for the purposes of constructing, installing, operating, maintaining, repairing, removing and replacing berthing, docking and storage facilities and improvements, including a conveyor system and all facilities and improvements that shall be reasonably for or in connection therewith, and of dredging the river bottom for navigational purposes, across, under, over and through the bed or bottom of the Savannah River and the inter-tidal area on the South bank thereof, hereinafter more fully described, subject always to their initial and continuing compliance with all applicable laws pertaining to the subject matter hereof and to the properties affected hereby and subject always to the use and enjoyment by the public of any streams involved herein, the property subject to said easement being more particularly described as follows: ALL that portion of river bottom and inter-tidal land situate, lying and being in Chatham County, Georgia, and being described as follows: Beginning at a point designated as X = 850,426.37 Y = 759,488.88 according to the Georgia State Plane Grid System, East Zone, and running thence North 70 04[UNK] East along the South edge of the Channel of Savannah River (as now designated by the U. S. Army Corps of Engineers) a distance of 1,525.0 feet to a point; running thence South 19 56[UNK] East a distance of 350 feet, more or less, to a point on the mean high water mark on the South bank of Savannah River; running thence in a westerly direction along the mean high water mark of the South bank of Savannah River a distance of 1,000 feet, more or less, to a point on the eastern side of the mouth of a drainage ditch; running thence in a southeasterly direction along the eastern bank of said drainage ditch a distance of 190 feet, more or less; running thence across said drainage ditch in a southwesterly direction a distance of 20 feet, more or less; running thence in a northwesterly direction along the western bank of said drainage ditch a distance of 200 feet, more or less, to a point on the mean high water mark on the South bank on the Savannah River; running thence in a westerly direction along the

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mean high water mark of the South bank of the Savannah River a distance of 500 feet, more or less, to a point on said mean high water mark which lies on a line South 19 56[UNK] East from the point of beginning as hereinabove established; running thence North 19 56[UNK] West a distance of 425 feet, more or less, to the point of beginning. All as will more fully appear by reference to that certain plat of said property dated January 23, 1975, made by Thomas Hutton Engineering Company, entitled Plat of an Easement from Georgia Properties Commission to Marcona Terminal Company, et al, a copy of which is in the files of the Commissioner of the Department of Natural Resources, and to which reference is hereby expressly made. The right to dredge the river bottom within the easement area shall, within the scope of the permits heretofore or hereafter granted by the U. S. Army Corps of Engineers, be for the purpose only of improving navigation. In the event on April 1, 1975, a State Properties Commission is in existence, such Commission is hereby authorized to grant the interest herein provided. Approved March 18, 1975. MUNICIPAL ELECTRIC AUTHORITY ACT. No. 90 (House Bill No. 31). An Act to create the Municipal Electric Authority of Georgia as an institution of purely public charity performing an essential governmental function; to authorize the Authority, as sole owner or in common with others, to acquire, construct, improve, equip, alter, repair, operate, and maintain public projects embracing generation and transmission of electric power and energy and to acquire, construct, and equip all property and things necessary or

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convenient for the purposes of such projects and the acquisition, construction, maintenance, and operation thereof; to confer powers, including, among others, the power of eminent domain, and impose duties on the Authority; to provide for the membership of the Authority; to authorize the Authority and certain political subdivisions of the State to execute contracts for the use of such projects and facilities or the services thereof and enforce the performance thereof; to authorize the issuance of revenue bonds of the Authority payable from the revenues and other funds of the Authority to pay the cost of such projects; to authorize the collecting and pledging of revenues and other funds and assets of the Authority for the payment of such bonds and for the cost of operating, maintaining, and repairing such projects; to authorize the execution of trust and security instruments relating to the Authority's property to secure the payment of such bonds; to provide rights for the owners of such bonds; to provide that such bonds shall not constitute a debt of the State nor of any political subdivision thereof; to make such bonds legal investments and exempt the same and the income therefrom and interest thereon along with all property of the Authority from taxation; to authorize the issuance of refunding bonds; to provide for validation of such bonds and the security therefor; to authorize the issuance of bond anticipation notes and provide for the payment and terms thereof; to fix the venue and jurisdiction of actions relating to any provisions of this Act; to provide an effective date for this Act; 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. Be it enacted by the General Assembly of Georgia: Section 1. Declaration of Need. Whereas, certain political subdivisions of the State of Georgia, now own and operate electric distribution systems to serve their citizens, inhabitants, and customers by providing them electricity for all purposes, and

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Whereas, if such political subdivisions are to furnish, and if the members of the public in the areas they serve are to receive adequate service, such political subdivisions must have an adequate, dependable, and economical source or sources and supply of bulk electric power, Now, therefore, it is hereby declared that there exists in the State of Georgia a need for an Authority to function without profit in developing and promoting for the public good in this State an adequate, dependable, and economical source or sources and supply of bulk electric power and energy for the purposes aforesaid. Section 2. Creation of the Authority. There is hereby created a public body corporate and politic to be known as the Municipal Electric Authority of Georgia, which shall be a public corporation of the State of Georgia, and shall have perpetual existence. Said Authority, however, shall not be a State institution nor a department or agency of the State, but shall be a political subdivision of the State, a mere creature of the State, having distinct corporate entity and being exempt from the provisions of the Georgia State Financing and Investment Commission Act, I Ga. L. 1973, p. 750, codified in Ga. Code Ann., Ch. 87-1A. Said Authority shall have its principal office in Fulton County, and its legal situs or residence for the purpose of this Act shall be Fulton County. Section 3. Purpose. The purpose of the Authority shall be to acquire or construct, or to acquire and construct, and operate and maintain or cause to be constructed, operated, and maintained electric generation and transmission facilities, and to take all other necessary or desirable action, in order to provide or make available an adequate, dependable, and economic supply of electric power and energy and related services for such of said political subdivisions of the State of Georgia as are hereinafter identified in section 27, as may desire the same and, incidentally and so as to take advantage of economies

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of scale in the generation and transmission of electric power and energy, to other persons and entities. Section 4. Members. (a) (i) Election Committee. The Authority shall consist of nine members who shall be eligible to succeed themselves and who shall be elected by the duly designated representatives of those political subdivisions of the State of Georgia, which are authorized and directed to designate a member to the Election Committee as hereinafter provided in this section 4. On or before the ninetieth day following the effective date of this Act, each of those political subdivisions which shall have, prior to such ninetieth day, by proper resolution of its governing body, declared its intention to contract with the Municipal Electric Authority of Georgia for the purchase of electric power and energy, (other than for short term purchases) provided there shall be as many as five of such political subdivisions, shall designate one person who shall be a resident of such political subdivision as its representative on the Municipal Electric Authority of Georgia Membership Election Committee which may be herein designated as the Election Committee. All such resolution of declaration of intention to contract with the Municipal Electric Authority of Georgia shall be presented to the Election Committee at its first meeting which shall be held in the office of the Georgia Municipal Association at eleven o'clock in the morning on the first Monday following such ninetieth day. At such meeting the Election Committee shall organize and elect a chairman and such other officers as may be desirable in the determination of the Election Committee. The Election Committee shall then determine the sufficiency of the resolutions presented to it and shall determine the number of votes (including fractions thereof) which each member of the Election Committee shall be entitled to cast in accordance with the provisions of section 4(a) (ii), hereof. Nominations for membership on the Authority shall then be received by the Election Committee prior to adjournment of its first meeting. The Election Committee shall then meet for the second time one week later at the same time and place to receive any other nominations that may be made to the Authority and shall elect nine

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members of the Authority. Each member shall be a resident of one of said political subdivisions represented on the Election Committee, but, insofar as is mathematically possible, no more than one member shall be a resident of any one of such political subdivisions. Each member of the Authority shall hold office until the adjournment of the annual meeting of the Authority held at, or nearest to, the expiration of his term of office for which provision is hereinafter made and until his successor is elected. (ii) Distribution of Votes. (A) In elections held by the Election Committee to elect members to the Authority, beginning with the first election of such members, each political subdivision entitled to representation on the Election Committee shall have, and shall be entitled to have its representative on the Election Committee cast, one whole vote, plus an additional vote or votes (including fractions thereof) to be determined as follows: The percentage which is arrived at by dividing the number of kilowatt hours taken from Georgia Power Company by each such political subdivision during the immediately preceding calendar year by the total number of kilowatt hours taken from Georgia Power Company by all such political subdivisions during the immediately preceding calendar year shall be determined, and each such percentage shall then be applied to a total number of votes equal to the total number of political subdivisions entitled to representation on the Election Committee. The resulting figure, calculated to the nearest one thousandth, shall be the additional vote or votes (including fractions thereof) to which each respective political subdivision is entitled. (B) At such time as facilities of the Authority are placed in commercial operation as determined by the Authority and energy is being supplied by the Authority to political subdivisions contracting with the Authority, then and thereafter, each such political subdivision entitled to representation on the Election Committee shall have, and shall be entitled to have its representative on the Election Committee cast, one whole vote, plus an additional vote or votes (including fractions thereof) to be determined as follows:

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The percentage which is arrived at by dividing the number of kilowatt hours taken from the Authority by each such political subdivision during the immediately preceding calendar year by the total number of kilowatt hours taken from the Authority by all such political subdivisions during the immediately preceding calendar year shall be determined, and each such percentage shall then be applied to a total number of votes equal to the total number of political subdivisions entitled to representation on the Election Committee. The resulting figure, calculated to the nearest one thousandth, shall be the additional vote or votes (including fractions thereof) to which each respective political subdivision is entitled by reason of energy taken, provided, however, that at the meeting of the Election Committee in the calendar year immediately following the calendar year in which such facilities of the Authority are first placed in commercial operation, as determined by the Authority, and engery is being supplied by the Authority to such political subdivisions (provided said facilities have been in commercial operation, as determined by the Authority, and energy has been supplied for a minimum of six months in the immediately preceding calendar year) the period of time upon which the determination shall be made of the additional vote or votes (including fractions thereof) to which the members of the Election Committee shall be entitled at such meeting shall be the remainder of the calendar year in which energy was first supplied to such political subdivisions. If such facilities of the Authority have not been in commercial operation, as determined by the Authority, and energy has not been supplied for a minimum of six months in the immediately preceding calendar year, such additional vote or votes (including fractions thereof) shall be determined upon the number of kilowatt hours taken from Georgia Power Company in accordance with the provisions of Section 4(a) (ii) (A), hereof. (C) The presence at any meeting of the Election Committee of representatives entitled to cast two-thirds of the total votes to which the Election Committee shall be entitled shall constitute a quorum of the Election Committee. The nine nominees to membership on the Authority receiving the largest number of votes cast by a quorum of the Election

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Committee shall be declared to be elected as the first nine members of the Authority. (b) Meetings of Authority. The Authority shall meet at the same place and hour, on the first Monday following the second meeting of the Election Committee, as aforesaid, and elect officers, decide upon a place, date, and hour for its next meeting or meetings, and shall proceed with the transaction of such business as may come before the Authority. (c) Additional Members of Election Committee. Each political subdivision contracting with the Authority for the purchase of electric power and energy (other than for short term purchases) after the ninetieth day following the effective date of this Act, but on or prior to the election of the first nine members of the Authority, shall designate one person who shall be a resident of such political subdivision as an additional member of said Election Committee. The term of each additional member of the Election Committee so designated shall begin with the first meeting of the Election Committee following the meeting held for the purpose of electing the first nine members of the Authority. The Election Committee shall meet on a date not more than thirty days prior to each annual meeting of the Authority and elect members to fill the terms which will begin at the conclusion of such meeting. Each political subdivision contracting with the Authority (other than for short term purchases) following the election of the first nine members of the Authority shall designate its representative on the Election Committee no more than thirty days following the execution of such contract by and between the Authority and such political subdivision. The term of such additional members shall begin with the next meeting of the Election Committee. Members of the Election Committee shall serve at the pleasure of the governing body of the political subdivision from which they were appointed. (d) Term of Office. Three members of the Authority shall be elected for terms of one year, three for two years, and three for three years. Each election thereafter shall be for a term of three years. All terms, however, shall extend through the annual meeting of the Authority held at, or

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nearest to, the expiration of the number of years for which the member was elected and until his successor shall be elected. In the event it should be mathematically necessary in the election of the members of the Authority for more than one member of the Authority to be a resident of the same political subdivision, then and in that event, one of the two members who are residents of the same political subdivision shall be elected for an initial term of one year, and, in the event there should be four political subdivisions from which two residents must be elected, one of the residents of one of such political subdivisions shall be elected for an initial term of two years, provided, however, that insofar as may be consistent with the foregoing provisions of this section 4(d), in the election of the first nine members of the Authority, the three nominees receiving the highest number of votes shall be elected to terms of three years, the three nominees receiving the next highest number of votes shall be elected to terms of two years, and the three nominees receiving the next highest number of votes shall be elected to terms of one year. Any tie votes shall be resolved by lot in such manner as shall be prescribed by the Election Committee. Members of the Election Committee shall not be eligible for membership on the Authority. (e) Annual Meeting. The annual meeting of the Authority shall be held on the anniversary date of the first meeting of the Authority unless the date, time, and place of such annual meeting shall otherwise be fixed by resolution of the Authority. Any such date so fixed, however, shall be in reasonable proximity to the anniversary date of such first meeting. (f) Vacancies. Any vacancy in the membership of the Authority shall be filled by a new member to be elected by the remaining members of the Authority to serve until the next meeting of the Election Committee. At the first meeting of the Election Committee following the filling of such vacancy, the Election Committee shall elect a member to fill the remainder, if any, of the unexpired term for which such vacancy was filled. Upon such election by the Election Committee, the membership on the Authority of the member elected to fill such vacancy by the remaining members of the Authority shall terminate.

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(g) Officers. The Authority shall elect one of its members as Chairman and one as Vice-Chairman and shall elect a Secretary-Treasurer and an Assistant Secretary-Treasurer, each of whom shall be elected from the membership of the Authority. Such officers shall serve for such terms as shall be prescribed by resolution of the Authority or until their successors are elected and qualified. (h) Majority. At all meetings of the Authority, the presence in person of a majority of the members in office shall be necessary for the transaction of business, and the affirmative vote of a majority of the members then in office shall be necessary for any action of the Authority. No vacancy in the membership of the Authority shall impair the right of such majority to exercise all the rights and perform all the duties of the Authority. If at any meeting there is less than a majority present, a majority of those present may adjourn the meeting to a fixed time and place, and notice of such time and place shall be given in accordance with the provisions of section 4(j), hereof, provided, however, that if the time element of said section 4(j), cannot reasonably be complied with, such notice, if any, of such adjourned meeting shall be given as is reasonably practical. (i) Special Meetings. Special meetings of the Authority may be called by resolution of the Authority or by the Chairman or Vice-Chairman or upon the written request of at least three members of the Authority. (j) Notice of Meetings. Written notice of all meetings shall be delivered to each political subdivision contracting with the Authority (other than for short term purchases) and to each member of the Authority not less than ten days prior to the date of such meeting in the case of regular meetings and not less than three days in the case of special meetings. (k) Waiver of Notice. Notice of a meeting of the Authority need not be given to any member who signs a waiver of notice either before or after the meeting. Attendance of a member at a meeting shall constitute a waiver of notice of such meeting and a waiver of any and all objections to the place or time of the meeting or to the manner in which it

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has been called or convened, except when a member states at the beginning of the meeting any such objection or objections to the transaction of business. Neither the business to be transacted at nor the purpose of any regular or special meeting of the Authority need be specified in the notice or waiver of notice of such meetings. (l) Other Meetings. In addition to the annual meeting of the Authority, regular meetings of the Authority may be established by resolution of the Authority, and no notice, other than notice of the adoption of such resolution to any member of the Authority who was absent when it was adopted, shall be required for such meeting, except for the notice required by the provisions of Section 4(j), hereof. (m) Compensation. The members of the Authority shall not be entitled to compensation for their services, but may be reimbursed by the Authority for their actual expenses properly incurred in the performance of their duties. The Authority shall make rules and regulations for its own government and may retain, employ, and engage all necessary staff and personnel, including professional and technical supervisors, assistants, and experts and other agents and employees, temporary or permanent, as it may require, and any one or more of such persons so engaged may be designated as one or more additional Assistant Secretary-Treasurers of the Authority and may be given the duties of keeping the books, records, and minutes of the Authority and of giving all notices required by the provisions hereof, and, in the absence of or in lieu of the Secretary-Treasurer, of performing all other functions of the Secretary-Treasurer. Officers designated by the Authority pursuant to the provisions of this Section 4(m), shall serve at the pleasure of the Authority. (n) Books and Records. The Authority shall keep suitable books and records of all its obligations, contracts, transactions, and undertakings, and of all income and receipts of every nature and all expenditures of every kind. (o) Removal From Office. The Election Committee shall have the power to remove any member of the Authority for cause after written notice and public hearing.

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Section 5. Definitions. As used in this Act the following words shall have the following meanings unless the context clearly indicates otherwise. (a) Authority shall mean the Municipal Electric Authority of Georgia hereby created and any successor or successors thereto. 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. (b) Project, undertaking, and facility or facilities may be used interchangeably and shall mean electric generation and transmission lands and works and all property, real and personal, of every kind and nature material or pertinent thereto or necessary therefor which may be used or useful in the development of electric power and energy and in the supplying of such electric power and energy to all those contracting with the Authority therefor and may include a divided or undivided interest in any electric generation or transmission facility in which the Authority shall participate as an owner in common with others. (c) Cost of project or cost of construction shall mean all costs of construction; all costs of real and personal property required for the purposes of such project and facilities related thereto, including land and any rights or undivided interest therein, easements, franchises, water rights, fees, permits, approvals, licenses, and certificates and the securing of such permits, approvals, licenses, and certificates and the preparation of applications therefor, all machinery and equipment, including equipment for use in connection with such construction, and initial fuel supply acquired for such project; financing charges, interest prior to and during construction and during such additional period as the Authority may reasonably determine to be necessary for the placing of such project in operation; costs of engineering, architectural, and legal services; cost of plans and specifications and all expenses necessary or incidental to determining the feasibility or practicability of the project;

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administrative expenses and such other expenses as may be necessary or incidental to the financing herein authorized. All funds paid or advanced for any of the purposes aforesaid by political subdivisions contracting with the Authority prior to the issuance of any of the Authority's bonds or notes may be refunded to such political subdivisions out of the proceeds of any bonds or notes so issued. The costs of any project may also include a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve, a fuel reserve, and such other reserves as may be reasonably required by the Authority for the operation of its projects and as may be authorized by any bond resolution or trust agreement or indenture pursuant to the provisions of which the issuance of any such bonds may be authorized. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds or notes issued under the provision of this Act for such project. (d) Bonds or revenue bonds as used in this Act shall mean any bonds issued by the Authority under the provisions of this Act, including refunding bonds. (e) Bond anticipation notes or notes shall mean short term obligations issued after validation of bonds and in anticipation of the issuance of the bonds as validated. Section 6. Public Property. It is hereby found, determined, and declared that the creation of the Authority and the carrying out of its corporate purposes are in all respects for the benefit of the people of this State and that the Authority is an institution of purely public charity performing an essential governmental function and all property of said Authority is hereby declared and shall in all respects be considered to be public property and title to such property shall be held by the Authority only for the benefit of the public and the use of such property pursuant to the terms of this Act shall be and is hereby declared to be for essential public and governmental purposes, that is, for the promotion of public general welfare

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in the matter of providing an adequate, dependable, and economic electric power supply in an effort to better the general condition of society residing in the State of Georgia, which promotion is hereby declared to be a public beneficence for the good of humanity and for the general improvement and happiness of society, and all of the property of and income, obligations, and interest on the bonds and notes of the Authority and the transfer thereof shall be and hereby are declared to be nontaxable for any and all purposes by the State or any of its political subdivisions. Section 7. Powers. The Authority shall have all the powers necessary or convenient to carry out and effectuate the purpose and provisions of this Act, including, but without limiting the generality of the foregoing, the power: (a) Litigation. To sue and be sued in contract and in tort and to complain and defend in all courts of law and equity; (b) Seal. To adopt and alter a corporate seal; (c) Acquisition of Property. To acquire in its own name by purchase on such terms and conditions and in such manner as it may deem proper or by exercise of the power of eminent domain in accordance with the provisions of any and all existing laws of the State of Georgia applicable to the condemnation of property for public use, including the power to proceed as a condemning body under the provisions of the Special Master Act of 1957, Ga. L. 1957, p. 387, as amended, codified in Ga. Code Ann., Ch. 36-6A, or by gift, grant, lease, or otherwise, real property or rights and easements therein and franchises and personal property necessary or convenient for its corporate purposes and to insure the same against any and all risks as such insurance may, from time to time, be available, and use such property and rent or lease the same to or from others or make contracts with respect to the use thereof or to sell, lease, or otherwise dispose of any such property in any manner it deems to the best advantage of the Authority and the purposes thereof. The powers to acquire, use, and dispose of property herein contained shall include the power to acquire, use, and dispose of any interest

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in such property, whether divided or undivided, which acquisition may result in the ownership of such property or any part thereof in common with any other party or parties, public or private. Title to any such property of the Authority, however, shall be held by the Authority exclusively for the benefit of the public. The Authority shall be under no obligation to accept and pay for any property condemned under this Act except from the funds provided under the authority of this Act, and, in any proceedings to condemn, such orders may be made by the court having jurisdiction of the action as may be just to the Authority and to the owners of the property to be condemned. If the Authority shall deem it expedient to construct any project on lands which are subject to the control of the State or of any political subdivision or public corporation of the State, the Governor, in the case of the State, or the governing authorities of such political subdivisions or such public corporations are hereby authorized to convey such lands to the Authority for such consideration, not exceeding reasonable value, as may be agreed upon by the Authority, as grantee, and by the Governor or by the governing body of such political subdivision or by such public corporation, as grantor, taking into consideration the public benefit to be derived from such conveyance; (d) Officers and Agents. To appoint and select officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys, and fix their compensation; (e) Electric Power. To acquire, by purchase or otherwise, in whole or in part, as aforesaid, and to place into operation and operate or cause to be placed into operation and operated, either as owner of all (or of any part in common with others) or as agent, electric generation and transmission lands, works, facilities, and projects; to provide, by sale or otherwise, an adequate, dependable, and economic electric power supply to political subdivisions of the State of Georgia contracting with the Authority pursuant to authority of section 27, hereof, and, through such political subdivisions, to the members of the public in the areas served by them, and, as agent for such political subdivisions, to secure power

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supply contracts and arrangements with other persons. The Authority shall, also, have the power, which may be exercised either as principal or agent, to manufacture, generate, store, and transmit electric current for light, heat, power, and energy; to manufacture, buy, sell, import, export, lease, or otherwise acquire and generally deal in electrical apparatuses of all kinds and machinery and devices and nuclear or fossil fuels for the manufacture, generation, storage, and transmission of electric current for light, heat, power, and energy; to purchase power at retail or wholesale from any other person; and to purchase or construct part of the capacity of generation or transmission projects sponsored and owned by or in common with others, making any such purchase at wholesale or retail within or without the State of Georgia; to contract for the purchase of power and energy from, or the sale of power and energy to, the United States of America and electric utility systems either privately or publicly owned, within or without the State of Georgia; to execute long or short term power purchase or sale contracts on terms which may include agreements with respect to resale rates and the disposition of revenues; to interchange, exchange, and purchase power and energy from any person; to erect, buy, lease, or otherwise acquire, operate, and maintain electric lighting, heating, and power projects; to transmit power both for itself and on behalf of others; to erect, buy, sell, lease, or otherwise acquire, maintain, and operate or cause to be maintained and operated plants, underground subways, conduits, poles, and wires above, upon, and under the streets, alleys, lands, and territories of political subdivisions, public or private corporations, or individuals, and to continue to sell electric power to political subdivisions of the State of Georgia which are authorized to contract with the Authority pursuant to the provisions of section 27, hereof, and to other persons and entities and, as agent for any or all of the same, to make power and energy otherwise available to them through arrangements with other persons, all in the exercise of the powers of the Authority and to effectuate the purposes of this Act; (f) Contracts. To contract with the State of Georgia and its agencies, instrumentalities, departments, and with those

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political subdivisions of the State which are authorized to contract with the Authority pursuant to the provisions of Section 27, hereof, and with private persons and corporations including contracts for construction of projects which contracts for construction may be made either as sole owner of the project or as owner in common with other public or private persons, of any divided or undivided interest therein; (g) Agreement Relating to Construction, Operation, and Maintenance. To exercise any one or more of the powers, rights, and privileges conferred hereby either alone or jointly or in common with one or more other parties or utilities, public or private. In any such exercise of such powers, rights, and privileges jointly or in common with others with respect to the construction, operation, and maintenance of electric generation or transmission facilities, the Authority may own an undivided interest in such facilities with any other party or parties, public or private. The Authority may enter into an agreement or agreements with respect to any such electric generation or transmission facility with the other party or parties participating therein, and any such agreement may contain such terms, conditions and provisions consistent with the provisions of this Act as the parties thereto shall deem to be in their best interests. Any such agreement may include, but need not be limited to, provisions for the construction, operation, and maintenance of such electric generation or transmission facility by any one or more of the parties to such agreement which party or parties shall be designated in or pursuant to such agreement as agent or agents on behalf of itself and one or more of the other parties thereto or by such other means as may be determined by the parties thereto, and may include provisions for a method of methods of determining and allocating, among or between the parties, costs of construction, operation, maintenance, renewals, replacements, improvements and disposals with respect to such facility. In carrying out its functions and activities as such agent with respect to construction, operation and maintenance of such a facility, such agent shall be governed by the laws and regulations applicable to such agent as a separate legal entity and not by any laws or regulations which may be applicable to any of the other participating parties. Notwithstanding

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anything contained in any other law to the contrary, pursuant to the terms of any such agreement the Authority may delegate its powers and duties with respect to the construction, operation, and maintenance of such facility to the party acting as agent; and all actions taken by such agent in accordance with the provisions of such agreement may be made binding upon the Authority without further action or approval by the Authority; (h) Gifts, Grants, and Disposal of Property. To accept, receive, and administer gifts, grants, appropriations, and donations of money, materials, and property of any kind, including loans and grants from the United States of America or the State of Georgia or any agency, department, authority, or instrumentality of either upon such terms and conditions as the United States of America, the State of Georgia, or such agency, department, authority, or instrumentality shall impose, and to administer trusts, and to sell, lease, transfer, convey, appropriate, and pledge, any and all of its property and assets; (i) Investment. To invest any accumulation of its funds and any sinking fund or reserves in any manner that public funds of the State of Georgia or its political subdivisions may be invested and to purchase its own bonds and notes; (j) General. To do any and all things necessary or proper for the accomplishment of the objectives of this Act and any amendments hereto and 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, including employment of professional and administrative staff and personnel and retaining of legal, engineering, and other professional services, the purchasing of all kinds of insurance including, without limitation, insurance against tort liability and against risks of damage to property, including the power to borrow money for any of the corporate purposes of the Authority, provided, however, that obligations of the Authority other than revenue bonds, for which provision is herein made, shall be payable from the general funds of the Authority and shall not be a charge against any special fund allocated to the payment of revenue

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bonds, and including the power to indemnify and hold harmless any parties contracting with the Authority or its agents from damage to persons or property and the power to act as self-insurer with respect to any loss or liability; (k) Revenue Bonds. To issue its revenue bonds as hereinafter provided in evidence of its indebtedness incurred with respect to the powers above described payable from the revenues, receipts, and earnings of the projects of the Authority and other available funds thereof, to execute trust agreements or indentures; to sell, convey, pledge, and assign any and all of its funds, assets, property, and income as security for the payment of such revenue bonds and to provide for the payment of the same and for the rights of the owners thereof. Section 8. Issuance of Revenue Bonds. (a) Security for Bonds. When the Authority shall desire to issue revenue bonds as permitted by this Act, the Authority shall, prior to the adoption of a resolution authorizing the issuance of such bonds, enter into one or more contracts with no less than five political subdivisions which are authorized to contract with the Authority in accordance with the provisions of section 27, of this Act. All such contract or contracts shall be in accordance with the provisions of section 17, hereof. (b) Procedure for Authorization of Bonds. The acquisition, construction, reconstruction, improvement, equipment, alteration, repair, or extension of any project, and the issuance, in anticipation of the collection of the revenues from such project, of bonds to provide funds to pay the cost thereof, may be authorized under this Act by resolution or resolutions of the Authority. Unless otherwise provided therein, such resolution or resolutions shall take effect immediately and need not be laid over or published or posted. The Authority in determining such cost may include all costs and estimated costs of the issuance of said bonds; all engineering, inspection, fiscal, and legal expenses, and interest which it is estimated will accrue during the construction period and during such additional period as the Authority

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may reasonably determine to be necessary for the placing of such project in operation on money borrowed or which it is estimated will be borrowed pursuant to this Act, and all costs included in the definition of cost of project as herein defined. Such bonds may also be issued to pay off, refund, or refinance any outstanding bonds or other obligation of any nature owed by the Authority, whether or not such bonds or other obligations shall then be subject to redemption, and the Authority may provide for such arrangements as it may determine for the payment and security of the bonds being issued or for the payment and security of the bonds or other obligations to be paid off, refunded, or refinanced. (c) Bond Provisions. Revenue bonds may be issued under this Act in one or more series; may bear such date or dates; may mature at such time or times, not exceeding 50 years from their respective dates; may bear interest at such rate or rates, payable at such time or times; may be payable in such medium of payment at such place or places; may be in such denomination or denominations; may be in such form either coupon or fully registered without coupons; may be issued in any specific amounts; may carry such registration, conversion, and exchangeability privileges; may be declared or become due before the maturity date thereof; may provide such call or redemption privileges; may have such rank or priority, and may contain such other terms, convenants, assignments, and conditions as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide. The Authority may sell such bonds in such manner, at such price or prices, and upon such terms and conditions as shall be determined by the Authority. (d) Execution of Bonds. The bonds shall be signed by the Chairman of the Authority and the corporate seal of the Authority shall be thereunto impressed, imprinted, or otherwise reproduced and attested by the signature of the Secretary-Treasurer of the Authority. The coupons shall be signed in such manner as may be directed by the Authority. The signatures of the officers of the Authority and the seal of the Authority upon any bond, note, or other debt security issued by the Authority may be by fascsimile if the instrument

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is authenticated or countersigned by a trustee other than the Authority itself or an officer or employee of the Authority. All bonds or notes issued under authority of this Act bearing signatures or facsimiles of the signatures of officers of the Authority in office on the date of the signing thereof shall be valid and binding notwithstanding that before the delivery thereof, and payment therefor, such officers whose signatures appear thereon shall have ceased to be officers of the Authority. Pending the preparation of the definitive bonds, interim receipts, in such form and with such provisions as the Authority may determine, may be issued to the purchaser or purchasers of bonds to be issued under this Act. (e) Convenants in Resolutions. Any bond resolution authorizing the issuance of bonds and any indenture or trust agreement entered into under this Act to finance in whole or in part the acquisition, construction, reconstruction, improvement, equipment, alteration, repair, or extension of any project may contain covenants, as to: (1) The rates, fees, tolls, or charges to be charged for the services, facilities, and commodities of said project; (2) The use and disposition of the revenue to be derived from said project; (3) The creation and maintenance of reserves or sinking funds and the regulation, use and disposition thereof, including debt service reserve, renewal and replacement or other capital improvement reserve, including reserves for the provision of fuel, and such other reserves as may be reasonably required by the Authority for the operation of its projects and as may be authorized by the bond resolution or trust agreement or indenture pursuant to which the issuance of such bonds may be authorized. (4) The purpose or purposes to which the proceeds of the sale of said bonds may be applied, and the use and disposition of such proceeds; (5) Events of default and the rights and liabilities arising

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thereupon, the terms and conditions upon which bonds issued under this Act shall become or may be declared due before maturity, and the terms and conditions upon which such declaration and its consequences may be waived; (6) The issuance of other additional bonds or instruments payable from or a charge against the revenue of such project; (7) The insurance to be carried thereon, and the use and disposition of insurance proceeds; (8) Books of account and the inspection and audit thereof; (9) Limitations or restrictions as to the leasing or otherwise disposing of the project while any of the bonds or interest thereon remain outstanding and unpaid; and (10) The operation and maintenance of the project and of the Authority. (f) Act Constitutes a Contract. The provisions of this Act and of any such bond resolution, indenture, or trust agreement shall be a contract with every holder of said bonds; and the duties of the Authority under this Act and under any such bond resolution, indenture, or trust agreement shall be enforceable by any bond holder by mandamus or other appropriate suit, action, or proceeding at law or in equity. (g) Notice to district attorney. The Authority shall give notice to the district attorney of the Atlanta judicial circuit of its intention to issue its revenue bonds, setting forth service of such notice, the principal amount of bonds to be issued, the purpose for which the same are issued, whether the bonds are to be issued in separate series or installments from time to time, the interest rate or rates which such bonds are to bear, the amount of principal to be paid in each year during the life of the bonds or the method or formula by which such amounts shall be determined, the date by which all bonds are to be paid in full, and the security to be

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pledged to the payment of said bonds; provided, however, that said notice, in the discretion of the Authority, in lieu of specifying the rate or rates of interest which said bonds are to bear, may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest specified in the notice or that in the event the bonds or any series or installment thereof are to bear different rates of interest for different maturity dates that none of such rates will exceed the maximum rate specified in the notice, provided, further, however, that nothing contained herein shall be construed as prohibiting or restricting the right of the Authority to sell said bonds at a discount, even if in so doing the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in the notice to the district attorney. Such notice, signed by the chairman, vice chairman, or secretary-treasurer, shall be served upon the district attorney of the Atlanta judicial circuit. (h) District Attorney to File Suit. Within 20 days from the date of service of the required notice, the district attorney shall prepare and file in the office of the clerk of the Superior Court of Fulton County a complaint directed to the Fulton Superior Court in the name of the State, and against the Authority, setting forth service of such notice, the amount of the bonds to be issued, for what purpose to be issued, whether the bonds are to be issued in separate series or installments from time to time, what interest rate or rates they are to bear, or the maximum rate or rates of interest, how much principal and interest is to be paid annually or the method or formula by which the amount of such payments shall be determined, and the date by which all bonds are to be paid in full; and shall obtain from the judge of the said court an order requiring the Authority by its proper officers to appear at such time and place either in term or chambers within 20 days from the filing of the complaint, as the judge may direct, and show cause, if any exist, why the bonds should not be confirmed and validated. Such complaint and order shall be served upon the Authority in the manner provided by law, and to such complaint the Authority shall make sworn answer at or before the date set in said order for said hearing.

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(i) Notice of hearing. Prior to the hearing of said cause, the clerk of the Superior Court of Fulton County shall publish in a newspaper once during each of the two successive weeks immediately preceding the week in which the hearing is to be held, a notice to the public that on the day specified in order providing for the hearing of said cause the same will be heard. Such newspaper shall be the official organ of Fulton County in which the sheriff's advertisements appear. (j) Trial of case, parties, judgment, appeal. Within the time prescribed in the order, or such further time as he may fix, the judge of said Superior Court shall proceed to hear and determine all questions of law and of fact in said cause, including the question of whether the contractual obligations have been properly incurred which contractual obligations are made a condition precedent to the issuance of such bonds by the provisions of section 8 (a), of this Act, and shall render judgment thereon. Any citizen of this State may become a party to said proceedings at or before the time set for the hearing, and any party thereto dissatisfied with the judgment of the court confirming and validating the issuance of said bonds, or refusing to confirm and validate the issuance of said bonds, and the security therefor may appeal from said judgment under the procedure provided by law as codified in Ga. Code Ann., Ch. 6-8. No appeal may be taken by any person who was not a party at the time the judgment appealed from was rendered. (k) Judgment conclusive. In the event no appeal is filed within 30 days of the date of the judgment of validation, or, if filed, the judgment shall be affirmed on appeal, the judgment of the Superior Court, so confirming and validating the issuance of said bonds and the security therefor, shall be forever conclusive upon the validity of said bonds and the security therefor. (l) Validation Certificate. Bonds, when issued under the provisions of this Act, shall bear a certificate of validation signed with the facsimile or manually executed signature of the clerk of the Fulton County Superior Court stating the date on which said bonds were validated as herein provided and such entry shall be original evidence of the fact of

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judgment and shall be received as original evidence in any court in this State. (m) Costs. The Authority shall reimburse the district attorney for his actual costs of said case, if any. The fees payable to the clerk of the Fulton County Superior Court for validation and confirmation shall be as follows: For every $5,000 in principal amount of bonds or portion thereof: First $500,000 $1.00 $501,000$2,500,000 .25 All over $2,500,000 .10 (n) Civil claims and suits. Any other provisions of law to the contrary notwithstanding, the provisions of this Act shall govern all civil claims, suits, proceedings, and actions respecting debt of the Authority evidenced by such bonds. Section 9. Validation of Contracts. When payments required by the provisions of section 8(a), of this Act, to be made by any political subdivisions authorized by the provisions of section 27, of this Act, to contract with the Authority, are pledged as security for the payment of bonds sought to be validated, the petition for validation shall make party defendant the said Authority and shall also make parties defendant to such action every political subdivision which has contracted with said Authority for the use of the facilities, commodities, and services of the project for which bonds shall be sought to be validated and issued. Also, every other party, public or private, contracting with the Authority in any manner with relation to the operation of such project, and particularly with relation to any common ownership of such project or to the supplying of electric energy to the Authority or the taking or purchase of electric energy from the project, shall be made parties defendant, and all such parties defendant shall be served and shall be required to show cause, if any exists, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof determined and the matters and conditions imposed on the parties to such contract or contracts and all such undertaking thereof adjudicated

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to be valid and binding on the parties thereto. Notice of such proceedings shall be included in the notice of validation hearing heretofore required to be issued and published by the clerk of the Fulton Superior Court and, in addition to such notice heretofore required to be published in Fulton County, such notice shall also be published in the newspaper in which sheriff's advertisements are published once a week during each of the two successive weeks immediately preceding the week of the hearing in each county in which any portion of any of said defendant political subdivisions shall lie. Any citizen resident of this State may intervene in the validation proceedings which shall be conducted in the Fulton Superior Court, as aforesaid, at or before the time set for the validation hearing and assert any ground or objection to the validity and binding effect of such contract on his own behalf and on behalf of any political subdivision and of all citizens, residents, and property owners of the State. No appeal may be taken by any person who was not a party at the time judgment appealed from was rendered. An adjudication as to the validity of any such contract, unexcepted to within 30 days of the date of the judgment of validation, or if an appeal is filed, which shall be confirmed on appeal, shall be forever conclusive and binding upon such political subdivisions and the resident citizens and property owners of this State. Section 10. Failure of District Attorney to File Proceedings. In all cases where the Authority shall have adopted a resolution for the issuance of revenue bonds, and where notice has been duly served upon the district attorney for the purpose of securing a judicial validation of such bonds and the security therefor, and where, in such case, there has been a failure on the part of such district attorney or other officer to proceed within the time prescribed by this Act, it shall be competent for the Authority to represent such facts in writing to the court, and to represent further that such failure has been without fault on the part of the Authority. In such case it shall be the duty of the court, and it shall have power and authority to inquire into the facts and, upon being satisfied that such failure has not

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arisen from any fault or neglect on the part of the Authority, to pass an order directing such district attorney to proceed within 10 days to file a complaint as authorized by this Act, and thereafter the proceedings shall be held in the same manner as would have been followed had such petition been duly and promptly filed in the first instance. Section 11. Further Provisions of Bonds. (a) Destroyed Bonds. If any bond becomes mutilated or is lost, stolen, or destroyed, the Authority may execute and deliver a new bond of like date of issue, maturity date, principal amount, and interest rate per annum as the bond so mutilated, lost, stolen, or destroyed which new bond shall have attached thereto coupons corresponding in all respects to those, if any, on the bond mutilated, lost, stolen, or destroyed, provided that (1) in the case of any such mutilated bond, such bond together with all unmatured coupons appertaining thereto is first surrendered to said Authority, (2) in the case of any such lost, stolen, or destroyed bond, there is first furnished evidence of such loss, theft, or destruction satisfactory to said Authority together with indemnity satisfactory to said Authority, (3) all other reasonable requirements of the Authority are complied with, and (4) expenses in connection with such transaction are paid. In the event any coupon is mutilated, lost, stolen, or destroyed, said Authority may issue a duplicate coupon upon the same terms and conditions as those provided for the replacement of mutilated, lost, stolen, or destroyed bonds. Any bond or coupon surrendered for exchange shall be cancelled. The Authority shall be authorized to print the new bond with the validation certificate bearing the facsimile signature of the clerk of the Superior Court then in office and such certificate shall have the same force and effect as in the first instance. All responsibility with respect to the issuance of any such new bonds shall be on the Authority and not on said clerk, and said clerk shall have no liability in the event an over-issuance occurs. (b) Interest. Interest shall cease to accrue on any bond on the date that such bond becomes due for payment if said payment is made or duly provided for, but liability for

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such bond and for the accrued interest thereon shall continue until such bond is 20 years overdue for payment. At that time, unless demand for payment has been made, such obligation shall be extinguished and shall be deemed no longer outstanding. (c) Cancellation. Unless otherwise directed by the Authority, every evidence of indebtedness and interest coupon paid or otherwise retired shall forthwith be marked cancelled and shall be delivered by the paying agent making payment thereof to the Authority where the same shall be destroyed and a certificate of destruction shall be filed in the records of the Authority. (d) Records. The fiscal officer of the Authority or his agent shall maintain records containing a full and correct description of each evidence of indebtedness issued, identifying it and showing its date, issue, amount, interest rate, payment dates, payments made, registration, cancellation, destruction, and every other relevant transaction. (e) Paying Agent. The Authority may appoint one or more paying agents for each issue or series or installment of bonds. Every such paying agent shall be an incorporated bank or trust company authorized by the laws of the United States or of the state in which it is located to do a banking or trust business. The Authority may make such provisions respecting paying agents as it deems necessary or useful and may enter into a contract with any paying agents containing such terms, including its compensation, and conditions in regard to the paying agents as it deems necessary or useful. (f) Audits. The Authority together with all funds established in connection with its debt shall be audited no less frequently than annually by an independent certified public accountant to be selected by the Authority. Copies of such audit shall be available upon request to interested parties including, specifically but without limitation, the holders of the Authority's bonds and all parties contracting with the Authority.

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Section 12. Rates and Charges. The Authority shall not operate or construct any project for profit except insofar as any such profit will inure to the benefit of the public. It shall fix rates, fees, and charges consistent with this declaration of policy such as will produce revenues only in amounts sufficient, together with all other funds of the Authority, to pay principal and interest on bonds and obligations of the Authority, to provide for maintenance and operation of the Authority and of its project or projects, and to maintain such reserves as shall have been created in amounts sufficient in the judgment of the Authority for the security of the bonds and for the improvement, replacement, or expansion of the facilities or services of the Authority or to provide fuel for its generating projects. Section 13. Immunity from Liability. (a) Authority Members. Neither the members of the Authority nor any person executing bonds or notes on behalf of the Authority shall be personally liable thereon by reason of the issuance thereof. (b) Credit Not Pledged. Neither the revenue bonds nor notes issued under provisions of this Act nor the instruments evidencing the obligations which constitute the security therefor shall constitute a debt or a loan or pledge of the faith and credit of the State of Georgia or of any political subdivision thereof, other than the Authority, but such bonds and notes shall be payable from the revenues of the Authority as provided in the resolutions or trust agreements or indentures authorizing or securing the issuance and payment of such bonds or notes. The issuance of such bonds or notes shall not obligate the State or any political subdivision thereof to levy or pledge any form of taxation whatever for the payment thereof. No owner of any such bond or notes or receiver or trustee in connection therewith shall have the right to enforce the payment thereof against any property of the State or of any political subdivision thereof, other than the Authority, nor shall any such bond or note constitute a charge, lien, or encumbrance, legal or equitable, upon any such property.

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(c) Recital. All such bonds and notes shall contain on their face a recital setting forth the complete immunity of the State and any such political subdivisions from liability thereon which recital shall contain substantially the foregoing provisions of this section. Section 14. Right to Receivership Upon Default. (a) Receiver. In the event that the Authority shall default in the payment of the principal or interest on any of the revenue bonds after the same shall become due, whether at maturity or upon call for redemption, and such default shall continue for a period of 30 days, or in the event that the Authority or the officers, agents, or employees thereof shall fail or refuse to comply with the essential provisions of this Act or shall default in any material respect in any agreement made with the holders of the revenue bonds, any holders of revenue bonds, or trustee therefor, shall have the right to apply in an appropriate judicial proceeding to the Fulton Superior Court for the appointment of a receiver of the undertaking, whether or not all revenue bonds have been declared due and payable and whether or not such holder, or trustee therefor, is seeking or has sought to enforce any other right or exercise any remedy in connection with such revenue bonds. Upon such application the Superior Court, if it deems such action necessary for the protection of the bondholders, may appoint and, if the application is made by the holders of 25 percent in principal amount of such revenue bonds then outstanding or any trustee for holders of such revenue bonds in such principal amount, shall appoint a receiver for the undertaking. (b) Duties of Receiver. The receiver so appointed shall forthwith, directly or by his agents and attorneys, enter into and upon and take possession of the project or of such portion thereof or interest therein as is owned by the Authority and, if the court so directs, may exclude the Authority, its officers, agents, and employees and all persons claiming under them wholly therefrom and shall have, hold, use, operate, manage, and control the same and each and every part thereof, and, in the name of the Authority or otherwise, as the receiver may deem best, shall exercise all the rights

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and powers of the Authority with respect to the undertaking as the Authority itself might do. Such receiver shall maintain, restore, insure, and keep insured the project or such portion or interest therein as is owned by the Authority and from time to time shall make all such necessary or proper repairs as to such receiver may seem expedient and shall establish and maintain rates and collect such fees, tolls, and other charges in connection with the project as such receiver may deem necessary or proper and reasonable and shall collect and receive all revenues and shall deposit the same in a separate account and apply such revenues so collected and received in such manner as the court shall direct; provided, however, that the foregoing duties of the receiver so appointed shall be performed in a manner consistent with any and all existing contractual arrangements to which the Authority may be a party, and the powers of the receiver shall be no greater than the powers of the Authority. (c) Termination of receivership. Whenever all that is due upon the revenue bonds, and interest thereon, and upon any other notes, bonds, or other obligations, and interest thereon, having a charge, lien, or encumbrance on the revenues of the project under any of the terms of any covenants or agreements with holders of revenue bonds shall have been cured and made good and it shall appear to the court that no default is imminent, the court shall direct the receiver to surrender possession of the project to the Authority, and the same right of the holders of the revenue bonds to secure the appointment of a receiver shall exist upon any subsequent default as hereinabove provided. (d) Court's jurisdiction. Such receiver shall in the performance of the powers hereinabove conferred upon him, act under the direction and supervision of the court making such appointment and shall at all times be subject to the orders and decrees of such court and may be removed thereby. Nothing herein contained shall limit or restrict the jurisdiction of such court to enter such other and further orders and decrees as such court may deem necessary or appropriate for the exercise by the receiver of any functions specifically set forth herein.

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Section 15. Negotiability. Every evidence of indebtedness issued under the provisions of this Act shall have all the rights and incidences of negotiable instruments, subject to provisions for registration, anything in law to the contrary notwithstanding. Section 16. Legal Investments. The bonds herein authorized are hereby made securities in which all public officers and bodies of this State and all political subdivisions, all insurance companies and asciations, and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks, and savings associations, including savings and loan associations, building and loan associations, investment companies, and other persons carrying on a banking business, all administrators, guardians, executors, trustees, and other fiduciaries and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the State may properly and legally invest funds including capital in their control or belonging to them. The bonds are also hereby made securities which may be deposited with and shall be received by all public officers and bodies of this State and all political subdivisions for any purpose for which deposit of the bonds or other obligations of this State is now or may hereafter be authorized. Section 17. Contracts for Use of Projects. Said Authority may contract with any political subdivision of this State which is authorized by the provisions of section 27, of this Act, to make such contracts for the payment of such rates, tolls, fees, and charges, as may be prescribed by the Authority for the use by such subdivisions or the residents thereof of the services and facilities of the project or projects and facilities of the Authority, and any such political subdivision shall have and hereby is given the right and power by resolution of its governing body, to make such contract, and the amounts contracted to be paid by such political subdivision to the Authority under such contract or contracts entered into pursuant to the provisions of this Act shall constitute general obligations of such political subdivision

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for the payment of which the full faith and credit of such political subdivision may be pledged to provide the funds required to fulfill all obligations arising under any such contract. Any such political subdivision which shall have entered into such a contract pursuant to the provisions of this Act shall annually in each and every fiscal year during the term of such contract include in a general revenue or appropriation measure, whether or not any other items are included, sums sufficient to satisfy the payments required to be made in each year by such contract until all payments required under such contract have been paid in full. In the event for any reason any such provision or appropriation is not made, then the fiscal officers of such political subdivision are hereby authorized and directed to set up as an appropriation on their accounts in each fiscal year the amounts required to pay the obligations called for under any such contract. The amount of the appropriation in each fiscal year to meet the obligations of such contract as authorized and required hereby shall be due and payable and shall be expended for the purpose of paying and meeting the obligations provided under the terms and conditions of such contract, and such appropriation shall have the same legal status as if the contracting political subdivision had included the amount of the appropriation in its general revenue or appropriation measure. Such fiscal officers shall make such payment to the Authority if for any reason such appropriation is not otherwise made, and any such political subdivision may obligate itself and its successors to use only such project and none other. Section 18. Revenue. (a) Rates. For the purpose of earning sufficient revenue to make possible the financing of the construction of the project or projects of the Authority with revenue bonds, the Authority is authorized and empowered to fix and revise rates and collect fees, tolls, and charges on each project which it shall cause to be acquired or constructed. Such rates, fees, tolls, and charges to be paid for the use of the facilities or services of such project or projects shall be so fixed and adjusted from time to time as to provide a fund

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sufficient with other revenue, if any, of such project or projects or of said Authority: (1) To pay the costs of operating, maintaining, and repairing the project or projects, including reserves for insurance and extraordinary repairs, reserves for fuel and other reserves required by the resolution or trust agreement or indenture pertaining to such bonds and the issuance thereof unless such costs shall be otherwise provided for; the cost of operating and conducting the business of the Authority, including salaries, fees for professional services, including legal, engineering, and others, and all expenses properly relating to the conduct of the affairs of the Authority; the cost of power, whether generated by the Authority or acquired from others, and all other costs associated with the operation of the Authority and its projects and facilities; (2) To pay the principal of and interest on such revenue bonds, as the same shall become due, including all premium, if any, the proceeds of which shall have been or will be used to pay the cost of such project or projects, which costs shall include all elements of cost authorized by the provisions of this Act, including acquisition of property, real and personal, and any interest in property, clearing and preparing land for the purposes hereof, architectural, engineering, financial, and legal services, construction of projects authorized hereby, administrative expenses, funds for initiating the operation of the project, and interest prior to and during construction and during such period of time thereafter as may be reasonably determined by the Authority necessary to put the project into operation; (3) To comply with any sinking fund requirements contained in the resolution or trust agreement or indenture pertaining to the issuance of and security for such bonds; (4) To perform fully all provisions of such resolution and trust agreement or indenture relating to the issuance of or security for such bonds to the payment of which such revenue is pledged; (5) To accumulate any excess income which may be required

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by the purchasers of such bonds or may be dictated by the requirements of such resolution or trust agreement or indenture or of achieving ready marketability of and low interest rates on such bonds, and (6) To pay any expenses in connection with such bond issue or such project or projects including but not limited to trustees and fiscal fees. (b) Payment of charges. Such rates, fees, tolls, and charges shall be payable at such intervals as may be agreed upon and set forth in the contract providing therefor and any such contract may provide for the commencement of payments not necessarily based directly on rates, to the Authority prior to the completion of the undertaking by the Authority of any such project, and it may provide for the making of payments during such times as such project or projects may be partially or wholly not in use and whether or not the project has been completed, is then operable, or is operating, and may provide that such payments shall not be subject to any reduction whether by offset or otherwise and shall not be conditioned upon the performances or nonperformance by any party of any agreement. (c) Indemnity. Such contract may obligate the political subdivision to indemnify and save harmless the Authority from any and all damage to persons and property occurring on or by reason of the project and to undertake, at the expense of the political subdivision or corporation, the defense of any action brought against the Authority by reason of injury or damages to persons or property occurring on or by reason of the project. (d) Enforcement of performance. In the event of any failure or refusal on the part of the political subdivision to perform punctually any covenant or obligation contained in any such contract, the Authority may enforce performance by any legal or equitable process, including specific performance. (e) Assignment to trustee. The Authority shall be permitted to assign any payments due or to become due to the

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Authority pursuant to any such contract, to a trustee or paying agent as may be required by the terms of the resolution or trust agreement or indenture relating to the issuance of and security for such bonds. (f) Use of revenue. The use and disposition of the Authority's revenue shall be subject to the provisions of the resolution authorizing the issuance of such bonds or of the trust agreement or indenture, if any, securing the same. Section 19. Pledge of Revenues. All or any part of the gross or net revenues and earnings derived from any particular project or projects and any and all revenues and earnings received by the Authority, regardless of whether or not such revenues and earnings were produced by a particular project for which bonds have been issued, may be pledged by the Authority to the payment of the principal of and interest on revenue bonds of the Authority as may be provided in any resolution authorizing the issuance of such bonds or in any trust instrument pertaining to such bonds, and such funds so pledged, from whatever source received, may include funds received from one or more or all sources and may be set aside at regular intervals into sinking funds for which provision may be made in any such resolution or trust instrument, which sinking funds may be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall become due, (2) the principal of the bonds as the same shall mature, (3) the necessary charges of any trustee or paying agent or registrar for such bonds, and (4) any premium upon bonds retired upon call or purchase, and the use and disposition of any sinking fund may be subject to regulations for which provision may be made in the resolution authorizing the issuance of the bonds or in the trust instrument or indenture securing the payment of the same. Section 20. Trust Agreement. In the discretion of the Authority, any issue of revenue bonds may be secured by a trust agreement or indenture made by the Authority with a corporate trustee which may be any trust company or bank having the powers of a

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trust company within or without the State of Georgia. Such trust agreement or indenture may pledge or assign all revenue, receipts, and earnings to be received by the Authority and any proceeds which may be derived from the disposition of any real or personal property of the Authority or proceeds of insurance carried thereon. The resolution providing for the issuance of revenue bonds and such trust agreement or indenture may contain provisions for protecting and enforcing the rights and remedies of the bond owners, including the right of appointment of a receiver upon default in the payment of any principal or interest obligation and the right of any receiver or trustee to enforce collection of any rates, fees, tolls, charges, or revenues for the use of the services or facilities of the project necessary to pay all costs of operation and all reserves provided for, the principal of and interest on all bonds in the issue, all costs of collection, and all other costs reasonably necessary to accomplish the collection of such sums in the event of any default of the Authority. Such resolution and trust agreement or indenture may include covenants setting forth the duties of the Authority in relation to the acquisition of property for and construction of the project and to the custody, safeguarding, and application of all funds of the Authority, including any proceeds derived from the disposition of any real or personal property of the Authority or proceeds of insurance carried thereon, and covenants providing for the operation, maintenance, repair, and insurance of the project and may contain provisions concerning the conditions, if any, upon which additional bonds may be issued. Such resolution and trust agreement or indenture may set forth the rights and remedies of the bond owners and of the trustee and may restrict the individual right of action of any bond owner as is customary in securing bonds and debentures of corporations and may contain such other provisions as the Authority may deem reasonable and proper for the security of the bond owners. All expenses incurred in carrying out such trust may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such trust.

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Section 21. Proceeds of Bonds. Proceeds of the bonds issued under authority of this Act shall be used solely for the payment of the costs of the project or combined projects, and shall be disbursed upon requisition or order of such person and under such restrictions as the resolution authorizing the issuance of such bonds or the trust agreement or indenture may provide. If the proceeds of such bonds, including all series or installments of such issue, by error of calculation or otherwise, shall be less than the cost of the project or combined projects, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust agreement or indenture, additional bonds may in like manner be issued, subject to the requirements of Section 8 (a), hereof, to provide the amount of such deficit, which unless otherwise provided in the resolution authorizing the issuance of the bonds, or in the trust agreement or indenture, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into the fund provided for the payment of principal and interest of such bonds. In the discretion of the Authority, revenue bonds of a single issue or series or installment of such issue may be issued for the purpose of paying the cost of any one or more projects, including a combination of projects. Section 22. Bond Anticipation Notes. The Authority shall have the power and is hereby authorized, whenever revenue bonds of the Authority shall have been validated as aforesaid, to issue, from time to time, its negotiable notes in anticipation of the issuance of such bonds as validated and to renew from time to time any such notes by the issuance of new notes, whether the notes to be renewed have or have not matured. The Authority may issue notes only to provide funds which would otherwise be provided by the issuance of the bonds as validated. The notes may be authorized, sold, executed, and delivered in the same manner as bonds. Any resolution or resolutions

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authorizing notes of the Authority or any issue thereof may contain any provisions which the Authority is authorized to include in any resolution or resolutions authorizing bonds of the Authority or any issue thereof, and the Authority may include in any notes any terms, convenants, or conditions which it is authorized to include in any bonds. All notes shall be general obligations of the Authority payable out of any of its funds or revenues, subject only to any contractual rights of the holders of any of its notes or other obligations then outstanding, provided, however, that there may be specially pledged to the payment of such notes the proceeds to be derived from the issuance of the validated bonds in anticipation of the issuance of which notes shall have been issued. Validation of such bonds shall be a condition precedent to the issuance of such notes, but it shall not be required that such notes be judicially validated. Bond anticipation notes shall not be issued in an amount exceeding the par value of the bonds in anticipation of which they are to be issued. Section 23. Trust Funds. All funds received pursuant to authority of this Act, whether as proceeds from the sale of revenue bonds or as revenues, fees, tolls, charges, or other earnings or as gifts, grants, or other contributions, shall be deemed to be trust funds to be held and applied solely as provided in this Act, and the bond owners entitled to receive the benefits of such funds shall have a lien on all such funds until applied as provided in any such resolution, trust agreement, or indenture of the Authority. Section 24. Venue of Actions, Jurisdiction. Any action to protect or enforce any rights under the provisions of this Act brought in the courts of the State of Georgia, shall be brought in the Superior Court of Fulton County, Georgia, and any action pertaining to validation of the bonds issued under the provisions of this Act and of the contracts constituting the security for bonds shall be brought in said court which shall have exclusive original jurisdiction of such action, provided, however, that any action on any contractual obligation brought against the Authority

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by any political subdivision contracting with the Authority may be brought in the county containing all or the largest part of the area of the political subdivision involved or in Fulton County at the option of the party bringing the action. Section 25. Open Meetings. Meetings of the Authority shall be subject to the provisions of Ga. L. 1972, p. 577, codified in Ga. Code Ann., Ch. 40-33, and to the provisions of Ga. L. 1959, p. 88, codified in Ga. Code Ann., 40-27. Section 26. Public Service Commission Law Not Applicable. The rates, services, and practices relating to the generation, transmission, and sale by the Authority of power to be generated from the projects authorized by this Act shall not be subject to the provisions of the Georgia Public Service Commission law nor to regulation by nor jurisdiction of the Georgia Public Service Commission. Section 27. Political Subdivisions. Political subdivisions with which the Authority shall be authorized to contract, pursuant to the provisions of this Act to provide an electric power supply, shall be those political subdivisions of the State of Georgia which, on the date on which this Act becomes law, own and operate an electric distribution system. Section 28. Construction. This Act, being for the welfare of the State and its inhabitants, shall be liberally construed to effect the purposes hereof. Section 29. Powers Declared Supplementary. The provisions of this Act shall be regarded as supplementary and additional to and cumulative of powers conferred by other laws and shall not be regarded as being in derogation of any powers now existing.

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Section 30. Irrevocable Contract. While any of the bonds or notes issued by the Authority shall remain outstanding, the powers, duties, or existence of the Authority or of its officers, employees, or agents shall not be diminished, impaired, or affected in any manner which will affect adversely the interest and rights of the owners of such bonds or notes, and no other authority, instrumentality, or body will be created or empowered to compete with the Authority so as to affect adversely the interests and rights of the owners of such bonds or notes nor will the State, itself, so compete with the Authority. The provisions of this Act shall be for the benefit of the State, the Authority, and every owner of the Authority's bonds and notes and, upon and after the issuance of bonds or notes under the provisions of this Act, shall constitute an irrevocable contract by the State with the owners of such bonds and notes. Section 31. Severability, Inconsistent Laws Superseded. The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions, and notwithstanding any other evidence of legislative intent, it is hereby declared to be the controlling legislative intent that if any provision of this Act or the application thereof to any person or circumstance is held invalid, the remainder of the Act and the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. Whenever any provision of law shall be found to be in conflict with the provisions of this Act or inconsistent with the purposes hereof, such conflicting law shall be deemed to be superseded, modified, or repealed by the provisions of this Act as the case may require. Section 32. Effective Date. This Act shall be effective immediately upon its approval by the Governor or upon its becoming law without his approval,

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without regard to the provisions of Ga. L. 1968, p. 1364, as amended, codified in Ga. Code Ann., Sec. 102-111. Section 33. Repeal. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1975. REVENUETAXATION OF BANKING SHARES PROVIDED, ETC. Code Chapter 92-24 Amended. No. 91 (House Bill No. 389). An Act to amend Code Chapter 92-24, relating to the taxation of corporations, companies and associations, as amended, so as to provide for the taxation of the shares of banks or banking associations organized under the authority of this State or the United States and located within this State; to provide for the method of taxation of the shares of banks or banking associations; to provide for credits for certain real estate taxes; to provide the procedure for returning taxes; to provide for sworn statements; to authorize the taxing authorities to examine the books of banks or banking associations to determine the correctness of such sworn statements; to authorize taxing authorities to disallow unreasonable unallocated reserves; to provide that banks and trust companies doing a general banking business shall not be required to pay any State income tax, State franchise tax or city or county business license taxes; to provide that a bank or banking association which owns all of the capital stock of a corporation holding, leasing or owning premises upon which an ad valorem tax is levied on such real estate may deduct from the market value of its shares the market value of its equity in said real estate; to provide a credit against the market value of the shares of the bank to adjust for taxes paid by subsidiaries and to exclude capital reserves;

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to provide that a transfer by a bank or banking association transferring deposits from one branch or office to another branch or office to secure a reduction in the rate of tax on its shares or to change the situs of taxation of any proportion of its shares shall incur a tax penalty; to provide for the taxation of the net worth of state building and loan associations organized under the authority of this State or federal savings and loan associations located within this State; to provide for the method of taxation of the net worth of state building and loan associations and federal savings and loan associations; to define net worth; to provide the procedure for making returns; to provide that state building and loan associations and federal savings and loan associations shall return real estate held or owned by them at its true market value in the county in which the real estate is located; to provide that such associations may deduct from the market value of their net worth their equity in said real estate; to provide that branch savings and loan associations shall be taxed on the full market value of the net worth arising from their operation in the counties, municipalities and districts in which they are located, and the parent association shall be relieved of taxation to the extent of such net worth; to provide that state building and loan associations and federal savings and loan associations shall not be required to pay any State income tax, State franchise tax or city or county business taxes; to provide for certain tax credits for any calendar year against taxes levied and paid by banks, banking associations, state building and loan associations and federal savings and loan associations; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 92-24, relating to the taxation of corporations, companies and associations, as amended, is hereby amended by adding a new Code section, to be known as Code section 92-2406, to read as follows:

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92-2406. No tax shall be assessed upon the capital of banks or banking associations organized under the authority of this State or of the United States located within this State, but the shares of the stockholders of the banks or banking associations, whether resident or nonresident owners, shall be taxed at their full market value which is hereby fixed, and shall be determined by adding together the amount of the capital stock, paid-in capital, appropriated retained earnings and retained earnings as defined in the Financial Institutions Code of Georgia and as shown on the unconsolidated statement of condition of the bank or banking association as of January 1 next preceding the date of making the return as required herein and dividing the result by the number of outstanding shares, at the same rate provided by law for the taxation of tangible property in the hands of private individuals, provided, that nothing in this section shall be construed to relieve such banks or banking associations from the tax on real estate held or owned by them, but they shall return said real estate at its true value in the county, municipality and taxing district where such real estate is located, provided, further, that when real estate is fully paid for the value at which it is returned for taxation may be deducted from the market value of their shares; and if said real estate is not fully paid for, only the value at which the equity owned by them therein is returned for taxation shall be deducted from the market value of their shares. There shall also be deducted from such market value of the shares any portion included therein representing (1) investments in subsidiary banks which themselves are subject to the tax imposed by this section, (2) the bank's share of undistributed earnings of such other subsidiaries subject to Georgia corporate taxes, and (3) capital reserves to the extent that such reserves are not unreasonable. The banks or banking associations themselves shall make the returns on or before April 1 of each year of their shares and pay the taxes thereon as herein provided. Banks or banking associations which have no branches shall return all of the shares of all stockholders of such banks or banking associations for taxation in the counties, municipalities and districts in which such banks or banking associations are located. Banks or banking associations which have branches shall return for taxation in the respective counties,

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municipalities and districts in which the banks or banking associations and their branches are located such proportion of the shares of all stockholders of such banks or banking associations as the total deposits on January 1 of each year originating in accounts attributable to each of all such branches and the main office bear to the grand total of all deposits on January 1 of each tax year of such banks or banking associations and shall pay to the respective counties, municipalities and taxing districts the taxes on such proportions of said shares. At the time that a bank or banking association makes its tax returns in the respective counties, municipalities and taxing districts, the bank or banking association shall file with such return a sworn statement showing the total amount of deposits of such bank or banking association on January 1, of such tax year and the amount of the deposits on January 1 of such tax year originating in accounts attributable to the main office and attributable to the branch offices of such bank or banking association. The taxing authorities of each such county, municipality and taxing district are authorized to examine the books of such bank or banking association to determine the correctness of such sworn statement, and may disallow any unreasonable unallocated reserves. Provided, further, that banks and trust companies doing a general banking business shall not be required to pay any State income tax, State franchise tax or city or county business license taxes. Code 92-2406 enacted. Where a bank or banking association organized under the authority of this State or of the United States located within this State owns all of the capital stock of a corporation holding, leasing or owning premises in and on which such bank carries on its business, and an ad valorem tax is levied on such real estate, such bank or banking association may deduct from the market value of its shares the market value of its equity in said real estate, measured by the market value of its capital stock in the holding corporation. A transfer by a bank or banking association of deposits from one branch or office to another branch or office to secure a reduction in the rate of tax on its shares or to change the situs of taxation of any proportion of its shares shall be wholly ineffective for such purpose and the bank

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or banking association making such transfer shall pay to the county, municipality and taxing district from which was made such transfer, in addition to the tax hereinbefore imposed, 25 percent of that part of the taxes on its shares which would have been avoided if such transfer had changed the situs of taxation of a proportion of its shares. Section 2. Said Code Chapter is further amended by adding a new Code section, immediately following Code section 92-2406, to be designated Code section 92-2406.1, to read as follows: 92-2406.1. (a) Every state building and loan association organized under the authority of this State and every federal savings and loan association located within this State shall return its net worth at full market value to the tax commissioner or tax receiver of the county in which the principal office of such state or federal savings and loan association is situated for ad valorem taxation by the State and county, as in the case of other property. For the purposes of this section, net worth shall be defined as all surplus, undivided profits and reserves exclusive of the minimum statutory federal insurance reserve in the case of federal associations or the minimum State required reserve in the case of state-chartered associations. Every such savings and loan association shall, in like manner, return its net worth for taxation by the municipal corporation in which its principal office is situated, as in the case of other property returned for municipal taxation. State building and loan associations and federal savings and loan associations shall make the returns on or before April 1 of each year and pay the taxes as provided herein, and every such return shall set forth the market value of such net worth as of January 1 of such year. The effect of this Section shall be that from January 1, 1975, the net worth of every state and federal savings and loan association located in this State shall be subject to ad valorem taxation by the State and by the county and municipality in which the principal office of such savings and loan association is located, as provided by the Constitution of this State, in the same manner in which other property is subject to taxation. Code 92-2406.1 enacted.

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(b) State building and loan associations and federal savings and loan associations shall return the real estate held or owned by them at its true market value in the county where the real property is located; provided, however, that when real estate is fully paid for, the value at which it is returned for taxation by the savings and loan association which owns it may be deducted from the full market value of the net worth of such savings and loan associations, and if said real estate is not fully paid for, only the value at which the equity owned by them therein is returned for taxation shall be deducted from the full market value of their net worth. Branch savings and loan associations shall be taxed on the full market value of the net worth arising from their operation, in the counties, municipalities and districts in which they are located, and the parent association shall be relieved of taxation to the extent of such net worth. Provided, however, state building and loan associations and federal savings and loan associations shall not be required to pay State income tax, State franchise tax or city or county business license taxes. Section 3. Said Code Chapter is further amended by adding a new Code section, immediately following Code section 92-2406.1, to be designated Code section 92-2406.2, to read as follows: 92-2406.2. Banks and banking associations organized under the laws of this State or the United States and located in this State, federal savings and loan associations, and state building and loan associations shall be entitled to a dollar for dollar tax credit for all tangible personal property taxes, intangible property taxes levied on property owned by such institutions, exclusive of intangible taxes paid on long-term notes secured by real estate, and business license taxes paid to any county or municipality or school district during any calendar year against the taxes levied and paid during such calendar year on the outstanding shares of the State or national banks or the net worth of the state building and loan association or federal savings and loan association. Code 92-2406.2 enacted. Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without

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his approval and shall apply to all taxable years beginning on and after January 1, 1975. Effective date. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 19, 1975. INTERESTLONG TERM REAL ESTATE LOANSCALCULATION OF INTEREST CHANGED. Code 57-101.1 Amended. No. 92 (House Bill No. 736). An Act to amend Code section 57-101.1, relating to the maximum rate of interest on real estate loans, as amended, so as to provide that intangible recording taxes paid by the borrower on long-term real estate loans shall not be considered interest and shall not be taken into account in the calculation of interest; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 57-101.1, relating to the maximum rate of interest on real estate loans, as amended, is hereby amended by adding a new subsection (e) at the end thereof, to read as follows: (e) Intangible recording taxes paid by the borrower on long-term real estate loans shall not be considered interest and shall not be taken into account in the calculation of interest. Code 57-101.1 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 19, 1975.

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BANKS AND BANKINGSTATE REVENUE COMMISSIONER AUTHORIZED TO PROMULGATE RULES REGULATING CERTAIN BANKING INSTITUTIONS. No. 93 (House Bill No. 737). An Act to amend an Act providing that banks and certain other financial institutions shall be taxed in the same manner as private domestic corporations, approved April 17, 1973 (Ga. L. 1973, p. 924), so as to repeal the provisions authorizing the State to collect franchise taxes and income taxes from banks and certain other financial institutions; to authorize the State Revenue Commissioner to promulgate rules and regulations requiring banks and certain other financial institutions to file information returns relative to State income taxes and other forms of taxation; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing that banks and certain other financial institutions shall be taxed in the same manner as private domestic corporations, approved April 17, 1973 (Ga. L. 1973, p. 924), is hereby amended by striking subsection (a) of section 3 in its entirety. Section 2. Said Act is further amended by striking subsection (h) of section 3 in its entirety. Section 3. Said Act is further amended by adding a new section, immediately following section 3, to be designated section 3A, to read as follows: Section 3A. The State Revenue Commissioner is hereby authorized to promulgate rules and regulations to require state and national banking associations, federal savings and loan associations, and state building and loan associations to file information returns relative to State income taxes and other forms of taxation. Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without

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his approval and shall apply to all taxable years beginning on and after January 1, 1975. Effective date. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 19, 1975. GENERAL ASSEMBLYCOMPENSATION OF ADMINISTRATIVE FLOOR LEADER CHANGED, ETC. Code 47-107 Amended. No. 94 (Senate Bill No. 111). An Act to amend Code section 47-107, relating to the salary and allowances of members of the General Assembly, as amended by an Act approved March 16, 1966 (Ga. L. 1966, p. 544), an Act approved March 17, 1967 (Ga. L. 1967, p. 39), an Act approved March 23, 1970 (Ga. L. 1970, p. 647), an Act approved March 29, 1971 (Ga. L. 1971, p. 207), and an Act approved March 16, 1972 (Ga. L. 1972, p. 248), so as to provide the procedure for additional compensation for the Administration Floor Leader of the Senate and the Administration Floor Leader 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. Code section 47-107, relating to the salary and allowances of members of the General Assembly, as amended by an Act approved March 16, 1966 (Ga. L. 1966, p. 544), an Act approved March 17, 1967 (Ga. L. 1967, p. 39), an Act approved March 23, 1970 (Ga. L. 1970, p. 647), an Act approved March 29, 1971 (Ga. L. 1971, p. 207), and an Act approved March 16, 1972 (Ga. L. 1972, p. 248), is hereby amended by striking the following: The Majority Leader and the Minority Leader of the House of Representatives and the Majority Leader, the Minority Leader, the Administration Floor Leader and the

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Assistant Administration Floor Leader of the Senate shall each receive such additional amount per annum as shall be provided by resolution of the respective Houses, but such amount for each shall not be greater than the additional amount provided for herein for the Speaker Pro Tempore of the House of Representatives., and inserting in lieu thereof the following: The Majority Leader, the Minority Leader, and the Administration Floor Leader of the House of Representatives, and the Majority Leader, the Minority Leader, the Administration Floor Leader and the Assistant Administration Floor Leaders of the Senate, shall each receive such additional amount per annum as shall be provided by resolution of the respective Houses, but such amount for each shall not be greater than the additional amount provided by law for the Speaker Pro Tempore of the House of Representatives. Code 47-107 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 20, 1975. REVENUEINCOME TAX PURPOSESINTEREST PROVISIONS CHANGED. No. 105 (House Bill No. 528). An Act to amend the Code of Georgia of 1933, as amended, specifically Ga. L. 1931, Ex. Sess., p. 52, as amended particularly by Ga. L. 1971, p. 673; Ga. L. 1960, pp. 7, 32, as amended particularly by Ga. L. 1961, p. 53; Ga. L. 1960, pp. 7, 39; Ga. L. 1963, pp. 18, 22; Ga. L. 1960, pp. 7, 42, as amended particularly by Ga. L. 1963, pp. 18, 24; Ga. L.

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1960, pp. 7, 44; Ga. L. 1937-38, Ex. Sess., pp. 77, 94, as amended particularly by Ga. L. 1971, p. 378, and Ga. L. 1973, p. 507; and Ga. L. 1937-38, Ex. Sess., pp. 77, 94, as amended particularly by Ga. L. 1945, pp. 272, 274, and Ga. L. 1955, pp. 455, 458, relating to the amount of interest charged a taxpayer for income tax purposes and the amount of interest paid to a taxpayer for income tax purposes; 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. Ga. L. 1931, Ex. Sess., p. 52, as amended particularly by Ga. L. 1971, p. 673, relating to interest and additions to tax in case of deficiencies is hereby amended by striking in its entirety subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows: (a) If any amount of tax imposed by this law is not paid on or before the last date prescribed for payment, interest on such payment at the rate of nine percent per annum shall be paid for the period from such last date to the date paid. Interest. Section 2. Ga. L. 1960, pp. 7, 32, as amended particularly by Ga. L. 1961, p. 53, relating to employee refunds and credits is hereby amended by striking in its entirety subsection (c) (1) and inserting in lieu thereof a new subsection (c) (1) to read as follows: (c) Overpayment. (1) To the extent that the aforesaid credit, together with other credits allowed by law, is in excess of the employee's income tax liability for said taxable year, as shown on an income tax return filed by such employee for that year, such overpayment shall be considered as taxes erroneously paid to be credited or refunded as herein provided. Such overpayment shall be credited to such person's estimated income tax liability for the succeeding taxable year unless such person shall claim a refund therefor; however, the Commissioner is authorized to consider any final return showing an overpayment as per se a claim for refund. An overpayment shall bear no interest if credit is

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given therefor; amounts refunded as overpayments shall bear interest at the rate of nine percent per annum but only after 90 days from the filing date of the final return showing the overpayment, or from the due date of such final return, whichever is later. Section 3. Ga. L. 1960, pp. 7, 39, relating to failure by individual to pay estimated income tax is hereby amended by striking in its entirety subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows: (a) Addition to the tax. In the case of any underpayment of estimated tax by an individual, except as provided in subsection (d), there shall be added to the income tax under section 92-3101 for the taxable year an amount determined at the rate of nine percent per annum upon the amount of the underpayment (determined under subsection (b)) for the period of the underpayment (determined under subsection (c)). Section 4. Ga. L. 1963, pp. 18, 22, relating to failure by corporation to pay estimated income tax is hereby amended by striking in its entirety subsection (1) and inserting in lieu thereof a new subsection (1) to read as follows: (1) Addition to the tax. In case of any underpayment of estimated tax by a corporation, except as provided in subsection (4), there shall be added to the tax under section 92-3102 for the taxable year an amount determined at the rate of nine percent per annum upon the amount of the underpayment (determined under subsection (2)) for the period of the underpayment (determined under subsection (3)). Section 5. Ga. L. 1960, pp. 7, 42, as amended particularly by Ga. L. 1963, pp. 18, 24, relating to refunds and credits of estimated tax is hereby amended by striking in its entirety subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows: (c) Overpayment. To the extent that the aforesaid credit, together with other credits allowed by law, is in

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excess of the taxpayer's income tax liability for said taxable year, as shown on an income tax return filed by such taxpayer for the year, such overpayment shall be considered as taxes erroneously paid to be credited or refunded as herein provided. Such overpayment shall be credited to the taxpayer's estimated income tax liability for the succeeding taxable year unless such taxpayer shall claim a refund therefor; however, the Commissioner is authorized to consider any final return showing an overpayment as per se a claim for refund. An overpayment shall bear no interest if credit is given therefor; amounts refunded as overpayments shall bear interest at the rate of nine percent per annum but only after 90 days from the filing date of the final return showing the overpayment, or from the due date of such final return whichever is the later. Section 6. Ga. L. 1960, pp. 7, 44, relating to assessable penalties, additions to tax, is hereby amended by striking in its entirety subsection (e) and inserting in lieu thereof a new subsection (e) to read as follows: (e) Interest. If the tax imposed by this Chapter on employers is not paid on the date prescribed for payment in section 92-3305b, and is not adjusted as authorized in section 92-3306b, interest on the unpaid amount at the rate of nine percent per annum shall be paid for the period from the due date thereof (irrespective of any extension of time for payment) until the date of payment, the same to be assessed and collected as part of the tax. Section 7. Ga. L. 1937-38, Ex. Sess., pp. 77, 94, as amended particularly by Ga. L. 1971, p. 378, and Ga. L. 1973, p. 507, relating to refunds is hereby amended by striking in its entirety subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows: (a) Appropriation. There is hereby appropriated from the proceeds of every tax and license imposed by law a sum sufficient to refund to taxpayers any and all such taxes which may be determined to have been erroneously or illegally assessed and collected from such taxpayers under the laws of Georgia, whether paid voluntarily or involuntarily and

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interest thereon at the rate of nine percent per annum from the date of payment of same to the State Revenue Commissioner. Such refunds shall be drawn from the treasury on warrants of the Governor issued upon itemized requisitions showing in each instance the person to whom the refund is to be made, the amount thereof and the reason therefor. Section 8. Ga. L. 1937-38, Ex. Sess., pp. 77, 94, as amended particularly by Ga. L. 1945, pp. 272, 274, and Ga. L. 1955, pp. 455, 458, relating to the procedure for granting refunds is hereby further amended by striking in its entirety subsection (b) and inserting in lieu thereof a new subsection (b) to read as follows: (b) Procedure for granting. In any case in which it shall be determined that an erroneous or illegal collection of tax or license has been made by the Commissioner, the taxpayer from whom such tax or license was collected may, at any time within three years after the date of the payment of same to the State Revenue Commissioner, file a claim for refund with the said Commissioner in writing and in such form and containing such information as the Commissioner may require, to include a summary statement of the grounds upon which the taxpayer relies: Provided, that should any person be prevented from filing such application because of his own or his counsel's service in the armed forces during said period, this period of limitation shall date from his or his counsel's discharge, as the case may be, from the service. In the event the taxpayer desires a conference or hearing before the Commissioner in connection with any claim for refund, he shall so specify in writing in the claim, and if the claim conforms with the requirements of this section the said Commissioner shall grant such a conference at a time he shall specify. The Commissioner or his delegate shall consider information contained in taxpayer's claims for refund and such other information as may be available and shall approve or disapprove the taxpayer's claim and notify such taxpayer of his action. In the event any claim for refund is approved, the Commissioner shall forthwith proceed under subsection (a) of this section to give effect to the terms thereof: Provided, further, that any taxpayer whose claim for refund is denied by the Commissioner

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or his delegate, or with respect to whose claim no decision is rendered by the Commissioner or his delegate within one year from the date of filing said claim, shall have the right to sue for refund in the superior court of the county of the residence of the taxpayer, unless the taxpayer be a railroad or other public service corporation or nonresident, in which event the taxpayer shall have the right to suit for refund in the superior court of the county in which is located the taxpayer's principal place of doing business in Georgia, or in which the taxpayer's chief or highest corporate officer or employee resident in Georgia maintains his office: Provided, however, that if the taxpayer is a nonresident individual or foreign corporation having no place of doing business and no officer or employee resident, and maintaining his office, in this State, the taxpayer shall have the right to sue for refund in the superior court of Fulton County or in the superior court of the county in which the State Revenue Commissioner in office at the time the suit is filed resides. No suit or proceeding for the recovery of a refund hereunder shall be be begun before the expiration of one year from the date of filing the claim for refund unless the State Revenue Commissioner or his delegate renders a decision thereon within that time, nor after the expiration of two years from the date said claim is denied: Provided, however, that the two-year period herein prescribed for filing suits for refund shall be extended for such period as may be agreed upon in writing between the taxpayer and the Commissioner during said two-year period or any extension thereof. Section 9. This Act shall become effective upon its approval by the Governor, or its otherwise becoming law, and shall apply to all tax deficiencies outstanding and to all unpaid refunds existing on and after April 1, 1975. Effective date. Section 10. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1975.

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GEORGIA RETAILERS' AND CONSUMERS' SALES AND USE TAX ACT AMENDEDINTEREST RATE ON DELINQUENT TAXES INCREASED. No. 106 (House Bill No. 532). 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 increase the interest rate on delinquent taxes; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. L. 1951, p. 360), as amended, is hereby amended by striking from subsection (c) of section 16 of said Act the following: When any dealer fails to remit the tax, or any portion thereof, on or before the day when such tax shall be required by law to be paid, there shall be added to the amount due interest at the rate of six percent (6%) per annum from the date due until paid; and inserting in lieu thereof the following: When any dealer fails to remit the tax, or any portion thereof, on or before the day when such tax shall be required by law to be paid, there shall be added to the amount due interest at the rate of nine percent (9%) per annum from the date due until paid; provided that, any other provision of law notwithstanding, there shall be added to all refunds of taxes illegally or erroneously collected under this Act, whether paid voluntarily or involuntarily, interest at the rate of nine percent (9%) per annum from the date of collection until refunded. Interest. Section 2. The increased rate of interest for delinquent taxes under section 1 of this Act shall apply to taxes remaining

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delinquent on April 1, 1975, and be computed from such date. Section 3. This Act shall become effective on April 1, 1975. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1975. REGISTRATION OF GEOLOGISTS ACT OF 1975. Code Chapter 84-21A Enacted. No. 108 (House Bill No. 670). An Act to amend Code Title 84, relating to professions, businesses and trades, as amended, so as to provide for the regulation of the practice of geology; to provide a short title; to establish general provisions; to define terms; to provide for unlawful acts; to exempt certain persons from the provisions of the Act; to establsih limitations on the coverage of the Act; to provide for the manner of registration and to require payment of an application fee; to establish minimum qualifications for registered geologists; to provide for the creation by the board of geological specialities and to establish the manner and minimum requirements for certification in a speciality; to provide for examinations; to provide for the manner of payment of a registration fee; to provide for comity; to provide for the issuance renewal and replacement of a Certificate of Registration and establish the effect of a Certificate of Registration; to require the signature or seal on geologic papers and documents prepared or approved by a registered geologist and to provide for seals for registrants; to create a State Board of Registration for Professional Geologists; to provide for the board's composition, manner of nomination and appointment, qualifications of members, terms of office, removal of members and filling of vacancies; to provide for the manner of filing and serving

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documents with the board; to require payment into the State treasury of moneys received by the board; to require the board members to take the constitutional oath; to establish a per diem in addition to payment of other expenses; to provide for and require board meetings; to establish a quorum; to provide for the election of specified officers; to establish duties of the joint-secretary; to provide for the adoption and amendment of regulations; to provide for an official seal; to require the board to keep a public record of its proceedings and register of applicants and to provide that such records shall be prima facie evidence; to require the publication and disbursement of a roster of registered professional geologists; to provide for the adoption, amendment and publication of a code of ethics; to provide for the suspension, revocation and refusal to renew a Certificate of Registration by the board for specified reasons; to provide for and establish the manner of preferring charges against registrants; to provide for the hearing and disposition of charges; to provide for the reissuance of a certificate; to provide for compelled attendance of witnesses and production of documents and the payment of fees and expenses incurred in such activity; to provide for judicial review; to establish certain acts as misdemeanors; to establish the attorney general as legal advisor of the board; to require that the State and its political subdivisions shall contract for geological services only with registered geologists and firms employing registered geologists; 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. Title 84 of the Code of Georgia of 1933, relating to professions, businesses and trades, as amended, is hereby amended by adding a new Chapter to be designated Code Chapter 84-21A, which shall read as follows: CHAPTER 84-21A. GEOLOGY 84-2101A. Short title. This Chapter shall be known as and may be cited as the `Registration of Geologists Act of 1975.' Code Chapter 84-21A enacted.

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84-2102A. Purpose. In order to safeguard life, health and property, and to promote the public welfare, the practice of geology in this State is hereby declared to be subject to regulation in the public interest. This Chapter is enacted in order to introduce qualifying criteria in a presently unregulated professional field. Such action recommends itself through benefits to the safety, health and property of the people of Georgia and to the promotion of the public welfare. These benefits are in the fields of geology as related to engineering, groundwater, mineral exploration and development, geologic hazards, the further development of the science of geology and other geologic matters of concern to the people of the State. 84-2103A. Definitions. As used in this Chapter: (a) `Board' means the State Board of Geologists Examiners. (b) `Geology' means that science which treats of the earth in general; investigation of the earth's crust and the rocks and other materials which compose it; and the applied science of utilizing knowledge of the earth and its constituent rocks, minerals, liquids, gases and other materials for the benefit of mankind. (c) `Geologist' means a person engaged in the practice of geology. (d) `Public Practice of Geology' means the performance of geological service of work such as consultation, investigation, surveys, evaluation, planning, mapping and inspection of geological work, in which the performance is related to public welfare or safeguarding of life, health, property and the environment, except as specifically exempted by this Chapter. A person shall be construed to publicly practice or offer to publicly practice geology, within the meaning and intent of this Chapter, who practices any branch of the profession of geology; or who by verbal claim, sign, advertisement, letterhead, card, or in any other way represents himself to be a geologist, or through the use of some other title implies that he is a geologist or that he is registered under this Chapter; or who holds himself out

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as able to perform, or who does perform any geological services or work recognized as geology. (e) `Registered Geologist' means a person who is registered as a geologist under the provisions of this Chapter. (f) `Registered Certified Speciality Geologist' means a person who is certified as a specialty geologist under the provisions of this Chapter. (g) The term `responsible charge of work' means the independent control and direction by the use of initiative, skill and independent judgment of geological work or the supervision of such work. (h) A `subordinate' means any person who assists a registered geologist or a registered engineer in the practice of geology without assuming the responsible charge of work. (i) A `qualified geologist' means a person who possesses all the qualifications specified in this Chapter for registration except that he is not registered. (j) `Joint-Secretary' means the office as established by Georgia Code Chapter 84-1. 84-2104A. Unlawful acts. (a) It shall be unlawful for any person other than a registered geologist, a registered certified specialty geologist or a subordinate under the direction of one of the above to prepare any geologic plans, reports or documents in which the performance is related to the public welfare or safeguarding of life, health, property or the environment. (b) It shall be unlawful for any person to publicly practice, or offer to publicly practice geology in this State, as defined in the provisions of this Chapter, or to use in connection with his name or otherwise assume, or advertise any title or description tending to convey the impression that he is a registered geologist, unless such person has been duly registered or exempted under the provisions of

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this Chapter. The right to engage in the practice of geology shall be deemed a personal right, based on the qualifications of the individual as evidenced by his certificate of registration, and shall not be transferable. (c) After July 1, 1976, it shall be unalwful for anyone other than a geologist registered under this Chapter to stamp or seal any plans, plats, reports or other documents with the seal or stamp of a registered geologist or registered certified speciality geologist, or to use in any manner the title `registered geologist' or the title of any registered certified speciality geologist unless registered, or registered and certified, hereunder. (d) It shall be unlawful for any person to affix his signature or to stamp or seal any plans, plats, reports, or other documents after the certification of the registrant named thereon has expired or has been suspended or revoked, unless the certificate has been renewed or reissued. 84-2105A. Exemptions. Any person except as specifically exempted below who shall publicly practice or offer to publicly practice geology in this State is subject to the provisions of this Chapter. The following persons are exempt: (a) Persons engaged solely in teaching the science of geology or engaged in nonpublic geologic research in this State. (b) Officers and employees of the United States of America or the State of Georgia, practicing solely as such officers or employyes; or (c) A subordinate to a geologist registered under this Chapter or to a registered engineer insofar as he acts solely in such capacity. This exemption, however, does not permit any such subordinate to practice geology for others in his own right or use the title `registered geologist.' 84-2106A. Limitations. (a) This Chapter does not prohibit one or more geologists from practicing through the medium of a sole proprietorship, partnership or corporation.

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In a partnership or corporation whose primary activity consists of geological services, at least one partner or officer shall be a registered geologist. (b) This Chapter does not prevent or prohibit an individual, firm, company, association or corporation whose principal business is other than the public practice of geology from employing a nonregistered geologist to perform nonpublic geological services necessary to the conduct of their business. (c) Furthermore, this Chapter shall not be construed to prevent or to affect: (1) The practice of any profession or trade for which a license is required under any other law of this State, or the practice of registered professional engineers from lawfully practicing soils mechanics, foundation engineering and other professional engineering as provided in the Georgia Code, or licensed architects from lawfully practicing architecture as provided in the Georgia Code: or (2) The practice of professional geology by a person not a resident of and having no established place of business in this State, when such practice does not exceed in the aggregate more than ninety (90) days in any calendar year, and provided such person is duly licensed or registered to practice such profession in another state where the requirements for a certificate of registration or license are not lower than those specified in this Chapter for obtaining the registration required for such work, and provided further that such nonresident shall file with the board, on or before entering the State for commencing such work, a statement giving his name, residence, the number of his license or Certificate of Registration, and by what authority issued, and upon the completion of the work, a statement of the time engaged in such work within the State; or (3) The practice of a person not a resident of and having no established place of business in this State, or who has recently become a resident hereof, practicing or offering to practice herein for more than ninety (90) days in any

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calendar year the profession of geology, if he shall have filed with the Board and application for a Certificate of Registration and shall have paid the fee required by this Chapter. Such practice shall continue only for such time as the board requires for the consideration of the applicant for registration. 84-2507A. Applications. An application for registration as a geologist or certification in a speciality shall be made under oath, shall show the applicant's education and a detailed summary of his geologic work. The application shall be accompanied by an application fee fixed by the board. 84-2508A. Minimum qualifications. To be eligible for a Certificate of Registration, an applicant shall meet each of the following minimum qualifications: (a) Be of good ethical character. (b) Have graduated from an accredited college or university which has been approved by the board, with either a major in geology, engineering geology or geological engineering; or have completed 45 quarter hours or the equivalent in geological science courses leading to a major in geology, of which at least 36 hours or the equivalent were taken in the third or fourth year, or in graduate courses. The board shall waive academic requirements for a person already practicing geology at the time of passage of this Chapter, provided application for registration is made not later than July 1, 1976, and the applicant can provide evidence to satisfy the board that he is competent to practice public geology. (c) Have at least seven years of professional geological work which shall include either a minimum of three years of professional geological work under the supervision of a registered geologist or a registered civil engineer, except that prior to July 1, 1976, professional geological work shall qualify under this subdivision if it is under the supervision of a qualified geologist or a registered civil engineer, or a minimum of five accumulative years' experience in responsible charge of geological work. The following criteria of education and experience qualify as specified toward accumulation

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of the required seven years of professional geological work: (1) Each year of undergraduate study in the geological sciences shall count as one-half year of training up to a maximum of two years, and each year of graduate study shall count as a year of training. (2) Credit for undergraduate study, graduate study, graduate courses, individually or in any combination thereof, shall in no case exceed a total of four years toward meeting the requirements for at least seven years of professional geological work as set forth above. (3) The board may consider in lieu of the above professional geological work as set out in (c) above, the cumulative total of professional geological work or geological research of persons teaching at the college or university level, provided such work or research can be demonstrated to be of a sufficiently responsible nature to be equivalent to the professional requirements required above. (4) The ability of the applicant shall have been demonstrated by his having performed the work in a responsible position as determined by the board. The adequacy of the required supervision and experience shall be determined by the board in accordance with standards set forth in regulations adopted by it, and (d) Successfully pass such examinations established by the board designed to demonstrate that the applicant has the necessary knowledge and skill to exercise the responsibilities of the public practice of geology. The board shall waive the examination requirement for registration as a geologist or certification in a speciality of an applicant who makes a written application to the board not later than July 1, 1976, and who otherwise meets the qualifications of this Section. 84-2509A. Certification in a specialty. (a) In addition to registering as a geologist, qualified persons may also be eligible for certification in a specialty. Such specialties may

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be created by the board by regulation, with such regulations to contain any required additional qualifications. Only a registered geologist is eligible for certification in a speciality. Application may be submitted for both registration as a geologist and for certification in a specialty at the same time, but the applicant must be approved for registration as a geologist before being considered for certification in a specialty. The certification in a specialty is, in every case, dependent upon the approval of registration as a geologist. (b) An applicant for certification in a specialty shall meet all of the requirements of a registered geologist and such special requirements as the board may establish by regulation, and, in addition, his seven years of professional geological work shall include one of the following: (1) A minimum of three years performed under the supervision of a geologist registered and certified in the specialty for which he is seeking certification or under the supervision of a registered civil engineer if the applicant is seeking registration as an engineering geologist, except that prior to July 1, 1976, professional geological work shall qualify under this subdivision if it is performed under the supervision of a registered civil engineer if the applicant is seeking registration as an engineering geologist; or (2) A minimum of five years' experience in responsible charge of geological work in the specialty for which the applicant is seeking certification. 84-2510A. Examinations. (a) Examinations shall be held at such time and place as the board shall determine, but shall be held at least annually. (b) The board shall determine the fee for and the scope, form and content of the examinations, provided for under this Chapter. 84-2511A. Comity. A person holding a certificate of registration to engage in the practice of geology, on the basis of comparable licensing requirements issued to him by a proper authority of a state, territory, or possession of the

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United States or the District of Columbia, and who, in the opinion of the board otherwise meets the requirements of this Chapter based on verified evidence may, upon application, be registered without further examination. 84-2512A. Issuance, renewal and replacement of certificates. (a) The board shall issue a Certificate of Registration, upon payment of the registration fee as fixed by the Board, to any applicant who, in the opinion of the board, has satisfactorily met all the requirements of this Chapter. Certificates of Registration shall show the full name of the registrant, shall give a serial number, and shall be signed by the chairman and the secretary of the board under seal of the board. The issuance of a Certificate of Registration by the board shall be prima facie evidence that the person named therein is entitled to all the rights and privileges of a registered geologist, while the certificate remains unrevoked or unexpired. (b) All certificates expire annually at such time as may be designated by the board. All applications for renewal shall be filed with the joint-secretary prior to the expiration date, accompanied by the annual renewal fee prescribed by the board. A license which has expired for failure to renew may only be restored after application and payment of the prescribed restoration fee. (c) A new Certificate of Registration to replace any certificate lost, destroyed or mutilated may be issued, subject to the rules of the board and payment of a fee set by the board. 84-2513A. Seals: requirements. Each registrant hereunder, upon issuance of a certificate, shall obtain from the joint-secretary at a cost prescribed by the board, a seal of the design authorized by the board, bearing the registrant's name and the legend `Registered Professional Geologist' or `Certified (subspecialty) Geologist.' All drawings, reports, or other geologic papers or documents involving geologic work as defined in this Chapter which shall have been prepared or approved by a registered geologist or a subordinate employee under his direction for the use of or for delivery

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to any person or for public record within this State shall be signed by him and impressed with said seal or the seal of a nonresident practicing under the provisions of this Chapter, either of which shall indicate his responsibility for them. 84-2514A. Board of registration. (a) A State Board of Registration for Professional Geologists is hereby created whose duty it shall be to administer the provisions of this Chapter. The board shall consist of five (5) geologists, appointed by the Governor approved by the Secretary of State and confirmed by the Senate from among nominees initially recommended by a nominating committee composed of one representative each from the Georgia Geological Society, the Association of Engineering Geologists Southeastern Section, the Georgia Chapter of the American Institute of Mining Engineers, the Georgia Association of Mineral Producing Industries, Inc. and the Commissioner of Natural Resources or his designated agent as an ex officio member. Subsequent nominations will be by ballot from the registered geologists of the State. (b) Each member of the board shall be a citizen of the United States, and shall have been a resident of this State for the six (6) months immediately preceding his appointment. Each of the first appointed geologist members of the board shall be a qualified geologist; each subsequent geologist member of the board shall be a geologist registered under this Chapter. The board shall be comprised of members of the following professional categories: One (1) academic geologist, one (1) governmental geologist, one (1) salaried company geologist, one (1) independent or consultant geologist, one (1) geologist at large, plus the Commissioner of Natural Resources or his designated agent as a permanent ex officio member. (c) The members of the first board shall be appointed within ninety (90) days after the approval of this Chapter to serve the following terms: One (1) member for one (1) year, one (1) member for two (2) years, one (1) member for three (3) years, one (1) member for four (4) years, and one (1) member for five (5) years, from the date of their respective appointments. Members of the board shall hold

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office until the expiration of the term for which they were appointed and until their successors have been appointed and qualified. On the expiration of the term of any member, his successor shall be appointed in like manner by the Governor for a term of five (5) years. (d) No person shall serve as a member of the board for more than one (1) consecutive five (5) year term. (e) The Governor may remove any member of the board for misconduct, incompetency, neglect of duty, or any other sufficient cause. Vacancies in the membership of the board shall be filled for the unexpired term by appointment by the Governor as provided for in this Chapter. (f) The members of said board shall, before entering upon the discharge of their duty, subscribe to and file with the Secretary of State the constitutional oath of officers, whereupon the Secretary of State shall issue to said appointee, certificates of appointment. (g) The members of the board shall receive twenty-five dollars ($25.00) per day while performing their official duties in addition to payment of other expenses which may be provided by law. 84-2515A. Organization and transaction of business. (a) The board shall hold a meeting within thirty (30) days after its members are first appointed and thereafter shall hold at least two (2) regular meetings each year. Three (3) members shall constitute a quorum. An affirmative vote of a majority of the members present shall be necessary to transact business. Regulations adopted by the board may provide for such additional regular meetings as necessary and for special meetings. Notice of all meetings shall be given as may be provided in the regulations. (b) The board shall annually elect a chairman and a vice chairman. The joint-secretary shall be the secretary of the board and, in addition to his duties as prescribed by law, shall perform such other administrative duties as may be prescribed by the board.

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84-2516A. Filing of documents and service of process. All appeals from a decision of the board, all documents or applications required by law to be filed with the board, and any notice or legal process to be served upon the board shall be filed with or served upon the secretary of the board at his office in Atlanta, Georgia. 84-2517A. Powers and duties of the board. In addition to other powers and duties specified in this Chapter, the board shall: (a) Adopt and amend rules and regulations which may be reasonably necessary for this Chapter and the regulation of proceedings before the board. The board and all of its rules, regulations and procedures are subject to and shall comply with the provisions in the Administrative Procedure Act; and (b) Pay to the State treasury all fees and moneys received by it; (c) Adopt and have an official seal. (d) Employ such administrative, investigative, professional and clerical assistance as it shall deem necessary to fulfill the provisions of this Chapter. (e) Set the amount of all fees required by this Chapter. (f) Have such other powers and duties as are necessary to effectuate the provisions of this Chapter. 84-2518A. Records. (a) The board shall keep a public record of its proceedings and a register of all applications for registration. (b) The register shall show (1) the name, the age and residency of each applicant; (2) the date of application; (3) the place of business of such applicant; (4) his education and other qualifications; (5) whether or not an examination was required; (6) whether the applicant was registered; (7) whether a Certificate of Registration was granted; (8) the

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dates of the action by the board; and (9) such other information as may be deemed necessary by the board. All official records of the board, or affidavits by the joint-secretary as to the content of such records, shall be prima facie evidence of all matters required to be kept therein. (c) Except as herein provided, the following shall be treated as confidential and need not be disclosed: (1) Applications, and other personal information submitted by applicants, except to the applicant, the board and its staff. (2) Information, favorable or unfavorable, submitted by a reference concerning an applicant, except to the board and its staff. (3) The deliberations of the board with respect to an application, a complaint or a disciplinary proceeding. 84-2519A. Roster of registered geologists. During the month of December of each year, the joint-secretary shall publish a roster showing the names and places of business of all registered geologists. Copies of this roster shall be mailed to each person so registered upon request, placed on file with the Secretary of State, and furnished to the public upon request and payment of a fee established by the board. 84-2520A. Code of professional conduct. The board shall cause to have prepared and shall adopt a code of professional conduct which shall be made known in writing to every registrant and applicant for registration under this Chapter, and which shall be published in the roster provided for in this Chapter. Such publication shall constitute due notice to all registrants. The board may revise and amend this code of ethics from time to time and shall forthwith notify each registrant in writing of such revisions or amendments. 84-2521A. Complaints. Any person may prefer charges of fraud, deceit, gross negligence, incompetence or misconduct against any registrant. Such charges shall be in writing and shall be sworn to by the person or persons making them and shall be filed with the joint-secretary.

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84-2522A. Discipline. (a) The board shall have the power to suspend, revoke, or refuse to renew the Certificate of Registration of any registrant who is found to have been involved in: (1) The practice of any fraud or deceit in obtaining a Certificate of Registration; (2) Any gross negligence, incompetence, or misconduct in the practice of geology as a professional geologist; (3) Any felony or any crime involving moral turpitude; or (4) The commission of any unlawful act as set forth in this Chapter. (b) Any such action by the board in this regard shall be after a hearing held in accordance with the procedures set forth in section 18(a) of the Georgia Administrative Procedure Act. Any administrative or judicial review of such action shall likewise be in accordance with the procedures set forth in the Administrative Procedure Act. 84-2523A. Reissuance of certificates. The board, by majority vote of the quorum may reissue a Certificate of Registration to any person whose certificate has been revoked upon written application to the board by the applicant, showing good cause to justify such reissuance. 84-2524A. Subpoena. In carrying into effect the provisions of this Chapter the board or its hearing examiner, may compel the attendance of witnesses and the production of such books, records and papers as may be required. For this purpose the board or the hearing examiner at the request of any party or on its own initiative shall issue a subpoena for any witness or a subpoena duces tecum to compel the production of any books, records or papers. Subpoenas shall be issued and enforced in accordance with section 14(a) (7) of the Georgia Administrative Procedure Act. 84-2525A. Misdemeanors. Any person who shall publicly practice, or offer to publicly practice, geology for others in

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this State without being registered in accordance with the provisions of this Chapter, or any person presenting or attempting to use as his own the Certificate of Registration or the seal of another, or any person who shall give any false or forged evidence of any kind to the board or to any member thereof in obtaining a Certificate of Registration, or any person who shall falsely impersonate any other registrant of like or different name, or any person who shall attempt to use an expired or revoked Certificate of Registration or practice at any time during a period the board has suspended or revoked the Certificate of Registration of any person who shall violate any of the provisions of this Chapter, shall be guilty of a misdemeanor. 84-2526A. Attorney General as legal advisor. The Attorney General of this State or any assistant designated by him shall act as legal advisor of the board. 84-2527A. State and subdivisions to contract only with registered geologists. This State and its political subdivisions, such as a county, city or a legally constituted board, district, commission or authority, shall contract for geological services only with persons registered under this Chapter or a firm employing a registered Geologist. Section 2. If any provisions of this Act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provisions or applications, and to this end the provisions of this Act are declared to be severable. Severability. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1975.

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GEO. L. SMITH II GEORGIA WORLD CONGRESS CENTER AUTHORITY OVERVIEW COMMITTEE CREATED. No. 4 (House Resolution No. 204-869). A Resolution. Creating the Geo. L. Smith II Georgia World Congress Center Authority Overview Committee; and for other purposes. Whereas, the Geo. L. Smith II Georgia World Congress Center Authority is charged by law with the construction and operation of a comprehensive international trade and convention center for the State to be known as the Geo. L. Smith II Georgia World Congress Center; and Whereas, the authority is a creature of the General Assembly, having been created for the purpose of constructing and operating the Geo. L. Smith II Georgia World Congress Center; and Whereas, it is incumbent upon the members of the General Assembly to periodically review the efficiency and effectiveness with which said authority is meeting its stautory duties and functions. Now, therefore, be it resolved by the General Assembly of Georgia: Section 1. There is hereby created the Geo. L. Smith II Georgia World Congress Center Authority Overview Committee to be composed of three members of the House of Representatives appointed by the Speaker of the House and three members of the Senate appointed by the President of the Senate. The members of the committee shall serve two-year terms concurrent with their terms as members of the General Assembly. The chairman of the committee shall be appointed by the President of the Senate from the membership of the committee, and the vice chairman of the committee shall be appointed by the Speaker of the House from

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the membership of the committee. The chairman and vice chairman shall serve terms of two years concurrent with their terms as members of the General Assembly. Vacancies in an appointed member's position or in the offices of chairman or vice chairman of the committee shall be filled for the unexpired term in the same manner as the original appointment. The committee shall periodically inquire into and review the operations of the Geo. L. Smith II Georgia World Congress Authority, as well as periodically review and evaluate the success with which the authority is accomplishing its statutory duties and functions as provided in the Geo. L. Smith II Georgia World Congress Center Act (Ga. L. 1974, p. 174), as now or hereafter amended. Section 2. The State Auditor, the Attorney General, and all other agencies of State government, upon request by the committee, shall assist the committee in the discharge of its duties herein set forth. The committee may employ not more than two staff members and may secure the services of independent accountants, engineers and consultants. Section 3. The Geo. L. Smith II Georgia World Congress Center Authority shall cooperate with the committee, its authorized personnel, the Attorney General, the State Auditor and other State agencies 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 perform the functions specified in this Resolution. The Attorney General is authorized to bring appropriate legal actions to enforce any laws specifically or generally relating to the Geo. L. Smith II Georgia World Congress Center Authority. The committee shall, on or before the first day of January of each year, and at such other times as it deems necessary, submit to the General Assembly a report of its findings and recommendations based upon the review of the Geo. L. Smith II Georgia World Congress Center Authority, as set forth herein. Section 4. In the discharge of its duties, the committee shall evaluate the performance of the Geo. L. Smith II Georgia

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World Congress Center Authority consistent with the following criteria: (1) prudent, legal and accountable expenditure of public funds; (2) efficient operation; and (3) performance of its statutory responsibilities. 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, and paying all other 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. Nothing contained within this Resolution shall relieve the Geo. L. Smith II Georgia World Congress Center Authority of the responsibilities imposed upon it under law. Section 7. Unless extended by Joint Resolution of the General Assembly, this Resolution shall stand repealed on July 1, 1978. Approved March 24, 1975. EDUCATIONCERTIFICATION REQUIREMENTS FOR TEACHERS PROVIDED, ETC. No. 109 (House Bill No. 671). An Act to amend an Act known as the Adequate Program for Education in Georgia Act, approved March 26, 1974

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(Ga. L. 1974, p. 1045), so as to provide certain requirements relative to the certification of teachers, principals and guidance counselors; 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 Adequate Program for Education in Georgia Act, approved March 26, 1974 (Ga. L. 1974, p. 1045), is hereby amended by adding a new subsection at the end of section 55 to be designated subsection (c) and to read as follows: (c) After July 1, 1976, any person certified as a teacher, principal or guidance counselor pursuant to subsection (a) of this section shall have satisfactorily completed a course of five or more quarter hours, approved by the State Board of Education, in the identification and education of children who have special educational needs, or shall have satisfactorily completed an equivalent preparation in a staff development program designed to assist teachers, principals and guidance counselors in the identification and education of children who have special educational needs, provided such staff development program shall have received prior approval of the State Board of Education. As used herein, `children who have special educational needs' means such children as defined by section 5 of this Act. Those teachers, principals and guidance counselors of other states who would be employed and certified in Georgia schools but lack the requirements of this provision shall have a period of one year from date of employment to obtain this prescribed training. Teachers already certificated in Georgia shall have until their re-certification date or one year, whichever is greater, to comply with this Act. Section 2. Anyone taking this course shall receive credit toward certification and in step raises for this course. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1975.

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REVENUEMOTOR VEHICLES IN DEALER'S INVENTORY CLASSIFIED FOR AD VALOREM TAXATION. No. 110 (House Bill No. 778). An Act to amend an Act providing for the classification of motor vehicles as a separate and distinct class of tangible property for ad valorem taxation purposes and providing for a different rate, method of assessment, and manner of collecting ad valorem taxes due thereon, approved March 16, 1966 (Ga. L. 1966, p. 517), as amended by an Act approved March 17, 1967 (Ga. L. 1967, p. 91), so as to provide that ad valorem taxes on motor vehicles held in a dealer's inventory as of January 1st shall be paid on or before April 1st where the motor vehicle is sold by the dealer prior to April 1st and otherwise that the ad valorem on such motor vehicles shall be paid at the time the motor vehicle is sold or on December 20th, whichever date comes first; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the classification of motor vehicles as a separate and distinct class of tangible property for ad valorem taxation purposes and providing for a different rate, method of assessment, and manner of collecting ad valorem taxes due thereon, approved March 16, 1966 (Ga. L. 1966, p. 517), as amended by an Act approved March 17, 1967 (Ga. L. 1967, p. 91), is hereby amended by striking from section 1A the following: The taxing authorities of each county shall determine the tax due on each dealer vehicle at the same mill rate as other motor vehicles, which taxes shall be paid on or before April 1 of such calendar year. All such motor vehicle license forms shall then be marked returned for tax purposes so that each such vehicle may then be sold and licensed as if all ad valorem taxes had been paid for the current year under the provisions of this Act.,

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and substituting in lieu the following: The taxing authorities of each County shall determine the tax due on each dealer vehicle at the same mill rate as other motor vehicles, which taxes shall be paid as follows: the ad valorem taxes on motor vehicles held by a dealer for sale and sold between January 1st and April 1st are due and shall be paid on or before April 1st. The ad valorem taxes on motor vehicles held by a dealer for sale and sold between April 1st and December 20th are due and shall be paid at the time the motor vehicle is sold. The ad valorem taxes on motor vehicles held by a dealer for sale but remaining unsold are due and shall be paid on December 20th. All such motor vehicle license forms shall then be marked returned for tax purposes so that each such motor vehicle may be sold and licensed and the ad valorem taxes paid as herein provided. Tax. 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 25, 1975. CHILDRENLAW REPEALED ALLOWING COMMITMENT OF CERTAIN CHILDREN TO DEPARTMENT OF CORRECTIONS. Code 24A-2304 Repealed. No. 111 (House Bill No. 860). An Act to repeal Code section 24A-2304, relating to commitment of certain children by the Juvenile Court to the custody of the Department of Corrections; 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 24A-2304, relating to children not amenable to rehabilitation or treatment, which reads as follows: 24A-2304. Child not Amenable to Rehabilitation or Treatment. In the event a delinquent or unruly child is found to not be amenable to rehabilitation or treatment, the court may commit said child to the custody of the Department of Corrections., Code 24A-2304 repealed. is hereby repealed in its entirety. 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 25, 1975. SOUTHERN JUDICIAL CIRCUITADDITIONAL JUDGE PROVIDED. No. 115 (Senate Bill No. 60). An Act to add one additional judge of the Superior Courts of the Southern Judicial Circuit of Georgia; to provide for the appointment of such additional judge by the Governor; to provide for the election of successors to the judge initially appointed; to prescribe the powers of said judge; to prescribe the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia and the counties comprising said circuit; to authorize the judges of said courts to divide and allocate the work and duties thereof; to require candidates for such judgeships to designate the places for which they are running; to provide for the manner of empanelling jurors; to provide for an additional court reporter for said circuit; to provide

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for courtroom and chamber space; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Under and in accordance with the provisions of Article VI, Section III, Paragraph I, of the Constitution of the State of Georgia of 1945, one additional judge of the Superior Courts for the Southern Judicial Circuit of Georgia is hereby added, thereby increasing to three the number of judges of the superior courts for said circuit, effective April 1, 1975. Section 2. Said additional judge shall be appointed by the Governor for a term of office beginning April 1, 1975, and continuing through December 31, 1976, and until his successor is elected and qualified; such judge shall be appointed by the Governor prior to April 1, 1975, and shall take office on that date. His successor shall be elected in a manner provided by law for the election of judges of the superior courts of this State at the general election in November, 1976, for a term of four years beginning on the first day of January, 1977, and until his successor shall have been elected and qualified. Future successors shall be elected at the general election each four years for terms of four years and until their successors are elected and qualified. They shall take office on the first day of January following the date of the election. Such elections shall be held and conducted in the manner hereafter provided by law for the election of judges of superior courts of this State. Appointment. Section 3. Every person who offers for nomination and election as one of the judges of said superior courts for the Southern Judicial Circuit of Georgia shall designate with the State party authority in all State primaries and with the proper authority in all general elections the specific place for which he offers by naming the incumbent judge whom he desires to succeed and thereupon he shall be qualified, if otherwise qualified, to run for said specific judgeship and no other. In the event there is no incumbent judge in the place for which he desires to offer, the candidate shall

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qualify by announcing his intention to run for the office for which there is no incumbent. Section 4. The additional judge of the Superior Courts for the Southern Judicial Circuit of Georgia shall have and may exercise all powers, duties, dignity, jurisdiction, privileges and immunities of the present judges of the superior courts of this State. Any of the three 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 judges of the Superior Courts of the Southern Judicial Circuit. The provisions heretofore enacted for supplement by the counties of said circuit for the present judges shall also be applicable to the additional judge provided for by this Act. Qualifications. Section 6. All writs and processes in the Superior Courts of the Southern Judicial Circuit shall be returnable to the terms of said superior courts as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law, and all terms of said courts shall be held in the same manner as though there were but one judge, it being the intent and purpose of this Act to provide three 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 three judges of the Superior Courts for the Southern Judicial Circuit of Georgia in transacting the business of said courts and in performing their duties and responsibilities, shall share, divide and allocate the work and duties to be performed by each. In the event of any disagreement between said judges in any respect hereof, the decision of a majority shall be controlling. If there is

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no majority the decision of the senior judge in point of service, who shall be known as Chief Judge shall be controlling. The judge with the longest period of time of service shall be the Chief Judge. The Chief Judge shall have the right to appoint referees of the juvenile courts of the counties comprising said circuit; and, in the event a juvenile court is established in any county within said circuit under the provisions of the Juvenile Court Act of 1951, as amended, the Chief Judge shall appoint the judge of said court as provided by law. If there be no judge among the three who is senior in point of service, the three judges shall elect from this number a senior judge who shall be known as Chief Judge. The three judges of the Superior Courts of the Southern 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 fixing the calendars and order of business in said courts. They may assign the hearing of trials by jury for a term or a part thereof to one or more of said judges, and the hearing of all other matters not requiring a trial by a jury to another judge, or judges, and they may alternate such order of business at other terms as they deem proper. They may conduct trials by jury at the same time in the same county or otherwise within said circuit, 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 majority or of the Chief Judge as hereinbefore provided shall control. Judges. Section 8. The drawing and empanelling of all juriors, whether grand, petit, or special may be by any of the judges of the superior courts of said circuit, and they, or any of them, shall have full power and authority to draw and empanel jurors for service in said courts so as to have jurors

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for service in said courts so as to have jurors for the trial of cases before any of said judges separately, or before any of them at the same time. Section 9. The additional judge of the Southern Judicial Circuit shall be authorized and empowered to appoint an additional court reporter for such circuit, whose compensation shall be as now or hereafter provided by law. Court reporter. Section 10. The governing authority of the respective counties comprising the Southern Judicial Circuit are hereby fully authorized and empowered to provide such suitable courtroom, jury rooms and chambers for the three judges of the Southern Judicial Circuit as may be necessary upon the recommendation of said judges. Courtroom. Section 11. All writs, processes, orders, subpoenas, and any other official paper issuing out of the Superior Courts of the Southern Judicial Circuit may bear teste in the name of any judge of said Southern Judicial Circuit, and when issued by and in the name of any judge of said circuit, shall be fully valid and may be heard and determined before the same or any other judge of said circuit. Any judge of said courts may preside over any cause therein and perform any official act as judge thereof. Section 12. The sections of this Act are separately enacted and it is the intention of the General Assembly that if any one or more sections of this Act should be declared unconstitutional by the Supreme Court of Georgia, or the Supreme Court of the United States, such declaration shall not affect the other or remaining sections of this Act. Severability. Section 13. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 14. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1975.

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WORKMEN'S COMPENSATION ACT AMENDED. Code Title 114 Amended. No. 116 (Senate Bill No. 196). An Act to amend Code Title 114, relating to Workmen's Compensation, as amended, so as to delete the requirement that an employer be engaged in a business operated for gain or profit; to provide for uniform coverage of all county and school district employees; to delete the requirement that the parties be represented by counsel to effect a settlement; to eliminate obsolete reference to railroads operated by steam; to increase the maximum weekly compensation for total incapacity and eliminate the limitation of 400 weeks; to increase the maximum weekly compensation for partial incapacity and the total compensation payable for partial incapacity; to increase the maximum limit for total compensation payable to dependents and provide for total compensation payable to a surviving spouse who is a sole dependent at the time of death and where there is no other dependent for one year or less after death of the employee; to revise provisions for medical and other treatment to include vocational rehabilitation, replacement of prosthetic devices, and maintenance benefits away from home; to provide for compliance, inspections, and investigations, and authorize a penalty for refusal to permit inspections; to provide for other matters relative to the foregoing; 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. Code Title 114, relating to Workmen's Compensation, as amended, is hereby amended by striking Code section 114-101 in its entirety and inserting in lieu thereof a new Code section 114-101, to read as follows: 114-101. `Employer' and `employee' defined. `Employer' shall include the State of Georgia and all departments, instrumentalities and Authorities thereof, each county within the State including its school district, each independent

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public school district, any municipal corporation within the State and any political division thereof, any individual, firm, association or corporation engaged in any business, except as hereinafter provided, and the receiver or trustee of the same, any electric membership corporation organized under Chapter 34B-1 of the Code of Georgia or other cooperative corporation engaged in rural electrification, including electric refrigeration cooperatives, any telephone cooperative organized under Chapter 104-3, or other cooperative or non-profit corporation engaged in furnishing telephone service, and the legal representative of a deceased employer, using the service of another for pay. If the employer is insured, this term shall include his insurer as for as applicable. Code 114-101 amended. `Employee' shall include every person in the service of another under any contract of hire or apprenticeship, written or implied, except one whose employment is not in the usual course of the trade, business, occupation or profession of the employer and, except as hereinafter provided, minors are included even though working in violation of any child labor law or other similar statute: Provided, that nothing herein contained shall be construed as repealing or altering any such law or statute. Any reference to any employee who has been injured shall, when the employee is dead, include also his legal representatives, dependents and other persons to whom compensation may be payable, pursuant to the provisions of this law. All firemen and policemen whose compensation is paid by the State or any county or municipality, regardless of the method of appointment or employment, are hereby specifically included herein. All full-time county employees and employees of elected salaried county officials are hereby specifically included herein. There shall also be included within said term the various elected county officers of an individual county if the governing authority of said county shall provide therefor by appropriate resolution. All planning commissions created pursuant to section 69-1201, relating to the creation of planning commissions by certain political subdivisions, are hereby authorized to provide workmen's compensation insurance coverage on their employees. Before any such planning commission can provide any such insurance coverage, it shall adopt an appropriate

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resolution, at any public meeting of the commission, setting forth the procedure for furnishing and maintaining such insurance coverage. From the date of the adoption of such resolution, any such planning commission shall be deemed to be an employer and each of its employees to be an employee within the meaning of the laws relating to and governing Workmen's Compensation in Georgia: Provided, however, that said planning commission may by appropriate notice to employees and by proper resolution elect to withdraw from coverage under said law. Section 2. Said Code Title is further amended by striking Code section 114-106 in its entirety and inserting in lieu thereof a new Code section 114-106, to read as follows: 114-106. Settlements encouraged. Nothing herein contained shall be construed so as to prevent settlements made by and between the employee and employer, but rather to encourage them, so long as the amount of compensation and the time and manner of payment are in accordance with the provisions of this Title. A copy of any such settlement agreement shall be filed by the employer with the State Board of Workmen's Compensation, and no such settlement shall be binding until approved by the board. Whenever it shall appear to the board, by stipulation of the parties or otherwise that there is a bona fide dispute as to facts, the determination of which will materially affect the right of the employee or dependent to recover compensation or the amount of compensation which would be recovered, or that there is a genuine dispute as to the applicability of this Title, and it further appears that the parties have agreed upon a settlement between themselves, which settlement gives due regard and weight to the conflicting evidence available relating to the disputed facts, or to the questions as to the applicability of this Title, then, upon such determination, the board shall approve such settlement and enter an award conforming to the terms of such settlement, even though such settlement may provide for the payment of compensation in a sum or sums less than would be payable if there were no conflict as to the employee's right to recover compensation; where such settlement has been agreed upon and approved by the board, the same shall constitute a

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complete and final disposition of all claims on account of the incident, injury or injuries referred to therein and the board shall not be authorized to enter upon any award subsequent to such board approval amending, modifying or changing in any manner the said settlement, nor shall said settlement be subject to review by the board under Section 114-709. Code 114-106 amended. Section 3. 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 is inapplicable; intrastate common carriers by railroad, farm laborers, domestic servants, and others. This Title shall not apply to common carriers, by railroad engaged in intrastate trade or commerce, nor shall this Title be construed to lessen the liability of such common carriers or take away or diminish any right that any employee, or in case of his death the personal representative of such employee, of such common carrier, may have under the laws of this State; nor to employees, whose employment is not in the usual course of trade, business occupation or profession of the employer or not incidental thereto; nor to farm laborers or domestic servants; nor to 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 4. 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: 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 $95 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. Code 114-404 amended.

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Section 5. 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 $70 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 $24,500. Code 114-405 amended. Section 6. 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 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 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 incapacity, 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. The compensation provided for in this section shall be payable only to dependents and only during dependency.

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The total compensation payable under this Section to a surviving spouse as a sole dependent at the time of death and where there is no other dependent for one year or less after the death of the employee shall in no case exceed $32,500. Section 7. Said Code Title is further amended by striking Code section 114-501 in its entirety and inserting in lieu thereof a new Code section 114-501, to read as follows: 114-501. Medical, vocational rehabilitation, and other treatment; artificial members; effect of refusal to accept. The employer shall furnish the employee, entitled to benefits under Title 114, such medical, surgical, hospital, vocational rehabilitation, and other treatment, including medical and surgical supplies, original artificial members, prosthetic devices and aids, and replacement of artificial members, prosthetic devices and aids damaged or destroyed in a compensable accident, which in the judgment of the State Board of Workmen's Compensation shall be reasonably required and appear likely to effect a cure, give relief, or restore the employee to suitable employment: Provided, the total amount shall not exceed $5,000, unless in the judgment of the board additional expenditures are reasonably required and appear likely to effect a cure, give relief, or restore the employee to suitable employment. Code 114-501 amended. The costs of vocational rehabilitation for the employee's restoration to suitable employment while away from the employee's home shall include the reasonable cost of his board, lodging, and travel. The period for vocational rehabilitation shall not exceed 52 weeks unless in the judgment of the board an extension of said period is required and appears likely to restore the employee to suitable employment. The board may require recommendations from a panel of specialists in determining whether or not the extension of the 52-week period is justified. The decision of the board to grant or deny additional medical and vocational rehabilitation benefits hereunder shall be in writing and sent to all interested parties. Any party being dissatisfied with said decision may, within

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thirty days of the date of same, request a hearing before the full board. A request for such a hearing shall not act as a supersedeas as to the payment of additional benefits. The decision of the full board after a hearing shall be subject to appeal pursuant to section 114-710. Upon the request of an employee or an employer, the board may in its judgment, after giving notice in writing of said request to all interested parties and allowing any interested party 10 days from the date of said notice to file in writing its objections to said request, order a change of physician or treatment and designate other treatment or another physician, and in such case, the expenses shall be borne by the employer upon the same terms and conditions as hereinbefore provided. The refusal of the employee without reasonable cause to accept any medical, hospital, surgical, vocational rehabilitation, or other treatment, as provided by this Section, when ordered by the board, shall entitle the board in its discretion to suspend, reduce, or limit the compensation otherwise payable to such employee unless in the opinion of the board the circumstances justify the refusal, as determined in the manner provided under section 114-706. The board may require recommendations from a panel of specialists in determining whether or not said suspension, reduction, or limitation of compensation is justified. An emergency, on account of the employer's failure to provide the medical or other care as herein specified or for other cogent reasons, authorizes the employee to seek temporary care as may be necessary. The employer shall pay the reasonable cost of the temporary care, within the limits of the amount set forth above, if ordered by the board. Section 8. Said Code Title is further amended by adding, immediately following Code section 114-615, a new Code section to be numbered Code section 114-616 to read as follows: 114-616. Compliance; inspection; penalty. The board and its authorized representatives shall have the power and

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authority to enter and inspect any place of employment and payroll and employment records at any reasonable time for the purpose of investigating compliance with this Title and making inspections for the proper enforcement of this Title. The wilful refusal of an employer to permit inspections and investigations pursuant to this Section shall subject the employer to a penalty to be assessed by the board not exceeding $50 per day so long as the refusal shall continue: Provided, however, no penalty shall be assessed except after notice of not less than 10 days and a hearing thereon before the board. Code 114-616 amended. Section 9. This Act shall become effective April 1, 1975, and shall apply to accidental injuries sustained on and after April 1, 1975, unless it is approved or becomes law without the approval of the Governor after April 1, 1975, in which event it shall become effective on the first day of the following month. Effective date. Section 10. 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 the remainder of this Act or any part hereof, other than the part so held to be invalid, and the remaining provisions of this Act shall remain in full force and effect. It is the express intention of this Act to enact each provision of the Act independently of any other provision hereof. Severability. Section 11. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1975. WORKMEN'S COMPENSATION ACT AMENDED. Code 54-108-54-115, 54-121, 54-137-54-141, 54-9911 Repealed. Code 54-117, 54-9910 amended. Code Title 114 Amended. No. 118 (Senate Bill No. 245). An Act to repeal Code sections 54-108 through 54-115, section 54-121, sections 54-137 through 54-141, and section 54-9911,

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all relating to the organization and operation of the State Board of Workmen's Compensation; to amend Code sections 54-117 and 54-9910; and to amend Code Title 114, relating to workmen's compensation, as amended, so as to include therein provisions relating to the organization and operation of the State Board of Workmen's Compensation; to designate as administrative law judges all members of the State Board and all deputy directors; to provide for the conduct of hearings, the admissibility of evidence entered therein, and the award rendered thereupon; to provide for the remand by the State Board of cases before it on review to a single member or a deputy director for reconsideration and issuance of a new award or for taking of additional evidence; to provide for the amendment or revision of an award by the State Board within time limits provided for review by the full Board or for appeal to superior court; to provide for an examining physician; to provide for penalties; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code sections 54-108 through 54-115, section 54-121, sections 54-137 through 54-141, and section 54-9911, all relating to the organization and operations of the State Board of Workmen's Compensation, are hereby repealed in their entirety. Code 54-108-54-115, 54-121, 54-137-54-141, 54-9911 repealed. Section 2. Code Title 54 is hereby amended by striking Code section 54-117 in its entirety and inserting in lieu thereof a new Code section 54-117, to read as follows: 54-117. Traveling expenses. The Commissioner and the employees of the Department of Labor shall be entitled to receive from the State their necessary and actual expenses for traveling on business of the department, either within or without the State of Georgia. Such expenses shall be paid by the State in the same manner as other similar expenses are paid. Code 54-117 amended. Section 3. Code Title 54 is further amended by striking

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Code section 54-9910 in its entirety and inserting in lieu thereof a new Code section 54-9910, to read as follows: 54-9910. False evidence to Commissioner of Labor. Any person who shall knowingly testify falsely, under oath, or shall knowingly make, give or produce any false statements or false evidence, under oath, to the Commissioner of Labor or his authorized representatives shall be deemed guilty of perjury. Code 54-9910 amended. Section 4. Code Title 114, relating to workmen's compensation, as amended, is hereby amended by striking Code section 114-412 in its entirety and inserting in lieu thereof a new Code section 114-412, to read as follows: 114-412. Compensation for hernia or for death therefrom. In all claims for compensation for hernia resulting from injury by accident arising out of and in the course of the employee's employment it must be definitely proved to the satisfaction of the State Board of Workmen's Compensation: First, that there was an injury resulting in hernia; second, that the hernia appeared suddenly; third, that it was accompanied by pain; fourth, that the hernia immediately followed an accident; fifth, that the hernia did not exist prior to the accident for which compensation is claimed. All hernia, inguinal, femoral or otherwise, so proven to be the result of an injury by accident arising out of and in the course of the employment, shall be treated in a surgical manner by radical operation. If death results from such operation, the death shall be considered as a result of the injury, and compensation paid in accordance with the provision of section 114-413. In nonfatal cases, time loss only shall be paid unless it is shown by special examination, as provided in section 114-503, that the injured employee has a permanent partial diability resulting after the operation. If so, compensation shall be paid in accordance with the provisions of section 114-405 with reference to partial disability. In case the injured employee refuses to undergo the radical operation for the cure of said hernia, no compensation shall be allowed during the time such refusal continues. If, however, it is shown that the employee has some chronic disease or is otherwise in such physical condition

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that the Board considers it unsafe for the employee to undergo said operation, the employee shall be paid as provided in section 114-405. Code 114-412 amended. Section 5. Code Title 114 is further amended by striking Code section 114-701 in its entirety and inserting in lieu thereof a new Code section 114-701, to read as follows: 114-701. State Board of Workmen's Compensation; creation; appointment; powers of authority. There is hereby created and established within the Department of Labor a Board to be known as the State Board of Workmen's Compensation, composed of three members who shall be appointed by the Governor for a term of four years, by and with the advice and consent of the Senate, and each member shall hold office until his successor shall have been appointed and qualified. An individual chosen to fill a vacancy shall be appointed only for the unexpired term of the member whom he shall succeed. The State Board of Workmen's Compensation shall have all powers, authorities and duties formerly vested in the Industrial Board for the administration of the workmen's compensation law. Code 114-701 amended. Section 6. Said Code Title is further amended by inserting after Code section 114-701, and before Code section 114-702, new Code sections 114-701.1 through 114-701.17, to read as follows: 114-701.1. State Board of Workmen's Compensation; qualifications of members. The chairman shall be a person who on account of his previous employment, affiliation, or experience shall be classified as capable of representing the public at large. One of the remaining two Board members appointed by the Governor other than the chairman shall be a person who on account of his previous employment, association, or affiliation shall be considered as a representative of employers, and the one remaining member of said Board shall be a person whose previous employment or affiliation has been as a member of a group subject to the provisions of the workmen's compensation law as an employee regardless as to whether the employment of such person has been with a person, firm, or corporation actually

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operating under the workmen's compensation law, and who shall be considered as a representative of employees. Code 114-701.1 enacted. 114-701.2. Same; oath. All members of said Board, including the chairman thereof, shall, before entering upon the duties of their office, take an oath for the faithful discharge of their duties. Code 114-701.2 enacted. 114-701.3 Same; bond of members. All members of said Board, including the chairman thereof, shall, before entering upon the duties of their office, execute such bond as may be required by the Governor for the protection of the State and those having business before the Board. The expense of such bond to be paid by the State, such bond to be conditioned upon the faithful discharge of the duties of such member of the Board and his faithful accounting for all moneys coming within his custody or control, whether such funds shall be the property of the State of Georgia, or of any other person, firm, or corporation. Code 114-701.3 enacted. 114-701.4. Same; removal. Any member of the State Board of Workmen's Compensation may be removed by the Governor for neglect of duty or malfeasance in office, provided written charges are served upon the member at least 10 days prior to a hearing thereon before the Governor and the constitutional officers of this State; and provided, further, a majority shall find that the member is guilty of the charges preferred under the provisions of this Chapter or if he ceases to represent the interests on whose behalf he was appointed, but for no other cause. Code 114-701.4 enacted. 114-701.5. Same; officials, personnel and employees placed under State Merit System. All officials, personnel and employees of the State Board of Workmen's Compensation are hereby placed under the State Merit System and shall be subject to the laws and rules and regulations relative to said system; provided, however, that except for compensation, suc laws and rules and regulations shall not apply to the members of the Board, the deputy directors and the secretary-treasurer, whose method of appointment, removal and terms of office shall remain as now provided by law. Code 114-701.5 enacted.

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114-701.6. Same; powers relating to workmen's compensation law. The State Board of Workmen's Compensation shall exercise all powers and perform all the duties relating to the enforcement of the workmen's compensation law. Code 114-701.6 enacted. 114-701.7 Same; procedure, adoption of rules of. The State Workmen's Compensation Board is hereby empowered and authorized to and shall adopt proper rules of procedure to govern the exercise of its functions and of hearings before the Board or any of its members or deputy directors. Code 114-701.7 enacted. 114-701.8. Same; chairman, appointment, term, vacancy. The Governor shall appoint one member of said Board as chairman, and the appointee shall hold his office for four years and until his successor shall have been appointed and shall have qualified. Any vacancy in the office shall be filled by the Governor for the unexpired portion of the term. Code 114-701.8 enacted. 114-701.9. Traveling expenses. The members and deputy directors of the State Board of Workmen's Compensation shall be entitled to receive from the State their necessary and actual expenses for traveling on business of the Board, either within or without the State of Georgia, and such expenses shall be paid by the State in the same manner as other similar expense is paid. Code 114-701.9 enacted. 114-701.10 Directors emeritus of State Board of Workmen's Compensation; eligibility appointment. There is hereby created the office of director emeritus of the State Board of Workmen's Compensation. Any director of the State Board of Workmen's Compensation now or hereafter in office shall be eligible for appointment as director emeritus of the State Board of Workmen's Compensation provided that such member of the Board has reached the age of 60 years and has also attained 20 consecutive years of service in the capacity of chairman, director, deputy director, member of the General Assembly of Georgia or a combination of consecutive service in these offices of the State Board of Workmen's Compensation; further provided that not more than five years service in the General Assembly shall be allowed as service credit hereunder. The Governor shall appoint to such position as director emeritus anyone eligible

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under the provisions of this law who shall advise the Governor in writing that he desires to resign from the office of director of the State Board of Workmen's Compensation and accept appointment as director emeritus of the State Board of Workmen's Compensation, stating in such notice the date upon which the resignation as director and appointment as director emeritus shall become effective, and upon such notice the Governor shall make such appointment effective upon the date requested and the resignation as director of the State Board of Workmen's Compensation shall be automatically effective as of the same date as the appointment as director emeritus. Code 114-701.10 enacted. 114-701.11. Same; life tenure; compensation. All persons appointed to the office of director emeritus of the State Board of Workmen's Compensation as provided and created by this law, shall hold such office for life. A director emeritus of the State Board of Workmen's Compensation shall receive an annual salary in an amount equal to two-thirds of the annual salary provided by law for a director of the State Board of Workmen's Compensation at the time of appointment of such director emeritus, said salary to be paid to such director emeritus by the State Board of Workmen's Compensation in monthly or semimonthly installments out of the funds as provided by law for the operation of said Board. Code 114-701.11 enacted. 114-701.12. Same; duties. It shall be the duty of a director emeritus of the State Board of Workmen's Compensation to serve in an advisory capacity to the said State Board of Workmen's Compensation and to lend his advice and counsel concerning matters of administration of the Workmen's Compensation Act of Georgia; when called upon to do so by said Board; provided, however, that a director emeritus of the State Board of Workmen's Compensation shall not participate directly or indirectly in the hearing or the decision of any cases coming before said Board for decision. Code 114-701.12 enacted. 114-701.13. Same; filling vacancies on Board caused by appointment of director emeritus. Vacancies caused on the State Board of Workmen's Compensation by such resignation of a member of said Board and appointment as director

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emeritus as provided in this law, shall be filled in the manner prescribed by law for filling vacancies otherwise occurring on the Board, but no vacancy shall be deemed to exist on the Board because of the death or resignation of a director emeritus as defined and created by this law. Code 114-701.13 enacted. 114-701.14. Designation of members and deputy directors as administrative law judges. All members of the State Board of Workmen's Compensation and all deputy directors are hereby designated as administrative law judges for the purposes of serving as hearing officers and exercising judicial functions in the implementation of the provisions of this Code Title. Code 114-701.14 enacted. 114-701.15. Secretary-treasurer; clerical help; expenses. (a) The chairman of the State Board of Workmen's Compensation may appoint a secretary-treasurer, who shall give bond in the sum prescribed by the State Board of Workmen's Compensation, and who may be removed by them; (b) the Board may also, subject to the approval of the Governor, employ such clerical or other assistants as may be deemed necessary; (c) the members and their assistants shall be entitled to receive their actual necessary expenses while traveling on the business of the Board, but the expenses shall be sworn to by such person incurring the same and shall be approved by the chairman before payment is made; (d) all of the salaries and expenses of the members, including that of the chairman, shall be audited and paid out of the funds in the hands of the secretary-treasurer according to rules and regulations prescribed by the Board. Code 114-701.15 enacted. 114-701.16. Authority of Commissioner of Labor over State Board of Workmen's Compensation advisory only. The Commissioner of Labor is not authorized and empowered to appoint a secretary and treasurer of the State Board of Workmen's Compensation nor shall he exercise any authority over the personnel of the State Board of Workmen's Compensation and shall not be authorized in any circumstance to remove from office any officer or employee of the State Board of Workmen's Compensation upon any ground whatsoever. His authority with the State Board of Workmen's Compensation shall be advisory only. Code 114-701.16 enacted.

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114-701.17. All laws or parts of laws in conflict with the provisions of Sections 114-701.1 through 114-701.17 as hereinbefore stated are hereby repealed. Code 114-701.17 enacted. Section 7. Code Title 114 is further amended by striking Code section 114-702 in its entirety and inserting in lieu thereof a new Code section 114-702, to read as follows: 114-702. Deputy Directors; sessions. The State Board of Workmen's Compensation may appoint deputy directors who shall have the same authority and power as a member of the Board, said deputy directors to be appointed from time to time, as required, to serve only, as when and where needed, without permanent positions, who shall have the power to subpoena witnesses and administer oaths, and who may take testimony in such cases as the Board may deem proper. A deputy director so hearing a case shall make the award just as would a member of the Board as provided elsewhere in this Title, such award to be subject to review and appeal as is the award of a single member of the Board. The members of the Board or deputy directors or any one of them may hold such sessions as may be deemed necessary at any place within the State, subject to the other provisions of this Title. Code 114-702 amended. Section 8. Said Code Title is further amended by inserting after Code section 114-702, and before Code section 114-703, a new Code section 114-702.1, to read as follows: 114-702.1. Deputy directors emeritus of the State Board of Workmen's Compensation; eligibility; appointment. There is hereby created the office of deputy director emeritus of the State Board of Workmen's Compensation. Any deputy director of the Board now or hereafter in office as such shall be eligible, provided he has attained the age of 70 years or over, for appointment as deputy director emeritus of the Board who has attained 20 years of service in the capacity of deputy director, or who has attained 20 years of total service, aggregating his service as deputy director with any years of prior service as director, member of the General Assembly of Georgia, Georgia National Guard, or as special assistant attorney general, or any combination of

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services in these offices, shall be eligible for appointment by the Governor in the same manner as provided for appointment of a director emeritus under this law. Such deputy director emeritus shall exercise the same duties as provided in this law for a director emeritus. All persons appointed to the office of deputy director emeritus of the State Board of Workmen's Compensation as provided in this section shall receive an annual salary equal to one-third of the annual salary paid such person, as by law provided, at the time of this appointment hereunder, said salary to be paid by the State Board of Workmen's Compensation in semimonthly installments from funds provided by law for the operation of said Board. Code 114-702.1 enacted. Section 9. Said Code Title is further amended by striking Code section 114-707 in its entirety and inserting in lieu thereof a new Code section 114-707, to read as follows: 114-707. Conduct of hearing; award and statement of findings. The members, any of them, or a deputy director shall hear the parties at issue and their representatives and witnesses and shall determine the dispute in a summary manner. All evidence shall be adduced subject to the rules of evidence prescribed for civil proceedings in the Superior Courts of this State unless otherwise provided. Any medical report on forms prescribed by the State Board of Workmen's Compensation or in narrative form bearing the signature of an examining or treating physician or other duly qualified medical practitioner shall be admissible insofar as it purports to represent the history, examination, diagnosis, treatment, and prognosis by the person whose signature appears thereon, as if that person were present in court and testifying as a witness, subject to the right of any party to make objections to the admissibility of any portion of the report, and subject also to the right of the opposite party to crossexamine the witness and, if necessary, provide rebuttal testimony within the time allowed by the Board. The party tendering the report may within the time also adduce the additional testimony of the witness to supplement the report. The award, together with a statement of the findings of fact and other matters pertinent to the questions at issue, shall be filed with the record of the proceedings and a copy

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of the award shall immediately be sent to the parties at dispute. Code 114-707 amended. Section 10. Said Code Title is further amended by striking Code section 114-708 in its entirety and inserting in lieu thereof a new Code section 114-708, to read as follows: 114-708. Review by all of members; time, remand of case to single director or deputy director; award; revision or amendment of award. If an application for review is made to the State Board of Workmen's Compensation within 30 days of notice of the award, all of the members shall review the evidence or, if deemed advisable, as soon as practicable hear the parties at issue, their representatives and witnesses, and shall make an award and file the same in like manner as specified in the foregoing section, together with their ruling of law in the premises. A copy of the award so made on review shall immediately be sent to the parties at dispute. All of the members may remand to a single member or deputy director any case before them for the purpose of reconsideration and correction of apparent errors and omissions and issuance of a new award, with or without the taking of additional evidence, or for the purpose of taking additional evidence for consideration by the full Board in rendering any decision or award in the case. Within the time limit provided by this section for review by all of the members of an award made in accordance with section 114-707 or within the time limit provided by section 114-710 for appeal to a superior court, upon or without the suggestion of a party to the proceedings, and notwithstanding the filing of an application for review or appeal, the full Board or any of its members or deputy directors issuing an award shall have authority to reconsider, amend or revise the award to correct apparent errors and omissions. Should an amended or revised award be issued, the time period for filing an application for review under this section or for appeal to superior court under section 114-710 of the amended or revised award shall commence upon the date of issuance of the amended or revised award. Code 114-708 amended. Section 11. Said Code Title is further amended by striking Code section 114-713 in its entirety and inserting in lieu thereof a new Code section 114-713 to read as follows:

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114-713. Appointment of examining physician. The members of the State Board of Workmen's Compensation or any one of them, or a deputy director, may, upon the application of either party or upon their own motion, appoint one or more disinterested and duly qualified physicians or surgeons to make any necessary medical examination of the employee and to report or testify in respect thereto. The physicians or surgeons shall be allowed travel expenses and a reasonable fee, to be paid by either or both parties or the State as directed by the Board, any member thereof, or a deputy director. Code 114-713 amended. Section 12. Said Code Title is further amended by striking subsection (e) of Code section 114-716 in its entirety and inserting in lieu thereof a new subsection (e) of Code section 114-716 to read as follows: (e) Any employer who refuses or wilfully neglects to make the report required by subsection (a) shall be liable to a penalty of not more than $100 for each refusal or wilful neglect, to be assessed by the Board, a member, or a deputy director in an open hearing, with the right of review as in other cases. In the event the employer has sent the report to the insurance carrier for forwarding to the Board, the insurance carrier wilfully neglecting or failing to forward the report shall be liable and shall pay the penalty. Any employer who refuses, delays unreasonably, or wilfully neglects to make any payment due under an agreement or award shall be liable where assessed by the Board, a member, or a deputy director, in an open hearing, with the right of review as in other cases, to a penalty of 10 percent to be added to the accrued benefits payable, and in addition, to a penalty of not more than $500 payable to the Board. Code 114-716 amended. Section 13. Said Code Title is further amended by inserting after Code section 114-9905 new Code sections 114-9906 and 114-9907, to read as follows: 114-9906. False evidence to the State Board of Workmen's Compensation. Any person who shall knowingly make, give or produce any false statements or false evidence, under oath, to any member of the State Board of Workmen's Compensation

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or any deputy director shall be deemed guilty of perjury. Code 114-9906 enacted. 114-9907. Violation of rule of State Board of Workmen's Compensation. Any person who violates, or fails or refuses to comply with, any rule of the State Board of Workmen's Compensation shall be fined not less than $20 and not more than $200 for each offense. Code 114-9907 enacted. Section 14. 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 the 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 provisions hereof. Severability. 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 25, 1975. ADVISORY BOARD OF VETERINARY MEDICINE OF UNIVERSITY OF GEORGIA CREATED. No. 119 (Senate Bill No. 282). An Act to create an Advisory Board of the College of Veterinary Medicine of the University of Georgia; to provide for the membership of the Board; to provide for its responsibilities; 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. There is hereby created the Advisory Board of the College of Veterinary Medicine of the University of Georgia, which shall consist of seven members as follows: the President of the Georgia Cattleman's Association or his designee, the President of the Georgia Pork Producers Association

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or his designee, the President of the Georgia Milk Producers Association or his designee, the President of the Georgia Poultry Federation or his designee, the President of the Georgia Veterinary Medical Association or his designee, the immediate Past President of the Georgia Veterinary Medical Association or his designee, and the Chairman of the Equine Advisory Board or his designee. The Board shall elect a Chairman and Vice Chairman from its own membership and may elect, from its own membership, such other officers as it deems necessary or appropriate. The Chairman, or in his absence, the Vice Chairman, shall preside at meetings of the Board. Three members of the Board shall constitute a quorum for the transaction of business. The Board shall meet on the call of the Chairman or on the petition, in writing, to the Chairman of at least three members. The Board shall meet at the College but may hold meetings at other locations in the State in the discretion of the Board. The Board shall meet at least twice each year. Section 2. The Board shall act in an advisory capacity to the Admissions Board of the College of Veterinary Medicine, but not on the acceptance of an individual applicant, and to the Dean and department heads of said College relative to the curriculum, courses of instruction and other policies of the College relative to the supply of an adequate number of practitioners of veterinary medicine in the State of Georgia. The Dean of the College of Veterinary Medicine and the various department heads, instructors and other personnel of the College shall cooperate with the Board and lend whatever assistance shall be necessary to carry out the provisions of this Act. Section 3. From time to time, the Advisory Board shall report its findings and recommendations to the General Assembly through the Standing Committees of the House and Senate on the University System. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1975.

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GEORGIA BUILDING AUTHORITY ACT AMENDEDEXECUTIVE CENTER FINE ARTS COMMITTEE CREATED. No. 120 (House Bill No. 211). An Act to amend an Act known as the Georgia Building Authority Act, approved February 21, 1951 (Ga. L. 1951, p. 699), as amended, particularly by an Act approved April 19, 1967 (Ga. L. 1967, p. 856), relating to the Georgia Building Authority, its powers and duties, so as to create within the Georgia Building Authority an Executive Center Fine Arts Committee; to provide for the appointment, qualifications, and terms of office of members; to provide for professional advisors and compensation thereof; to prescribe certain powers and duties of the Committee; to require departments, commissions, boards, agencies, officers and institutions of the State or political subdivisions thereof to cooperate with the Committee in certain respects; to provide for other matters relative to the foregoing; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Georgia Building Authority Act, approved February 21, 1951 (Ga. L. 1951, p. 699), as amended, particularly by an Act approved April 19, 1967 (Ga. L. 1967, p. 856), relating to the Georgia Building Authority, its powers and duties, is hereby amended by adding the following new sections, to be designated sections 34 through 40, which shall read as follows: Section 34. Executive Center Fine Arts Committee; creation; appointment. There is hereby created as a division and arm of the Georgia Building Authority, the Executive Center Fine Arts Committee, to be composed of nine (9) members appointed by the Governor. No employee of the State of Georgia nor any member of the General Assembly shall be eligible for appointment as a member of the Committee.

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All members shall be deemed members at large charged with the responsibility of serving the best interests of the State as a whole. Section 35. Committee; term of members; organization. Of the members first appointed under this Act, three (3) shall be appointed for terms of one (1) year, three (3) for terms of three (3) years, and three (3) for terms of five (5) years. After the original appointment, each subsequent appointment shall be for terms of five (5) years. All vacancies shall be filled for the balance of the unexpired term in the same manner as the original appointment. The spouse of the Governor of Georgia shall be Honorary Chairman of the Committee. The Governor shall designate one member of the Committee to serve as Chairman, whose term of office as Chairman shall be for one (1) year. The Committee shall thereafter elect its Chairman for a term of three (3) years. The Chairman may appoint other advisory and cooperative groups, who may not necessarily be members of the Committee. Members of the Committee shall not receive any compensation for their services, nor shall they receive any per diem, travel or expense allowance from any State funds whatsoever. Members of the Committee may, however, be reimbursed for their actual expenses from private funds donated for such purpose. Section 36. Committee; powers and responsibilities. Committee shall have the following powers and responsibilities and shall perform the following duties: (a) Promote a greater understanding and awareness of the history and significance of the Executive Mansion; (b) Take leadership in guiding the development of research and publications on the history and significance of the Executive Mansion, thus establishing a continuity of effort in this area; (c) Encourage, approve and accept contributions and bequests and gifts or loans of furniture, works of art, memorabilia and other personal property for its use in carrying out the purposes of the Committee and its powers and responsibilities; (d) Purchase appropriate period furnishing, books and

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works of art for the Executive Mansion, and exchange or sell personal property acquired subsequent to the effective date of this Act, tangible or intangible, which has been acquired by the Committee through gifts or otherwise from other public or private organizations, associations or individuals; (e) Make recommendations to the Georgia Building Authority for the purchase of any furnishings or other property, or for the exchange or sale of any existing inventory at the Executive Mansion as of the date of this Act; (f) Acquire or provide for accession and replacement of objects for the Executive Mansion; (g) Administer all funds, public and private, made available to the Committee, and to disburse such funds in accordance with the purposes of this Act; (h) To keep a complete list of all furnishings and of all gifts and articles received, together with their history and value, and to request the assistance of the State Department of Archives and History for this purpose. Section 37. Committee; employment of personnel. The Committee may employ and fix the compensation of researchers, writers, curators and other such consultants and professional personnel as it may deem necessary to assist in the exercise and performance of its duties. Section 38. Agency cooperation authorized. All departments, commissions, boards, agencies, officers and institutions of the State of Georgia or any political subdivisions thereof are authorized and directed to cooperate with the Committee in carrying out the purposes of this Act. Section 39. Property and monies in Committee custody. All monies received by the Committee shall be set aside as a special fund to be used by the Committee to carry out the purposes of this Act. All other personal property, tangible or intangible, which is acquired by the Committee subsequent to passage of this Act shall become the property of the State of Georgia upon such acquisition. Such personal property may be sold or exchanged by the Committee as agent for the State of Georgia notwithstanding any other provision of law concerning the sale or exchange of personal

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property of the State of Georgia, provided, that nothing contained in this Section shall be construed to permit the Committee to make a gift of any such personal property. Section 40. (a) The Committee shall maintain and account for funds received by it for its purposes separately from the funds of the Georgia Building Authority. (b) To the extent otherwise provided by law, the Georgia Building Authority may make its funds available to the Committee for the purposes of the Committee and shall be empowered to provide such other assistance to the Committee as the Committee and the authority shall deem appropriate. (c) The Committee, as a division and arm of the Georgia Building Authority, shall hold the statutes of the Authority as a public body corporate and politic and an instrumentality of the State but neither the Committee or its members shall be amenable to any suit or action of any kind or nature arising out of the discharge of its powers and responsibilities under the act. The Committee shall otherwise have and enjoy the sovereign immunity of the State. 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 if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 3. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 26, 1975.

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GENERAL APPROPRIATIONS ACT AMENDED. No. 121 (House Bill No. 169). An Act to amend an Act providing appropriations for the fical year 1974-75, known as the General Appropriations Act, approved April 2, 1974 (Ga. L. 1974, p. 1508), so as to change the appropriations of certain agencies of the State for the remainder of the fiscal year ending June 30, 1975; 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 1974-75, known as the General Appropriations Act, approved April 2, 1974 (Ga. L. 1974, p. 1508), is hereby amended by changing the revenue estimate so that it now shall be $1,638,000,000, and by striking the following: PART I. LEGISLATIVE BRANCH, and sections 1 through 54, and inserting in lieu thereof the following: 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 For compensation, expenses, mileage, allowances, air travel expense and benefits for members of the General Assembly, and for the officials, employees, and committees of the General Assembly, and each branch thereof; for cost of operating the Office of Lieutenant Governor and Speaker of the House of Representatives; for membership in the Council of State Governments, National Conference of Commissioners on Uniform State Laws; National Conference of Legislative Leaders, Conference of Insurance Legislators, and Marine Fisheries Compact; for equipment, supplies, repairs, printing and other incidental expenses for the Legislative Branch; for the necessary cost of renovating and repairing the housing and other facilities for the Legislative Branch; for cost of compiling, publishing and distributing the Acts and Journals of the General Assembly; for the annual report of the State Auditor to the General Assembly; and for cost of Legislative Services Committee, Office of Legislative Counsel, and Legislative Budget Analyst, as authorized by law. The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs which are paid for from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid for from other appropriations.

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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 Tax 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 $ 976,601 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 attorney's fees and legal expenses for indigent defendats 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 $ 6,810,056 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. For the cost of operating the Judge Sentence Review Panel as created by 1974 Ga. L., p. 358. 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 $55,000 per annum for each judgeship created by law during the 1974 session of the General Assembly.

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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 For the cost of operating the Administrative Offices of the Court. Section 7. Appellate Court Reports. Budget Unit: Court Reports $ 62,000 For the cost of printing and distributing the reports of the Supreme Court and Court of Appeals.

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Section 8. Judicial Qualifications Commission. Budget Unit: Judicial Qualifications Commission $ 5,000 For the cost of operating the Judicial Qualifications Commission. Section 9. Board of Court Reporting. Budget Unit: Board of Court Reporting $ 7,500 For the cost of operating the Board of Court Reporting. PART III. EXECUTIVE BRANCH Section 10. Department of Administrative Services. Budget Unit: Department of Administrative Services $ 11,300,792 1. Georgia Building Authority Budget: Direct Payments to Authority for Operations $ 1,595,699 Capital Outlay $ 1,690,000 State of Georgia General Obligation Debt Sinking Fund $ 240,000 Authority Lease Rentals $ 3,112,753 Total Funds Budgeted $ 6,638,452 State Funds Budgeted $ 6,638,452 Total Positions Budgeted 0 Provided, that of the above appropriation relative to Capital Outlay, $1,600,000 is designated and committed for design, project management and planning fees and all construction documents for the two State office buildings to be constructed above the proposed MARTA Station on Piedmont Avenue, and for planning, engineering, and design of streets in the Capitol Hill area. 2. Departmental Administration Budget: Personal Services $ 518,158 Regular Operating Expenses $ 54,000 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 $ 18,300 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 $ 745,792 Total Funds Budgeted $ 1,122,640 State Funds Budgeted $ 1,033,640 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 $ 1,000 Workmen's Compensation $ 890,000 Total Funds Budgeted $ 1,151,708 State Funds Budgeted $ 1,122,691 Total Positions Budgeted 17 5. Procurement Administration Budget: Personal Services $ 681,305 Regular Operating Expenses $ 93,861 Travel $ 12,600 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 24,900 Equipment Purchases $ 6,000 Per Diem and Fees $ 0 Computer Charges $ 13,500 Total Funds Budgeted $ 832,166 State Funds Budgeted $ 832,166 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 $ 0 Total Funds Budgeted $ 181,925 State Funds Budgeted $ 93,747 Total Positions Budgeted 13 7. Property Management Administration Budget: Personal Services $ 106,998 Regular Operating Expenses $ 167,883 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 $ 293,731 State Funds Budgeted $ 153,848 Total Positions Budgeted 9 8. Data Processing Services Budget: Personal Services $ 7,570,277 Regular Operating Expenses $ 6,929,208 Travel $ 25,400 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 51,000 Equipment Purchases $ 54,336 Per Diem and Fees $ 25,300 Computer Charges $ 0 Total Funds Budgeted $ 14,655,521 State Funds Budgeted $ 0 Total Positions Budgeted 624 9. Motor Pool Services Budget: Personal Services $ 103,624 Regular Operating Expenses $ 180,170 Travel $ 2,000 Motor Vehicle Equipment Purchases $ 155,000 Publications and Printing $ 0 Equipment Purchases $ 1,200 Per Diem and Fees $ 0 Computer Charges $ 3,000 Capital Outlay $ 96,000 Total Funds Budgeted $ 540,994 State Funds Budgeted $ 96,000 Total Positions Budgeted 13 Provided, that of the above appropriation relating to Capital Outlay, $96,000 is designated and committed for completion of the motor vehicle maintenance facility located at Confederate Avenue. 10. Communication Services Budget: Personal Services $ 1,067,682 Regular Operating Expenses $ 217,645 Travel $ 9,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 33,000 Equipment Purchases $ 34,800 Per Diem and Fees $ 0 Computer Charges $ 48,391 Telephone Billings $ 8,620,365 Total Funds Budgeted $ 10,030,883 State Funds Budgeted $ 567,794 Total Positions Budgeted 97 11. Printing Services Budget: Personal Services $ 818,322 Regular Operating Expenses $ 730,688 Travel $ 14,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 167,672 Equipment Purchases $ 45,825 Per Diem and Fees $ 0 Computer Charges $ 4,000 Total Funds Budgeted $ 1,780,507 State Funds Budgeted $ 0 Total Positions Budgeted 75 12. Central Supply Services Budget: Personal Services $ 76,493 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 $ 488,393 State Funds Budgeted $ 0 Total Positions Budgeted 9 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 $ 1,850 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 4,500 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 $ 11,754,312 Regular Operating Expenses $ 8,872,663 Travel $ 108,350 Motor Vehicle Equipment Purchases $ 155,000 Publications and Printing $ 311,942 Equipment Purchases $ 161,927 Per Diem and Fees $ 42,000 Computer Charges $ 848,483 Workmen's Compensation $ 890,000 Direct Payments to Authority for Operations $ 1,595,699 Capital Outlay $ 1,786,000 State of Georgia General Obligation Debt Sinking Fund $ 240,000 Authority Lease Rentals $ 3,112,753 Telephone Billings $ 8,620,365

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Section 11. Department of Agriculture. Budget Unit: Department of Agriculture $ 16,386,070 1. Plant Industry Budget: Personal Services $ 1,972,340 Regular Operating Expenses $ 143,600 Travel $ 90,700 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 $ 3,813,360 State Funds Budgeted $ 3,732,360 Total Positions Budgeted 194 2. Animal Industry Budget: Personal Services $ 623,869 Regular Operating Expenses $ 63,975 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 $ 515,000 Veterinary Fees $ 525,000 Poultry Research Contract with Georgia Institute of Technology $ 250,000 Contract with University of Georgia to Study Asiatic New Castle Disease $ 250,000 Indemnities $ 250,000 Total Funds Budgeted $ 3,042,894 State Funds Budgeted $ 3,026,644 Total Positions Budgeted 51 3. Marketing Budget: Personal Services $ 1,042,336 Regular Operating Expenses $ 182,650 Travel $ 41,200 Motor Vehicle Equipment Purchases $ 20,700 Publications and Printing $ 10,000 Equipment Purchases $ 3,200 Per Diem and Fees $ 5,000 Computer Charges $ 0 Advertising Contract $ 35,000 Capital Outlay $ 670,000 Authority Lease Rentals $ 945,000 Total Funds Budgeted $ 2,955,086 State Funds Budgeted $ 2,794,086 Total Positions Budgeted 97 4. General Agricultural Field Forces Budget: Personal Services $ 1,237,775 Regular Operating Expenses $ 53,700 Travel $ 155,000 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 $ 1,477,435 State Funds Budgeted $ 1,477,435 Total Positions Budgeted 126 5. Internal Administration Budget: Personal Services $ 759,698 Regular Operating Expenses $ 65,950 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 $ 112,361 Total Funds Budgeted $ 985,309 State Funds Budgeted $ 968,309 Total Positions Budgeted 55 6. Information and Education Budget: Personal Services $ 104,874 Regular Operating Expenses $ 232,100 Travel $ 1,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 254,500 Equipment Purchases $ 3,000 Per Diem and Fees $ 0 Computer Charges $ 0 Total Funds Budgeted $ 595,474 State Funds Budgeted $ 595,474 Total Positions Budgeted 11 7. Fuel and Measures Standards Budget: Personal Services $ 635,030 Regular Operating Expenses $ 92,400 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 $ 833,210 State Funds Budgeted $ 833,210 Total Positions Budgeted 61 8. Consumer Protection Budget: Personal Services $ 497,010 Regular Operating Expenses $ 37,100 Travel $ 29,400 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 $ 569,010 State Funds Budgeted $ 569,010 Total Positions Budgeted 38 9. Consumer Protection Field Forces Budget: Personal Services $ 1,217,476 Regular Operating Expenses $ 57,200 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 $ 1,430,536 State Funds Budgeted $ 1,252,536 Total Positions Budgeted 107 10. Meat Inspection Budget: Personal Services $ 1,693,673 Regular Operating Expenses $ 62,000 Travel $ 133,800 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 $ 1,956,673 State Funds Budgeted $ 797,006 Total Positions Budgeted 144 11. Georgia Agrirama Development Authority Budget: Payments to Agrirama Authority for Operations and Construction $ 340,000 Total Funds Budgeted $ 340,000 State Funds Budgeted $ 340,000 Total Positions Budgeted 3 Budget Unit Object Classes: Personal Services $ 9,784,081 Regular Operating Expenses $ 990,675 Travel $ 681,000 Motor Vehicle Equipment Purchases $ 170,020 Publications and Printing $ 335,050 Equipment Purchases $ 73,900 Per Diem and Fees $ 71,900 Computer Charges $ 112,361 Capital Outlay $ 670,000 Fire Ant Eradication $ 1,500,000 Athens Veterinary Laboratory Contract $ 200,000 Tifton Veterinary Laboratory Contract $ 300,000 Poultry Improvement Contract $ 515,000 Veterinary Fees $ 525,000 Poultry Research Contract with Georgia Institute of Technology $ 250,000 Contract with University of Georgia to Study Asiatic New Castle Disease $ 250,000 Payments to Agrirama Authority for Operations and Construction $ 340,000 Indemnities $ 250,000 Advertising Contract $ 35,000 Authority Lease Rentals $ 945,000 Provided, that of the appropriation relative to Capital Outlay, $ 600,000 is designated and committed for construction and renovations at the Augusta and Thomasville Farmers' Markets. Provided, that of the above appropriation relative to Capital Outlay, $ 70,000 is designated and committed for a seafood outlet at the Atlanta Farmers' Market.

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Section 12. Department of Banking and Finance. Budget Unit: Department of Banking and Finance $ 1,297,843 1. Administration Budget: Personal Services $ 288,743 Regular Operating Expenses $ 27,760 Travel $ 4,700 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 10,500 Equipment Purchases $ 1,500 Per Diem and Fees $ 4,500 Computer Charges $ 23,000 Total Funds Budgeted $ 360,703 State Funds Budgeted $ 355,703 Total Positions Budgeted 20 2. Examination Budget: Personal Services $ 742,571 Regular Operating Expenses $ 6,697 Travel $ 188,492 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 0 Equipment Purchases $ 4,380 Per Diem and Fees $ 0 Computer Charges $ 0 Total Funds Budgeted $ 942,140 State Funds Budgeted $ 942,140 Total Positions Budgeted 57 Budget Unit Object Classes: Personal Services $ 1,031,314 Regular Operating Expenses $ 34,457 Travel $ 193,192 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 10,500 Equipment Purchases $ 5,880 Per Diem and Fees $ 4,500 Computer Charges $ 23,000

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Section 13. Department of Community Development. A. Budget Unit: Department of Community Development $ 7,782,463 1. Industry Budget: Personal Services $ 253,217 Regular Operating Expenses $ 30,450 Travel $ 35,225 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 $ 325,392 State Funds Budgeted $ 325,392 Total Positions Budgeted 15 2. Research Budget: Personal Services $ 226,245 Regular Operating Expenses $ 45,061 Travel $ 5,239 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 2,100 Equipment Purchases $ 2,000 Per Diem and Fees $ 26,800 Computer Charges $ 17,741 Total Funds Budgeted $ 325,186 State Funds Budgeted $ 284,325 Total Positions Budgeted 17 3. Tourism Budget: Personal Services $ 629,465 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 $ 18,000 Total Funds Budgeted $ 1,144,187 State Funds Budgeted $ 1,144,187 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 $ 493,599 Regular Operating Expenses $ 296,350 Travel $ 26,200 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 30,500 Equipment Purchases $ 0 Per Diem and Fees $ 68,185 Computer Charges $ 2,000 Total Funds Budgeted $ 916,834 State Funds Budgeted $ 842,791 Total Positions Budgeted 34 6. International Budget: Personal Services $ 56,472 Regular Operating Expenses $ 62,900 Travel $ 37,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 1,600 Equipment Purchases $ 2,000 Per Diem and Fees $ 113,600 Computer Charges $ 20,000 Total Funds Budgeted $ 293,572 State Funds Budgeted $ 293,572 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 $ 1,098,000 Total Funds Budgeted $ 1,098,000 State Funds Budgeted $ 0 Total Positions Budgeted 0 10. Ports Authority Budget: Authority Lease Rentals $ 2,850,000 Total Funds Budgeted $ 2,850,000 State Funds Budgeted $ 2,850,000 Total Positions Budgeted 0 11. World Congress Center Budget: State of Georgia General Obligation Debt Sinking Fund $ 3,043,478 Total Funds Budgeted $ 3,043,478 State Funds Budgeted $ 0 Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services $ 1,957,700 Regular Operating Expenses $ 893,052 Travel $ 147,402 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 42,948 Equipment Purchases $ 11,315 Per Diem and Fees $ 257,600 Computer Charges $ 43,741 Capital Outlay $ 18,000 Advertising $ 750,000 Grants to Area Planning and Development Commissions $ 1,170,000 HUD-701 Planning Grants $ 1,098,000 Authority Lease Rentals $ 2,850,000 State of Georgia General Obligation Debt Sinking Fund $ 3,043,478 Provided, that of the above appropriation relating to Capital Outlay, $ 18,000 is designated and committed to plan for the construction of a Welcome Center on I-20 West. B. Budget Unit: State Crime Commission $ 1,048,751 1. State Crime Commission Administration Budget: Personal Services $ 532,361 Regular Operating Expenses $ 234,950 Travel $ 21,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 10,300 Equipment Purchases $ 2,000 Per Diem and Fees $ 218,927 Computer Charges $ 0 Total Funds Budgeted $ 1,019,538 State Funds Budgeted $ 65,001 Total Positions Budgeted 35 2. Crime Statistics Data Center Budget: Personal Services $ 52,533 Regular Operating Expenses $ 7,120 Travel $ 3,600 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 500 Equipment Purchases $ 0 Per Diem and Fees $ 0 Computer Charges $ 7,155 Total Funds Budgeted $ 70,908 State Funds Budgeted $ 0 Total Positions Budgeted 4 3. Organized Crime Prevention Council Budget: Personal Services $ 30,515 Regular Operating Expenses $ 1,927 Travel $ 2,160 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 0 Equipment Purchases $ 0 Per Diem and Fees $ 2,408 Computer Charges $ 0 Total Funds Budgeted $ 37,010 State Funds Budgeted $ 0 Total Positions Budgeted 2 4. LEAA Grants Budget: LEAA Action Local $ 11,161,496 LEAA Action State $ 9,612,385 LEAA State Buy-In $ 1,320,062 LEAA Discretionary $ 507,809 LEAA Planning $ 460,000 Total Funds Budgeted $ 23,061,752 State Funds Budgeted $ 983,750 Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services $ 615,409 Regular Operating Expenses $ 243,997 Travel $ 26,760 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 10,800 Equipment Purchases $ 2,000 Per Diem and Fees $ 221,335 Computer Charges $ 7,155 LEAA Action Local $ 11,161,496 LEAA Action State $ 9,612,385 LEAA State Buy-In $ 1,320,062 LEAA Discretionary $ 507,809 LEAA Planning $ 460,000 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.

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Section 14. Office of Comptroller General. Budget Unit: Office of Comptroller General $ 2,826,096 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 $ 462,850 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 $ 549,600 State Funds Budgeted $ 549,600 Total Positions Budgeted 40 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 $ 331,324 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 $ 377,244 State Funds Budgeted $ 377,244 Total Positions Budgeted 32 5. Fire Safety and Mobile Home Regulation Budget: Personal Services $ 997,831 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 $ 1,265,781 State Funds Budgeted $ 1,265,781 Total Positions Budgeted 113 Budget Unit Object Classes: Personal Services $ 2,312,226 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 15. Department of Defense. Budget Unit: Department of Defense $ 1,690,523 1. Administration and Support of State Militia Budget: Personal Services $ 520,795 Regular Operating Expenses $ 84,600 Travel $ 11,500 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 $ 0 Total Funds Budgeted $ 888,995 State Funds Budgeted $ 888,995 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 Grants to Cities and Counties $ 18,500 Capital Outlay $ 36,000 Total Funds Budgeted $ 645,240 State Funds Budgeted $ 346,198 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 $ 48,000 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 $ 0 Grants to Cities and Counties $ 18,500 Capital Outlay $ 36,000 Provided, however, that of the above appropriation, $36,000 is designated and committed for the acquisition, housing, installation, electrical wiring, testing, shipping and related costs for a 250KW generator.

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Section 16. State Board of EducationDepartment of Education. A. Budget Unit: Department of Education $ 596,664,046 1. General Education Budget: Personal Services $ 791,286 Regular Operating Expenses $ 212,551 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 $ 277,861,900 Section 12 Teachers Salaries $ 47,540,357 Section 13 Maintenance, Operation and Sick Leave $ 43,046,487 Section 17 Isolated Schools $ 130,009 Section 19 Travel $ 943,201 Non-MFPE Grants: Mid-term Adjustment $ 0 Teacher Retirement $ 28,804,648 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 $ 412,714,045 State Funds Budgeted $ 411,626,701 Total Positions Budgeted 43 2. Early Childhood Education Budget: Personal Services $ 106,320 Regular Operating Expenses $ 10,871 Travel $ 11,750 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 4,700 Equipment Purchases $ 500 Per Diem and Fees $ 600 Computer Charges $ 0 Grants: Pre-School Training $ 5,252,427 Pre-School Pupil Transportation $ 260,000 Education of Children from Low-Income Families $ 13,950 Total Funds Budgeted $ 5,661,118 State Funds Budgeted $ 5,645,985 Total Positions Budgeted 7 3. Regular Vocational Education Budget: Personal Services $ 1,796,166 Regular Operating Expenses $ 151,519 Travel $ 133,428 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 24,330 Equipment Purchases $ 12,890 Per Diem and Fees $ 13,200 Computer Charges $ 766,685 Grants: High School Program $ 17,827,199 Teacher Retirement $ 2,075,260 Teacher Training and Research $ 1,094,853 Adult Education $ 2,279,000 Area Vocational Technical Schools $ 28,651,570 Manpower Development and Training $ 3,160,000 Comprehensive Employment and Training $ 1,319,471 Total Funds Budgeted $ 59,305,571 State Funds Budgeted $ 39,351,431 Total Positions Budgeted 123 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 $ 5,770,121 Section 18 Transportation $ 1,776,635 Section 19 Travel $ 85,000 Section 20 Teachers Salaries $ 34,966,860 Non-MFPE Grants: Instructional Services for the Handicapped $ 843,942 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 $ 622,000 Severely Emotionally Disturbed $ 4,036,800 Teacher Retirement $ 3,066,593 Total Funds Budgeted $ 51,978,556 State Funds Budgeted $ 50,823,763 Total Positions Budgeted 25 5. Compensatory Education Budget: Personal Services $ 287,170 Regular Operating Expenses $ 40,491 Travel $ 21,200 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 6,750 Equipment Purchases $ 822 Per Diem and Fees $ 100 Computer Charges $ 0 Education of Children from Low-Income Families $ 56,723,987 Total Funds Budgeted $ 57,080,520 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 $ 9,401,717 Non-MFPE Grants: School Library Resources and Other Materials $ 1,925,000 Strengthening Instruction in Critical Subjects $ 1,707,947 Total Funds Budgeted $ 13,265,684 State Funds Budgeted $ 9,470,078 Total Positions Budgeted 10 7. Educational Media Budget: Personal Services $ 2,219,606 Regular Operating Expenses $ 1,330,691 Travel $ 64,001 Motor Vehicle Equipment Purchases $ 4,800 Publications and Printing $ 104,571 Equipment Purchases $ 13,943 Per Diem and Fees $ 150,333 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 $ 4,371,587 State Funds Budgeted $ 4,124,587 Total Positions Budgeted 193 8. Pupil Personnel Services Budget: Personal Services $ 255,417 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 $ 562,203 State Funds Budgeted $ 523,856 Total Positions Budgeted 15 9. Ancillary Services Budget: Personal Services $ 650,622 Regular Operating Expenses $ 69,461 Travel $ 57,498 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 12,433 Equipment Purchases $ 3,984 Per Diem and Fees $ 6,699 Computer Charges $ 0 MFPE Grant: Section 18 Pupil Transportation $ 24,530,632 Non-MFPE Grant: School Lunch $ 66,525,000 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 $ 2,650,000 Grants Direct to School Systems for Capital Outlay Purposes $ 676,197 Total Funds Budgeted $ 121,987,117 State Funds Budgeted $ 63,602,840 Total Positions Budgeted 48 10. Statewide Leadership Budget: Personal Services $ 604,432 Regular Operating Expenses $ 51,346 Travel $ 42,100 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 5,739 Equipment Purchases $ 6,000 Per Diem and Fees $ 23,300 Computer Charges $ 0 Total Funds Budgeted $ 732,917 State Funds Budgeted $ 658,561 Total Positions Budgeted 37 11. Financial Services Budget: Personal Services $ 248,716 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 $ 300,373 State Funds Budgeted $ 220,541 Total Positions Budgeted 17 12. Program and Staff Development Budget: Personal Services $ 740,834 Regular Operating Expenses $ 388,421 Travel $ 29,901 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 14,467 Equipment Purchases $ 4,947 Per Diem and Fees $ 13,360 Computer Charges $ 0 Grants: Supervising Teachers $ 145,000 Supplementary Education Centers and Services $ 2,509,951 Teacher Scholarships $ 131,000 In-Service Grants $ 490,000 Total Funds Budgeted $ 4,467,881 State Funds Budgeted $ 1,694,604 Total Positions Budgeted 58 13. Public Library Services Budget: Personal Services $ 603,529 Regular Operating Expenses $ 219,559 Travel $ 9,007 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 9,255 Equipment Purchases $ 43,967 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 $ 203,078 Public Library Construction $ 1,745,000 Total Funds Budgeted $ 7,349,912 State Funds Budgeted $ 6,589,525 Total Positions Budgeted 59 14. Staff Services Budget: Personal Services $ 1,518,566 Regular Operating Expenses $ 161,420 Travel $ 31,907 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 89,900 Equipment Purchases $ 10,546 Per Diem and Fees $ 1,000 Computer Charges $ 720,142 Total Funds Budgeted $ 2,533,481 State Funds Budgeted $ 1,984,331 Total Positions Budgeted 121 15. State Board and State Superintendent Budget: Personal Services $ 156,645 Regular Operating Expenses $ 64,341 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 $ 309,786 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 $ 11,022,446 Regular Operating Expenses $ 3,018,360 Travel $ 585,015 Motor Vehicle Equipment Purchases $ 4,800 Publications and Printing $ 392,554 Equipment Purchases $ 134,597 Per Diem and Fees $ 320,994 Computer Charges $ 1,486,827 MFPE Grants: Section 11 Teachers Salaries $ 277,861,900 Section 12 Teachers Salaries $ 47,540,357 Section 13 Maintenance, Operation and Sick Leave $ 48,816,608 Section 15 Instructional Materials $ 9,401,717 Section 17 Isolated Schools $ 130,009 Section 18 Pupil TransportationRegular $ 24,530,632 Section 18 Pupil TransportationSpecial $ 1,776,635 Section 19 Travel $ 943,201 Section 19 TravelSpecial $ 85,000 Section 20 Teachers Salaries $ 34,966,860 Section 48 Mid-Term Adjustment $ 0 Non-MFPE Grants: Teacher Retirement $ 34,149,579 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 $ 57,168,937 High School Program $ 17,827,199 Teacher Training and Research $ 1,094,853 Adult Education $ 2,279,000 Area Vocational-Technical Schools $ 28,651,570 Manpower Development and Training $ 3,160,000 Comprehensive Employment and Training $ 1,319,471 Instructional Services for the Handicapped $ 843,942 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 $ 622,000 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 $ 66,525,000 Supervising Teachers $ 145,000 Supplementary Education Centers and Services $ 2,509,951 Teacher Scholarships $ 131,000 In-Service Grants $ 490,000 Salaries and Travel of Public Librarians $ 2,435,000 Public Library Construction $ 1,745,000 Public Library Services and Materials $ 2,080,917 Pre-School Training $ 5,252,427 Pupil Transportation (Pre-School) $ 260,000 Capital Outlay $ 35,000 Authority Lease Rentals $ 333,204 State of Georgia General Obligation Debt Sinking Fund $ 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 $ 676,197 B. Budget Unit: Institutions $ 8,941,839 1. North Georgia Vocational-Technical School Budget: Personal Services $ 1,169,943 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 $ 2,410,607 State Funds Budgeted $ 1,564,562 Total Positions Budgeted 95 2. South Georgia Vocational-Technical School Budget: Personal Services $ 1,025,664 Regular Operating Expenses $ 298,720 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 $ 1,313,803 Authority Lease Rentals $ 49,315 Total Funds Budgeted $ 2,824,802 State Funds Budgeted $ 1,720,374 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 $ 394,296 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 $ 35,000 Authority Lease Rentals $ 23,400 Total Funds Budgeted $ 2,827,338 State Funds Budgeted $ 2,521,552 Total Positions Budgeted 284 5. Atlanta Area School for the Deaf Budget: Personal Services $ 492,061 Regular Operating Expenses $ 226,062 Travel $ 4,300 Motor Vehicle Equipment Purchases $ 24,000 Publications and Printing $ 500 Equipment Purchases $ 40,122 Per Diem and Fees $ 2,000 Computer Charges $ 0 Capital Outlay $ 43,000 Total Funds Budgeted $ 832,045 State Funds Budgeted $ 787,446 Total Positions Budgeted 51 6. Alto Education and Evaluation Center Budget: Personal Services $ 757,733 Regular Operating Expenses $ 131,521 Travel $ 10,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 1,560 Equipment Purchases $ 32,822 Per Diem and Fees $ 0 Computer Charges $ 0 Capital Outlay $ 0 Total Funds Budgeted $ 933,636 State Funds Budgeted $ 706,067 Total Positions Budgeted 58 Budget Unit Object Classes: Personal Services $ 7,001,826 Regular Operating Expenses $ 1,629,420 Travel $ 52,300 Motor Vehicle Equipment Purchases $ 46,700 Publications and Printing $ 13,750 Equipment Purchases $ 322,656 Per Diem and Fees $ 9,600 Computer Charges $ 0 Capital Outlay $ 2,425,303 Authority Lease Rentals $ 127,465 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 certificated and noncertificated 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 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. Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $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. 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. Provided, that of the above appropriation relating to High School Grants, $50,000 is designated and committed for new equipment and repairing existing equipment in food processing centers; provided, further, that the State shall provide no more than 50% of the repair and equipment cost at any center; provided, further, that the maximum amounts of State funds allocated per center shall be $20,000 for new equipment and $3,000 for repairs.

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Section 17. 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 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.

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Section 18. Forestry Commission. Budget Unit: Forestry Commission $ 9,073,047 1. Reforestation Budget: Personal Services $ 399,964 Regular Operating Expenses $ 291,630 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 $ 777,435 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 $ 665 Equipment Purchases $ 4,420 Per Diem and Fees $ 2,400 Computer Charges $ 0 Ware County Ad Valorem Tax $ 57,946.18 Total Funds Budgeted $ 151,317.18 State Funds Budgeted $ 0 Total Positions Budgeted 6 3. Field Services Budget: Personal Services $ 8,130,137 Regular Operating Expenses $ 1,576,221 Travel $ 68,684 Motor Vehicle Equipment Purchases $ 962,397 Publications and Printing $ 12,995 Equipment Purchases $ 140,390 Per Diem and Fees $ 140,580 Computer Charges $ 23,481 Total Funds Budgeted $ 11,054,885 State Funds Budgeted $ 8,314,820 Total Positions Budgeted 806 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 $ 18,358 Equipment Purchases $ 7,061 Per Diem and Fees $ 2,000 Computer Charges $ 40,800 Total Funds Budgeted $ 547,704 State Funds Budgeted $ 481,415 Total Positions Budgeted 25 Budget Unit Object Classes: Personal Services $ 8,994,593 Regular Operating Expenses $ 1,955,126 Travel $ 81,354 Motor Vehicle Equipment Purchases $ 1,004,057 Publications and Printing $ 32,444 Equipment Purchases $ 168,716 Per Diem and Fees $ 165,438 Computer Charges $ 71,667 Ware County Ad Valorem Tax $ 57,946.18

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Section 19. Forest Research Council. Budget Unit: Forest Research Council $ 667,631 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 7 2. Contractual Research Budget: Contractual Research Expense $ 535,910 Total Funds Budgeted $ 535,910 State Funds Budgeted $ 513,000 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 $ 535,910 Section 20. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation $ 6,795,600 1. General Administration Budget: Personal Services $ 339,925 Regular Operating Expenses $ 83,338 Travel $ 10,350 Motor Vehicle Equipment Purchases $ 19,200 Publications and Printing $ 2,650 Equipment Purchases $ 18,780 Per Diem and Fees $ 5,500 Computer Charges $ 7,500 Total Funds Budgeted $ 487,243 State Funds Budgeted $ 438,591 Total Positions Budgeted 30 2. Operations Budget: Personal Services $ 2,463,071 Regular Operating Expenses $ 607,694 Travel $ 103,856 Motor Vehicle Equipment Purchases $ 194,200 Publications and Printing $ 10,300 Equipment Purchases $ 73,220 Per Diem and Fees $ 38,000 Computer Charges $ 10,000 Evidence Purchased $ 78,000 Total Funds Budgeted $ 3,578,341 State Funds Budgeted $ 3,322,904 Total Positions Budgeted 177 3. Crime Laboratory Budget: Personal Services $ 980,963 Regular Operating Expenses $ 191,175 Travel $ 32,250 Motor Vehicle Equipment Purchases $ 20,800 Publications and Printing $ 6,500 Equipment Purchases $ 209,250 Per Diem and Fees $ 8,750 Computer Charges $ 41,095 Total Funds Budgeted $ 1,490,783 State Funds Budgeted $ 1,336,338 Total Positions Budgeted 68 4. Georgia Crime Information Center Budget: Personal Services $ 1,170,657 Regular Operating Expenses $ 535,664 Travel $ 21,000 Motor Vehicle Equipment Purchases $ 12,000 Publications and Printing $ 38,617 Equipment Purchases $ 30,000 Per Diem and Fees $ 10,000 Computer Charges $ 1,345,384 Total Funds Budgeted $ 3,163,322 State Funds Budgeted $ 1,697,767 Total Positions Budgeted 138 Budget Unit Object Classes: Personal Services $ 4,954,616 Regular Operating Expenses $ 1,417,871 Travel $ 167,456 Motor Vehicle Equipment Purchases $ 246,200 Publications and Printing $ 58,067 Equipment Purchases $ 331,250 Per Diem and Fees $ 62,250 Computer Charges $ 1,403,979 Evidence Purchased $ 78,000

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Section 21. Georgia Motor Vehicle Commission. Budget Unit: Georgia Motor Vehicle Commission $ 27,698 Personal Services $ 19,698 Regular Operating Expenses $ 9,500 Travel $ 2,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 3,500 Equipment Purchases $ 3,000 Per Diem and Fees $ 5,000 Computer Charges $ 0 Total Funds Budgeted $ 42,698 State Funds Budgeted $ 27,698 Total Positions Budgeted 2 Budget Unit Object Classes: Personal Services $ 19,698 Regular Operating Expenses $ 9,500 Travel $ 2,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 3,500 Equipment Purchases $ 3,000 Per Diem and Fees $ 5,000 Computer Charges $ 0

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Section 22. Georgia Residential Finance Agency. Budget Unit: Georgia Residential Finance Agency $ 69,000 Personal Services $ 21,000 Regular Operating Expenses $ 4,575 Travel $ 1,750 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 200 Equipment Purchases $ 6,300 Per Diem and Fees $ 35,175 Computer Charges $ 0 Total Funds Budgeted $ 69,000 State Funds Budgeted $ 69,000 Total Positions Budgeted 4 Budget Unit Object Classes: Personal Services $ 21,000 Regular Operating Expenses $ 4,575 Travel $ 1,750 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 200 Equipment Purchases $ 6,300 Per Diem and Fees $ 35,175 Computer Charges $ 0

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Section 23. 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 $ 8,000 Total Funds Budgeted $ 1,138,953 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 $ 8,000 Section 24. Office of the Governor. A. Budget Unit: Governor's Office $ 3,299,658 Cost of Operations $ 810,506 Mansion Allowance $ 32,500 Governor's Emergency Fund $ 2,431,652 Gubernatorial Transition Allowance $ 25,000 Total Funds Budgeted $ 3,299,658 State Funds Budgeted $ 3,299,658 Budget Unit Object Classes: Cost of Operations $ 810,506 Mansion Allowance $ 32,500 Governor's Emergency Fund $ 2,431,652 Gubernatorial Transition Allowance $ 25,000 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 or violence, or imminent danger thereof or other grave emergency when available funds are not sufficient for such purposes. B. Budget Unit: Office of Planning and Budget $ 2,325,830 1. General Administration and Support Budget: Personal Services $ 296,297 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 $ 57,500 Computer Charges $ 5,600 Payments to Regional Commissions $ 95,141 Total Funds Budgeted $ 498,793 State Funds Budgeted $ 485,793 Total Positions Budgeted 19 2. Council of the Arts Budget: Personal Services $ 51,432 Regular Operating Expenses $ 379,458 Travel $ 2,750 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 1,400 Equipment Purchases $ 300 Per Diem and Fees $ 500 Computer Charges $ 0 Total Funds Budgeted $ 435,840 State Funds Budgeted $ 161,105 Total Positions Budgeted 3 3. Budget Division Budget: Personal Services $ 317,756 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 $ 352,606 State Funds Budgeted $ 239,606 Total Positions Budgeted 16 4. Intergovernmental Relations Budget: Personal Services $ 313,505 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 $ 500 Computer Charges $ 0 Total Funds Budgeted $ 360,044 State Funds Budgeted $ 335,044 Total Positions Budgeted 21 5. Management Review Budget: Personal Services $ 282,374 Regular Operating Expenses $ 10,910 Travel $ 5,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 1,250 Equipment Purchases $ 600 Per Diem and Fees $ 0 Computer Charges $ 500 Total Funds Budgeted $ 300,634 State Funds Budgeted $ 250,634 Total Positions Budgeted 16 6. Policy Planning Budget: Personal Services $ 499,936 Regular Operating Expenses $ 43,266 Travel $ 19,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 20,500 Equipment Purchases $ 2,000 Per Diem and Fees $ 172,164 Computer Charges $ 20,000 Total Funds Budgeted $ 776,866 State Funds Budgeted $ 396,866 Total Positions Budgeted 25 7. Georgia Employment and Training Council Budget: Personal Services $ 282,503 Regular Operating Expenses $ 82,043 Travel $ 16,669 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 5,600 Equipment Purchases $ 8,800 Per Diem and Fees $ 4,840 Computer Charges $ 0 Total Funds Budgeted $ 400,455 State Funds Budgeted $ 0 Total Positions Budgeted 26 8. Fuel Allocation Office Budget: Personal Services $ 176,058 Regular Operating Expenses $ 42,366 Travel $ 9,200 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 10,000 Equipment Purchases $ 2,000 Per Diem and Fees $ 82,000 Computer Charges $ 0 Total Funds Budgeted $ 321,624 State Funds Budgeted $ 321,624 Total Positions Budgeted 23 9. Georgia Post Secondary Education Council Budget: Personal Services $ 67,452 Regular Operating Expenses $ 12,882 Travel $ 5,444 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 7,504 Equipment Purchases $ 2,525 Per Diem and Fees $ 23,998 Computer Charges $ 2,500 Total Funds Budgeted $ 122,305 State Funds Budgeted $ 40,000 Total Positions Budgeted 4 10. 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 $ 2,342,471 Regular Operating Expenses $ 638,419 Travel $ 100,063 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 63,654 Equipment Purchases $ 21,775 Per Diem and Fees $ 342,502 Computer Charges $ 30,300 Payments to Regional Commissions $ 95,141 Intern Stipends $ 30,000

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Section 25. Grants to Counties and Municipalities. 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.

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Section 26. Department of Human Resources. A. Budget Unit: Departmental Operations $ 218,631,236 1. General Administration and Support Budget: Personal Services $ 8,381,916 Regular Operating Expenses $ 1,546,014 Travel $ 296,651 Motor Vehicle Equipment Purchases $ 8,300 Publications and Printing $ 156,266 Equipment Purchases $ 81,538 Per Diem and Fees $ 71,639 Computer Charges $ 3,537,078 State of Georgia General Obligation Debt Sinking Fund $ 190,000 Total Funds Budgeted $ 14,269,402 State Funds Budgeted $ 8,130,972 Total Positions Budgeted 637 2. Physical HealthProgram Direction and Support Budget: Personal Services $ 972,621 Regular Operating Expenses $ 115,570 Travel $ 28,450 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 23,000 Equipment Purchases $ 4,000 Per Diem and Fees $ 200 Computer Charges $ 0 Total Funds Budgeted $ 1,143,841 State Funds Budgeted $ 1,143,841 Total Positions Budgeted 82 3. Physical HealthFamily Health Budget: Personal Services $ 3,981,982 Regular Operating Expenses $ 3,503,756 Travel $ 386,136 Motor Vehicle Equipment Purchases $ 20,000 Publications and Printing $ 82,307 Equipment Purchases $ 92,710 Per Diem and Fees $ 503,685 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 $ 2,462,750 Total Funds Budgeted $ 14,645,446 State Funds Budgeted $ 8,440,038 Total Positions Budgeted 412 4. Physical HealthCommunity Health Budget: Personal Services $ 4,719,794 Regular Operating Expenses $ 971,161 Travel $ 360,212 Motor Vehicle Equipment Purchases $ 4,400 Publications and Printing $ 68,088 Equipment Purchases $ 59,544 Per Diem and Fees $ 155,118 Computer Charges $ 31,692 Facilities Construction Grants $ 10,013,000 Capital Outlay $ 206,000 Total Funds Budgeted $ 16,589,009 State Funds Budgeted $ 10,078,915 Total Positions Budgeted 378 Provided, that of the above appropriation relative to departmental 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. In the event receipt of such approval is not known to the Department of Human Resources by June 20, 1975, the Department is authorized and directed to pay the $5,000,000 designated and approved herein to the Georgia Building Authority (Hospital). Provided, further, that the Georgia Building Authority (Hospital) shall retain such funds until instructed in writing by the Department of Human Resources to disburse such funds to the Macon-Bibb County Hospital Authority, or until June 1, 1977, at which time the funds, together with any income derived therefrom, shall be paid to the Department of Human Resources for lapse. 5. Physical HealthLocal Services Budget: Personal Services $ 5,412,719 Regular Operating Expenses $ 1,003,296 Travel $ 497,130 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 $ 8,331,748 Total Funds Budgeted $ 15,735,863 State Funds Budgeted $ 12,179,087 Total Positions Budgeted 447 Provided, that from funds appropriated to the Physical HealthLocal 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 HealthProgram Direction and Support Budget: Personal Services $ 1,140,373 Regular Operating Expenses $ 600,250 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 Benefits for Family Living Care $ 775,000 Total Funds Budgeted $ 2,693,823 State Funds Budgeted $ 1,874,505 Total Positions Budgeted 88 7. Drug Abuse Prevention and Abatement Budget: Personal Services $ 1,667,071 Regular Operating Expenses $ 3,203,927 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 $ 5,048,043 State Funds Budgeted $ 1,234,841 Total Positions Budgeted 153 8. Mental HealthLocal Services Budget: Personal Services $ 246,320 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 $ 21,750,718 Grants for Alcoholism Community Treatment Programs $ 2,296,391 Grants for Child Mental Health $ 700,032 Grants for Adult Mental Health $ 3,844,169 Grants to Group Homes for the Mentally Retarded $ 1,322,354 Total Funds Budgeted $ 30,220,548 State Funds Budgeted $ 15,671,312 Total Positions Budgeted 14 9. Economic and Consumer Affairs Budget: Personal Services $ 316,990 Regular Operating Expenses $ 106,359 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 $ 514,599 State Funds Budgeted $ 514,599 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 $ 6,235,958 Total Funds Budgeted $ 6,359,858 State Funds Budgeted $ 3,396,163 Total Positions Budgeted 0 12. Programs for Children, Youth, Families, and Adults Budget: Personal Services $ 5,827,075 Regular Operating Expenses $ 28,172,706 Travel $ 473,556 Motor Vehicle Equipment Purchases $ 12,200 Publications and Printing $ 89,335 Equipment Purchases $ 33,060 Per Diem and Fees $ 21,060 Computer Charges $ 0 Georgia Indigent Legal Services Contracts $ 1,000,000 Benefits for Child CareAttention Homes $ 64,800 Total Funds Budgeted $ 35,693,792 State Funds Budgeted $ 5,259,343 Total Positions Budgeted 545 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 RehabilitationProgram Direction and Support Budget: Personal Services $ 858,535 Regular Operating Expenses $ 9,203,965 Travel $ 26,347 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 9,500 Equipment Purchases $ 34,711 Per Diem and Fees $ 32,123 Computer Charges $ 0 Grants for Nephrology Centers $ 175,000 Total Funds Budgeted $ 10,340,181 State Funds Budgeted $ 2,579,080 Total Positions Budgeted 57 15. Vocational RehabilitationFacilities Budget: Personal Services $ 7,754,277 Regular Operating Expenses $ 4,545,918 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 Capital Outlay $ 750,000 Total Funds Budgeted $ 13,542,205 State Funds Budgeted $ 2,240,914 Total Positions Budgeted 684 16. Vocational RehabilitationServices Budget: Personal Services $ 10,744,856 Regular Operating Expenses $ 4,930,551 Travel $ 535,615 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 42,536 Equipment Purchases $ 128,072 Per Diem and Fees $ 241,771 Computer Charges $ 0 Total Funds Budgeted $ 16,623,401 State Funds Budgeted $ 1,671,847 Total Positions Budgeted 917 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 $ 256,000,000 Total Funds Budgeted $ 256,000,000 State Funds Budgeted $ 83,135,132 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 $ 4,135,814 AFDC Benefits $ 133,722,506 Total Funds Budgeted $ 137,958,320 State Funds Budgeted $ 38,270,000 Total Positions Budgeted 0 19. Local ServicesCommunity 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 $ 22,712,852 Grants to Counties for Social Services $ 21,674,560 Total Funds Budgeted $ 44,387,412 State Funds Budgeted $ 19,592,619 Total Positions Budgeted 0 20. Benefits PaymentsProgram Administration and Support Budget: Personal Services $ 2,375,422 Regular Operating Expenses $ 2,579,446 Travel $ 211,025 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 173,870 Equipment Purchases $ 37,380 Per Diem and Fees $ 0 Computer Charges $ 0 Total Funds Budgeted $ 5,377,143 State Funds Budgeted $ 2,479,238 Total Positions Budgeted 229 Budget Unit Object Classes: Personal Services $ 55,903,634 Regular Operating Expenses $ 60,597,831 Travel $ 3,313,499 Motor Vehicle Equipment Purchases $ 69,270 Publications and Printing $ 723,947 Equipment Purchases $ 856,444 Per Diem and Fees $ 1,461,616 Computer Charges $ 3,595,260 Crippled Children Benefits $ 2,890,120 Kidney Disease Benefits $ 300,000 Cancer Control Benefits $ 420,000 Maternal Health/Family Planning Benefits $ 2,462,750 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 $ 8,331,748 Benefits for Family Living Care $ 775,000 Contracts with Day Care Centers for the Mentally Retarded $ 21,750,718 Grants for Alcoholism Community Treatment Programs $ 2,296,391 Grants for Child Mental Health $ 700,032 Grants for Adult Mental Health $ 3,844,169 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 $ 6,235,958 Georgia Indigent Legal Services Contracts $ 1,000,000 Benefits for Child CareAttention Homes $ 64,800 Areawide and Community Grants $ 2,097,000 Nutrition Grants $ 2,688,500 Grants for Nephrology Centers $ 175,000 Medicaid Benefits $ 256,000,000 Cuban Refugees Benefits $ 100,000 SSI-Supplement Benefits $ 4,135,814 AFDC Benefits $ 133,722,506 Local Services Benefits Payments Grants $ 22,712,852 Grants to Counties for Social Services $ 21,674,560 State of Georgia General Obligation Debt Sinking Fund $ 190,000 Capital Outlay $ 956,000 Provided, that of the above appropriation relating to Medicaid, a specific sum 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. Provided, that of the above appropriation, $206,000 is designated and committed for ventilation renovation in the T. B. Laboratory. Provided, that of the above appropriation relative to departmental operations, no State funds whatsoever shall be used to pay AFDC benefits to the extent that the net average monthly payment per individual exceeds $32.00 on a quarterly average basis. Provided, that of the above appropriation, $330,000 is designated and committed for the Georgia Medical Care Foundation contract, and an additional $30,000 is designated and committed for the early implementation of the CHEC program. Provided, that of the above appropriation, $188,000 is designated and committed to provide a one-step Merit System upgrading for the Caseworker series in DFACS. Provided, that of the above appropriation, $33,000 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 however, that none of the above appropriation for Medicaid Benefits shall be used to fund any increase in rates for providers of service, unless approved in advance by appropriate subcommittees of the House and Senate Appropriations Committees, said subcommittees to be so designated by the respective Chairmen of said Appropriations Committees. Provided, that of the above appropriation, $7,400 is designated and committed for upgrading of the Attendant I, Attendant II, and Nursing Assistant I series at Warm Springs and the Georgia Rehabilitation Center. B. Budget Unit: Mental Health and Youth Development Institutions $ 125,627,714 1. Georgia Regional Hospital at Augusta Budget: Personal Services $ 4,604,466 Regular Operating Expenses $ 901,792 Travel $ 20,500 Motor Vehicle Equipment Purchases $ 4,000 Publications and Printing $ 4,782 Equipment Purchases $ 13,834 Per Diem and Fees $ 75,600 Computer Charges $ 70,000 Authority Lease Rentals $ 387,000 Total Funds Budgeted $ 6,081,974 State Funds Budgeted $ 5,566,716 Total Positions Budgeted 540 2. Georgia Regional Hospital at Atlanta Budget: Personal Services $ 5,836,328 Regular Operating Expenses $ 1,378,993 Travel $ 10,500 Motor Vehicle Equipment Purchases $ 10,000 Publications and Printing $ 8,750 Equipment Purchases $ 32,372 Per Diem and Fees $ 105,072 Computer Charges $ 82,000 Capital Outlay $ 100,000 Authority Lease Rentals $ 513,000 Total Funds Budgeted $ 8,077,015 State Funds Budgeted $ 7,379,841 Total Positions Budgeted 662 3. Georgia Regional Hospital at Savannah Budget: Personal Services $ 4,327,296 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 $ 72,000 Computer Charges $ 69,000 Authority Lease Rentals $ 500,000 Total Funds Budgeted $ 5,735,076 State Funds Budgeted $ 5,396,239 Total Positions Budgeted 551 4. West Central Georgia Regional Hospital Budget: Personal Services $ 2,588,507 Regular Operating Expenses $ 693,040 Travel $ 20,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 8,000 Equipment Purchases $ 21,000 Per Diem and Fees $ 34,000 Computer Charges $ 65,000 Authority Lease Rentals $ 646,500 Total Funds Budgeted $ 4,076,047 State Funds Budgeted $ 4,001,047 Total Positions Budgeted 551 5. Northwest Georgia Regional Hospital at Rome Budget: Personal Services $ 4,770,213 Regular Operating Expenses $ 1,068,435 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 Capital Outlay $ 178,744 Authority Lease Rentals $ 853,500 Total Funds Budgeted $ 7,069,982 State Funds Budgeted $ 6,211,238 Total Positions Budgeted 779 6. Gracewood State School and Hospital Budget: Personal Services $ 13,323,737 Regular Operating Expenses $ 3,005,220 Travel $ 30,900 Motor Vehicle Equipment Purchases $ 23,425 Publications and Printing $ 7,912 Equipment Purchases $ 131,133 Per Diem and Fees $ 64,622 Computer Charges $ 71,000 Capital Outlay $ 515,560 Authority Lease Rentals $ 117,000 Total Funds Budgeted $ 17,290,509 State Funds Budgeted $ 13,568,507 Total Positions Budgeted 1,602 7. Southwestern State Hospital Budget: Personal Services $ 6,770,190 Regular Operating Expenses $ 1,181,102 Travel $ 29,954 Motor Vehicle Equipment Purchases $ 7,725 Publications and Printing $ 1,300 Equipment Purchases $ 34,551 Per Diem and Fees $ 36,231 Computer Charges $ 70,000 Capital Outlay $ 75,000 Total Funds Budgeted $ 8,206,053 State Funds Budgeted $ 7,067,943 Total Positions Budgeted 838 8. Georgia Retardation Center Budget: Personal Services $ 9,746,070 Regular Operating Expenses $ 2,655,753 Travel $ 35,301 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 11,410 Equipment Purchases $ 21,500 Per Diem and Fees $ 63,238 Computer Charges $ 122,100 Authority Lease Rentals $ 794,000 Total Funds Budgeted $ 13,449,372 State Funds Budgeted $ 12,524,195 Total Positions Budgeted 1,118 9. Georgia Mental Health Institute Budget: Personal Services $ 6,930,389 Regular Operating Expenses $ 1,601,595 Travel $ 40,773 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 9,870 Equipment Purchases $ 33,745 Per Diem and Fees $ 77,170 Computer Charges $ 60,810 Authority Lease Rentals $ 450,000 Total Funds Budgeted $ 9,204,352 State Funds Budgeted $ 8,601,626 Total Positions Budgeted 710 10. Central State Hospital Budget: Personal Services $ 41,123,400 Regular Operating Expenses $ 9,441,821 Travel $ 79,022 Motor Vehicle Equipment Purchases $ 40,000 Publications and Printing $ 14,408 Equipment Purchases $ 509,118 Per Diem and Fees $ 104,012 Computer Charges $ 360,000 Capital Outlay $ 3,475,000 Authority Lease Rentals $ 1,284,000 State of Georgia General Obligation Debt Sinking Fund $ 183,000 Total Funds Budgeted $ 56,613,781 State Funds Budgeted $ 45,073,694 Total Positions Budgeted 4,919 11. State Youth Development Centers Budget: Personal Services $ 6,159,549 Regular Operating Expenses $ 1,360,499 Travel $ 26,736 Motor Vehicle Equipment Purchases $ 29,400 Publications and Printing $ 3,900 Equipment Purchases $ 38,581 Per Diem and Fees $ 37,300 Computer Charges $ 8,000 Total Funds Budgeted $ 7,663,965 State Funds Budgeted $ 7,078,559 Total Positions Budgeted 646 12. Regional Youth Development Centers Budget: Personal Services $ 2,120,363 Regular Operating Expenses $ 544,161 Travel $ 19,470 Motor Vehicle Equipment Purchases $ 17,000 Publications and Printing $ 1,450 Equipment Purchases $ 39,145 Per Diem and Fees $ 53,100 Computer Charges $ 0 Grants to County-Owned Detention Centers $ 400,000 Capital Outlay $ 144,000 Total Funds Budgeted $ 3,338,689 State Funds Budgeted $ 3,158,109 Total Positions Budgeted 298 Budget Unit Object Classes: Personal Services $ 108,300,508 Regular Operating Expenses $ 24,580,191 Travel $ 350,156 Motor Vehicle Equipment Purchases $ 138,795 Publications and Printing $ 86,717 Equipment Purchases $ 932,954 Per Diem and Fees $ 748,280 Computer Charges $ 1,052,910 Grants to County-Owned Detention Centers $ 400,000 Capital Outlay $ 4,488,304 Authority Lease Rentals $ 5,545,000 State of Georgia General Obligation Debt Sinking Fund $ 183,000 Provided, that the Department is hereby authorized and directed to redirect up to $75,000 from available funds held by the Georgia Building Authority (Hospital) to complete the planning for the construction of a hospital unit at Gracewood State School and Hospital, and to redirect up to $75,000 from available funds held by the Georgia Building Authority (Hospital) to complete the planning for the construction of a multi-geographic receiving facility at Southwestern State Hospital. Provided, that the Department is hereby authorized and directed to redirect up to $3,300,000 of available funds held by the Georgia Building Authority (Hospital) to construct the Water Treatment Facility at Central State Hospital through Capital Outlay. Provided, that of the above appropriation relating to Capital Outlay, $144,000 is designated and committed to plan for the construction of Regional Youth Development Centers at Macon, Griffin and Eastman and $175,000 is designated and committed to plan for the renovation of the Allen Building at Central State Hospital. Provided, that of the above appropriation relating to Personal Services, $350,000 is designated and committed to provide for the upgrading of the Attendant series at the Mental Health Institutions.

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Section 27. Department of Labor. A. Budget Unit: Inspection Division $ 449,184 Inspection Division Budget: Personal Services $ 358,854 Regular Operating Expenses $ 25,230 Travel $ 60,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 3,000 Equipment Purchases $ 1,500 Per Diem and Fees $ 600 Computer Charges $ 0 Total Funds Budgeted $ 449,184 State Funds Budgeted $ 449,184 Total Positions Budgeted 30 Budget Unit Object Classes: Personal Services $ 358,854 Regular Operating Expenses $ 25,230 Travel $ 60,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 3,000 Equipment Purchases $ 1,500 Per Diem and Fees $ 600 Computer Charges $ 0 B. Budget Unit: Basic Employment, Work Incentive, Manpower Services and Unemployment Compensation Reserve Fund $ 2,263,524 1. Basic Employment Security Budget: Personal Services $ 12,801,467 Regular Operating Expenses $ 1,460,622 Travel $ 248,400 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 110,250 Equipment Purchases $ 119,028 Per Diem and Fees $ 6,000 Computer Charges $ 0 Total Funds Budgeted $ 14,745,767 State Funds Budgeted $ 75,000 Total Positions Budgeted 1,008 2. State Administrative Fund Budget: Personal Services $ 103,108 Regular Operating Expenses $ 45,497 Travel $ 35,000 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 $ 3,231,665 Regular Operating Expenses $ 16,942,741 Travel $ 185,460 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 23,835 Equipment Purchases $ 151,283 Per Diem and Fees $ 3,500 Computer Charges $ 0 Total Funds Budgeted $ 20,538,484 State Funds Budgeted $ 0 Total Positions Budgeted 273 5. Correctional Manpower Program: Personal Services $ 616,453 Regular Operating Expenses $ 207,407 Travel $ 17,999 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 0 Equipment Purchases $ 0 Per Diem and Fees $ 0 Computer Charges $ 0 Total Funds Budgeted $ 841,859 State Funds Budgeted $ 491,736 Total Positions Budgeted 58 6. Unemployment Compensation Reserve Fund Budget: Unemployment Compensation Reserve Fund $ 700,000 Total Funds Budgeted $ 700,000 State Funds Budgeted $ 700,000 7. Work Incentive Budget: Personal Services $ 2,767,581 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 W. I. N. Grants $ 1,769,000 Total Funds Budgeted $ 8,230,581 State Funds Budgeted $ 813,183 Total Positions Budgeted 232 Budget Unit Object Classes: Personal Services $ 21,529,265 Regular Operating Expenses $ 22,420,967 Travel $ 637,259 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 146,685 Equipment Purchases $ 329,561 Per Diem and Fees $ 9,500 Computer Charges $ 0 W. I. N. Grants $ 1,769,000 Unemployment Compensation Reserve Fund $ 700,000

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Section 28. Department of Law. Budget Unit: Department of Law $ 1,970,219 1. Attorney General's Office Budget: Personal Services $ 1,597,521 Regular Operating Expenses $ 155,000 Travel $ 59,860 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 23,750 Equipment Purchases $ 18,000 Per Diem and Fees $ 29,450 Computer Charges $ 640 Total Funds Budgeted $ 1,884,221 State Funds Budgeted $ 1,801,831 Total Positions Budgeted 83 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 $ 28,000 Total Funds Budgeted $ 168,388 State Funds Budgeted $ 168,388 Total Positions Budgeted 11 Budget Unit Object Classes: Personal Services $ 1,729,909 Regular Operating Expenses $ 160,000 Travel $ 60,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 24,000 Equipment Purchases $ 20,000 Per Diem and Fees $ 30,000 Computer Charges $ 700 Books for State Library $ 28,000 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.

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Section 29. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel Administration (No direct State General Fund Appropriation is required) $ 0 1. Applicant Services Budget: Personal Services $ 359,542 Regular Operating Expenses $ 15,850 Travel $ 1,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 16,100 Equipment Purchases $ 3,830 Per Diem and Fees $ 2,000 Computer Charges $ 188,800 Total Funds Budgeted $ 587,622 State Funds Budgeted $ 0 Total Positions Budgeted 31 2. Classification and Compensation Budget: Personal Services $ 280,851 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 $ 140,500 Computer Charges $ 96,685 Total Funds Budgeted $ 536,461 State Funds Budgeted $ 0 Total Positions Budgeted 21 Provided, however, that $ 140,000 of the abovve budget is intended for a classification and compensation study to determine the proper salary relationships betweeen the various class titles and not to determine what salary increases might be necessary to make the salaries paid under the Merit System Pay Schedule more competitive with private business and industry. Provided, further, that no funds authorized in this section shall be expended for a classification and compensation study unless prior written approval is obtained from the Governor of Georgia. 3. Employee Services Budget: Personal Services $ 229,868 Regular Operating Expenses $ 7,450 Travel $ 2,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 5,750 Equipment Purchases $ 1,950 Per Diem and Fees $ 3,674 Computer Charges $ 85,000 Total Funds Budgeted $ 336,192 State Funds Budgeted $ 0 Total Positions Budgeted 20 4. Training and Staff Development Budget: Personal Services $ 179,753 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 $ 230,153 State Funds Budgeted $ 0 Total Positions Budgeted 13 5. Insurance and Income Maintenance 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 6. Planning, Research and Special Services Budget: Personal Services $ 87,430 Regular Operating Expenses $ 249,897 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 $ 349,977 State Funds Budgeted $ 0 Total Positions Budgeted 5 7. Administrative and Staff Services Budget: Personal Services $ 131,618 Regular Operating Expenses $ 6,230 Travel $ 400 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 1,700 Equipment Purchases $ 2,900 Per Diem and Fees $ 300 Computer Charges $ 6,000 Total Funds Budgeted $ 149,148 State Funds Budgeted $ 0 Total Positions Budgeted 12 8. Directors Office Budget: Personal Services $ 97,500 Regular Operating Expenses $ 6,345 Travel $ 4,600 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 2,700 Equipment Purchases $ 200 Per Diem and Fees $ 1,800 Computer Charges $ 0 Total Funds Budgeted $ 113,145 State Funds Budgeted $ 0 Total Positions Budgeted 5 Budget Unit Object Classes: Personal Services $ 1,532,876 Regular Operating Expenses $ 321,847 Travel $ 21,725 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 41,425 Equipment Purchases $ 13,080 Per Diem and Fees $ 179,674 Computer Charges $ 400,685

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Section 30. Department of Natural Resources. Budget Unit: Department of Natural Resources $ 30,955,644.75 1. Internal Administration Budget: Personal Services $ 848,552 Regular Operating Expenses $ 261,822 Travel $ 7,600 Motor Vehicle Equipment Purchases $ 3,400 Publications and Printing $ 65,000 Equipment Purchases $ 12,550 Per Diem and Fees $ 27,000 Computer Charges $ 145,942 Grants to the Herty Foundation $ 50,000 Total Funds Budgeted $ 1,421,866 State Funds Budgeted $ 1,421,866 Total Positions Budgeted 70 2. Public Relations and Information Budget: Personal Services $ 306,376 Regular Operating Expenses $ 68,400 Travel $ 9,200 Motor Vehicle Equipment Purchases $ 7,500 Publications and Printing $ 267,000 Equipment Purchases $ 14,500 Per Diem and Fees $ 13,000 Computer Charges $ 0 Total Funds Budgeted $ 685,976 State Funds Budgeted $ 685,976 Total Positions Budgeted 25 Provided, however, that of the above appropriation, $685,976 is designated and committed for the Public Relations and Information Budget. 3. Planning and Research Budget: Personal Services $ 852,810 Regular Operating Expenses $ 257,513 Travel $ 65,900 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 74,950 Equipment Purchases $ 26,000 Per Diem and Fees $ 93,000 Computer Charges $ 3,000 Land and Water Conservation Grants $ 4,000,000 Recreation Grants $ 200,000 Total Funds Budgeted $ 5,573,173 State Funds Budgeted $ 1,341,494 Total Positions Budgeted 65 4. Unicoi Budget: Personal Services $ 558,398 Regular Operating Expenses $ 324,500 Travel $ 19,000 Motor Vehicle Equipment Purchases $ 30,500 Publications and Printing $ 20,000 Equipment Purchases $ 34,000 Per Diem and Fees $ 33,500 Computer Charges $ 0 Total Funds Budgeted $ 1,019,898 State Funds Budgeted $ 635,483 Total Positions Budgeted 58 5. Game Management Budget: Personal Services $ 1,259,303 Regular Operating Expenses $ 489,700 Travel $ 9,100 Motor Vehicle Equipment Purchases $ 154,090 Publications and Printing $ 15,000 Equipment Purchases $ 86,600 Per Diem and Fees $ 3,000 Computer Charges $ 0 Total Funds Budgeted $ 2,016,793 State Funds Budgeted $ 1,118,657 Total Positions Budgeted 112 6. Fisheries Management Budget: Personal Services $ 1,319,708 Regular Operating Expenses $ 488,094 Travel $ 32,000 Motor Vehicle Equipment Purchases $ 117,450 Publications and Printing $ 10,500 Equipment Purchases $ 114,955 Per Diem and Fees $ 3,000 Computer Charges $ 6,327 Capital Outlay $ 250,000 Total Funds Budgeted $ 2,342,034 State Funds Budgeted $ 1,861,096 Total Positions Budgeted 111 7. Law Enforcement Budget: Personal Services $ 2,891,313 Regular Operating Expenses $ 799,535 Travel $ 49,101 Motor Vehicle Equipment Purchases $ 248,280 Publications and Printing $ 29,394 Equipment Purchases $ 164,092 Per Diem and Fees $ 0 Computer Charges $ 0 State of Georgia General Obligation Debt Sinking Fund $ 27,000 Total Funds Budgeted $ 4,208,715 State Funds Budgeted $ 4,012,160 Total Positions Budgeted 242 8. Project Evaluation Budget: Personal Services $ 63,278 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 $ 80,653 State Funds Budgeted $ 80,653 Total Positions Budgeted 4 9. Coastal Marshlands Protection Budget: Personal Services $ 29,939 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 $ 36,939 State Funds Budgeted $ 36,939 Total Positions Budgeted 2 10. Parks and Historic Sites Operations Budget: Personal Services $ 3,159,615 Regular Operating Expenses $ 2,066,102 Travel $ 49,875 Motor Vehicle Equipment Purchases $ 265,030 Publications and Printing $ 15,200 Equipment Purchases $ 281,249 Per Diem and Fees $ 24,400 Computer Charges $ 0 Capital Outlay $ 2,172,200 Authority Lease Rentals $ 2,526,000 State of Georgia General Obligation Debt Sinking Fund $ 0 Total Funds Budgeted $ 10,559,671 State Funds Budgeted $ 8,734,671 Total Positions Budgeted 321 11. Geologic and Water Resources Research Budget: Personal Services $ 471,711 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 Topographic MappingU. S. Geological Survey $ 1,585,000 Contract with U. S. Geological Survey for Ground Water Resources Survey $ 176,000 Total Funds Budgeted $ 2,439,411 State Funds Budgeted $ 2,156,411 Total Positions Budgeted 33 12. Water Supply Budget: Personal Services $ 425,055 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 Fluoridation Grants $ 250,000 Total Funds Budgeted $ 785,359 State Funds Budgeted $ 785,359 Total Positions Budgeted 35 13. Water Quality Budget: Personal Services $ 1,335,404 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 $ 105,289 Water and Sewer Grants $ 2,000,000 Total Funds Budgeted $ 4,233,093 State Funds Budgeted $ 2,978,256 Total Positions Budgeted 94 14. Air Quality Budget: Personal Services $ 999,391 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 $ 58,092 Total Funds Budgeted $ 1,220,557 State Funds Budgeted $ 720,557 Total Positions Budgeted 77 15. Solid Waste Management Budget: Personal Services $ 494,992 Regular Operating Expenses $ 44,088 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 $ 2,586,312 State Funds Budgeted $ 2,574,510 Total Positions Budgeted 35 16. Land Reclamation Budget: Personal Services $ 142,351 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 $ 42,506 Total Funds Budgeted $ 229,057 State Funds Budgeted $ 229,057 Total Positions Budgeted 9 17. Heritage Trust Budget: Capital Outlay $ 411,499.75 State of Georgia General Obligation Debt Sinking Fund $ 302,000.00 Total Funds Budgeted $ 713,499.75 State Funds Budgeted $ 713,499.75 Total Positions Budgeted 0 18. Lake Lanier Islands Development Authority Budget: Payments to Lake Lanier Islands Development Authority for Operations and Construction $ 879,000 Total Funds Budgeted $ 879,000 State Funds Budgeted $ 869,000 Total Positions Budgeted 0 Provided, that of the above appropriation, $150,000 is designated and committed for matching with Bureau of Outdoor Recreation funds for recreational improvements. Budget Unit Object Classes: Personal Services $ 15,158,196.00 Regular Operating Expenses $ 5,701,404.00 Travel $ 429,090.00 Motor Vehicle Equipment Purchases $ 869,200.00 Publications and Printing $ 549,344.00 Equipment Purchases $ 903,717.00 Per Diem and Fees $ 211,200.00 Computer Charges $ 381,156.00 Land and Water Conservation Grants $ 4,000,000.00 Recreation Grants $ 200,000.00 Grants to the Herty Foundation $ 50,000.00 Water and Sewer Grants $ 2,000,000.00 Fluoridation Grants $ 250,000.00 Solid Waste Grants $ 2,000,000.00 Contract with U. S. Geological Survey for Ground Water Resources Survey $ 176,000.00 Contract with U.S. Geological Survey for Topographic Maps $ 1,585,000.00 Payments to Lake Lanier Islands Development Authority for Operations and Construction $ 879,000.00 Capital Outlay $ 2,833,699.75 Authority Lease Rentals $ 2,526,000.00 State of Georgia General Obligation Debt Sinking Fund $ 329,000.00 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 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 shall be made prior to the official approval thereof by the Board of Natural Resources. 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, that of the above appropriation relative to Capital Outlay, $143,000 is designated and committed for improvements at the George T. Bagby State Park. Provided, that of the above appropriation, $387,000 is designated and committed for land acquisition in Rockdale County. Provided, that of the above appropriation, $5,000 is designated and committed for an entrance sign at Providence Canyon State Park. Provided, that of the above appropriation relating to Planning and Research, $4,550 is designated and committed for funding a Planner for the Georgia Special Olympics Program. Provided, that of the above appropriation, $291,089 is designated and committed for motor vehicle expenses in the Law Enforcement Activity of the Department of Natural Resources.

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Section 31. Department of Offender Rehabilitation. A. Budget Unit: Department of Corrections $ 4,253,159 1. General Administration and Support Budget: Personal Services $ 2,523,270 Regular Operating Expenses $ 697,777 Travel $ 100,000 Motor Vehicle Equipment Purchases $ 4,500 Publications and Printing $ 28,300 Equipment Purchases $ 64,637 Per Diem and Fees $ 64,780 Computer Charges $ 236,036 Inmate Release Fund Payments and Clothing $ 370,000 Total Funds Budgeted $ 4,089,300 State Funds Budgeted $ 4,089,300 Total Positions Budgeted 200 2. Construction, Maintenance, and Special Projects Budget: Personal Services $ 116,859 Regular Operating Expenses $ 18,250 Travel $ 8,800 Motor Vehicle Equipment Purchases $ 4,750 Publications and Printing $ 0 Equipment Purchases $ 0 Per Diem and Fees $ 15,200 Computer Charges $ 0 Total Funds Budgeted $ 163,859 State Funds Budgeted $ 163,859 Total Positions Budgeted 8 3. Grants Corrections Budget: Personal Services $ 1,066,558 Regular Operating Expenses $ 494,654 Travel $ 96,458 Motor Vehicle Equipment Purchases $ 3,927 Publications and Printing $ 26,316 Equipment Purchases $ 65,198 Per Diem and Fees $ 121,523 Computer Charges $ 23,119 Direct Benefits $ 22,698 Total Funds Budgeted $ 1,920,451 State Funds Budgeted $ 0 Total Positions Budgeted 110 Budget Unit Object Classes: Personal Services $ 3,706,687 Regular Operating Expenses $ 1,210,681 Travel $ 205,258 Motor Vehicle Equipment Purchases $ 13,177 Publications and Printing $ 54,616 Equipment Purchases $ 129,835 Per Diem and Fees $ 201,503 Computer Charges $ 259,155 Direct Benefits $ 22,698 Inmate Release Fund Payments and Clothing $ 370,000 B. Budget Unit: Correctional Institutions $ 24,872,945 1. Georgia Training and Development Center Budget: Personal Services $ 878,853 Regular Operating Expenses $ 453,582 Travel $ 2,240 Motor Vehicle Equipment Purchases $ 17,000 Publications and Printing $ 102 Equipment Purchases $ 38,516 Per Diem and Fees $ 16,378 Computer Charges $ 0 Total Funds Budgeted $ 1,406,671 State Funds Budgeted $ 1,095,488 Total Positions Budgeted 83 2. Georgia Industrial Institute Budget: Personal Services $ 2,184,338 Regular Operating Expenses $ 1,298,277 Travel $ 7,142 Motor Vehicle Equipment Purchases $ 58,800 Publications and Printing $ 615 Equipment Purchases $ 33,015 Per Diem and Fees $ 13,783 Computer Charges $ 0 Capital Outlay $ 166,000 Total Funds Budgeted $ 3,761,970 State Funds Budgeted $ 3,751,970 Total Positions Budgeted 225 3. Georgia Diagnostic and Classification Center Budget: Personal Services $ 2,269,108 Regular Operating Expenses $ 899,316 Travel $ 4,094 Motor Vehicle Equipment Purchases $ 128,500 Publications and Printing $ 819 Equipment Purchases $ 39,900 Per Diem and Fees $ 48,975 Computer Charges $ 0 Capital Outlay $ 18,000 Authority Lease Rentals $ 640,000 Total Funds Budgeted $ 4,048,712 State Funds Budgeted $ 4,042,512 Total Positions Budgeted 225 4. Georgia State Prison Budget: Personal Services $ 4,694,950 Regular Operating Expenses $ 2,455,952 Travel $ 5,165 Motor Vehicle Equipment Purchases $ 54,000 Publications and Printing $ 1,535 Equipment Purchases $ 129,621 Per Diem and Fees $ 78,540 Computer Charges $ 0 Capital Outlay $ 80,000 Total Funds Budgeted $ 7,499,763 State Funds Budgeted $ 7,414,763 Total Positions Budgeted 449 5. Consolidated Branches Budget: Personal Services $ 4,957,383 Regular Operating Expenses $ 2,836,374 Travel $ 39,204 Motor Vehicle Equipment Purchases $ 122,110 Publications and Printing $ 3,572 Equipment Purchases $ 86,976 Per Diem and Fees $ 167,253 Computer Charges $ 0 Capital Outlay $ 690,156 Authority Lease Rentals $ 200,000 Total Funds Budgeted $ 9,103,028 State Funds Budgeted $ 8,568,212 Total Positions Budgeted 518 Budget Unit Object Classes: Personal Services $ 14,984,632 Regular Operating Expenses $ 7,943,501 Travel $ 57,845 Motor Vehicle Equipment Purchases $ 380,410 Publications and Printing $ 6,643 Equipment Purchases $ 328,028 Per Diem and Fees $ 324,929 Computer Charges $ 0 Capital Outlay $ 954,156 Authority Lease Rentals $ 840,000 Provided, that the Department is hereby authorized and directed to redirect $ 245,000 from funds available to the Georgia Building Authority (Penal) to construct a 175-bed dormitory facility at the Vocational Rehabilitation Center at Georgia Industrial Institute. Provided, that of the above appropriation relative to Capital Outlay, $60,000 is designated and committed to renovate the electrical systems at Lowndes Correctional Institute and Lee Correctional Institute. Provided, that of the above appropriation relative to Capital Outlay, $250,000 is designated and committed to equip the new Georgia Rehabilitation Center for Women in Baldwin County. Provided, that of the above appropriation relative to Capital Outlay, $30,000 is designated and committed for a comprehensive sewage disposal plan at Georgia State Prison and Lee Correctional Institute. Provided, that of the above appropriation relative to Capital Outlay, $12,000 is designated and committed for a farrowing barn at Georgia Industrial Institute. C. Budget Unit: Department of Offender Rehabilitation $ 4,727,751 1. Administration Budget: Personal Services $ 33,957 Regular Operating Expenses $ 13,497 Travel $ 24,140 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 0 Equipment Purchases $ 6,600 Per Diem and Fees $ 4,318 Computer Charges $ 0 Total Funds Budgeted $ 82,512 State Funds Budgeted $ 67,212 Total Positions Budgeted 2 2. ProbationParole Supervision Regional Operations Budget: Personal Services $ 4,072,006 Regular Operating Expenses $ 256,585 Travel $ 258,136 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 3,292 Equipment Purchases $ 40,000 Per Diem and Fees $ 5,250 Computer Charges $ 6,000 Total Funds Budgeted $ 4,641,269 State Funds Budgeted $ 4,641,269 Total Positions Budgeted 374 3. GrantsOffender Rehabilitation: Personal Services $ 2,139,804 Regular Operating Expenses $ 671,593 Travel $ 176,879 Motor Vehicle Equipment Purchases $ 3,755 Publications and Printing $ 38,541 Equipment Purchases $ 86,587 Per Diem and Fees $ 79,543 Computer Charges $ 7,490 Direct Benefits $ 48,000 Total Funds Budgeted $ 3,252,192 State Funds Budgeted $ 19,270 Total Positions Budgeted 247 Budget Unit Object Classes: Personal Services $ 6,245,767 Regular Operating Expenses $ 941,675 Travel $ 459,155 Motor Vehicle Equipment Purchases $ 3,755 Publications and Printing $ 41,833 Equipment Purchases $ 133,187 Per Diem and Fees $ 89,111 Computer Charges $ 13,490 Direct Benefits $ 48,000 D. Budget Unit: Board of Pardons and Paroles $ 431,147 Board of Pardons and Paroles Budget: Personal Services $ 410,694 Regular Operating Expenses $ 20,247 Travel $ 28,750 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 2,300 Equipment Purchases $ 13,980 Per Diem and Fees $ 2,500 Computer Charges $ 0 Total Funds Budgeted $ 478,471 State Funds Budgeted $ 431,147 Total Positions Budgeted 25 Budget Unit Object Classes: Personal Services $ 410,694 Regular Operating Expenses $ 20,247 Travel $ 28,750 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 2,300 Equipment Purchases $ 13,980 Per Diem and Fees $ 2,500 Computer Charges $ 0

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Section 32. Department of Public Safety. Budget Unit: Department of Public Safety $ 22,186,349 1. Office of Highway Safety Budget: Personal Services $ 244,236 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 $ 7,000 Computer Charges $ 2,000 Total Funds Budgeted $ 301,836 State Funds Budgeted $ 0 Total Positions Budgeted 16 2. Commissioner's Office Budget: Personal Services $ 263,242 Regular Operating Expenses $ 40,238 Travel $ 9,380 Motor Vehicle Equipment Purchases $ 10,200 Publications and Printing $ 16,105 Equipment Purchases $ 2,800 Per Diem and Fees $ 2,810 Computer Charges $ 0 Total Funds Budgeted $ 344,775 State Funds Budgeted $ 294,775 Total Positions Budgeted 16 3. Staff Services Budget: Personal Services $ 610,055 Regular Operating Expenses $ 864,662 Travel $ 2,750 Motor Vehicle Equipment Purchases $ 6,800 Publications and Printing $ 69,441 Equipment Purchases $ 120,360 Per Diem and Fees $ 10,660 Computer Charges $ 158,210 Total Funds Budgeted $ 1,842,938 State Funds Budgeted $ 1,842,938 Total Positions Budgeted 66 4. Georgia State Patrol Budget: Personal Services $ 13,629,977 Overtime Payments $ 266,822 Regular Operating Expenses $ 2,090,801 Travel $ 79,448 Motor Vehicle Equipment Purchases $ 1,520,984 Publications and Printing $ 884,103 Equipment Purchases $ 153,594 Per Diem and Fees $ 130,000 Computer Charges $ 998,970 Capital Outlay $ 104,500 Total Funds Budgeted $ 19,859,199 State Funds Budgeted $ 19,719,083 Total Positions Budgeted 1,118 5. Police Academy Budget: Personal Services $ 166,723 Regular Operating Expenses $ 69,982 Travel $ 5,760 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 6,980 Equipment Purchases $ 0 Per Diem and Fees $ 44,500 Computer Charges $ 0 Total Funds Budgeted $ 293,945 State Funds Budgeted $ 208,945 Total Positions Budgeted 11 6. Mandate Training Budget: Personal Services $ 140,619 Regular Operating Expenses $ 18,258 Travel $ 6,710 Motor Vehicle Equipment Purchases $ 7,300 Publications and Printing $ 818 Equipment Purchases $ 3,071 Per Diem and Fees $ 100 Computer Charges $ 0 Total Funds Budgeted $ 176,876 State Funds Budgeted $ 120,608 Total Positions Budgeted 11 Budget Unit Object Classes: Personal Services $ 15,054,852 Overtime Payments $ 266,822 Regular Operating Expenses $ 3,108,541 Travel $ 118,048 Motor Vehicle Equipment Purchases $ 1,545,284 Publications and Printing $ 984,447 Equipment Purchases $ 282,825 Per Diem and Fees $ 195,070 Computer Charges $ 1,159,180 Capital Outlay $ 104,500 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). Provided, however, that of the above appropriation, the following amounts are designated and committed for Capital Outlay purposes at the facilities listed thereby: Floyd County Driver's License Facility $ 35,000 Cedartown Patrol Post $ 30,000 Clarke County Patrol Post $ 9,500 Villa Rica Patrol Post $ 30,000

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Section 33. Public School Employees' Retirement System. Budget Unit: Public School Employees' Retirement System $ 7,405,180 Departmental Operations Budget: Regular Operating Expenses $ 137,000 Employer Contributions $ 7,268,180 Total Funds Budgeted $ 7,405,180 State Funds Budgeted $ 7,405,180 Budget Unit Object Classes: Regular Operating Expenses $ 137,000 Employer Contributions $ 7,268,180 Provided, that of the above appropriation relating to Employer Contributions, $9,180 is designated and committed to fund House Bill 182.

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Section 34. Public Service Commission. Budget Unit: Public Service Commission $ 2,068,947 1. Administration Budget: Personal Services $ 446,115 Regular Operating Expenses $ 26,050 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 $ 496,365 State Funds Budgeted $ 496,365 Total Positions Budgeted 27 2. Transportation Budget: Personal Services $ 486,042 Regular Operating Expenses $ 99,050 Travel $ 35,000 Motor Vehicle Equipment Purchases $ 12,000 Publications and Printing $ 9,700 Equipment Purchases $ 13,500 Per Diem and Fees $ 3,000 Computer Charges $ 0 Total Funds Budgeted $ 658,292 State Funds Budgeted $ 658,292 Total Positions Budgeted 44 3. Utilities Budget: Personal Services $ 711,840 Regular Operating Expenses $ 77,550 Travel $ 27,000 Motor Vehicle Equipment Purchases $ 7,000 Publications and Printing $ 9,000 Equipment Purchases $ 30,050 Per Diem and Fees $ 76,850 Computer Charges $ 0 Total Funds Budgeted $ 939,290 State Funds Budgeted $ 914,290 Total Positions Budgeted 53 Budget Unit Object Classes: Personal Services $ 1,643,997 Regular Operating Expenses $ 202,650 Travel $ 66,500 Motor Vehicle Equipment Purchases $ 19,000 Publications and Printing $ 20,200 Equipment Purchases $ 46,750 Per Diem and Fees $ 94,850 Computer Charges $ 0

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Section 35. Regents, University System of Georgia. A. Budget Unit: Resident Instruction and University System Institutions $ 255,041,707 1. Resident Instruction Budget: Personal Services $ 219,297,643 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 $ 16,950,500 Capital Outlay $ 4,362,404 Authority Lease Rentals $ 22,739,136 State of Georgia General Obligation Debt Sinking Fund $ 2,000,000 Total Funds Budgeted $ 327,492,683 State Funds Budgeted $ 224,642,166 Total Positions Budgeted 15,287 Provided, that of the above appropriated amount relating to Capital Outlay, $60,000 is designated and committed for planning a Field House at Albany State College. Provided, that of the above appropriation relative to Capital Outlay, $190,000 is designated and committed for land acquisition at Columbus College. 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 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 $ 103,956 Total Funds Budgeted $ 334,956 State Funds Budgeted $ 324,000 Total Positions Budgeted 19 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 38 4. Engineering Experiment Station Budget: Personal Services $ 6,528,749 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 $ 8,522,949 State Funds Budgeted $ 2,204,000 Total Positions Budgeted 201 5. Engineering Extension Division Budget: Personal Services $ 659,000 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, and Computer Charges $ 315,500 Total Funds Budgeted $ 974,500 State Funds Budgeted $ 358,500 Total Positions Budgeted 60 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 $ 4,793,745 Total Funds Budgeted $ 14,635,721 State Funds Budgeted $ 9,044,000 Total Positions Budgeted 848 7. Cooperative Extension Service Budget: Personal Services $ 14,113,099 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, and Computer Charges $ 2,320,787 Total Funds Budgeted $ 16,433,886 State Funds Budgeted $ 8,243,041 Total Positions Budgeted 944 8. Talmadge Memorial Hospital Budget: Personal Services $ 15,453,304 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, and Computer Charges $ 4,922,262 Total Funds Budgeted $ 20,375,566 State Funds Budgeted $9,689,000 Total Positions Budgeted 1,864 Budget Unit Object Classes: Personal Services $ 266,849,771 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, and Computer Charges $ 77,168,450 Teachers' Retirement $ 16,950,500 Capital Outlay $ 4,362,404 Authority Lease Rentals $ 22,739,136 State of Georgia General Obligation Debt Sinking Fund $ 2,000,000 B. Budget Unit: Regents Central Office $ 6,217,500 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 $ 3,031,000 Total Funds Budgeted $ 6,219,900 State Funds Budgeted $ 6,217,500 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 SREB 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 $ 3,031,000

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Section 36. Department of Revenue. Budget Unit: Department of Revenue $ 22,909,987 1. Executive Administration Budget: Personal Services $ 869,455 Regular Operating Expenses $ 750,011 Travel $ 12,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 194,173 Equipment Purchases $ 1,000 Per Diem and Fees $ 20,800 Computer Charges $ 30,000 Total Funds Budgeted $ 1,877,439 State Funds Budgeted $ 1,877,439 Total Positions Budgeted 32 2. Internal Administration Budget: Personal Services $ 797,506 Regular Operating Expenses $ 56,295 Travel $ 1,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 2,736 Equipment Purchases $ 2,500 Per Diem and Fees $ 500 Computer Charges $ 62,859 Total Funds Budgeted $ 923,896 State Funds Budgeted $ 923,896 Total Positions Budgeted 70 3. Property Tax Budget: Personal Services $ 781,415 Regular Operating Expenses $ 19,885 Travel $ 44,682 Motor Vehicle Equipment Purchases $ 17,000 Publications and Printing $ 77,000 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 $ 3,458,582 State Funds Budgeted $ 3,257,582 Total Positions Budgeted 66 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 $ 734,772 Regular Operating Expenses $ 66,420 Travel $ 4,000 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 $ 1,113,467 State Funds Budgeted $ 1,113,467 Total Positions Budgeted 74 5. Motor Fuel Taxation Budget: Personal Services $ 338,205 Regular Operating Expenses $ 4,740 Travel $ 2,000 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 $ 468,866 State Funds Budgeted $ 468,866 Total Positions Budgeted 36 6. Income Taxation Budget: Personal Services $ 1,150,381 Regular Operating Expenses $ 140,624 Travel $ 3,507 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 $ 2,781,047 State Funds Budgeted $ 2,781,047 Total Positions Budgeted 113 7. Alcohol and Tobacco Taxation Budget: Personal Services $ 1,544,367 Regular Operating Expenses $ 206,868 Travel $ 47,032 Motor Vehicle Equipment Purchases $ 114,000 Publications and Printing $ 13,472 Equipment Purchases $ 7,500 Per Diem and Fees $ 15,200 Computer Charges $ 69,796 Total Funds Budgeted $ 2,018,235 State Funds Budgeted $ 2,018,235 Total Positions Budgeted 123 8. Motor Vehicle Registration Budget: Personal Services $ 1,776,332 Regular Operating Expenses $ 241,745 Travel $ 5,212 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 $ 3,803,039 State Funds Budgeted $ 3,803,039 Total Positions Budgeted 209 9. Central Audit Budget: Personal Services $ 1,082,272 Regular Operating Expenses $ 43,493 Travel $ 148,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 3,000 Equipment Purchases $ 16,000 Per Diem and Fees $ 500 Computer Charges $ 5,000 Total Funds Budgeted $ 1,298,765 State Funds Budgeted $ 1,298,765 Total Positions Budgeted 76 10. Field Audit Services Budget: Personal Services $ 2,829,210 Regular Operating Expenses $ 139,550 Travel $ 219,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 8,918 Equipment Purchases $ 24,573 Per Diem and Fees $ 2,000 Computer Charges $ 5,000 Total Funds Budgeted $ 3,228,251 State Funds Budgeted $ 3,228,251 Total Positions Budgeted 239 11. Motor Vehicle Tag Purchases Budget: Motor Vehicle Tag Purchases $ 1,860,000 Motor Vehicle Decal Purchases $ 279,400 Total Funds Budgeted $ 2,139,400 State Funds Budgeted $ 2,139,400 Total Positions Budgeted 0 Provided, that of the above appropriated amount relating to motor vehicle tag purchases, $1,860,000 is designated and committed for use in contracting with the Department of Offender Rehabilitation for the production of at least 3,100,000 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 $ 0 Total Funds Budgeted $ 0 State Funds Budgeted $ 0 Total Positions Budgeted 0 Provided, that of the above appropriation, no funds are 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 $ 11,903,915 Regular Operating Expenses $ 1,669,631 Travel $ 487,433 Motor Vehicle Equipment Purchases $ 145,502 Publications and Printing $ 771,054 Equipment Purchases $ 77,473 Per Diem and Fees $ 84,100 Computer Charges $ 4,647,479 Loans to Counties/Property Reevaluation $ 325,000 Grants to Counties/Appraisal Staff $ 860,000 Motor Vehicle Tag Purchases $ 1,860,000 Motor Vehicle Decal Purchases $ 279,400 Intangible Tax Equalization Fund $ 0

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Section 37. Secretary of State. Budget Unit: Secretary of State $ 5,870,706 1. Occupational Certification Budget: Personal Services $ 1,092,065 Regular Operating Expenses $ 372,167 Travel $ 137,536 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 53,500 Equipment Purchases $ 44,000 Per Diem and Fees $ 129,000 Computer Charges $ 0 Total Funds Budgeted $ 1,828,268 State Funds Budgeted $ 1,819,768 Total Positions Budgeted 114 2. Securities Regulation Budget: Personal Services $ 167,260 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 $ 204,260 State Funds Budgeted $ 204,260 Total Positions Budgeted 13 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 Funds 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 $ 1,003,286 Regular Operating Expenses $ 138,309 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 $ 2,005,995 State Funds Budgeted $ 2,005,995 Total Positions Budgeted 89 6. General Services Budget: Personal Services $ 365,545 Regular Operating Expenses $ 79,000 Travel $ 7,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 68,000 Equipment Purchases $ 7,000 Per Diem and Fees $ 4,000 Computer Charges $ 0 Total Funds Budgeted $ 530,545 State Funds Budgeted $ 510,545 Total Positions Budgeted 31 7. Internal Administration Budget: Personal Services $ 383,239 Regular Operating Expenses $ 123,700 Travel $ 4,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 100,000 Equipment Purchases $ 5,000 Per Diem and Fees $ 0 Computer Charges $ 0 Total Funds Budgeted $ 615,939 State Funds Budgeted $ 615,939 Total Positions Budgeted 28 8. Bicentennial Commission Budget: Personal Services $ 48,599 Regular Operating Expenses $ 18,806 Travel $ 4,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 5,200 Equipment Purchases $ 1,300 Per Diem and Fees $ 0 Computer Charges $ 0 Total Funds Budgeted $ 77,905 State Funds Budgeted $ 77,905 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 $ 3,490,002 Regular Operating Expenses $ 828,988 Travel $ 217,116 Motor Vehicle Equipment Purchases $ 3,500 Publications and Printing $ 322,200 Equipment Purchases $ 85,900 Per Diem and Fees $ 136,500 Computer Charges $ 0 Authority Lease Rentals $ 815,000 Provided, that of the above appropriation, $10,000 is designated and committed for a study of land lot lines in Cobb County. Provided, that of the above appropriation relating to the Secretary of State, $50,000 of the amount budgeted to the object class Regular Operating Expenses in the Corporations Regulation Budget is designated and committed for legal fees for dissolution of defunct corporations.

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Section 38. State Scholarship Commission. Budget Unit: State Scholarship Commission $ 8,399,082 1. Internal Administration Activity Budget: Personal Services $ 586,730 Regular Operating Expenses $ 130,680 Travel $ 24,440 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 15,400 Equipment Purchases $ 18,000 Per Diem and Fees $ 9,662 Computer Charges $ 248,838 Total Funds Budgeted $ 1,033,750 State Funds Budgeted $ 671,150 Total Positions Budgeted 50 2. Higher Education Assistance Corporation Budget: Payment of Interest $ 296,000 Total Funds Budgeted $ 296,000 State Funds Budgeted $ 121,000 Total Positions Budgeted 0 3. Higher Education Assistance Authority Budget: Direct Guaranteed Loans $ 1,995,000 Tuition Equalization Grants $ 5,046,932 State Student Incentive Scholarships $ 1,030,000 Total Funds Budgeted $ 8,071,932 State Funds Budgeted $ 7,596,932 Total Positions Budgeted 0 4. Law Enforcement Personnel Dependents Scholarship Program Budget: Law Enforcement Personnel Dependents Scholarships $ 10,000 Total Funds Budgeted $ 10,000 State Funds Budgeted $ 10,000 Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services $ 586,730 Regular Operating Expenses $ 130,680 Travel $ 24,440 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 15,400 Equipment Purchases $ 18,000 Per Diem and Fees $ 9,662 Computer Charges $ 248,838 Payment of Interest $ 296,000 Direct Guaranteed Loans $ 1,995,000 Tuition Equalization Grants $ 5,046,932 State Student Incentive Scholarships $ 1,030,000 Law Enforcement Personnel Dependents Scholarships $ 10,000 Provided, that of the above appropriation 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 appropriation 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. L. 1965, p. 210, as amended. Provided, that of the above appropriation relative to Law Enforcement Personnel Dependents Scholarships, $10,000 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 of the above appropriation, $5,046,932 is designated and committed to provide Tuition Equalization Grants to students attending private colleges as provided in Ga. L. 1971, p. 906. Provided, that of the above appropriation relative to State Student Incentive Scholarships, $1,030,000 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. 9 2-318), 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. L. 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, provided such post-secondary 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 under-graduate students, without regard to their field of study. Georgia Veteran Students otherwise eligible and qualifying to receive a State 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 $230,000 of the funds appropriated to State Student Incentive Scholarships. Until the State Student Incentive Scholarship Program is adequately funded to assist eligible students at all undergraduate levels of study, scholarships shall not be awarded to students for summer term study in institutions of higher education, nor for summer period study to students in other postsecondary educational institutions unless summer period study is part of the typical academic year of such institution.

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Section 39. Soil and Water Conservation Committee. Budget Unit: Soil and Water Conservation Committee $ 395,409 Soil and Water Conservation Committee Budget: Personal Services $ 138,165 Regular Operating Expenses $ 176,989 Travel $ 25,344 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 3,355 Equipment Purchases $ 1,400 Per Diem and Fees $ 60,156 Computer Charges $ 0 Total Funds Budgeted $ 405,409 State Funds Budgeted $ 395,409 Total Positions Budgeted 11 Budget Unit Object Classes: Personal Services $ 138,165 Regular Operating Expenses $ 176,989 Travel $ 25,344 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 3,355 Equipment Purchases $ 1,400 Per Diem and Fees $ 60,156 Computer Charges $ 0 Section 40. Teachers' Retirement System. Budget Unit: Teachers' Retirement System $ 245,065 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 Floor Fund for Local Retirement Systems $ 245,065 Total Funds Budgeted $ 1,078,477 State Funds Budgeted $ 245,065 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 Floor Fund for Local Retirement Systems $ 245,065 Provided, that of the above appropriation relating to Floor Fund for Local Retirement Systems, $ 245,065 shall be used to implement a nine dollar per month per year of service retirement floor effective April 1, 1975.

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Section 41. Department of Transportation. Budget Unit: Department of Transportation $ 252,992,454 1. Planning and Construction Budget: Personal Services $ 49,812,980 Regular Operating Expenses $ 6,297,915 Travel $ 2,680,040 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 26,275 Equipment Purchases $ 92,450 Per Diem and Fees $ 0 Computer Charges $ 0 Capital Outlay $ 197,647,500 Total Funds Budgeted $ 256,557,160 State Funds Budgeted $ 117,777,075 Total Positions Budgeted 3,959 2. Maintenance and Betterments Budget: Personal Services $ 29,752,716 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 $ 18,929,394 Total Funds Budgeted $ 65,165,601 State Funds Budgeted $ 65,165,601 Total Positions Budgeted 4,112 3. Authorities Budget: Authority Lease Rentals $ 27,377,802 State of Georgia General Obligation Debt Sinking Fund $ 5,096,879 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 $ 1,128,625 Capital Outlay $ 1,596,600 Total Funds Budgeted $ 5,524,320 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 $ 114,886 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 $ 2,216,068 State Funds Budgeted $ 2,216,068 Total Positions Budgeted 10 7. Administration Budget: Personal Services $ 5,153,232 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 $ 1,261,886 Total Funds Budgeted $ 9,049,562 State Funds Budgeted $ 9,049,562 Total Positions Budgeted 369 Appropriation of 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 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. 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 even 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. 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 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 hereby 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. 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. Appropriations for the foregoing activities include an appropriation that shall be utilized for the specific purpose and amounts as shown below: Maintenance and Betterments Resurfacing Program $ 11,091,345.88 This appropriation shall be accounted for separately from all other appropriations to the Department of Transportation, and shall be in addition to appropriations of an amount equivalent to motor fuel tax revenue required under Article VII, Section IX, Paragraph IV of the State Constitution. 8. Assistance 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. L. 1965, p. 458), as amended. 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 $ 290,345 Regular Operating Expenses $ 292,220 Travel $ 10,800 Motor Vehicle Equipment Purchases $ 32,500 Publications and Printing $ 300 Equipment Purchases $ 17,400 Per Diem and Fees $ 1,000 Computer Charges $ 0 Capital Outlay $ 45,000 Total Funds Budgeted $ 689,565 State Funds Budgeted $ 539,565 Total Positions Budgeted 18 10. Inter-Modal Transfer Facilities Budget: Personal Services $ 253,509 Regular 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 Charges $ 0 Capital Outlay $ 878,000 Total Funds Budgeted $ 1,705,889 State Funds Budgeted $ 1,705,889 Total Positions Budgeted 19 11. Harbor Maintenance Budget: Harbor Maintenance Payments $ 430,000 Total Funds Budgeted $ 430,000 State Funds Budgeted $ 430,000 Budget Unit Object Classes: Personal Services $ 85,377,668 Regular Operating Expenses $ 27,267,061 Travel $ 3,402,541 Motor Vehicle Equipment Purchases $ 2,831,595 Publications and Printing $ 417,645 Equipment Purchases $ 1,245,075 Per Diem and Fees $ 8,200 Computer Charges $ 1,261,886 Capital Outlay $ 219,096,494 Grants to Municipalities $ 9,317,000 Harbor Maintenance Payments $ 430,000 Grants to Counties $ 9,317,013 Authority Lease Rentals $ 27,377,802 State of Georgia General Obligation Debt Sinking Fund $ 5,096,879 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 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, that the entire amount of the above allocation for harbor maintenance payments is designated and committed for payment for harbor maintenance at Savannah.

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Section 42. 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 $ 109,323 Travel $ 62,357 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 20,659 Equipment Purchases $ 12,931 Per Diem and Fees $ 7,450 Computer Charges $ 350 Grants to Confederate Widows $ 25,118 Total Funds Budgeted $ 2,065,666 State Funds Budgeted $ 1,836,907 Total Positions Budgeted 172 2. Veterans Home and Nursing FacilityMilledgeville Budget: Personal Services $ 71,052 Regular Operating Expenses $ 28,000 Travel $ 250 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 0 Equipment Purchases $ 22,000 Per Diem and Fees $ 500 Computer Charges $ 0 Operating Expenses/Payments to Central State Hospital $ 3,771,175 Capital Outlay $ 3,250,000 Total Funds Budgeted $ 7,142,977 State Funds Budgeted $ 3,613,171 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 $ 1,898,530 Regular Operating Expenses $ 137,323 Travel $ 62,607 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 20,659 Equipment Purchases $ 34,931 Per Diem and Fees $ 7,950 Computer Charges $ 350 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

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Section 43. Workmen's Compensation Board. Budget Unit: Workmen's Compensation Board $ 1,543,062 Departmental Operations Budget: Personal Services $ 1,238,862 Regular Operating Expenses $ 215,800 Travel $ 26,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 15,000 Equipment Purchases $ 22,500 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 90 Budget Unit Object Classes: Personal Services $ 1,238,862 Regular Operating Expenses $ 215,800 Travel $ 26,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 15,000 Equipment Purchases $ 22,500 Per Diem and Fees $ 5,000 Computer Charges $ 19,400

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Section 44. 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 as authorized by Act of Georgia General Assembly of 1947 (Ga. L. 1947, p. 1115), by virtue of the said wholesale distributor being engaged in retailing motor fuel. Section 45. 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 provisions, 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 from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such efficiency in full and the lease payment constitutes a first charge on all such appropriations.

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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 46. 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 any such allocation until such shall be submitted and approved in the same manner and under the same conditions provided hereinbefore for transfers. Section 47. Wherever in this Act the term Budget Unit Object Classes is used, it shall mean that the object classification

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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 48. 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 49. 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 $ 1,702,971,922.75. Section 50. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 51. All laws and parts of laws in conflict with this Act are hereby repealed. 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, 1975, except as vetoed.

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TEACHERS' RETIREMENT SYSTEM ACT AMENDEDCREDITABLE SERVICE PROVISIONS CHANGED. No. 123 (Senate Bill No. 102). 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 March 28, 1974 (Ga. L. 1974, p. 1141), so as to change the provisions relative to creditable service necessary for eligibility for retirement; to change the time for filing retirement applications; to change the provisions relative to reduction of benefits; to change the rate of employer contributions under this Act; to provide for additional power and authority of the Board of Trustees; to change the provisions relative to retirement benefits; to provide for other 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. An Act establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, particularly by an Act approved March 28, 1974 (Ga. L. 1974, p. 1141), is hereby amended by striking paragraph (a) of subsection (1) of section 5 in its entirety and substituting 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 31 years or more of creditable service if such person retires prior to July 1, 1975 or shall have 30 years or more of creditable service if such person retires on July 1, 1975 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

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employment. Applications for retirement will not be accepted more than 180 days in advance of the effective date of retirement. Section 2. Said Act is further amended by striking the first two paragraphs of paragraph (b) of subsection (2) of section 5, which read as follows: An annual pension which, together with the annuity provided above, shall provide a total allowance equal to 1[UNK]% of his average compensation over the 5 consecutive years of creditable service producing the highest such average, multiplied by the number of his years of creditable service, not to exceed 40. Provided, however, that in the event any member of the system elects to cease making contributions to the Teachers' Retirement System upon completing forty (40) or more years of creditable service, the annual pension provided in this subsection shall provide a total allowance equal to 1[UNK]% of his average compensation over the five (5) consecutive years of creditable service during which such member was making contributions to the system producing the highest such average, multiplied by the number of his years of creditable service, not to exceed 40. in their entirety and substituting in lieu thereof one paragraph to read as follows: An annual pension which, together with the annuity provided above, shall provide a total allowance equal to more than 1[UNK]%, but not greater than 2%, the actual percent to be set by the Board of Trustees in direct relation to the amount of increased appropriations provided by the General Assembly to fund the provisions of this paragraph, of his average compensation over 5 consecutive years of creditable service producing the highest such average, multiplied by the number of his years of creditable service, not to exceed 40. In the event any member of the system elects to cease making contributions to the Teachers' Retirement System upon completing 40 or more years of creditable service, the annual pension provided in this subsection shall provide a

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total allowance equal to more than 1[UNK]%, but not greater than 2%, as set by the Board of Trustees pursuant to the terms of this paragraph, of his average compensation over the 5 consecutive years of creditable service during which such member was making contributions to the system producing the highest such average, multiplied by the number of years of creditable service, not to exceed 40. Section 3. 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 between July 1, 1974, and July 1, 1975, or less than 30 years of creditable service if such member retires on or after July 1, 1975, 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 11.50% of teachers' salaries. Section 4. This Act shall not become effective until there shall be specifically appropriated by the General Assembly, the necessary funds to provide for the increased benefits herein provided for. Effective date. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1975.

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EDUCATIONGROUNDS FOR TERMINATION OF CONTRACTS OF TEACHERS DEFINED, ETC. No. 124 (Senate Bill No. 249). An Act to define the grounds for termination of the contracts of teachers, principals and other employees having a contract for a definite term; to prescribe the procedures thereof; to provide for counsel; to define the requirements for subpoenas, hearings, findings, oaths of witnesses, evidence, burden of proof, decisions and appeals; to authorize superintendents to temporarily relieve teachers and such employees from duty pending hearing in certain instances; to define the powers of local boards of education in hearings involving due process and related matters; to provide for reprimands; to provide for notice to teachers by a specified date where the board proposes not to renew their contracts; to define procedures applicable where the board proposes to demote or not to renew the contract of a teacher or other certificated personnel who has completed three years of service with the board of education; to provide for other matters relative to the foregoing; to provide an effective date and severability clause; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. (a) Grounds for Termination, Suspension, or Demotion. The contract of employment of a teacher, principal or other employee having a contract for a definite term may be terminated or suspended for the following reasons: (1) Incompetency; (2) Insubordination; (3) Willful neglect of duties; (4) Immorality; (5) Inciting, encouraging or counseling students to violate any valid State law, municipal ordinance, or policy or rule of the local board of education; and

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(6) For reduction in staff due to loss of students or cancellation of programs; (7) For failure to secure and maintain necessary educational training; and (8) For any other good and sufficient cause. (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, suspension, or demotion in sufficient detail to enable him fairly to show any error that may exist therein; (2) The names of the known witnesses and a concise summary of the evidence to be used against him; the names of new witnesses shall be given as soon as practicable; (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) Service. All notices required by this Act may be served either personally or by Certified Mail. Service shall be deemed to be perfected when said notice is deposited in the United States Mail addressed to the last known address of the addressee with sufficient postage affixed thereto. (d) 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

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of witnesses and the production of documents and other evidence. Such subpoenas and compulsory process shall be issued in the name of the board of education, and shall be signed by the president or vice-president of the 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 and other like processes, approved March 15, 1966 (Ga. L. 1966, p. 502), as now or hereafter amended. (e) Hearing. The hearing shall be conducted before the local board of education or said 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 board for its decision thereon, or said board may refer said matter for hearing to a tribunal constituted by the Professional Practices Commission, created pursuant to that Act of the General Assembly approved April 19, 1967 (Ga. L. 1967, p. 844), as now or hereafter amended. The hearing shall be reported at the board's expense. If the matter is heard by a tribunal, the transcript shall be prepared at the expense of the board and an original and two copies shall be filed in the office of the superintendent. If the hearing is before the board, 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 the State Board as required by its rules. Oath or affirmation shall be administered to all witnesses by the president, any member of the board, or by the board attorney. Such oath shall be as follows: You do solemnly swear (or affirm) that the evidence shall be the truth, the whole truth, and nothing but the truth. So help you God.

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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 board 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 board 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. (f) Decision; Appeals. The board 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 board within five days of the conclusion of the hearing, and the board 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. (g) Superintendent's Power to Temporarily Relieve From Duty. The superintendent of a local school system may temporarily relieve from duty any teacher or other school employee as referred to above for any reason specified in subsection (a) of this Section, pending hearing by the board, in those cases where the charges are of such seriousness or other circumstances exist which indicate that such teacher or employee could not be permitted to continue to perform his duties pending hearing without danger of disruption or other serious harm to the school, its mission, pupils or personnel. In any such case, the superintendent shall notify the teacher or employee in writing of such action, which notice shall state the grounds thereof and shall otherwise comply with the requirements of the notice set forth in subsection (b) of this section. Such action by the superintendent shall not extend for a period in excess of ten working days, and during said period it shall be the duty of the board of education to conduct a hearing on said charges

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in the same manner provided for in subsections (e) through (f) of this Section, except that notice of the time and place of hearing shall be given at least three days prior to the hearing. During the period that the teacher or other employee is relieved from duty prior to the decision of the board, the teacher or employee shall be paid all sums to which he is otherwise entitled. If the hearing is delayed after the ten-day period as set out herein, at the request of the teacher or employee, then said teacher or employee shall not be paid beyond said ten-day period unless he is reinstated by the board, in which case he shall receive all compensation to which he is otherwise entitled. Section 2. Nonrenewal. When a local school superintendent or local board of education proposes not to renew the contract of any teacher or other professional employee certificated by the State Board of Education 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 certificated professional employee by not later than April 15 prior to the ensuing school year. When such notice is not given, the employment of such teacher, or employee shall be continued for the ensuing school year, unless such teacher or employee has been removed in the manner previously provided herein, or unless the teacher or certificated professional employee elects not to accept such employment by notifying the board or superintendent in writing not later than May 1, thereafter. Section 3. Nonrenewal or Demotion After Three Years' Service. After a teacher or other professional school employee certificated by the State Board of Education who is employed under a contract for a definite term has been employed for three or more successive school years by the same local board of education, then the nonrenewal of the contract of such teacher or other person or his demotion for the fourth or subsequent years shall be as provided by this section. When the local school superintendent or board of education has tentatively decided not to renew the contract

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in the third successive year of any such teacher or professional certificated employee, or any subsequent year thereafter, or to demote such a teacher or other professional certificated employee, written notification of such tentative decision shall be given to such teacher or employee not later than April 15 prior to the ensuing school year, and any such teacher or professional certificated 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 certificated professional employee a written statement of the reasons on which the nonrenewal of the contract was based, or the reasons for the demotion, in accordance with the provisions relating to notice as set out herein in subsection (b) of section 1 of this Act. Upon receiving such request for a hearing from any such teacher or employee, said hearing shall be in accordance with the provisions of subsections (b) through (f), inclusive, of section 1 of this Act. For purposes of this section, a teacher or other employee as hereinbefore referred to shall be deemed to have been employed for three successive school years where the teacher or employee had already completed two years with the system and while serving under his third successive contract has his contract of employment renewed by the board of education for the fourth consecutive year. Only service rendered as an employee of the same local board of education may be counted as service for the purpose of this section. Section 4. Powers of Board. In exercising its powers in the enforcement of due process under this Act, a local board of education shall be authorized: (a) Under section 1 of this Act, to: (1) Terminate the contract of the teacher or other school employee; or (2) Suspend a teacher or other school employee without pay for a period of time not to exceed sixty days. In such event, said teacher or employee shall provide no services for the school system and shall receive no compensation but shall be considered an employee on suspended status; or

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(3) Reinstate a teacher or other school employee in the event said teacher or school employee has been temporarily relieved from duty in accordance with the provisions of this Act. (b) Under section 3 of this Act, to: (1) Nonrenew a teacher's or other school employee's contract; or (2) Renew a teacher's or other school employee's contract; or (3) Demote a teacher or other school employee from one position in the school system to another position in the school system having less responsibility, prestige and salary; provided, however, nothing in this Act shall be construed as depriving local school boards and other school officials from assigning and reassigning teachers and other certificated professional employees from one school to another or from assigning and reassigning teachers to teach different classes or subjects. Section 5. Letters of Reprimand. A superintendent may write a letter of reprimand to a teacher or other school employee for any valid reason. A copy of said letter of reprimand is to remain in the teacher's or employee's permanent personnel file and said teacher or employee receiving such a letter of reprimand shall have the right to appeal the decision of the superintendent to the local board, said hearing to be conducted according to the provisions of this Act. The board shall have the right to either affirm the decision of the superintendent or to reverse it. If the decision of the board is to reverse it, said letter of reprimand shall be removed from said teacher's or employee's permanent personnel file. Section 6. Implementing Rules. The State Board of Education and local boards of education may adopt rules and regulations to implement this Act not inconsistent herewith. Section 7. Construction. Nothing in this Act shall be construed as authorizing a local board of education to enter

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into contracts with any employees for definite terms where such contracts are not already authorized by existing law or by laws to be enacted hereafter, separately from this Act. Section 8. Applicability. The provisions of this Act shall apply to county boards of education, boards of education of independent school systems, boards of education of public school systems established prior to the adoption of the Constitution of 1877 and boards of education of area school systems. Section 9. 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 10. Specific Law Repealed. An Act amending the Minimum Foundation Program of Education Act by providing procedures and requirements relative to the termination or suspension of teachers, principals and other employees having a contract for a definite term, and for other purposes, approved March 28, 1974 (Ga. L. 1974, p. 1104), is hereby amended by striking section 1 thereof in its entirety, which section defines the grounds for termination and procedures and other rights related thereto. Section 11. Effective Date. This Act shall become effective immediately upon its signing by the Governor or immediately upon its becoming law without his signature. Section 12. Repealer. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 31, 1975.

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HOLIDAYSTIME FOR OBSERVING CHANGED. No. 126 (Senate Bill No. 178). An Act to amend an Act designating public and legal holidays in the State of Georgia, approved February 16, 1943 (Ga. L. 1943, p. 331), as amended, so as to change the time for observing certain holidays; to 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 designating public and legal holidays in the State of Georgia, approved February 16, 1943 (Ga. L. 1943, p. 331), as amended, is hereby amended by striking section 1 in its entirety and inserting in lieu thereof a new section 1, to read as follows: Section 1. (a) The following days are declared to be public and legal holidays in Georgia: The 1st day of January, known as New Year's Day; the 19th day of January, known as Lee's Birthday; the 22nd day of February, known as Washington's Birthday; the 26th day of April, known as Confederate Memorial Day; the 30th day of May, known as National Memorial Day; the 3rd day of June, known as Jefferson Davis's Birthday; the 4th day of July, known as Independence Day; the 1st Monday in September, known as Labor Day; the 12th day of October, known as Columbus Day; the 11th day of November, known as Veterans' Day; the 4th Thursday in November, known as Thanksgiving Day; and the 25th day of December, known as Christmas Day, and any day proclaimed or designated by the Governor of the State of Georgia or the President of the United States as a day of fasting and prayer or other religious observance are hereby declared public and legal holidays in the State of Georgia. Whenever a public or legal holiday occurs on a Saturday, the preceding Friday shall be observed as a public and legal holiday and whenever a public or legal holiday occurs on a Sunday, the following Monday shall be observed as a public and legal holiday.

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(b) Beginning with the calendar year, 1971, George Washington's Birthday shall be observed on the 3rd Monday in February; National Memorial Day shall be observed on the last Monday in May; and Columbus Day shall be observed on the 2nd Monday in October. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1975. EDUCATIONPUPIL TRANSPORTATION EXPENSE PROVISIONS CHANGED, ETC. No. 127 (Senate Bill No. 57). An Act to amend an Act known as the Adequate Program for Education in Georgia Act, approved March 26, 1974 (Ga. L. 1974, p. 1045), so as to change the provisions relative to funds to pay the expenses of pupil transportation; to provide that funds shall be paid to independent school systems only when the local boards of such systems request such funds; to provide that independent school systems shall not be required to furnish pupil transportation services; to provide the procedures connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Adequate Program for Education in Georgia Act, approved March 26, 1974 (Ga. L. 1974, p. 1045), is hereby amended by adding a new subsection at the end of section 25 to be designated subsection (i) and to read as follows: (i) Notwithstanding the foregoing provisions of this section, funds to pay the expenses of pupil transportation

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shall be paid to an independent school system only when such funds are requested by the board of education of such independent school system. The funds for the expenses of pupil transportation shall be requested by the board of education of the independent school system in its budget prepared pursuant to section 66 of this Act, and if not budgeted therein, no expenses for pupil transportation shall be payable to the independent school system for the fiscal year covered by such budget. No provision of this section or any other provision of this Act shall be construed to require the board of education of any independent school system to furnish pupil transportation services within such school system. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 10, 1975. INTERESTLEGAL CONTRACT RATE CHANGEDTRANSFER FEE PROVIDED ON DEEDS TO SECURE DEBT. Code 57-101 Amended. Code 67-1301.1 Enacted. No. 128 (Senate Bill No. 125). An Act to amend Code section 57-101, relating to the legal rate of interest, so as to change the legal rate of interest allowable by contract; to amend Code Chapter 67-13, relating to conveyances to secure debt, as amended, so as to provide certain requirements relative to transfer fees for the transfer of real property involved in deeds to secure debt; to provide for other matters relative thereto; 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 57-101, relating to the legal rate of interest, is hereby amended by striking said Code section

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in its entirety and inserting in lieu thereof a new Code section 57-101, to read as follows: 57-101. Legal rate of interest; rate higher than nine per centum forbidden. The legal rate of interest shall be seven per centum per annum, where the rate per centum is not named in the contract, and any higher rate must be specified in writing, but in no event shall any person, company, or corporation reserve, charge, or take for any loan or advance of money, or forbearance to enforce the collection of any sum of money, any rate of interest greater than nine per centum per annum, either directly or indirectly by way of commission for advances, discount, exchange, or by any contract or contrivance or device whatever. Section 2. Code Chapter 67-13, relating to conveyances to secure debt, as amended, is hereby amended by adding a new Code section between Code section 67-1301 and Code section 67-1302 to be designated Code section 67-1301.1 and to read as follows: 67-1301.1 Requirements relative to transfer fees for the transfer of real property involved in deeds to secure debt. When the grantor of a deed to secure debt transfers the real property securing the debt to a third party, and the grantor is relieved from liability on the obligation of the deed to secure debt, a transfer fee not to exceed 1% of the outstanding loan balance on the deed to secure debt may be charged such grantor, but in any such transfer when the grantor is not relieved from liability on the obligation of the deed to secure debt, such transfer fee may not exceed $75.00 or of 1% of the outstanding loan balance, whichever amount is greater. 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

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Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 10, 1975. PUBLIC SERVICE COMMISSIONOFFICE OF CONSUMERS' UTILITY COUNSEL CREATED. Chapter 93-3A Enacted. No. 129 (Senate Bill No. 138). An Act to amend Code Title 93, relating to the Georgia Public Service Commission, so as to create the Office of Consumers' Utility Counsel; to provide for the appointment, compensation, expenses, qualifications, term, duties and powers of the Consumers' Utility Counsel; to authorize the Consumers' Utility Counsel to represent consumers and the public of this State in proceedings before the Georgia Public Service Commission; to authorize the Consumers' Utility Counsel to appear on behalf of consumers and the public of this State in administrative proceedings before federal and local utility regulatory agencies; to provide that the Consumers' Utility Counsel may initiate or appear in certain judicial proceedings; to provide that notice shall be given to the Consumers' Utility Counsel of certain hearings and actions before the Georgia Public Service Commission; to authorize the Consumers' Utility Counsel to employ accountants, engineers, attorneys, stenographers, and certain other assistants; to provide that records and files of the Public Service Commission shall be available to the Consumers' Utility Counsel and his staff; to provide for other 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. Code Title 93, relating to the Public Service Commission, as amended, is hereby amended by adding between Chapters 93-3 and 93-4, a new Code Chapter, to be designated Code Chapter 93-3-A, to read as follows: CHAPTER 93-3A CONSUMERS' UTILITY COUNSEL 93-301A. (a) There is hereby created the Office of Consumers' Utility Counsel, which shall be a separate budget unit for purposes of appropriation of State funds. The Office of Consumers' Utility Counsel shall be assigned to the Georgia Public Service Commission for administrative purposes only, as that term is defined in Section 3 of the Executive Reorganization Act of 1972. The Director of the Office of Consumers' Utility Counsel shall be known as the Consumers' Utility Counsel, who shall be appointed by and serve at the pleasure of the Attorney General. The compensation of the Consumers' Utility Counsel shall be fixed by the Attorney General. The Consumers' Utility Counsel shall be a practicing attorney qualified by knowledge and experience to practice in public utility proceedings. In addition to the compensation provided in this Section, the Consumers' Utility Counsel shall also receive reimbursement for his reasonable and necessary expenses incurred in the performance of his duties, as provided by law. (b) During his term of office, and for a period of five years thereafter, the Consumers' Utility Counsel shall not directly or indirectly provide legal services, or be employed in any other capacity by a public utility, its parent or subsidiary corporations, but may otherwise engage in the private practice of law. 93-302A. (a) The Consumer's Utility Counsel (hereinafter Public Counsel) shall be entitled to appear, as a party or

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otherwise, on behalf of the consumers of this State of services provided by any person, firm or corporation (hereinafter Utility) subject to the jurisdiction of the Georgia Public Service Commission, and on behalf of the public of this State, in all proceedings before the Georgia Public Service Commission which may involve or affect rates for service or services of utilities and in all other proceedings before the Georgia Public Service Commission under its regulatory jurisdiction over utilities. (b) The Public Counsel may also appear in the same representative capacity in similar administrative proceedings affecting the consumers of this State before any federal or local administrative agency or body which has regulatory jurisdiction over rates, services, and similar matters with respect to services provided by any person, firm, or corporation under a franchise, certificate of public convenience and necessity, or similar instrument issued by such agency or body. (c) The Public Counsel shall be authorized in the same representative capacity to initiate proceedings, by complaint or otherwise, before any administrative agency, before whom he is otherwise authorized to appear, with respect to matters properly within the cognizance of those agencies. (d) The Public Counsel shall be authorized in the same representative capacity to initiate, or intervene as of right or otherwise appear in, any judicial proceedings involving or arising out of any action taken by an administrative agency in a proceeding in which the Public Counsel was authorized to appear under subsections (a), (b) or (c) of this section. 93-303A. (a) In addition to other requirements of service and notice now imposed by law, a copy of any application, complaint, or notice to or issued by the Georgia Public Service Commission shall also be served on the Consumers' Utility Counsel. The Commission shall not proceed to hear or determine any such petition, complaint, or proceeding in which the Public Counsel is entitled to appear unless it shall affirmatively appear that the Public Counsel was given at

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least ten days' written notice thereof, unless such notice is affirmatively waived in writing or the Public Counsel appears and specifically waives such notice. 93-304A. The Consumers' Utility Counsel is hereby authorized, with the approval of the Attorney General, to employ and fix the compensation of, such accountants, engineers, attorneys, stenographers, or other technical or clerical assistance as may be necessary to carry out the duties of his office. The compensation of the Public Counsel and such staff shall be paid from State funds appropriated or otherwise made available for such purposes. 93-305A. Services of all engineers, experts, accountants and other technical assistants employed by the Georgia Public Service Commission shall be available to the Consumers' Utility Counsel in the performance of his duties, and such engineers, experts, accountants and technical assistants shall make such appraisals and audits as the Public Counsel, with the approval of the Georgia Public Service Commission, may request. The Public Counsel and his staff shall have access to all records, files, reports, documents, and other information in the possession or custody of the Public Service Commission to the same extent as the members of the Commission and its staff have access thereto and subject to the same limitations imposed on the use thereof. 93-306A. The provisions of this Chapter shall not be construed to prevent any party interested in any proceeding, suit or action before the Georgia Public Service Commission, any court or any administrative body, from appearing in person or by counsel in such proceeding, suit or action. 93-307A. Violation of section 93-301A (b) shall constitute a felony punishable by imprisonment for a term of not less than 1 nor more than 5 years and or by a fine of not more than $5,000. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 10, 1975.

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FAIR BUSINESS PRACTICES ACT OF 1975. No. 130 (Senate Bill No. 285). An Act to declare unfair or deceptive acts or practices in the conduct of any trade or commerce to be unlawful; to provide for a short title; to state the purpose and intent of this Act; to define certain terms; to provide for the interpretation of this Act by authorizing the Administrator to adopt and promulgate substantive rules; to name the Administrator; to provide for the creation of a Consumer Advisory Board; to provide for exemptions; to authorize the Administrator to bring an action in the name of the State to restrain prohibited acts; to provide for the powers of receivers; to authorize the Administrator and certain persons injured by acts in violation hereof to sue for damages, and to provide for damages; to authorize the Administrator to accept assurances of voluntary compliances; to limit damages for injury caused by bonafide error; to authorize the Administrator to conduct investigations; to authorize the Administrator to issue subpoenas, conduct hearings, and issue and promulgate rules and regulations; to provide for penalties, injunctions and other relief for failure to comply with investigative demands of the Administrator and for punishment by contempt for any disobedience of any final order entered by any court; to provide for civil penalties; to impose certain additional duties on the solicitors of the State and Civil Courts and the district attorneys of the Superior Courts of this State; 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, Intent, and Interpretation. (a) This Act shall be known and may be cited as the Fair Business Practices Act of 1975. (b) The purpose of this Act shall be to protect consumers and legitimate business enterprises from unfair or deceptive practices in the conduct of any trade or commerce in part

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or wholly in the State. It is the intent of the General Assembly that such practices be swiftly stopped and this Act shall be liberally construed and applied to promote its underlying purposes and policies. (c) It is the intent of the General Assembly that this Act be interpreted and construed consistently with interpretations given by the Federal Trade Commission in the federal courts pursuant to section 5(a) (1) of the Federal Trade Commission Act (15 USC 45(a)(1)), as from time to time amended. Section 2. Definitions. As used in this Act: (a) Documentary Material means the original or a copy whether printed, filmed or otherwise preserved or reproduced, by whatever process, including electronic data storage and retrieval systems, of any book, record, report memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription, or other tangible document or record wherever situate. (b) Examination of documentary material shall include inspection, study, or copying of any such material, and the taking of testimony under oath or acknowledgement in respect of any such documentary material. (c) Trade and Commerce mean the advertising, distribution, sale, lease or offering for distribution, sale or lease, of any goods, services or any property, tangible or intangible, real, personal or mixed, or any other article, commodity, or thing of value wherever situate, and shall include any trade or commerce directly or indirectly affecting the people of the State. (d) Person means a natural person, corporation, trust, partnership, incorporated or unincorporated association, or any other legal entity. (e) An intentional violation occurs when the person committing the act or practice knew that his conduct was in violation of this Act. Maintenance of an act or practice

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specifically designated as unlawful in section 3(b) (1) through 3(b) (11) hereof, after the Administrator gives notice that such act or practice is in violation of the Act, shall be prima facie evidence of intentional violation. For the purposes of this paragraph, the Administrator gives notice that an act or practice is in violation of this Act by the adoption of specific rules promulgated pursuant to section 4(a) hereof, and by notice in writing to the alleged violator of a violation, if such written notice may be reasonably given without substantially or materially altering the purposes of this Act; provided, however, that no presumption of intention shall arise in the case of an alleged violator who maintains a place of business within the jurisdiction of this State with sufficient assets to respond to a judgment under this Act, unless such alleged violator has received written notice. The burden of showing no reasonable opportunity to give written notice shall be upon the Administrator. (f) Administrator shall mean the Administrator as defined in section 5(a) or his delegate. (g) Consumer transactions are the sale, lease, or rental of goods, services, or property, real or personal, primarily for personal, family, or household purposes. (h) Consumer acts or practices includes acts or practices intended to encourage consumer transactions. Section 3. Unlawful Acts and Practices. (a) Unfair or deceptive acts or practices in the conduct of consumer transactions and consumer acts or practices in trade or commerce are hereby declared unlawful. (b) By way of illustration only and without limiting the scope of subsection (a), the following practices are hereby declared unlawful: (1) Passing off goods or services as those of another; (2) Causing actual confusion or actual misunderstanding as to the source, sponsorship, approval, or certification of goods or services;

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(3) Causing actual confusion or actual misunderstanding as to affiliation, connection, or association with, or certification by, another; (4) Using deceptive representations or designations of geographic origin in connection with goods or services; (5) Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities that they do not have, or that a person has a sponsorship, approval, status, affiliation, or connection that he does not have; (6) Representing that goods are original or new if they are deteriorated, reconditioned, reclaimed, used, or secondhand; (7) Representing that goods or services are of a particular standard, quality, or grade, or that goods are of a particular style or model, if they are of another; (8) Disparaging goods, services or business of another by false or misleading representation; (9) Advertising goods or services with intent not to sell them as advertised; (10) Advertising goods or services with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity; (11) Making false or misleading statements concerning the reasons for, existence of, or amounts of price reductions. (c) A seller may not by contract, agreement or otherwise limit the operation of this Act notwithstanding any other provision of law. Section 4. Purpose, Intent, Interpretation. (a) The Administrator is hereby authorized to adopt as substantive rules that prohibit specific acts or practices in violation of section 3, those rules and regulations of the Federal Trade

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Commission interpreting section 5(a) (1) of the Federal Trade Commission Act (15 U.S.C. 45(a) (1)), as from time to time amended. (b) Such rules shall be promulgated only when it is determined by the Administrator, in the reasonable exercise of his discretion, on the basis of his expertise and facts, submissions, evidence, and all information before him that such rules are needed to prohibit or control acts or practices which create the probability of actual and substantial injury to consumers. No rule shall be promulgated where it is reasonably certain that the burden of complying with said rules will outweigh the public interest in prohibiting or controlling the practice which would be so prohibited or controlled. No such rule so promulgated shall be arbitrary or capricious nor shall its promulgation be characterized by an abuse of discretion or an unwarranted exercise of discretion. (c) The Georgia Administrative Procedure Act shall apply to the promulgation of rules and regulations by the Administrator pursuant to subsection (a) of this section and in taking testimony pursuant to section 13 and 14 of this Act. (d) The Board shall be authorized to ratify or veto rules promulgated by the Administrator at its next regular meeting after the rules are promulgated by the Administrator under the provisions of the Georgia Administrative Procedure Act. Section 5. Administrator, Consumer Advisory Board. (a) The Administrator shall be appointed by the Governor and shall serve at his pleasure. The office of the Administrator shall be attached to the office of the Governor for administrative purposes only. All of the functions performed by the Consumer Services Unit of the Division of Special Programs of the Department of Human Resources are hereby transferred to the Administrator. (b) (1) A Consumer Advisory Board is hereby created whose duty it shall be to advise and make recommendations to the Administrator. The Board shall consist of fifteen

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(15) members with the Administrator and the Attorney General or his designee to serve as ex officio members. The members of this Board shall be appointed by the Governor. One member shall be appointed from each Congressional District and the remaining members shall be appointed from the State at Large. At least four (4) members shall be attorneys representing consumers' interests and two of these consumers' attorneys shall represent Georgia Indigent Legal Services or any other Legal Aid Society. At least four (4) members shall be representatives of the business community, two of which are recommended by the Georgia Retail Association and two recommended for appointment by the Georgia Chamber of Commerce. (2) The initial terms of those other than ex officio members shall be as follows: four members shall be appointed for a term of two years; four members shall be appointed for terms of three years; seven members shall be appointed for terms of four years. Thereafter, each member of the Board shall serve for terms of four years. In the event of a vacancy during the term of any member, whether by reason of death, resignation or otherwise, the appointment of a successor by the Governor shall be only for the remainder of the unexpired term of such member. (3) The Board shall elect its Chairman and shall meet not less than once every four calendar months at a time and place specified in writing by the Administrator. The Board may also meet from time to time upon its own motion as deemed necessary by a majority of the members thereof for the purpose of conducting routine or special business. Each member of the Board shall serve without pay but shall receive standard State per diem for expenses and receive standard travel allowance while attending meetings and while in the discharge of his responsibilities. (4) The Board shall assist the Administrator in an advisory capacity in carrying out the duties and functions of the office concerning: (A) Policy matters relating to consumer interests;

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(B) The effectiveness of the State consumer programs and operations. The Board shall make recommendations concerning: (A) The improvement of such programs and operations; (B) The elimination of duplication of effort; (C) The coordination of such programs and operations with other local and private programs related to consumer interests; (D) Legislation needed in the area of consumer protection; (E) Avoidance of unnecessary burdens on business, if any, resulting from the administration of this Act. (5) The Board shall make a written report to the Governor not less frequently than at the end of each calendar year on its activities and the administration of this Act, with such recommendations for changes, if any, as the Board deems proper. (c) The Administrator shall receive all complaints under this Act. He shall refer all complaints or inquiries concerning conduct specifically approved or prohibited by the Department of Agriculture, Comptroller General, Public Service Commission, Department of Natural Resources, Department of Banking and Finance, or other appropriate agency or official of this State to that agency or official for initial investigation and corrective action other than litigation. (d) Any official of this State receiving a complaint or inquiry as provided in subsection (b) above shall advise the Administrator of his action with respect to such complaint or inquiry. (e) All officials and agencies of this State having responsibility under this Act are authorized and directed to consult and assist one another in maintaining compliance with this Act.

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(f) In the event a person holding a professional license as defined in Title 84, Ga. Code Ann., shall be determined by the Administrator to be operating a business or profession intentionally, persistently, and notoriously in a manner contrary to this Act, the Secretary of State, at the instruction of the Administrator hereunder, shall begin proceedings to revoke such professional license. (g) The Administrator shall not be authorized to exercise any powers granted in this Act against a person regulated by an agency or department listed in subsection 5(c), subsection 5(d) or subsection 5(e) of this Act with regard to conduct specifically approved or prohibited by such agency or department if such agency or department certifies to the Administrator that the exercise of such powers would not be in the public interest. (h) On December 31st of each year the Administrator shall make a written report to the Governor summarizing the types and numbers of complaints received and the dispositions concerning these complaints by his office. (i) Nothing contained in this Act shall be construed as repealing, limiting or otherwise affecting the existing powers of the various regulatory agencies of the State of Georgia except that all agencies of this State, in making determinations as to whether actions or proposed actions of persons subject to their jurisdiction and control are in the public interest, shall consider the situation in the light of the policies expressed by this Act. Section 6. Exemptions. Nothing in this Act shall apply to: (a) Actions or transactions specifically authorized under laws administered by or rules and regulations promulgated by any regulatory agency of this State or the United States; (b) Acts done by the publisher, owner, agent, or employee of a newspaper, periodical, or radio or television station in the publication or dissemination of an advertisement of or for another person, when the publisher, owner, agent or

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employee did not have knowledge of the false, misleading or deceptive character of the advertisement, did not prepare the advertisement or did not have a direct financial interest in the sale or distribution of the advertised product or service. Section 7. Actions by Administrator for Equitable Relief. (a) Whenever the Administrator has reason to believe that any person is using, has used, or is about to use any method, act or practice declared by section 3 or by regulations made under section 4 of this Act to be unlawful, and that proceedings would be in the public interest, whether or not any person has actually been misled, he may bring an action in the name of the State by filing a civil complaint against such person to restrain or enjoin the use of such method, act, or practice. The complaint must state generally the relief sought and be served in accordance with the Georgia Civil Practice Act, approved March 18, 1966 (Ga. L. 1966, p. 609), as amended. The action may be brought in the Superior Court having jurisdiction over the defendant by virtue of any provision of the Constitution or laws of the State of Georgia. (b) Unless the Administrator determines that a person subject to the provisions of this Act designs quickly to depart from this State or to remove his property therefrom, or to conceal himself or his property therein, he shall, before initiating any legal proceedings as provided in this section, give notice in writing that such proceedings are contemplated and allow such person a reasonable opportunity to appear before the Administrator and execute an assurance of voluntary compliance as in this Act provided. The determination of the Administrator hereunder shall be final and not subject to judicial review. (c) The said courts are authorized to issue restraining orders or temporary or permanent injunctions or such orders as are necessary to restrain and prevent violations of this Act. Such injunctions or orders shall be issued notwithstanding the existence of adequate remedies at law. (d) With the exception of consent judgments entered before any testimony is taken, a final judgment under this

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section is admissible as prima facie evidence of such specific findings of fact as may be made by the court which enters said judgment in subsequent proceedings by or against the same person, or his successors or assigns. (e) In any action brought under subsection (a) of this section, whenever the Administrator has prevailed, the court may, upon application of the Administrator, appoint a receiver for the assets of the defendant where it has been established: (i) that said defendant has engaged in a pattern of willful violations of this Act which has resulted in substantial actual damage to citizens of this State; or (ii) that defendant is without the State and is actually removing, or about to remove himself or his property without the limits of the State, or conceals himself or his property, and that the appointment of the receiver is necessary to preserve the assets of the defendant for the benefit of citizens of the State damaged by defendant's said violation of this Act. Section 8. Powers of Receiver. When a receiver is appointed by the court pursuant to this Act, he shall have the power to sue for, collect, receive, and take into his possession all the goods and chattels, rights and credits, moneys and effects, lands and tenements, books, records, documents, papers, choses in action, bills, notes, and property of every description, derived by means of any practice declared to be illegal and prohibited by this Act, including property with which such property has been mingled if it cannot be identified in kind because of such commingling to sell, convey, and assign the same and hold and dispose of the proceeds thereof under the direction of the court. In the case of a partnership or business entity, the receiver may, in the discretion of the court, be authorized to dissolve the business and distribute the assets under the direction of the court. The court shall have jurisdiction of all questions arising in such proceedings and may make such orders and judgments therein as may be required. Section 9. Administrator's Actions for Damages. The Administrator may bring an action in a representative capacity to recover general, but not punitive damages on behalf

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of any person or persons entitled to bring an action in his or their own behalf pursuant to section 10(a) of this Act, provided that each party represented shall be individually listed as a party to the action. Section 10. Private Actions, Notice Before Filing. (a) Any person who suffers injury or damages as a result of consumer acts or practices in violation of this Act, or whose business or property has been injured or damaged as a result of consumer acts or practices in violation of this Act may bring an action individually, but not in a representative capacity, against the person or persons engaged in such unlawful consumer acts or practices under the rules of Civil Procedure to seek equitable injunctive relief and to recover his general and exemplary damages sustained as a consequence thereof in any court having jurisdiction over the defendant; provided, however, exemplary damages shall be awarded only in cases of intentional violation. A claim under this section may also be asserted as a defense, set off, crossclaim, or counterclaim or third party claim against such person. (b) At least 30 days prior to the filing of any such action a written demand for relief, identifying the claimant and reasonably describing the unfair or deceptive act or practice relied upon and the injury suffered, shall be delivered to any prospective respondent. Any person receiving such a demand for relief who, within 30 days of the delivering of the demand for relief, makes a written tender of settlement which is rejected by the claimant may, in any subsequent action, file the written tender and an affidavit concerning this rejection and thereby limit any recovery to the relief tendered if the court finds that the relief tendered was reasonable in relation to the injury actually suffered by the petitioner. The demand requirements of this subsection shall not apply if the prospective respondent does not maintain a place of business or does not keep assets within the State, but such respondent may otherwise employ the provisions of this Section by making a written offer of relief and paying the rejected tender into court as soon as practicable after receiving notice of an action commenced under this Section. All written tenders of settlement such as described

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in this subsection shall be presumed to be offered without prejudice in compromise of a disputed matter. (c) Subject to subsection (b) above a court shall award three times actual damages for an intentional violation. (d) If the court finds in any action that there has been a violation of this Act, the person injured by such violation shall in addition to other relief provided for in this Section and irrespective of the amount in controversy, be awarded reasonable attorneys' fees and expenses of litigation incurred in connection with said action; provided, however, the court shall deny a recovery of attorneys' fees and expenses of litigation which are incurred after the rejection of a reasonable written offer of settlement made within 30 days of the mailing or delivery of the written demand for relief required by this Section; provided further that if the court finds the action continued past the rejection of such reasonable written offer of settlement in bad faith or for the purposes of harassment, the court shall award attorneys' fees and expenses of litigation to the adverse party. Any award of attorneys' fees and expenses of litigation shall become a part of the judgment and subject to execution as the laws of Georgia allow. (e) Any manufacturer or supplier of merchandise, whose act or omission, whether negligent or not, is the basis for action under this Act shall be liable for the damages assessed against or suffered by retailers charged under this Act. A claim of such liability may be asserted by cross-claim, third party complaint, or by separate action. (f) It shall not be a defense in any action under this Act that others were, are, or will be engaged in like practices. Section 11. Bona Fide Error. In any action in which damages are demanded under section 10 of this Act, recovery will be limited to the amount, if any, by which the injured party suffered injury or damage caused by the violation if the adverse party proves that such violation resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adopted to avoid any such

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error and that such error was not the result of negligence in the maintenance of such procedures. Section 12. Assurances of Voluntary Compliance. In the administration of this Act, the Administrator may accept an assurance of voluntary compliance with respect to any act or practice deemed to be violative of the Act from any person who has engaged or was about to engage in such act or practice. Any such assurance shall be in writing and be filed with the Clerk of the Superior Court of the county in which the alleged violator resides or has his principal place of business, or the Superior Court of Fulton County. Such assurance of voluntary compliance shall not be considered an admission of violation for any purpose. Matters thus processed may at any time be reopened by the Administrator for further proceedings in the public interest, pursuant to section 7. The provisions of this Section shall not bar any claim against any person who has engaged in any act or practice in violation of this Act. Section 13. Investigation. (a) When it reasonably appears to the Administrator that a person has engaged in, is engaging in, or is about to engage in any act or practice declared to be unlawful by this Act, or when he believes it to be in the public interest that an investigation should be made to ascertain whether a person in fact has engaged in, is engaging in, or is about to engage in, any act or practice declared to be unlawful by this Act, he may, with the consent of the Attorney General, execute in writing and cause to be served upon any person who is believed to have information, documentary material or physical evidence relevant to the alleged or suspected violation an investigative demand requiring such person to furnish under oath or otherwise, a report in writing setting forth the relevant facts and circumstances of which he has knowledge, or to appear and testify or to produce relevant documentary material or physical evidence for examination, at such reasonable time and place as may be stated in the investigative demand, concerning the advertisement, sale or offering for sale of any goods or services or the conduct of any trade or commerce that is the subject matter of the investigation.

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(b) If matters that the Administrator makes the subject of an investigative demand is located outside the State, the person receiving such investigative demand may either make it available to the Administrator at a convenient location within this State or pay the reasonable and necessary expenses for the Administrator or his representative to examine the matter at the place where it is located. The Administrator may designate representatives, including officials of the State in which the matter is located to inspect the matter on his behalf, and he may respond to similar requests from officials of other states. (c) Within twenty (20) days after the service of any such investigative demand upon any person, or at any time before the return date specified in the demand, whichever period is longer, such person may file, in the Superior Court of Fulton County or in the county where said person resides or has its principal place of business and serve upon the Administrator a complaint for an order of such court modifying or setting aside such demand. The time allowed for compliance with the demand in whole or in part, as deemed proper and ordered by the court, shall not run during the pendency of such complaint in the court. Such complaint shall specify each ground upon which the complainant relies in seeking such relief, and may be based upon any failure of such demand to comply with the provisions of this Chapter, or upon any constitutional or other legal right or privilege of such person. (d) (1) Each such investigative demand shall state the nature of the conduct constituting the alleged violation of this Act which is under investigation and the provision of law applicable thereto; describe the class or classes of documentary material to be produced thereunder with such definiteness and certainty as to permit such material to be fairly identified; describe the nature, scope and purpose of the investigation with such definiteness and certainty as to permit any person whose testimony is sought to be fairly appraised of the subject matter of the inquiry; prescribe a return date which will provide a reasonable period of time within which the material so demanded may be assembled and made available for inspection and copying

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or reproduction and the person(s) whose testimony is sought may prepare for the same; and identify the person to whom such material shall be made available. (2) No such investigative demand shall (a) contain any requirement which would be held to be unreasonable as contained in a subpoena duces tecum issued by a court of this State in aid of a Grand Jury investigation of such alleged violation; or (b) require the production of any documentary evidence or oral testimony which would be privileged from disclosure if demanded by a subpoena duces tecum issued by a court of this State in aid of a Grand Jury investigation of such alleged violation; provided, however, that the limitations on the scope of demand contained herein do not require as a condition to the issuance of an investigative demand that the alleged violation be of sufficient seriousness as to constitute a violation of the criminal laws of this State, as opposed to the civil provisions of this Act. Section 14. Subpoenas, Hearing, Rules and Regulations and Enforcement. (a) To carry out the duties prescribed by sections 4, 5, 7, 9 and 13 of this Act, the Administrator, in addition to other powers conferred upon him by this Act, may with the consent of the Attorney General issue subpoenas to any person, administer an oath or affirmation to any person, conduct hearings in aid of any investigation or inquiry, prescribe such forms and promulgate such procedural rules and regulations as may be necessary, which procedural rules and regulations shall have the force of law. (b) Upon failure of a person without lawful excuse to obey an investigative demand or subpoena, the Administrator may apply to a Superior Court having jurisdiction for an order compelling compliance. (c) The Attorney General may request that a natural person who refuses to testify or to produce relevant matter on the ground that the testimonial matter may incriminate him be ordered by the court to provide the testimony matter. With the exception of a prosecution for perjury and an action under sections 7, 9, 10 or 15, a natural person who complies with the court order to provide a testimony matter

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after asserting a privilege against self-incrimination as to which he is entitled by law shall not be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he may testify, or produce evidence, documentary or otherwise. (d) Information obtained pursuant to powers enforced by this Act shall not be made public or disclosed by the Administrator or his employees beyond the extent necessary for the enforcement of this Act. Section 15. Penalties. (a) Any person who violates the terms of an injunction issued under section 7 of this Act shall forfeit and pay to the State a civil penalty of not more than twenty-five thousand ($25,000) dollars per violation. For purposes of this Section, the Superior Court issuing an injunction shall retain jurisdiction and the cause shall be continued, and in such cases the Administrator acting in the name of the State may petition for recovery of civil penalties. (b) In any action brought under this Act, if the court finds that intentional violation has occurred, the Administrator upon petition to the court may recover on behalf of the State a civil penalty of not exceeding two thousand ($2,000) dollars per violation. (c) In the case of a continuing offense each day shall be regarded as a separate violation. (d) Any intentional violation by a corporation shall be deemed to be also that of the individual directors, officers, partners, employees or agents of the corporation, partnership or association, who had actual knowledge of the acts constituting such violation and who directly authorized, supervised, ordered, or did any of the acts constituting in whole or in part such violation, provided, however, no such individual directors, officers, partners, employees or agents shall have any individual liability under the provisions of this subsection, unless the corporation, partnership or association, as the case may be, which has committed the intentional violation shall fail to pay into the court within 30

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days after judgment sufficient monies or assets to satisfy the judgment. (e) The Administrator shall have the authority to compromise or settle claims for penalty brought under this section. Section 16. Duties of Solicitors of the State and Civil Courts and District Attorneys of the Superior Courts. It shall be the duty of the solicitors of the State and Civil Courts and the district attorneys of the Superior Court of this State to lend to the Administrator such assistance as the Administrator may request in the commencement and prosecution of specific actions pursuant to this Act. Section 17. Statute of Limitations. (a) No action shall be brought under this Act: (i) more than two years after the person bringing such action knew or should have known of the occurrence of the alleged violation; or (ii) more than two years after the termination of any proceeding or action by the State of Georgia, whichever is later. (b) Damages or penalties to which a person is entitled pursuant to this Act may be set off against the allegation of said person to the seller and may be raised as a defense to a suit on the obligation without regard to the time limitations prescribed by this Section. 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 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 19. Provisions not Exclusive and Repealer. The provisions of this Act are cumulative with other laws and

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are not exclusive. The rights or remedies provided for herein shall be in addition to any other procedures, rights, remedies or duties provided for in any other law or in decisions of the courts of this State dealing with the subject matter. All other laws or parts of laws in conflict with this Act are hereby repealed. Section 20. Effective Date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Approved April 10, 1975. GEORGIA INDUSTRIAL LOAN ACT AMENDEDMAXIMUM LOAN PERIOD CHANGED, ETC. No. 131 (House Bill No. 538). An Act to amend an Act known as the Georgia Industrial Loan Act, approved March 4, 1955 (Ga. L. 1955, p. 431), as amended, so as to change the maximum permissible loan; to change the maximum loan period; to provide for monthly maintenance charges; to exclude such maintenance charges from certain interest rate limitations; to provide any such monthly maintenance charges shall be clearly disclosed in writing on loan contracts; 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 Industrial Loan Act, approved March 4, 1955 (Ga. L. 1955, p. 431), as amended, is hereby amended by striking the symbols and figure $2,500.00 wherever the same shall appear in said Act and inserting in lieu thereof the symbols and figure $3,000.00. Permissible loans. Section 2. Said Act is further amended by striking the first paragraph of section 15 in its entirety and inserting in

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lieu thereof a new first paragraph of section 15, to read as follows: Every licensee hereunder may loan any sum of money not exceeding $3,000.00 for a period of 36 months and 15 days or less and may charge, contract for, collect and receive interest and fees, and may require the fulfillment of conditions on such loans as hereinafter provided:. Periods. Section 3. Said Act is further amended by adding a new subsection at the end of section 15, to be designated subsection (e), to read as follows: (e) Maintenance charge. Charge and collect from a borrower a monthly maintenance charge of $1.00 for each loan contract. For the purposes of this subsection, and thirty days of a month constitutes a month; provided that nothing contained in section 57-117 and section 57-9901 of the Code of Georgia of 1933, as now or hereafter amended, shall be construed to apply to this subsection, and loans made in conformity with this subsection shall in no wise constitute a violation of section 57-117 of the Code of Georgia of 1933, as now or hereafter amended. Any such monthly maintenance charge shall be clearly disclosed in writing on said loan contract. Section 4. This Act shall become effective on June 1, 1975. Effective date. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 10, 1975. COUNTIESCOUNTY LINE PROVISIONS CHANGED, ETC. Code 23-305 Enacted. No. 133 (House Bill No. 455). An Act to amend Code Chapter 23-3, relating to changes of county lines, as amended, so as to provide for copies of

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the survey and plat evidencing a change in county lines to be filed with the Secretary of State; to provide for the Secretary of State to certify and send a copy of such survey and plat to the clerk of the superior court of each county affected by the change; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 23-3, relating to changes of county lines, as amended, is hereby amended by adding at the end thereof a new Code section, to be designated Code section 23-305, to read as follows: 23-305. Survey and plat. When all proceedings have transpired pursuant to this Code Chapter, three copies of the survey and plat evidencing a change in county lines and a copy of a resolution from the governing authority of each county evidencing approval of such change shall be filed jointly by the judge of the probate court of each county with the Secretary of State. Upon receipt of the copies of the survey and plat and the resolutions provided above, the Secretary of State shall certify the said survey and plat and send a certified copy thereof to the clerk of the superior court of each county affected by the change in county lines. The clerk of the superior court shall record said survey and plat in the same book in which other plats of the county are recorded. The Secretary of State shall retain one copy of the survey and plat, said copy of the survey and plat to be filed in the Secretary of State's Office. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 11, 1975. UNLIQUIDATED DAMAGES INTEREST ACT AMENDED. No. 134 (House Bill No. 544). An Act to amend an Act known as the Unliquidated Damages Interest Act, approved April 9, 1968 (Ga. L. 1968,

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p. 1156), so as to remove the limitation on the sum of unliquidated damages to which the interest shall 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. An Act known as the Unliquidated Damages Interest Act, approved April 9, 1968 (Ga. L. 1968, p. 1156), is hereby amended by striking in its entirety subsection (a) of section 1 and inserting in lieu thereof a new subsection (a) to read as follows: (a) Where a claimant has given written notice by registered or certified mail to a person of whom claim is made for unliquidated damages in an action ex delicto, and the person of whom such claim is made fails to pay said amount within 30 days from the mailing of said notice, then the claimant shall be entitled to receive interest on the claimed sum if, upon trial of the case in which the claim is made, the judgment is for an amount not less than the sum claimed. 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 11, 1975. AGRICULTUREFARMERS MARKETS PROVISIONS CHANGED. No. 136 (House Bill No. 1166). An Act to amend an Act providing for and authorizing the Commissioner of Agriculture to establish farmers markets in this State and to authorize the Commissioner of

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Agriculture to make necessary rules and regulations to properly conduct such markets and to provide for embargoes and prohibit the sale of vegetables, fruits, truck crops, also sea foods, and other farm crops found unfit for food for human consumption, approved February 25, 1935 (Ga. L. 1935, p. 369), as amended, so as to provide for definitions; to provide for certificates; to provide for rules and regulations; to provide for labelling of citrus fruit; to provide that it shall be unlawful for any person to sell certain citrus fruits; to provide for penalties; 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 an authorizing the Commissioner of Agriculture to establish farmers markets in this State and to authorize the Commissioner of Agriculture to make necessary rules and regulations to properly conduct such markets and to provide for embargoes and prohibit the sale of vegetables, fruits, truck crops, other farm crops, and sea foods found unfit for food for human consumption, approved February 25, 1935 (Ga. L. 1935, p. 369), as amended, is hereby amended by adding, following section 8, a new section 8A to read as follows: Section 8A. (a) As used in this section: (1) `Citrus fruit' shall include, but not be limited to oranges, grapefruit, limes, lemons, tangerines, tangeloes and kumquats for human consumption. (2) `Commissioner' shall mean the Commissioner of Agriculture of the State of Georgia. (3) `Dealer' shall mean any person, firm or corporation, including processors and wholesalers, engaged in the business of selling, offering for sale, or holding for the purpose of sale in this State any citrus fruit in excess of one hundred pounds in any one week. The term `dealer' shall not include retailers.

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(4) `Processors' shall mean any person, firm or corporation processing and offering for sale citrus fruit for commercial purposes. (5) `Broker' shall mean any person, firm or corporation selling citrus fruit in this State for a dealer on a commission basis. (6) `Wholesaler' means any person, firm or corporation, including processors, selling to one or more retailers. (b) It shall be unlawful to sell, offer for sale or hold for the purpose of sale any citrus fruit as a dealer or broker unless such person has obtained from the Commissioner a certificate authorizing such person to engage in the business of selling citrus fruit in the State of Georgia. Such certificate shall be subject to revocation by the Commissioner for cause after notice and hearing. All such certificates shall be permanent and effective until revoked. Such certificate shall be issued without charge and shall be issued upon request to the Commissioner. (c) The Commissioner may make, establish and enforce regulations prescribing the maximum residual tolerances in insecticides and other poisons that may be permitted in or on citrus fruit offered for sale in this State to the end of protecting the consumer from the inherent dangers of such poisons. (d) To promote honesty and fairness in dealing in citrus fruit, and to prevent and control the sale and dealing therein in such manner and by such means as not to defraud and mislead consumers and purchasers of citrus fruit, the Commissioner is hereby authorized to require all citrus fruit to be individually labeled to show any artificial coloring or other application or treatment process to which the citrus fruit has been subjected or undergone that enhances or modifies the natural appearance of such citrus fruit. (e) An inspection fee is hereby imposed upon citrus fruit in its natural state at the rate of not less than one-eighth of one cent per pound and not more than one-fourth of one

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cent per pound, or fraction thereof, to be paid to the Commissioner on all citrus fruit sold by dealers in this State and on all citrus fruit used in the preparation of food served to the public, if the fee has not been previously paid, which said inspection fee shall be paid by the dealer who first sells, offers for sale or holds for the purpose of sale citrus fruit in this State or by any person, firm or corporation using citrus fruit in the preparation of food served to the public, on which the inspection fee has not been previously paid. It shall be unlawful for any dealer to sell, offer for sale or hold for the purpose of sale in this State any citrus fruit on which said inspection fee shall not have been paid, and it shall be unlawful to use or hold for the purpose of use in this State any citrus fruit in the preparation of food served to the public on which said inspection fee shall not have been paid. The manner of collection of such inspection fee shall be as prescribed by the Commissioner, who is hereby authorized to so prescribe and enforce the method and manner of collecting same. All such fees so collected shall be paid into the State Treasury as other moneys collected by the Department of Agriculture. The Commissioner is hereby authorized to waive said inspection fee at any time. (f) It shall be unlawful for any dealer, processor, wholesaler or broker to sell citrus fruit which is unsound, unhealthful, unwholesome or otherwise unfit for human consumption, or hold in violation of the provisions of this Act or the rules and regulations promulgated hereunder. (g) Any dealer, processor, wholesaler or broker who shall violate any provision of this Act or any rule or regulation promulgated by the Commissioner hereunder shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided by law. In addition thereto, the Commissioner may revoke the certificate of any dealer convicted of any violation of this Act. Section 2. All laws and parts of laws in conflict with this this Act are hereby repealed. Approved April 11, 1975.

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ROADSEXCESS WEIGHT PROVISIONS AMENDEDPORTABLE BUILDINGS. Code 95A-961 Amended. No. 137 (Senate Bill No. 45). An Act to amend Code section 95A-961, relating to permits for excess weight and dimension under the provisions of the Georgia Code of Public Transportation, so as to change certain provisions relating to vehicles transporting portable buildings on certain highways; 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-961, relating to permits for excess weight and dimension under the provisions of the Georgia Code of Public Transportation, is hereby amended by adding at the end of the first unnumbered paragraph of subsection (a) thereof the following: Provided, further, vehicles transporting portable buildings on roads not a part of the National System of Interstate and Defense Highways, regardless of whether the nature of such buildings is such that can be readily dismantled or separated, may exceed the lengths and widths established herein provided that a special permit for such purposes has been issued as provided herein, and provided, further, that no such special permit shall be issued for a load exceeding twelve feet in width., so that when so amended subsection (a) of Code section 95A-961 shall read as follows: (a) General. The Commissioner or the official of the Department designated by the Commissioner may, in his discretion, upon application in writing and good cause being shown therefore, issue a permit in writing authorizing the applicant to operate or move upon the State's public roads a motor vehicle or combination of vehicles and loads whose

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weight, width, length, or height, or combination thereof, exceeds the maximum limit specified by law: Provided, that the load transported by such vehicle or vehicles is of such nature that it is a unit which cannot be readily dismantled or separated, and further provided that no permit shall be issued to any vehicle whose operation upon the public roads of this State threatens to unduly damage a road or any appurtenance thereto, except that aforesaid dismantling limitation shall not apply to loads of cotton, tobacco, concrete pipe, and plywood that do not exceed a width of nine feet and which are not moved on part of the National System of Interstate and Defense Highways. Provided, further, vehicles transporting portable buildings on roads not a part of the National System of Interstate and Defense Highways, regardless of whether the nature of such buildings is such that can be readily dismantled or separated, may exceed the lengths and widths established herein provided that a special permit for such purposes has been issued as provided herein, and provided, further, that no such special permit shall be issued for a load exceeding twelve feet in width. Code 95A-961 amended. Permits may be issued on application to the Department to persons, firms or corporations without specifying license plate numbers in order that such permits which are issued on an annual basis may be interchanged from vehicle to vehicle. The Department is hereby authorized to promulgate reasonable rules and regulations which are necessary or desirable governing the issuance of such permits; provided such rules and regulations are not in conflict with the provisions of this Title and other provisions of law. Every such permit shall be carried in the vehicle or combination of vehicles to which it refers and shall be open to inspection by any police officer or State Trooper or authorized agent of the Department. The application for any such permit shall specifically describe the type of permit applied for, as said types of permits are described in subsection (c), and the application for a single trip permit in addition shall describe the points of departure and destination.

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The Commissioner or the official of the Department designated by the Commissioner is authorized to withhold such permit, or, if such permit is issued, to establish seasonal or other time limitation within which the vehicles described may be operated on the public road indicated, or otherwise to limit or prescribe conditions of operation of such vehicle, when necessary to assure against undue damage to the road foundation, surfaces or bridge structures, and require such undertaking or other security as may be deemed necessary to compensate the State for any injury to any roadway or bridge structure. For just cause, including, but not limited to, repeated and consistent past violations, the Commissioner or an official of the Department designated by the Commissioner, may refuse to issue, or may cancel, suspend, or revoke the permit of an applicant or permittee. 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 14, 1975. CRIMESMASTURBATION FOR HIRE MADE A CRIME, ETC. Code 20-2021 Enacted. Code 72-301 Amended. No. 138 (Senate Bill No. 54). An Act to amend Code Chapter 26-20, relating to sexual offenses, as amended, so as to create the crime of masturbation for hire; to provide for definitions; to provide for penalties; to amend Code Chapter 72-3, relating to houses of prostitution, so as to provide that houses, buildings,

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structures or places, and the contents thereof used for masturbation for hire shall be a nuisance and may be abated; to provide that the conviction of the owner or operator of any such building, structure or place for certain stated offenses based on conduct or an act or occurrence in or on the premises of such building, structure or place shall be prima facie evidence of the nuisance and the existence thereof; to provide that it shall be unlawful for any masseur or masseuse to massage any person in certain buildings, structures or places; to provide for definitions; to provide for penalties; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 26-20, relating to sexual offenses, as amended, is hereby amended by adding at the end thereof a new Code section, to be designated as Code section 26-2021, to read as follows: 26-2021. Masturbation for hire. A person, including a masseur or masseuse, commits masturbation for hire when he erotically stimulates the genital organs of another, whether resulting in orgasm or not, by manual or other bodily contact, exclusive of sexual intercourse, or by instrumental manipulation for money or the substantial equivalent thereof. A person committing masturbation for hire shall be guilty of a misdemeanor and, upon conviction, shall be punished as for a misdemeanor. Section 2. Code Chapter 72-3, relating to houses of prostitution, is hereby amended by striking Code section 72-301 in its entirety and inserting in lieu thereof a new Code section 72-301, to read as follows: 72-301. Houses and contents declared a nuisance. Whosoever shall knowingly erect, establish, continue, maintain, use, own or lease any building, structure or place used for the purpose of lewdness, assignation, prostitution or masturbation for hire shall be guilty of maintaining a nuisance, and the building, structure or place, and the ground

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itself in or upon which such lewdness, assignation or prostitution shall be conducted, permitted or carried on, continued or shall exist, and the furniture, fixtures, musical instruments and other contents of such building or structure are also declared to be a nuisance, and may be enjoined and abated as hereinafter provided. The conviction of the owner or operator of any such building, structure or place for any of the above stated offenses based on conduct or an act or occurrence in or on the premises of such building, structure or place shall be prima facie evidence of the nuisance and the existence thereof. Section 3. It shall be unlawful for any masseur or masseuse to massage any person in any building, structure or place used for the purpose of lewdness, assignation, prostitution or masturbation for hire. As used in this section masseur means a male who practices massage or physiotherapy, or both. As used in this section masseuse means a female who practices massage or physiotherapy, or both. Any person violating the provisions of this section shall be guilty of a misdemeanor and, upon conviction, shall be punished as for a misdemeanor. Section 4. Should any part of this Act be declared unconstitutional or invalid, the same shall not affect the remainder of this Act or any part hereof, other than the part so held to be invalid. Severability. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 14, 1975. PUBLIC SERVICE COMMISSION OPERATIONS AMENDED, ETC. Code Chapter 93-3 Amended. No. 139 (Senate Bill No. 324). An Act to make the operation of the Public Service Commission and the administration of its duties and responsibilities

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more efficient, effective and complete; to provide for the purpose thereof; to amend Chapter 93-3 of the Code of Georgia, relating to the jurisdiction, powers and duties of the Public Service Commission, so as to provide that the Commission shall have the power to make rules and regulations to effectuate all provisions of law conferring powers upon the Commission; to further amend an Act approved March 10, 1964 (Ga. L. 1964, p. 338), as amended, known as the Georgia Administrative Procedure Act, relating to the establishing of uniform procedures for administrative agencies, so as to make the Public Service Commission subject to that Act by deleting the exemption with respect to said Commission contained in that Act; to further amend the Georgia Administrative Procedure Act so as to provide that all actions for declaratory judgment with respect to any rule of the Public Service Commission must be brought in the Superior Court of Fulton County; to provide that nothing in Section 18 of said Act shall prevent the parties to a contested case before the Public Service Commission from waiving requirements relating to findings of fact and conclusions of law nor preclude said Commission from adopting rules prescribing the procedure in relation thereto; to provide that notwithstanding any other provisions of this Act the procedures prescribed by Code section 93-307.1, relating to procedure for utility rate changes, shall be applicable; to provide that said Commission shall not be required to include findings of fact and conclusions of law in its orders and decisions in cases in which it presides at the reception of the evidence where no person appears in opposition to the relief sought, provided that such cases shall not include certain cases relating to rates, and further provided that if an aggrieved person seeks judicial review of such order said Commission shall nevertheless prepare such findings of fact and conclusions of law and include the same in the record transmitted to the reviewing court; to provide that all proceedings for review with respect to orders of said Commission must be brought in the Superior Court of Fulton County; to provide for exceptions; 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:

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Section 1. The purpose of this Act is to make the operation of the Public Service Commission and the administration of its duties and responsibilities more efficient, effective and complete, and to facilitate the Commission in the discharge of the greatly increased duties and responsibilities resulting from the growing economy and population of the State of Georgia during the last several decades, and from new and additional legislation conferring additional duties and responsibilities upon the Commission, by granting additional rule-making powers to the Commission; placing the Commission under the Georgia Administrative Procedure Act; and further amending the Georgia Administrative Procedure Act so as to provide that actions for declaratory judgment with respect to rules of the Commission must be brought in the Superior Court of Fulton County; to provide that parties to a contested case before the Commission may waive requirements relating to findings of fact and conclusions of law; to provide that the Commission may extend the period within which it is required to render a final decision in contested cases; to provide that subject to certain limitations and requirements, the Commission shall not be required to make findings of fact and conclusions of law in certain uncontested cases where it presides at the reception of the evidence; and to provide that proceedings for review with respect to orders of the Commission must be brought in the Superior Court of Fulton County. Section 2. Chapter 93-3 of the Code of Georgia, relating to the jurisdiction, powers and duties of the Public Service Commission, is hereby amended by adding to such Chapter, immediately after section 93-308 thereof, a new section, to be designated Code section 93-308.1, to read as follows: 93-308.1 General Rule Making Authority. The Commission shall have full power and authority, in addition to the power and authority now conferred upon it, to make rules and regulations to effectuate and implement the provisions of this Title and all other laws conferring powers and duties upon the Public Service Commission. Any rule or regulation adopted by the Commission shall be transmitted to the Chairman of the Senate Public Utilities and Transporation Committee and to the Chairman of the House Industry

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Committee for review by such Committees and recommendations to the General Assembly for appropriate action thereon. Section 3. An Act known as The Georgia Administrative Procedure Act, approved March 10, 1964 (Ga. L. 1964, p. 338), as amended by Ga. L. 1965, p. 283; Ga. L. 1966, p. 333; Ga. L. 1967, p. 618; Ga. L. 1967, p. 893; and Ga. L. 1968, p. 115, relating to the establishing of uniform procedures for administrative agencies, is hereby amended by striking from subsection (a) of section 2 thereof, which subsection contains a definition of the term agency, the words the Public Service Commission, so that as thus amended said subsection (a) of said section 2 shall read as follows: (a) `Agency' means each State board, bureau, commission, department, activity or officer authorized by law expressly to make rules and regulations or to determine contested cases except the General Assembly, the judiciary, the Governor, the Board of Pardons and Paroles, the State Board of Probation, the Board of Bar Examiners, the Board of Corrections and its penal institutions, the State Board of Workmen's Compensation, all Public Authorities, the State Personnel Board (Merit System), the State Supervisor of Purchases (Purchasing Department), the regulation of liquor and alcoholic beverages, or any school, college, hospital or other such educational, eleemosynary or charitable institution, or any agency when its action is concerned with the military or naval affairs of this State. Section 4. Said Georgia Administrative Procedure Act is hereby further amended by adding to subsection (b) of section 11 thereof, which subsection deals with the courts where declaratory judgments respecting agency rules may be brought, immediately following the last sentence, a new sentence to read as follows: All actions for declaratory judgment, however, with respect to any rule of the Public Service Commission must be brought in the Superior Court of Fulton County., so that as thus amended subsection (b) of said section 11 shall read as follows:

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(b) The agency shall be made a party to the action and a copy of the petition shall be served on the Attorney General. The action shall be brought in the Superior Court of Fulton County or in the superior court of the county of residence of the petitioner. When the petitioner is a corporation, the action may be brought in the Superior Court of Fulton County or the county where the petitioner maintains its principal place of doing business in Georgia. All actions for declaratory judgment, however, with respect to any rule of the Public Service Commission must be brought in the Superior Court of Fulton County. Section 5. Said Georgia Administrative Procedure Act is hereby amended by adding to subsection (b) of section 18 thereof, which subsection deals with decisions and orders in contested cases, immediately following the last sentence of such subsection, a new sentence to read as follows: Moreover, nothing in this section shall prevent the parties to a contested case before the Public Service Commission from waiving the requirements of this section relating to findings of fact and conclusions of law, nor preclude said Commission from adopting a rule or rules prescribing the procedure whereby parties to a contested case before it may waive such requirements., so that as thus amended said subsection (b) of said section shall read as follows: (b) A final decision or order adverse to a party, other than the agency, in a contested case shall be in writing or stated in the record. A final decision shall include findings of fact and conclusions of law, separately stated, and the effective date of the decision or order. Findings of facts, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. Each agency shall maintain a properly indexed file of all decisions in contested cases which shall be open for public inspection with the exceptions provided in section 3(a) (4). A copy of the decision or order and accompanying findings and conclusions shall be delivered or mailed promptly to each party or to his attorney of record.

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Nothing in this section shall prevent agencies from entering summary decisions or orders for contested cases informally disposed of under section 14(d). Moreover, nothing in this section shall prevent the parties to a contested case before the Public Service Commission from waiving the requirements of this section relating to findings of fact and conclusions of law, nor preclude said Commission from adopting a rule or rules prescribing the procedure whereby parties to a contested case before it may waive such requirements. Section 6. Said Georgia Administrative Procedure Act is hereby amended by adding to subsection (c) of section 18 thereof, which subsection deals with the time when agencies are to render final decisions in contested cases, immediately following the last sentence thereof, the following: Notwithstanding any other provisions of this law to the contrary, the procedures prescribed by Code sections 93-307.1, relating to procedure for utility rate changes, shall be applicable to and available to any person, firm or corporation subject to the jurisdiction of the Public Service Commission, and nothing contained herein shall be deemed to abrogate or limit, in any manner, the provisions of said Code section as they pertain to any rate, charge, classification or service which may constitute the basis of a contested case, proceeding, hearing or matter before the Public Service Commission., so that as thus amended said subsection (c) of said section shall read as follows: (c) Each agency shall render a final decision in contested cases within thirty (30) days after the close of the record required by section 14, except that any agency, by order, may extend such period in any case in which it shall find that the complexity of the issues and the length of the record require an extension of such period, in which event the agency shall render decision at the earliest date practicable. Notwithstanding any other provisions of this law to the contrary, the procedures prescribed by Code section 93-307.1, relating to procedure for utility rate changes, shall be applicable to and available to any person, firm or corporation

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subject to the jurisdiction of the Public Service Commission, and nothing contained herein shall be deemed to abrogate or limit, in any manner, the provisions of said Code section as they pertain to any rate, charge, classification or service which may constitute the basis of a contested case, proceeding, hearing or matter before the Public Service Commission. Section 7. Said Georgia Administrative Procedure Act is hereby further amended by adding to section 18 thereof, which section deals with decisions and orders by agencies, a new subsection to be designated subsection (d), to read as follows: (d) The Public Service Commission shall not be required to include findings of fact and conclusions of law in its orders and decisions in cases in which it presides at the reception of the evidence where no person appears in protest or opposition to the relief or authority sought; provided, however, that such cases shall not include those in which the relief sought is an increase or decrease in the rate or rates of any person subject to its jurisdiction, and further provided, however, that if an aggrieved person files a petition seeking judicial review pursuant to section 20 of this Act with respect to such an order or decision, the Public Service Commission shall nevertheless prepare such findings of fact and conclusions of law and include the same in the record of the proceedings transmitted to the reviewing court pursuant to section 20(e) of this Act. Section 8. Said Georgia Administrative Procedure Act is hereby further amended by adding to subsection (b) of section 20 thereof, which subsection deals with proceedings for review, immediately following the third sentence of such subsection, a new sentence to read as follows: All proceedings for review, however with respect to orders, rules, regulations, or other decisions or directives of the Public Service Commission must be brought in the Superior Court of Fulton County. so that as thus amended subsection (b) of said section shall read as follows:

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(b) Proceedings for review are instituted by filing a petition within thirty (30) days after the service of the final decision of the agency or, if a rehearing is requested, within thirty (30) days after the decision thereon. Such petition may be filed in the Superior Court of Fulton County or in the superior court of the county of residence of the petitioner. When the petitioner is a corporation, the action may be brought in the Superior Court of Fulton County or the county where the petitioner maintains its principal place of doing business in Georgia. All proceedings for review, however, with respect to orders, rules, regulations, or other decisions or directives of the Public Service Commission must be brought in the Superior Court of Fulton County. Copies of the petition shall be served upon the agency and all parties of record. The petition shall state the nature of the petitioner's interest, the fact showing that petitioner is aggrieved by the decision and the ground as specified in subsection (h) of this Section upon which petitioner contends that the decision should be reversed or modified. The petition may be amended by leave of court. Section 9. Nothing contained within this Act shall apply to any rate, charge, classification, service, hearing, procedure or matter which shall pertain to any motor contract carrier, motor common carrier or railroad. Section 10. If any provision of this Act or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable. Severability. Section 11. This Act shall become effective on January 1, 1976; provided, however, with respect to rules and regulations that become effective on January 1, 1976, that notice shall be given in advance of January 1, 1976, pursuant to the requirements of the Georgia Administrative Procedure Act and that such rules and regulations adopted to become effective on January 1, 1976, shall be filed on that date with the Secretary of State in accordance with the Georgia Administrative Procedure Act. Effective date.

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Section 12. All laws or parts of laws in conflict with this Act are hereby repealed. Approved April 14, 1975. JOINT-SECRETARY, STATE EXAMINING BOARDSCERTAIN AUTHORIZATIONS PROVIDED, ETC. Code Chapter 84-1 Amended. No. 140 (House Bill No. 243). An Act to amend Code Chapter 84-1, relating to the Joint-Secretary, State Examining Boards, as amended, so as to authorize the Joint-Secretary, with the approval of the Secretary of State, to employ a Deputy Joint-Secretary; to provide that the Deputy Joint-Secretary shall act in the absence of the Joint-Secretary; to provide that the Deputy Joint-Secretary shall perform such other functions of the Joint-Secretary as the Joint-Secretary may designate; to provide that investigators when so designated shall have the powers of police officers when engaged in the enforcement of the laws creating or related to the several examining boards served by the Joint-Secretary; to authorize investigators to carry firearms under certain conditions; to provide for the posting of a bond by investigators; to provide that investigators shall be considered peace officers; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 84-1, relating to the Joint-Secretary, State Examining Boards, as amended, is hereby amended by adding a new paragraph at the end of Code section 84-102, to read as follows: The Joint-Secretary shall with the approval of the Secretary of State, employ a Deputy Joint-Secretary who shall act in the absence of the Joint-Secretary and who shall

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perform such other functions of the Joint-Secretary under this Chapter as the Joint-Secretary may designate. Code 84-102 amended. Section 2. Said Code Chapter is further amended by adding a new Code section 84-105 at the end thereof, to read as follows: 84-105. Powers of Investigators. Persons hired for the purpose of conducting investigations for the several examining boards and the office of the Joint-Secretary shall be designated as investigators and any person so designated shall have all the powers of a police officer of this State when engaged in the enforcement of this Chapter or of any of the laws creating or related to the several examining boards served by the Joint-Secretary. Such investigators shall be authorized upon the written approval of the Joint-Secretary, notwithstanding the provisions of Georgia Code section 26-2901, Code section 26-2903 and Code section 26-2904, to carry firearms of a caliber not greater than the standard police.38 handgun. Prior to granting an investigator authority to carry a firearm, the Joint-Secretary shall require that he file a bond, in an amount to be set by the Joint-Secretary, but in no event less than $500.00, said bond to be payable to the Governor of the State of Georgia and to be conditioned and enforceable in the manner prescribed by Georgia Code Chapter 89-4. Any person designated as an investigator, within the meaning of this Section, shall be considered to be a peace officer. Nothing in this Act shall be construed to make any investigator provided for by this Act eligible for membership in the Peace Officers' Annuity and Benefit 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 April 14, 1975.

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MOTOR FUEL TAX LAW AMENDEDCERTAIN EXEMPTIONS FOR NONHIGHWAY USE CHANGED. Code 92-1403 Amended. No. 141 (House Bill No. 315). 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), and an Act approved April 1, 1974 (Ga. L. 1974, p. 1446), so as to change the provisions relative to certain exemptions for motor fuel of a type other than gasoline used for non-highway purposes; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. 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), and an Act approved April 1, 1974 (Ga. L. 1974, p. 1446), is hereby amended by striking paragraph (4) of subsection (E) of said Code section in its entirety and inserting in lieu thereof a new paragraph (4) 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 except as herein provided. The distributor may certify at the expiration of each 12-month period that the affidavit is still effective and send the purchaser, by ordinary mail, a copy of the original certificate and of the provisions of this Act. 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

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an exemption who falsely claims the exemption or who fails to rescind his affidavit in writing as provided herein shall be deemed to be a distributor for purposes of taxation and 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 12 months 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 as 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 and certificates required herein, and may also require that all affidavits and certificates 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 14, 1975. INSURANCERENEWAL PREMIUMS FOR ACCIDENT AND SICKNESS POLICIESCERTAIN CIRCUMSTANCES FOR INAPPLICABILITY PROVIDED. Code 56-3009 Amended. No. 142 (House Bill No. 374). An Act to amend Code section 56-3009, relating to renewal premiums for policies of accident and sickness insurance,

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as amended, so as to provide additional circumstances under which the provisions of said section are inapplicable; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 56-3009, relating to renewal premiums for policies of accident and sickness insurance, as amended, is hereby repealed in its entirety and a new Code section 56-3009 is hereby substituted in lieu thereof, to read as follows: 56-3009. Renewal premiums. (a) Except as provided below, every insurer delivering or issuing for delivery in this State policies of accident and sickness insurance which are renewable at the option of the insurer or cancellable at the option of the insurer shall provide in said policies a provision as follows: `If the Company cancels or refuses to renew this policy except for nonpayment of premiums prior to age (insert age which shall not be less than 60), it will refund 75% of the premiums paid in excess of the benefits received. The requirements of this provision shall not apply to cancellation or refusal to accept renewal premiums because of change in occupation of the insured to an occupation generally classified by the insurer as to all applicants as uninsurable.' (b) This section shall not apply to, and the provisions quoted in the preceding paragraph need not be included in any Major Medical policy which provides that the insurer may cancel or refuse to renew the policy as of an anniversary date when also cancelling or refusing to renew all policies with the same provisions and premium rate basis in the jurisdiction in which the insured resides and then only if either or both of the following conditions are applicable: (1) the insured is or could be covered by benefits, substantially similar in both kind and amount to those of the policy, in accordance with any Federal or State governmental health insurance program, or (2) the insurer is prevented by any law or any regulation

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or ruling of a governmental agency from applying to the policy a table of premium rates which the insurer certifies, based on its experience, is reasonable in relation to the benefits provided. For the purpose of this section, a Major Medical policy is any policy which provides benefits of at least 75% of necessary, reasonable and customary charges for medical care including hospitalization in semi-private accommodations, with maximum lifetime benefit of at least $100,000, subject only to such exceptions, restrictions, limitations and deductible as the Commissioner may deem reasonable. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 14, 1975. REQUIREMENTS AS TO BLASTING OR EXCAVATING NEAR UNDERGROUND GAS PIPES, ETC., CHANGED. No. 145 (House Bill No. 450). An Act to amend an Act providing certain requirements in connection with blasting or excavating in the vicinity of underground gas pipes and other facilities, approved March 6, 1969 (Ga. L. 1969, p. 50), as amended by an Act approved March 10, 1970 (Ga. L. 1970, p. 226), so as to provide that gas companies shall file with the clerk of the superior court the name and certain other information concerning the source from which information respecting the location of their underground gas pipes and facilities may be obtained; to provide for the maintenance of a file for such materials by such clerks and the fees therefor; to provide for the filing of such information by municipal gas distribution systems; to provide that with certain exceptions no person shall engage in blasting or excavating with mechanized excavating equipment until certain notice has been given to gas companies and certain other conditions have occurred; to provide for the contents of

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such notice and such other conditions; to provide that the gas companies involved will furnish certain information concerning the location of their underground gas pipes and other facilities within a designated time; to provide certain exceptions with respect to work by or for the State, counties, municipal corporation and agencies thereof; to provide that location information furnished must be accurate; 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 certain requirements in connection with blasting or excavating in the vicinity of underground gas pipes and other facilities, approved March 6, 1969 (Ga. L. 1969, p. 50), as amended by an Act approved March 10, 1970 (Ga. L. 1970, p. 226), is hereby amended by striking section 3 thereof in its entirety and substituting in lieu thereof a new section 3 to read as follows: Section 3. Each gas company who maintains underground gas pipes or facilities within any county of this State shall file with the clerk of the superior court of such county the name, address and telephone number of the office, department or other source from or through which information may be obtained during normal hours on business days respecting the location of the pipes and gas facilities of such gas company within said county. Each gas company from time to time shall make such further and additional filings as may be necessary to keep current the designation, address and telephone number of such source for such gas company. Municipal gas distribution systems shall not be required to make such filings in the office of the clerk of the superior court but shall maintain such information in the office of the clerk of such city, or in the office of the superintendent of the gas department of such city or in the office of the utility commission of such city. Section 2. Said Act, as amended, is further amended by striking section 4 thereof in its entirety and substituting in lieu thereof a new section 4 to read as follows:

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Section 4. The clerk of the superior court in each county of this State shall: (a) maintain a file for the written information to be filed by gas companies in accordance with the provisions of this Act and make the same available for public inspection; (b) mark the date and hour of filing of all written materials filed in accordance with the provisions of this Act; (c) charge a uniform fee for the filing of such written materials of one dollar ($1.00) per page. Section 3. Said Act, as amended, is hereby further amended by striking section 5 thereof in its entirety and substituting in lieu thereof a new section 5 to read as follows: Section 5. (a) No person shall commence, perform or engage in blasting or in excavating with mechanized excavating equipment on any tract or parcel of land in any county in the State unless and until each of the following conditions has occurred: (1) The person planning such blasting or excavating has, on or before the third business day preceding the day on which such work is planned to commence, given actual notice of such proposed work to the source designated and filed in such county by each gas company in accordance with the provisions of section 3 of this Act, which notice shall: (i) describe the tract or parcel of land upon which such blasting or excavation is to take place with sufficient particularity to enable the gas company to ascertain the precise tract or parcel of land involved; (ii) state the name, address and telephone number of the person who will engage in such blasting or excavating; (iii) describe the type of blasting or excavating to be engaged in by such person;

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(iv) designate the date, no earlier than three (3) business days and no later than ten (10) days from the date of such notice, upon which such blasting or excavating will commence. (2) The person planning such blasting or excavating has ascertained from each source filed in accordance with the provisions of Section 3 hereof the location of all gas pipes and facilities of each gas company which are located upon said tract or parcel of land or within two hundred (200) feet thereof. (b) Notwithstanding the foregoing, a person who engages in blasting or excavating with mechanized excavating equipment upon a tract or parcel of land which he owns or leases shall not be required to give any notice under the provisions hereof if such person has ascertained from other means available to him that there are no underground gas pipes or facilities which will be damaged or injuriously affected by such blasting or excavating. Section 4. Said Act, as amended, is further amended by striking section 6 thereof in its entirety and substituting in lieu thereof a new section 6 to read as follows: Section 6. Each gas company shall within three (3) business days following receipt of actual notice, as described above, to the source filed in accordance with the provisions of section 5 hereof, or within such longer reasonable period as may be required under the circumstances, but in any event within five (5) business days: (a) attempt to advise the person requesting such information by telephoning such person at the telephone number furnished by such person as aforesaid, or, if no such telephone number was furnished, by delivery personally or mailing by certified or registered mail, return receipt requested, to the address furnished as aforesaid by such person, notice that (1) such gas company does not have underground gas pipes or facilities located upon such parcel or tract of land or within two hundred (200) feet thereof, or that (2) such gas company has staked or otherwise

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marked the surface of the land to indicate the location of such of its underground gas pipes and other facilities as are located upon such tract or parcel of land and within two hundred (200) feet thereof. Section 5. Said Act, as amended, is further amended by redesignating existing sections 11, 12 and 13 thereof as sections 13, 14 and 15, respectively, and by adding two new sections, to be designated sections 11 and 12, to read as follows: Section 11. The provisions of this Act shall not apply to any work, including blasting or excavating with mechanized equipment, administered, performed by, contracted for or let by a municipal corporation, a county or by the State or any instrumentality, department, board, agency or authority of a municipal corporation, a county or the State, including any such work when performed by contractors or subcontractors of any of the same. Exemptions. Section 12. (a) For the purposes of this Act, information concerning location of underground gas pipes or facilities given by such gas company to any person must be accurate to within twenty-four (24) inches. If any underground gas pipes or facilities become damaged due to inaccurate location information furnished by such gas company, all liabilities imposed by this Act shall not apply. (b) Upon documented evidence that the person seeking location information has incurred losses or expenses due to inaccurate information, lack of information or unreasonable delays in supplying information by such gas company, the gas company shall be liable to that person for his losses. Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 14, 1975.

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DEEDS TO SECURE DEBTFORECLOSURE INFORMATION RECORDING PROVIDED. No. 146 (House Bill No. 466). An Act to amend an Act entitled An Act to limit the effect of and time for enforcing conveyances of real property to secure debt by providing for a reversion of title, when title shall revert, when powers of sale shall be exercised and when suits to recover the property under such conveyance shall be brought, to provide the effective date hereof and for other purposes., approved March 27, 1941 (Ga. L. 1941, p. 487), as amended, so as to require that certain additional information shall be recorded in the deed records of the county upon foreclosure of a mortgage and the subsequent sale of such property; to provide procedures connected therewith; 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 limit the effect of and time for enforcing conveyances of real property to secure debt by providing for a reversion of title, when title shall revert, when powers of sale shall be exercised and when suits to recover the property under such conveyance shall be brought, to provide the effective date hereof and for other purposes., approved March 27, 1941 (Ga. L. 1941, p. 487), as amended, is hereby amended by adding immediately following section 11 a new section, to be designated section 11A, to read as follows: Section 11A. When the holder of a Deed to Secure Debt or mortgage forecloses the same and sells the real property thereby secured under the provisions of Georgia Law governing foreclosures and Sales Under Power, and the purchaser thereof presents to the Clerk of Superior Court his Deed Under Power to have the same recorded, the Clerk shall write in the margin of the page where the Deed to Secure Debt or mortgage foreclosed upon is recorded the word `foreclosed' and the Deed Book and Page number at which is recorded the Deed Under Power conveying the real

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property. Provided, however, that in counties where the Clerk keeps the records affecting real estate on microfilm, the notation herein provided for shall be made in the index (or other place) where said Clerk records transfers and cancellations of Deeds to Secure Debt, and in the same manner. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 14, 1975. REVENUEUNDER CERTAIN CIRCUMSTANCES PROPERTY SUBJECT TO TAX LIEN MAY BE RELEASED. Code 92-8411 Amended. No. 148 (House Bill No. 586). An Act to amend an Act pertaining to the administration of taxing laws, and particularly, compromise settlements of suits, approved January 3, 1938 (Ga. L. 1937-38, Ex. Sess., pp. 77, 83, Ga. Code Ann. Ch. 92-84, particularly sec. 92-8411), so as to provide for the release of property subject to a State tax lien in certain circumstances; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act pertaining to the administration of taxing laws and, particularly, compromise settlements of suits, approved January 3, 1938 (Ga. L. 1937-38, Ex. Sess., pp. 77, 83, Ga. Code Ann. Ch. 92-84, particularly sec. 92-8411), is hereby amended by adding a new section to be designated Section 9A, to read as follows: Section 9A. The State Revenue Commissioner may, upon the taxpayer's providing security sufficient to protect the State's interest and with the consent of the Attorney

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General, release some or all of the property of a taxpayer which is subject to a State tax lien when the legality of the assessment which is the basis of such lien is being litigated. Code 92-8411 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 14, 1975. GAME AND FISHCOMMERCIAL FISHING LICENSE PROVISIONS CHANGED. No. 157 (Senate Bill No. 311). An Act to amend an Act completely and exhaustively revising the laws relating to game and fish, approved March 7, 1955 (Ga. L. 1955, p. 483), as amended, so as to change the law relative to commercial fishing licenses; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act completely and exhaustively revising the laws relating to game and fish, approved March 7, 1955 (Ga. L. 1955, p. 483), as amended, is hereby amended by striking in its entirety section 37 thereof and inserting in lieu thereof a new section 37 to read as follows: Section 37. (a) No person shall take or catch fish or any kind of sea food from the tidal or salt waters of this State for commercial purposes, except as otherwise provided, without first obtaining the proper license to do so. (b) A commercial fishing boat captain must obtain a license in his name. The fee for a captain's license shall be

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two dollars ($2.00) for a resident and five dollars ($5.00) for a nonresident. Such license shall be obtained from the Department of Natural Resources and shall be effective April 1 through March 31 of the following year. License. (c) For purposes of this Act, a captain is defined as the person on the boat in charge of the operation of a commercial fishing boat, whether or not that person is the owner of the commercial fishing boat. (d) A person assisting in commercial fishing operations under the supervision of a licensed captain need not have a commercial salt water fishing license in his name. (e) The captain's license required by this section is separate and distinct from the commercial fishing boat licenses required by section 34 of this Act. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 15, 1975. GAME AND FISHBAIT SHRIMPING PROVISIONS CHANGED. No. 158 (Senate Bill No. 323). An Act to amend an Act completely and exhaustively revising, superseding and consolidating the laws relating to game and fish, approved March 7, 1955 (Ga. L. 1955, p. 483), as amended, particularly by an Act approved March 28, 1970 (Ga. L. 1970, p. 961), so as to provide for lawful hours for bait shrimping; to require bonds of persons taking or selling commercial bait shrimp; to change the provisions regarding the type of bond required;

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to establish the lawful hours for bait shrimping; to provide penalties; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act completely and exhaustively revising, superseding and consolidating the laws relating to game and fish, approved March 7, 1955 (Ga. L. 1955, p. 483), as amended, particularly by an Act, approved March 28, 1970 (Ga. L. 1970, p. 961), is hereby amended by striking from subsection 1 of section 94A the following words: at any time, so that when so amended, subsection 1 of section 94A shall read as follows: 1. Any other provision of this Act to the contrary notwithstanding, any person may use a power-drawn net in any of the salt waters of this State, not to exceed ten feet (10[UNK]) at the widest part of its mouth for the purpose of taking shrimp to be used for live bait within the State of Georgia, provided that such shrimp are not to be sold, but are to be used by the person catching same, his friends or relatives. Section 2. Said Act is further amended by striking in its entirety subsection 2 of section 94A and inserting in lieu thereof a new subsection 2 to read as follows: 2. No person shall engage in the taking of shrimp for live bait to be sold, engage in the sale of shrimp for live bait or engage in the sale of shrimp for dead bait unless such person is the owner or full-time employee of an established bait dealership within the State of Georgia. All such qualified persons must first file with the Commissioner a forfeiture bond in the form prescribed by the Department 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 $1,000.00, conditioned upon the faithful compliance by such person with all the laws and regulations relating to commercial fishing;

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provided, however, that a cash forfeiture bond in like amount may be substituted in lieu of the commercial bond provided for above. The term of the bond shall be for one year and shall correspond to the period of the commercial fishing license. Such bond shall be in addition to the boat licenses (where applicable) required by section 34 of this Act, as amended, and the commercial fisherman's license required by section 37 herein, as amended, and notation of execution of such bond shall be stamped or endorsed on the applicant's commercial fisherman's license. Such commercial fisherman qualifying under this paragraph shall be authorized to use a power-drawn net in any of the salt waters of this State not larger than twenty feet (20[UNK]) at the widest part of its mouth. Section 3. Said Act is further amended by renumbering subsection 4 at the end of section 94A as subsection 5 and inserting in lieu thereof a new subsection 4 to read as follows: 4. (a) It shall be unlawful to engage in the taking of bait shrimp for personal use pursuant to section 1 of this Act at any time except between the hours of 5:00 A.M. Eastern Standard Time and 8:00 P.M. Eastern Standard Time in any waters of this State. Penalty. (b) It shall be unlawful to engage in the taking of bait shrimp to be sold pursuant to section 2 of this Act at any time except between the hours of 5:00 A.M. Eastern Standard Time and 8:00 P.M. Eastern Standard Time in any waters of this State; provided, however, that there will be no restriction of hours between May 1 and August 31. (c) Any person violating the provisions of this subsection shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor. Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 15, 1975.

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GAME AND FISHPROVISIONS APPLICABLE TO CONFISCATION OF COMMERCIAL FISHING BOATS CHANGED, ETC. No. 159 (Senate Bill No. 342). 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 28, 1970 (Ga. L. 1970, p. 961), an Act approved April 17, 1973 (Ga. L. 1973, p. 795), and an Act approved March 28, 1974 (Ga. L. 1974, p. 1173), so as to change certain provisions applicable to the confiscation of commercial fishing boats; to provide for certain surety bonds and alternatives to them; to provide for the revocation or suspension of certain licenses for causes enumerated; to make it a criminal offense to file a false statement in connection with this Act; to provide for certain criminal offenses and the mandatory minimum punishments therefor and other penalties; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act 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 28, 1970 (Ga. L. 1970, p. 961), an Act approved April 17, 1973 (Ga. L. 1973, p. 795), and an Act approved March 28, 1974 (Ga. L. 1974, p. 1173), is hereby amended by striking from subsection (d) of section 94 the following language: and that such was with the consent, express or implied, of the owner, and the following language: The owner, lessee, or lienholder shall be permitted to defend by showing that the equipment seized, if illegally used by another, was used without the knowledge, connivance

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or consent, express or implied, by such owner, lessee or lienholder., and by adding after the words extent of his lien and before the proviso, the following language: only if such lien was perfected prior to the filing by the Department of the affidavit provided for in subsection (i) (1) (C) of this section, so that subsection (d) will, when amended, read as follows: (d) Each boat, propulsion unit, net, door, boom, winch, cable, electronic device, or accessory equipment used in violation of this section or in violation of section 94A, as hereinafter provided, is hereby declared to be contraband and forfeited to the State and shall be confiscated and seized by any peace officer who shall impound it in the name of the district attorney whose circuit includes the county in which a seizure is made. The district attorney whose circuit includes the county in which a seizure is made, within thirty (30) days after the seizure of any such equipment, shall institute proceedings by petition in the superior court of any county where the seizure was made against the property so seized and against any and all persons having an interest in or right affected by the seizure or sale of such equipment. A copy of such petition shall be served upon the owner or lessee of such equipment, if known, and upon the person or persons having custody or possession of such equipment at the time of the confiscation or seizure. If the owner or lessee or person or persons having custody or possession of such equipment at the time of seizure is unknown, notice of such proceedings shall be published once a week for two consecutive weeks in the newspaper in which sheriff's advertisements of the county are published. Such publication shall be deemed notice to any and all persons having an interest in or right affected by such proceeding and any sale of the equipment resulting therefrom. If no defense or intervention shall be filed within thirty (30) days from the filing of the petition, judgment by default shall be entered by the court; otherwise the case shall proceed as other civil cases. Should it appear upon the trial of the case

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or upon default that such equipment was so used, the equipment shall be sold by order of the court after such advertisement as the court may direct. The proceeds arising from such sale shall be applied: Confiscation. (1) To the payment of proper costs and expenses including expenses incurred in the seizure; (2) To the payment of the cost of the court and its officers; (3) To the payment of any cost incurred in the storage, advertisement, maintenance or care of such property; and (4) The remainder shall be paid into the State treasury for deposit in the Game Protection Fund. Where the owner or lessee of any equipment seized for purposes of condemnation shall abscond or conceal himself so that actual notice of the condemnation proceedings cannot be served upon him, he shall be served by publication as is hereinbefore provided in the case of an unknown owner or lessee. All proceedings against any such equipment for the purpose of condemnation, shall be proceedings in rem against the equipment and the equipment shall be described only in general terms. It shall be no ground for defense that the person who had the equipment in possession at the time of its use and seizure has not been convicted or acquitted of any criminal proceedings resulting from or arising out of such use. It is the intent and purpose of the procedure provided by this section to provide a civil remedy for the condemnation and sale of equipment used in violation of the provisions of this section notwithstanding the conviction or acquittal of the person having possession or custody of the equipment at the time of its seizure. The conviction or acquittal of any such person shall not be admissible as evidence in any proceeding hereunder. Any party at interest may appear, by answer under oath, and make his defense. The holder of any bona fide lien on

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the property shall be protected to the full extent of his lien only if such lien was perfected prior to the filing by the Department of the affidavit provided for in subsection (i) (1) (C) of this section: Provided, however, that nothing contained herein shall be construed to obligate the district attorney whose circuit includes the county in which a seizure is made beyond the proceeds of any such sale less the actual costs incurred by him. The court to whom any such petition for condemnation may be referred may in its discretion allow any party at interest to give bond and take possession of the equipment seized, the court to determine whether the bond shall be a forthcoming bond of an eventual condemnation money bond, the amount of the bond to be determined also by the court. The enforcement of any bond so given shall be regulated by the general law applicable in such cases. Bond. The court shall have full discretion and authority to permit a settlement between the parties at any stage of the proceedings by permitting the value of the equipment to be paid into court or the value of the equity therein, as determined by the court, which money, when so paid in, shall be distributed as provided by law in all cases of condemnation. Provided, however, that the Attorney General may, upon the request of the Director of the State Game and Fish Commission, aid the district attorney in the in rem proceeding arising from any seizure or confiscation of property. Section 2. Said Act is further amended by striking subsection (i) of section 94 and inserting in lieu thereof a new subsection (i) to read as follows: (i) (1) 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 do one of the following: Application. A. Post a cash forfeiture bond in the form prescribed by the Board of Natural Resources in favor of the State of

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Georgia in the amount of five thousand dollars ($5,000.00), conditioned upon faithful compliance with the provisions of this section or of section 94A of this Act; B. 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 favor of the State in the amount of five thousand dollars ($5,000.00), conditioned upon faithful compliance with the provisions of this section or of section 94A of this Act; or C. File with the Commissioner an affidavit in the form prescribed by the Board of Natural Resources stating that the affiant is a resident of the State of Georgia, that he is the sole owner of the boat to be licensed, and that such boat is free from all encumbrances, including but not limited to liens, mortgages and other evidences of security interests. The Department may require proof of residence and/or ownership. Such affidavit shall acknowledge that the boat sought to be licensed will be subject to the provisions of subsection (d) of this section. Such affidavit shall be filed by the Department in the office of the clerk of the superior court as follows: when the owner is an individual, then in the county where he resides; when the owner is a partnership, corporation or other business entity not an individual, then in the county of the owner's principal place of business. If such boat is documented under the laws of the United States, such affidavit shall also be recorded in the office of the Officer in Charge at the home port of the vessel, pursuant to the Ship Mortgage Act, as amended (46 U.S.C. section 921, et seq.; 41 Stat. 1000). (2) The term of the bond provided for in subsection (A) and (B) above shall be for one year and shall correspond to the period of the license. When such a bond has been filed, the provisions 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 this section or of section 94A of this Act, either with or

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without the knowledge, consent or acquiescence of the owner of said boat as follows: A. first violation $500.00; B. second violation within a two-year period of time of any prior violation $1,000.00; Penalty. C. third violation within a two-year period of time of any prior violation $5,000.00; D. 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 subsection (1) (A) or (B) above. Section 3. Said Act is further amended by renumbering the existing subsection (j) of section 94 as subsection (k) and inserting a new subsection (j) to read as follows: (j) (1) A commercial fishing boat license issued under the provisions of section 34 of this Act may be revoked or suspended by the Department under any one or all of the following circumstances: Revocation. A. when a false statement is made in connection with the application for a license hereunder; B. when the bond provided for in subsection (i) of this section is reduced by forfeitures to the point that it is no

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longer sufficient to cover the forfeiture prescribed by law for the next offense; or C. when the boat covered by the license has been lawfully seized by the Department for a violation of applicable laws. (2) A license issued pursuant to section 34 of this Act is automatically suspended if there is a change of ownership of the boat during the period of the license. (3) Except for the automatic suspension of a license which occurs upon a change of ownership, a licensee shall be notified of a revocation or suspension of a commercial fishing boat license by a letter sent by mail to the name and place indicated on the application for such license, which letter shall set forth the reason(s) for such revocation or suspension. Such revocation or suspension shall become final if not appealed in writing within thirty (30) days of such action. Section 4. Said Act is further amended by adding at the end of section 94 immediately following subsection (k), a new subsection to be designated subsection (l), to read as follows: (l) It is the responsibility of every person operating a commercial fishing boat to determine whether or not said boat has a license which is valid and in effect. Any person who is involved in illegal shrimping or crabbing with powerdrawn nets while operating a boat which has not been licensed, or which has had its license suspended and not reinstated, shall be guilty of a misdemeanor, and shall be punished by a mandatory minimum sentence as follows: (1) first offensefined not less than $1,000.00 or sentenced to not less than 30 days nor more than 12 months imprisonment, or both; Penalty. (2) second offensefined not less than $3,000.00 and given a mandatory suspension from any fishing for not less than five years. Any person who violates such mandatory suspension shall, upon a proper showing, be subject to imprisonment not to exceed 12 months.

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For purposes of this section, illegal shrimping or crabbing with power-drawn nets means any violation of section 94 or of section 94A of this Act. Section 5. Said Act is further amended by adding at the end of section 94, a new subsection to be designated subsection (m), to read as follows: (m) Any person who willfully makes a false statement in an affidavit and files the same with the Commissioner for the purpose of obtaining a commercial fishing boat license shall be guilty of a misdemeanor and shall be punished by a mandatory minimum fine of $1,000.00, a mandatory minimum sentence of 30 days imprisonment, but not to exceed 12 months, or both. Penalty. Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 15, 1975. GEO. L. SMITH II GEORGIA WORLD CONGRESS CENTER ACT AMENDEDLEGISLATIVE MEMBERS REMOVED, ETC. No. 160 (House Bill No. 899). An Act to amend an Act now known as the Geo. L. Smith II Georgia World Congress Center Act, approved March 16, 1972 (Ga. L. 1972, p. 245), as amended by an Act approved April 13, 1973 (Ga. L. 1973, p. 666), and an Act approved March 12, 1974 (Ga. L. 1974, p. 174), so as to remove the legislative members from the Authority; to change the number necessary for a quorum; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. An Act now known as the Geo. L. Smith II Georgia World Congress Center Act, approved March 16, 1972 (Ga. L. 1972, p. 245), as amended by an Act approved April 13, 1973 (Ga. L. 1973, p. 666), and an Act approved March 12, 1974 (Ga. L. 1974, p. 174), is hereby amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2 to read as follows: Section 2. 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 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 fourteen members as follows: 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. Eight 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

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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. 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 15, 1975. TALLAPOOSA JUDICIAL CIRCUITOFFICE OF ASSISTANT DISTRICT ATTORNEY CREATED. No. 162 (House Bill No. 1068). An Act to create the office of Assistant District Attorney of the Tallapoosa Judicial Circuit; to provide for the appointment, powers, duties, qualifications and compensation of such assistant district attorney; to authorize the District Attorney of the Tallapoosa Judicial Circuit to employ two additional secretaries for the office of the district attorney; to provide for the employment, powers, duties, qualifications and compensation of such additional secretaries; to provide for practices and procedures in connection with the foregoing; 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. There is hereby created the office of Assistant District Attorney of the Tallapoosa Judicial Circuit. Said assistant district attorney shall be appointed by the District Attorney of the Tallapoosa Judicial Circuit, shall serve at

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the pleasure of the district attorney, and shall serve in addition to any other assistant district attorney now or hereafter authorized by the general or local laws of this State. When acting on behalf of the district attorney, he shall have all the authority, powers, and duties of the district attorney. The assistant district attorney shall also perform such other duties and exercise such other powers as may be prescribed by the district attorney. To be eligible for appointment as an assistant district attorney under the provisions of this Act, a person must possess the same qualifications prescribed for assistant district attorneys under the provisions of an Act providing for certain assistant district attorneys in certain judicial circuits, approved March 24, 1970 (Ga. L. 1970, p. 716), as the same may now or hereafter be amended. The assistant district attorney shall be compensated in the amount of $14,500 per annum, payable in equal monthly installments. Creation. Section 2. In addition to any secretary employed by the district attorney on the effective date of this Act, the District Attorney of the Tallapoosa Judicial Circuit is hereby authorized to employ two additional secretaries and to prescribe their duties. Such secretaries shall serve at the pleasure of the district attorney. Each of such secretaries shall be compensated in an amount to be fixed by the district attorney at not less than $6,000 and not more than $7,200 per annum, payable in equal monthly installments. Secretaries. Section 3. (a) The compensation of the assistant district attorney provided in Section 1 of this Act and the compensation of each of the secretaries fixed as provided in section 2 of this Act shall be paid in equal monthly installments from the funds of the following counties comprising the Tallapoosa Judicial Circuit, except the county having a Constitutional State Court, in the following percentages: Salary. Douglas County 46% Haralson County 26% Paulding County 28% (b) The governing authority of each of said counties, in addition to the compensation otherwise provided in this

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Act, shall also pay from county funds any employer contributions or taxes required under the provisions of the Federal Social Security Act, approved August 14, 1935, 49 Stat. 620, as the same may now or hereafter be amended. Section 4. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or otherwise becomes law without his approval. Effective date. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1975 session of the General Assembly of Georgia a bill to provide for one additional Assistant District Attorney for the Tallapoosa Judicial Circuit and to provide for the qualifications, appointment, duties and compensation of such additional District Attorney; to provide for and authorize the District Attorney of the Tallapoosa Judicial Circuit to employ additional clerical, secretarial and stenographic assistance, compensation therefor and for other purposes pertaining to the staff of the District Attorney of the Tallapoosa Judicial Circuit. John T. Perren District Attorney Tallapoosa Judicial Circuit Georgia, Douglas County. Personally appeared before the undersigned authority, duly authorized and empowered to administer oaths, Gary Watson, who, after first being duly sworn and upon oath deposes and says that he is the Editor and Publisher of the Douglas County Sentinel, the official organ of Douglas County and that the above and foregoing Notice of Intention to Introduce Local Legislation, was published in the

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Douglas County Sentinel on the following dates: February 11, 1975, February 18, 1975 and February 25, 1975. /s/ Gary Watson Sworn to and subscribed before me, this 25th day of February, 1975. /s/ Judy Cochran Notary Public (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1975 session of the General Assembly of Georgia a bill to provide for one additional Assistant District Attorney for the Tallapoosa Judicial Circuit and to provide for the qualifications, appointment, duties and compensation of such additional District Attorney; to provide for and authorize the District Attorney of the Tallapoosa Judicial Circuit to employ additional clerical, secretarial and stenographic assistance, compensation therefor and for other purposes pertaining to the staff of the District Attorney of the Tallapoosa Judicial Circuit. John T. Perren District Attorney Tallapoosa Judicial Circuit Georgia, Paulding County. Personally appeared before the undersigned authority, duly authorized and empowered to administer oaths, T. E. Parker, who, after first being duly sworn and upon oath deposes and says that he is the Publisher of The Dallas New Era, the official organ of Paulding County and that the above and foregoing Notice of Intention to Introduce Local Legislation, was published in The Dallas New Era on the

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following dates: February 6, 1975, February 13, 1975 and February 20, 1975. /s/ T. E. Parker Sworn to and subscribed before me, this 25th day of February, 1975. /s/ Judy Cochran Notary Public (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1975 session of the General Assembly of Georgia a bill to provide for one additional Assistant District Attorney for the Tallapoosa Judicial Circuit and to provide for the qualifications, appointment, duties and compensation of such additional District Attorney; to provide for and authorize the District Attorney of the Tallapoosa Judicial Circuit to employ additional clerical, secretarial and stenographic assistance, compensation therefor and for other purposes pertaining to the staff of the District Attorney of the Tallapoosa Judicial Circuit. John T. Perren District Attorney Tallapoosa Judicial Circuit Georgia, Polk County. Personally appeared before the undersigned authority, duly authorized and empowered to administer oaths, Joe Williams, who, after first being duly sworn and upon oath deposes and says that he is the Editor and Publisher of The Cedartown Standard, the official organ of Polk County and that the above and foregoing Notice of Intention to Introduce Local Legislation, was published in the Cedartown

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Standard on the following dates: February 11, 1975, February 18, 1975 and February 25, 1975. /s/ Joe Williams Sworn to and subscribed before me, this 26th day of February, 1975. /s/ Delores Bedwell Notary Public (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1975 session of the General Assembly of Georgia, a bill to provide for one (1) additional Assistant District Attorney for the Tallapoosa Judicial Circuit and to provide for the qualifications, appointment, duties and compensations for such additional District Attorney; To provide for and authorize the District Attorney of the Tallapoosa Judicial Circuit to employ additional clerical, secretarial and stenographic personnel, compensation therefore and for other purposes pertaining to the staff of the District Attorney, Tallapoosa Judicial Circuit. John T. Perren District Attorney Tallapoosa Judicial Circuit Georgia, Haralson County. Personally appeared before the undersigned authority, duly authorized and empowered to administer oaths, Stanley Parkman, who, after first being duly sworn and upon oath deposes and says that he is the Publisher of the Haralson County Tribune, the official organ of Haralson County and that the above and foregoing Notice of Intention to Introduce Local Legislation, was published in the Haralson

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County Tribune on the following dates: February 6, 1975, February 13, 1975 and February 20, 1975. /s/ Stanley Parkman Sworn to and subscribed before me, this 26th day of February, 1975. /s/ Joyce Howard Notary Public My Commission Expires 7-10-78. (Seal). Approved April 15, 1975. INSURANCEGROUP POLICY OF ACCIDENT AND SICKNESS INSURANCECERTAIN COORDINATION OF BENEFITS PROHIBITED. Code 56-2442 Enacted. No. 165 (Senate Bill No. 129). An Act to amend Code Title 56, relating to the regulation of the insurance industry, as amended, so as to provide that no group policy of accident and sickness insurance offered for sale in this State shall be issued or renewed after the effective day of this Act by any insurer or hospital service nonprofit corporation (Chapter 56-17) or medical service nonprofit corporation (Chapter 56-18) transacting business in this State which by the terms of such group policy excludes or reduces the benefits payable or services to be rendered to or on behalf of any insured by reason of the fact that benefits have been paid or are also payable under any blanket school accident policy regardless of who makes the premium contribution, or any individually underwritten and individually issued contract or plan of insurance which provides exclusively for accident and sickness benefits and for which 100% of the premiums have been paid by the insured or a member of the insured's family, irrespective of the mode or channel of

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premium payment to the insurer or any discount received on such premium by virtue of the insured's membership in any organization or status as an employee; to provide that any policy provision in violation of this section shall be void and unenforceable; to provide nothing shall affect the practice of coordinating benefits between group policies issued pursuant to Georgia Code Chapters 56-17, 56-18, and 56-31; to change the provisions relating to the application of Code Title 56; 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 56, relating to the regulation of the insurance industry, as amended, is hereby amended by adding at the end of Code Chapter 56-24, relating to the insurance contract in general, as amended, a new Code section, to be designated Code section 56-2442, to read as follows: 56-2442. Coordination of benefits; where prohibited. Notwithstanding any other provisions in this Title to the contrary, no group policy of accident and sickness insurance offered for sale in this State shall be issued or renewed after the effective date of this Act by any insurer or hospital service nonprofit corporation (Chapter 56-17) or medical service nonprofit corporation (Chapter 56-18) transacting business in this State which by the terms of such group policy excludes or reduces the benefits payable or services to be rendered to or on behalf of any insured by reason of the fact that benefits have been paid or are also payable under any blanket school accident policy regardless of who makes the premium contribution, or any individually underwritten and individually issued contract or plan of insurance which provides exclusively for accident and sickness benefits and for which 100% of the premiums have been paid by the insured or a member of the insured's family, irrespective of the mode or channel of premium payment to the insurer or any discount received on such premium by virtue of the insured's membership in any organization or status as an employee. Any policy provision in violation of this section shall be void and unenforceable. Nothing in this Act shall affect the practice of coordination benefits between group

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policies issued pursuant to Georgia Code Chapters 56-17, 56-18, and 56-31. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1975. FINANCIAL INSTITUTIONS CODE OF GEORGIA AMENDED. Code Title 41A Amended. No. 166 (Senate Bill No. 145). An Act to amend Code Title 41A, relating to financial institutions, and known as the Financial Institutions Code of Georgia, approved March 25, 1974 (Ga. L. 1974, p. 705), so as to clarify certain provisions; to correct technical and typographical errors; to redefine certain terms; to impose restrictions on examiners of the Department; to provide for annual examination fees; to provide that any reproduction of a record stored in an electronic or photographic medium shall be admissible in evidence as though it were the original; to change the form of reports submitted to the Department; to correct a reference to the Georgia Bureau of Investigation; to redefine the term financial services; to authorize the Department to examine or investigate any affiliate of a financial institution for the purpose of determining the condition of the financial institution in the same manner as it may examine or investigate the financial institution itself; to change the judicial review procedures so as to provide for a special statutory proceeding; to authorize the Department to petition the principal court for enforcement of its orders; to provide that the corporate code provisions relating to

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forfeiture shall not be applicable to financial institutions on and after April 1, 1975; to authorize the Department to edit any report to be admitted in evidence which is not pertinent to the issue in question before the court or which would adversely affect the public confidence in the financial institution; to provide for the delivery of articles of dissolution to the Secretary of State; to provide for the duplicate filing of name reservations with the Secretary of State; to provide that the Secretary of State may revoke any reservation at the request of the Department; to authorize a bank or trust company to acquire real estate with others for the purpose of providing data processing facilities; to provide that the total investment of the bank or trust company in real estate 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; to provide that any bank may become an insured bank pursuant to the Federal Deposit Insurance Act; to provide that loans secured by improved or unimproved real estate may not exceed seventy-five percent of the fair market value in the case of a single maturity loan; to exclude liabilities on account of the acquisition of reserve balances at a federal reserve bank or other reserve agent from a member or a non-member bank from the borrowing restrictions imposed on banks by this Code; to change the priority of the payment of deposits of deceased depositors; to authorize corporations to be represented at shareholders meetings by proxy; to authorize shareholder agreements if approved by the Department; to authorize the Department to prescribe by regulation the minimum disclosure of corporate records and reports which must be made by the bank or trust company to its shareholders at each annual meeting; to provide for the payment of damages which a bank or trust company may have sustained due to adverse publicity brought about as a result of an action brought without reasonable cause; to provide that the chairman of the board of directors may call special meetings of the board; to change the percentage which directors and officers may borrow on loans secured by certain collateral; to change the form for notices of amendment; to fix within the restrictions imposed by statue the maximum

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amount of deposits which may be made by any one member of a credit union; to provide that dividends in excess of seven percent annually may be paid by credit unions under certain conditions; to change the priority of payment of deposits of deceased depositors in credit unions; to change the definition of the word corporation in Chapter 41A-34, relating to Business Development Corporations; to change the amount of capital of a business development corporation which one member may acquire; to change the loan limitations by members of a business development corporation; to change the time of the annual meeting of a business development corporation; to provide for the payment of joint accounts in building and savings and loan associations according to contract; to change the method of payment of deposits of a deceased depositor in building and savings and loan associations; to provide for other matters relative to the foregoing; to provide for severability; to provide an effective date; to repeal specific laws; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Title 41A, relating to financial institutions, and known as the Financial Institutions Code of Georgia, approved March 25, 1974 (Ga. L. 1974, p. 705), is hereby amended by striking subsections (f), (g) and (u) of Code section 41A-102 in their entirety and inserting in lieu thereof new subsections (f), (g) and (u), to read as follows: (f) `Attorney' means an attorney-at-law who is regularly retained as counsel for a financial institution; or who is a partner or associate of a firm which is regularly retained as counsel for a financial institution. Code 41A-102 amended. (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

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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 term `banking companies' as used in Part III, Section IV, Paragraph XVII, of the Constitution of Georgia). (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 during 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;

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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; 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(a) (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. Section 2. Said Code Title is further amended by striking Code section 41A-207 in its entirety and inserting in lieu thereof a new Code section 41A-207, to read as follows: 41-207. Restrictions on Commissioner, Officials and Examiners. (a) Except as provided in subsections (b) and (c), neither the Commissioner nor any other official or examiner 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

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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 examiners of the Department may borrow money in ordinary course from any financial institution existing under the laws of the United States, provided said financial institution is not examined, regulated and/or controlled by the Department, or owned or controlled by another bank or corporation which is or may be examined, regulated and/or controlled by the Department. 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) The Commissioner may segregate examiners employed by the Department according to the class of financial institution each examiner regularly examines. Thereafter examiners may borrow in ordinary course from any class of financial institution not normally examined by the examiner receiving the credit. All borrowings from a financial institution by officials and examiners shall be reported by the borrower to the Commissioner immediately upon receipt of such credit. Nothing herein shall prohibit any official or employee of the Department from maintaining a deposit in any financial institution or owning a single share of a credit union. (d) Except as hereinbefore provided, no director, officer, agent, employee, or attorney of a financial institution, individually or in his official capacity, shall knowingly participate in violations of this Section. Section 3. Said Code Title is further amended by striking Code section 41A-212 in its entirety and inserting in lieu thereof a new Code section 41A-212, to read as follows:

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41A-212. Fees to be Charged. The Department may by regulation, prescribe annual examination fees, 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 fees 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. Section 4. Said Code Title is further amended by striking subsection (c) of Code section 41A-304 in its entirety and inserting in lieu thereof a new subsection (c), to read as follows: (c) Any copy of a record or of a reproduction of a record stored in an electronic or photographic medium permitted to be kept in lieu of the original, under this provision or the regulations of the Department, including legible products of computer operations, shall be admissible in evidence as though it were the original. Code 41A-304 amended. Section 5. Said Code Title is further amended by striking subsections (b) and (c) of Code section 41A-309 in their entirety and inserting in lieu thereof new subsections (b) and (c), to read as follows: (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. Code 41A-309 amended. (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

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proof of such publication with 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. Section 6. Said Code Title is further amended by striking subsection (b) of Code section 41A-311 in its entirety and inserting in lieu thereof a new subsection (b), to read as follows: (b) The restrictions of subsection (a) shall not apply to disclosures: Code 41A-311 amended. (1) within the Department or made to the Governor in the course of official duties; (2) required by law, including disclosures required by 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 Georgia Bureau 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) of 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. Section 7. Said Code Title is further amended by striking

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subsection (b) of Code section 41A-313 in its entirety and inserting in lieu thereof a new subsection (b), to read as follows: (b) For purposes of this Section `financial services' means clerical, bookkeeping, accounting, transfer, computer, statistical, investment or other functions performed for a financial institution which are normally performed by the financial institution for its own benefit. Code 41A-313 amended. Section 8. Said Code Title is further amended by striking Code section 41A-314 in its entirety and inserting in lieu thereof a new Code section 41A-314, to read as follows: 41-314. Affiliates. The Department may examine or investigate any affiliate of a financial institution for the purpose of determining the condition of the financial institution to the same extent and in the same manner as it may examine or investigate the financial institution itself. Section 9. Said Code Title is further amended by striking Code section 41A-401 in its entirety and inserting in lieu thereof a new Code section 41A-401, to read as follows: 41A-401. Judicial Review. (a) Any final action of the Department, or refusal of the Department to act, may be subject to judicial review by any person or corporation affected by such action. Such action shall be brought as a special statutory proceeding in the county in which the affected person or corporation resides or is domiciled if within this State (which in the case of a corporation shall be the county of its registered office if it has such an office) or in Fulton County if the affected person or corporation resides or is domiciled outside of this State within 12 months of the final action or refusal of action by the Department. The review shall be conducted by the court without a 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

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(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. Section 10. Said Code Title is further amended by striking subsection (e) of Code section 41A-402 in its entirety and inserting in lieu thereof a new subsection (e), to read as follows: (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 principal court 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 properly issued, the court shall grant the petition of the Department. Code 41A-402 amended. Section 11. Said Code section is further amended by striking subsection (e) of Code section 41A-403 in its entirety and inserting in lieu thereof a new subsection (e), to read as follows:

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(e) On and after April 1, 1975, the provisions of Code Title 22, relating to forfeiture, shall not be applicable to financial institutions. Code 41A-403 amended. Section 12. Said Code Title is further amended by striking Code section 41A-405 in its entirety and inserting in lieu thereof a new Code section 41A-405, to read as follows: 41A-405. Evidential Value of Results of Examinations; Investigations. (a) 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, but not of conclusions drawn by the examiner from such facts, 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. (b) The Department, with the permission of the court, may edit out of any report to be admitted as evidence pursuant to subsection (a) any portion of the report which is not pertinent to the issue in question before the court or which would tend to unnecessarily affect adversely the public confidence in the financial institution. Section 13. Said Code Title is further amended by striking subsection (a) of Code section 41A-502 in its entirety and inserting in lieu thereof a new subsection (a), to read as follows: (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 Secretary of State articles of dissolution which shall be executed by two duly authorized officers or

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shareholders under the seal of the financial institution and which shall contain: Code 41A-502 amended. (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 (5) the number of shares entitled to vote on the dissolution and the number of shares voted for and against it, respectively. Section 14. Said Code Title is further amended by striking subsections (b) and (d) of Code section 41A-602 in their entirety and inserting in lieu thereof new subsections (b) and (d), to read as follows: (b) Such reservation may be made by filing with the Secretary of State an application in duplicate to reserve a specified name. The Secretary of State shall send a copy of the application to the Department. If the Department concludes that the use of the name complies with the requirements of section 41A-601 and is otherwise consistent with the purposes 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. Code 41A-602 amended. (d) The Secretary of State may revoke any reservation at the request of the Department if, after hearing, the Department finds that the application therefor or any transfer

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was not made in good faith or otherwise not in conformity with law. Section 15. Said Code Title is further amended by striking subsection (d) of Code section 41A-707 in its entirety and inserting in lieu thereof a new subsection (d), to read as follows: (d) Whenever this Code empowers the Department as receiver to take any action 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. Code 41A-707 amended. Section 16. Said Code Title is further amended by striking Code section 41A-1203 in its entirety and inserting in lieu thereof a new Code section 41A-1203, to read as follows: 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 recreational use of its employees or partly so occupies and partly leases; (b) acquires for the purpose of providing parking facilities for the use of its tenants, customers, officers and employees; or (c) acquires with others for the purpose of providing

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data processing facilities for the bank or trust company or for the bank or trust company and others; subject to the limitation that the investment of the bank or trust company in all such real property, in all furniture, fixtures and equipment acquired in connection with any real property owned or leased by the bank or trust company, of all alterations of buildings on real property owned or leased by the bank or trust company, in all shares of corporations organized for the purpose of 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. Section 17. Said Code Title is further amended by striking subsection (b) of Code Section 41A-1302 in its entirety and inserting in lieu thereof a new subsection (b), to read as follows: (b) become an insured bank pursuant to the Federal Deposit Insurance Act and take all action necessary to the maintenance of insured status thereunder;. Code 41A-1302 amended. Section 18. Said Code Title is further amended by striking subsections (a) and (d) of Code section 41A-1307 in their entirety and inserting in lieu thereof new subsections (a) and (d), to read as follows: (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: Code 41A-1307 amended. (1) secured by a mortgage, deed or 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 seventy-five percent of the fair market value of the real estate in the case of a single maturity

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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 Veterans 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. (d) The aggregate amount of all loans by a bank subject to the requirements of subsection (a) 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. Section 19. Said Code Title is further amended by striking paragraph (3) of subsection (c) of Code section 41A-1309 in its entirety and inserting in lieu thereof a new paragraph (3), to read as follows: (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. Code 41A-1309 amended.

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Section 20. Said Code Title is further amended by striking paragraph (2) of subsection (b) of Code section 41A-1312 in its entirety and inserting in lieu thereof a new paragraph (2), to read as follows: (2) liabilities on account of the acquisition of reserve balances at a federal reserve bank or other reserve agent from a member or a nonmember bank;. Code 41A-1312 amended. Section 21. Said Code Title is further amended by striking paragraphs (3) and (4) of subsection (a) of Code section 41A-1610 in their entirety and inserting in lieu thereof new paragraphs (3) and (4), to read as follows: (3) if no children or surviving spouse, to the father and mother pro rata; Code 41A-1610 amended. (4) if none of the above, then to the brothers and sisters of the decedent pro rata. Section 22. Said Code Title is further amended by striking subsection (h) of Code section 41A-1702 in its entirety and inserting in lieu thereof a new subsection (h), to read as follows: (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 make 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. Code 41A-1702 amended. Section 23. Said Code Title is further amended by striking subparagraph (iii) of paragraph (1) of subsection (d) of Code section 41A-1807 in its entirety and inserting in lieu thereof a new subparagraph (iii), to read as follows:

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(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-1910 in giving its approval of the proposed institution;. Code 41A-1807 amended. Section 24. Said Code Title is further amended by striking subsection (a) of Code section 41A-2008 in its entirety and inserting in lieu thereof a new subsection (a), to read as follows: (a) Unless otherwise unlawful, a person or corporation 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. Code 41A-2008 amended. Section 25. Said Code Title is further amended by striking subsection (a) of Code section 41A-2009 in its entirety and inserting in lieu thereof a new subsection (a), to read as follows: (a) Unless otherwise unlawful, an agreement between two or more shareholders, if in writing and signed by the parties thereto, and if a copy thereof is delivered to the Department and approved by the Department when, in its discretion, such agreement is in the best interest of the bank and the public, 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. Code 41A-2009 amended. Section 26. Said Code Title is further amended by striking Code section 41A-2010 in its entirety and inserting in lieu thereof a new Code section 41A-2010, to read as follows:

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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) The Department may, by regulation, prescribe the minimum disclosure of corporate records and reports which must be made by the bank or trust company to its shareholders at each annual meeting. In issuing such regulations the Department shall consider the legitimate rights of a shareholder to sufficient information to evaluate the management and use of his investment and to elect qualified directors for the bank or trust company and the rights of customers of the bank or trust company to maintain the confidentiality of their business affairs. (c) 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. Section 27. Said Code Title is further amended by striking subsection (e) of Code section 41A-2012 in its entirety and inserting in lieu thereof a new subsection (e), to read as follows: (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 and such damages as the court may assess shall be paid over to

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the bank or trust company for damages such bank or trust company may have sustained due to adverse publicity brought about as a result of action brought without reasonable cause. Code 41A-2012 amended. Section 28. Said Code Title is further amended by striking subsection (a) of Code section 41A-2204 in its entirety and inserting in lieu thereof a new subsection (a), to read as follows: (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 chairman of the board, the president or by any two members of the board. Code 41A-2204 amended. Section 29. Said Code Title is further amended by striking subsection (b) of Code section 41A-2214 in its entirety and inserting in lieu thereof a new subsection (b), to read as follows: (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 sections 41A-2011 and 41A-2012 relating to derivative actions. Code 41A-2214 amended. Section 30. Said Code Title is further amended by striking paragraph (6) of subsection (a) of Code section 41A-2303 in its entirety and inserting in lieu thereof a new paragraph (6), to read as follows: (6) the number of shares voted for and 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. Code 41A-2303 amended. Section 31. Said Code Title is further amended by striking Code section 41A-2304 in its entirety and inserting in lieu thereof a new Code section 41A-2304, to read as follows:

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41A-2304. Advertisement; Referral to Department. 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: NOTICE OF AMENDMENT 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 Financial Institutions Code of Georgia. The purpose (purposes) of said articles of amendment (is) (are) (state the purpose of each amendment affected by the articles of amendment). Section 32. Said Code Title is further amended by striking subsection (d) of Code section 41A-3107 in its entirety and inserting in lieu thereof a new subsection (d), to read as follows: (d) to fix within the restrictions imposed by statute the maximum amount of deposits which may be made by, and the maximum amount that may be loaned to, any one member;. Code 41A-3107 amended. Section 33. Said Code Title is further amended by striking Code section 41A-3111 in its entirety and inserting in lieu thereof a new Code section 41A-3111, to read as follows: 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 at such rates as are determined by the board. Dividends or interest in excess of

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seven percent annually shall be reported to the Department at least ten days prior to payment. The dividend may be paid after approval by the Department upon its determination that such payment will not adversely affect the solvency of the credit union. Section 34. Said Code Title is further amended by striking paragraphs (3) and (4) of subsection (a) of Code section 41A-3115 in their entirety and inserting in lieu thereof new paragraphs (3) and (4), to read as follows: (3) if no children or surviving spouse, to the father and mother pro rata; Code 41A-3115 amended. (4) if none of the above, then to the brothers and sisters of the decedent pro rata. Section 35. Said Code Title is further amended by striking Code section 41A-3205 in its entirety and inserting in lieu thereof a new Code section 41A-3205, to read as follows: 41A-3205. Investigation; Granting of Licenses. Upon the filing of the 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-3203 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. Section 36. Said Code Title is further amended by striking Code section 41A-3208 in its entirety and inserting in lieu thereof a new Code section 41A-3208, to read as follows: 41A-3208. Agents and Subagents. A licensee may conduct its business at one or more locations in this State so

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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 of which the Department has been notified. Section 37. Said Code Title is further amended by striking subsection (a) of Code section 41A-3401 in its entirety and inserting in lieu thereof a new subsection (a), to read as follows: (a) `Corporation' means a Georgia business development corporation created under this Chapter or existing on April 1, 1975, pursuant to the Georgia Business Development Corporation Act of 1972, approved April 3, 1972 (Ga. L. 1972, p. 798). Code 41A-3401 amended. Section 38. Said Code Title is further amended by striking subsection (c) of Code section 41A-3407 in its entirety and inserting in lieu thereof a new subsection (c), to read as follows: (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 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

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granted herein shall not exceed five percent of the capital base of such member. Code 41A-3407 amended. Section 39. Said Code Title is further amended by striking paragraph (2) of subsection (c) of Code section 41A-3408 in its entirety and inserting in lieu thereof a new paragraph (2), to read as follows: (2) the following limit, to be determined each calendar year of membership on the basis of the audited balance sheet of such member at the close of its fiscal year immediately preceding; or, in the case of an insurance company, its last annual statement to the State Insurance Commissioner: Code 41A-3408 amended. (i) five percent of the statutory capital base of a bank or trust company of $750,000.00, 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 associations; (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. Section 40. Said Code Title is further amended by striking Code section 41A-3412 in its entirety and inserting in lieu thereof a new Code section 41A-3412, to read as follows: 41A-3412. Board of Directors, Officers and Agents. The business affairs of the corporation shall be managed and

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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 15 nor more than 21 as shall be determined 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 prior to April 1 or, if no annual meeting shall be held in the year of incorporation then within 90 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. Section 41. Said Code Title is further amended by striking subsection (c) of Code section 41A-3506 in its entirety and inserting in lieu thereof a new subsection (c), to read as follows: (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

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submitted to the principal court which shall examine them, and if it finds that they conform to the requirements of this Chapter, shall so certify and endorse its approval thereon. Code 41A-3506 amended. Section 42. Said Code Title is further amended by striking Code section 41A-3521 in its entirety and inserting in lieu thereof a new Code section 41A-3521, to read as follows: 41A-3521. Joint Accounts. (a) Unless otherwise provided in the deposit contract, whenever 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 or more persons, payable to any one or more of them (or payable to any one or more of them or the survivor if any of them), such deposit or any part thereof, including part or all of any interest or dividend thereon, may be paid to any one or more of said persons; and the receipt or acquittance of the person or persons so paid shall be valid and sufficient release and discharge to the association for any payment so made. For the purposes of this Section, the term `deposit' shall include a certificate of deposit, a savings account, a share account, a savings certificate, and similar deposits and accounts. The foregoing right to pay either party shall not be terminated by the death or incompetency of any other party. (b) This Section shall not be construed as affecting ownership rights to such deposit as between such persons, but shall be construed as permissive and protective to the association paying such deposit. Ownership rights as between such persons shall be determined pursuant to other principles of law, including the deposit contract where same is pertinent. Section 43. Said Code Title is further amended by striking Code section 41A-3523 in its entirety and inserting in lieu thereof a new Code section 41A-3523, to read as follows: 41A-3523. Payment on Death of Depositor. (a) Upon the death of a depositor of a building and loan association

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or a savings and loan association, such association may pay the amount of his deposit or any portion thereof to an executor, administrator or other fiduciary duly appointed and qualified pursuant to the last will and testament of the depositor or by any court of competent jurisdiction in this State, or any other state. (b) 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 following persons: (1) to the surviving spouse; (2) if no surviving spouse, to the children pro rata; (3) if no children or surviving spouse, to the father and mother pro rata; (4) if none of the above, then to the brothers and sisters of the decedent pro rata. (c) The payment to the surviving spouse or certain other family members shall operate as a complete acquittal and discharge to the building and loan association or savings and loan association 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. (d) In any case in which a deceased depositor has more than $2,500.00 on deposit in a building and loan association or savings and loan association, such association 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 association and shall not act as a full and final acquittance to the association of all liability.

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Section 44. Said Code Title is further amended by striking Code section 41A-3602 in its entirety and inserting in lieu thereof a new Code section 41A-3602, to read as follows: 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-35 and the regulations of the Department issued pursuant thereto. Section 45. Said Code Title is further amended by striking subsection (g) of Code section 41A-9907 in its entirety and inserting in lieu thereof a new subsection (g), to read as follows: (g) Section 41A-2213 relating to prohibitions applicable to directors, officers, employees and attorneys of bank and trust companies in dealings with the institution with which they are connected; and. Code 41A-9907 amended. Section 46. 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 47. This Act shall become effective on April 1, 1975. Effective date. Section 48. (a) An Act requiring banks having and exercising trust powers and privileges and trust companies, savings banks and security or guaranty companies and corporations doing a trust business or exercising the rights, powers and privileges of trust companies to secure uninvested

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trust funds, approved March 26, 1935 (Ga. L. 1935, p. 484), as amended by an Act approved March 24, 1965 (Ga. L. 1965, p. 244), and an Act approved March 14, 1966 (Ga. L. 1966, p. 468) is hereby repealed in its entirety. Repealer. (b) An Act providing that deposits of funds at interest in a chartered State or national bank or trust company shall be legal investments for fiduciaries, and for certain other persons, organizations, associations and corporations, provided that the bank or trust company in which such deposits are made is insured in the Federal Deposit Insurance Corporation in an amount sufficient to cover such deposits, approved February 17, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 108), is hereby repealed in its entirety. (c) An Act authorizing the establishing and the maintenance of common trust funds, approved March 20, 1943 (Ga. L. 1943, p. 442), as amended by an Act approved March 25, 1947 (Ga. L. 1947, p. 478), an Act approved February 21, 1951 (Ga. L. 1951, p. 526), an Act approved March 17, 1959 (Ga. L. 1959, p. 313), an Act approved March 28, 1961 (Ga. L. 1961, p. 220), an Act approved March 26, 1964 (Ga. L. 1964, p. 760), an Act approved March 20, 1970 (Ga. L. 1970, p. 489), and an Act approved April 3, 1972 (Ga. L. 1972, p. 816), is hereby repealed in its entirety. (d) An Act known as The Trustee Savings Act, approved February 25, 1949 (Ga. L. 1949, p. 1123), as amended by an Act approved March 6, 1962 (Ga. L. 1962, p. 645), is hereby repealed in its entirety. (e) An Act providing for common agency funds and for the administration of such common agency funds, approved March 4, 1964 (Ga. L. 1964, p. 215), is hereby repealed in its entirety. (f) 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 repealed in its entirety.

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(g) An Act known as the Executive Reorganization Act of 1972, approved April 6, 1972 (Ga. L. 1972, p. 1015), as amended by an Act approved April 7, 1972 (Ga. L. 1972, p. 1198), is hereby amended by striking section 1102 in its entirety. Section 49. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1975. BANKS AND BANKINGESTABLISHMENT OF BRANCH BANKS PROVIDED. Code 13-203.1 Amended. No. 167 (Senate Bill No. 147). An Act to amend Code section 13-203.1, relating to bank offices and bank facilities, as amended, so as to provide for the establishment of branch banks through merger, consolidation or sale of assets under certain conditions; to provide for the procedure connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 13-203.1, relating to bank offices and bank facilities, as amended, is hereby amended by adding a new subsection at the end thereof to be designated subsection (f) to read as follows: (f) (1) The provisions of any other laws to the contrary notwithstanding, a branch bank may be established through merger, consolidation, or sale of assets pursuant to the provisions of Chapters 41A-24, 41A-25, or 41A-26 of the Financial Institutions Code of Georgia where, prior to such merger, consolidation, or sale of assets, the commissioner and the appropriate federal regulatory authority have determined that one of the parties to the merger, consolidation, or sale of assets: Code 13-203.1 amended.

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(A) is insolvent or in an unsafe or unsound condition to transact its business; and (B) has generally suspended payment of its obligations without authority of law; and where the other party maintains either a parent bank or a branch bank within the same county; provided that, where banks which might merge or consolidate in accordance with the foregoing are unwilling to enter into such merger or consolidation, the other party may be a bank which maintains either a parent bank or branch bank within an adjacent county; and provided further that, where no banks in an adjacent county are willing to enter into such a merger or consolidation, the other party may be any bank domiciled within this State. (2) Nothing herein contained shall be construed to permit the bank which has been found insolvent or suspended payment pursuant to (A) or (B) of subsection 1 of this section to accept, under less favorable terms than can be obtained from a bank within its county, a merger with a bank outside the county in which it is located. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1975. BANKS AND BANKINGCERTAIN BRANCH BANKING IN ADJACENT COUNTIES PROVIDED. (400,000 OR MORE). Code 13-203 Amended. No. 168 (Senate Bill No. 148). An Act to amend Code section 13-203, relating to branch banks, as amended, so as to provide that any parent bank located in certain counties of this State may establish a branch bank within certain adjacent counties; to provide

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an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 13-203, relating to branch banks, as amended, is hereby amended by adding at the end of subsection (c) a new subparagraph, to be designated subparagraph (2), to read as follows: (2) Any parent bank located in any county of this State having a population of 400,000 or more according to the United States Decennial Census of 1970 may establish branch banks as provided by law within any adjacent county having a population of 400,000 or more according to the United States Decennial Census of 1970. Code 13-203 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 17, 1975. BANKS AND BANKINGINSTALLATION OF CERTAIN AUTOMATED TELLER FACILITIES AUTHORIZED, ETC. Code 13-203.2 Amended. No. 169 (Senate Bill No. 149). An Act to amend Code section 13-203.2, relating to the expansion or extension of existing bank facilities, as amended, so as to provide for the installation of unmanned automated teller facilities or unmanned point-of-sale terminals within the county in which a parent bank or branch bank is located, with the approval of the Commissioner of the Department of Banking and Finance; to define

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automated teller facilities and point-of-sale terminals; to provide that loan production offices shall not be considered to be a parent bank, branch bank, bank office or bank facility; to provide exceptions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 13-203.2, relating to the expansion or extension of existing bank facilities, as amended, is hereby amended by adding two new subsections at the end thereof to be designated subsections (d) and (e) to read as follows: (d) within the county in which a parent bank or branch bank is located provided such facility is established with the approval of the Commissioner and is an unmanned automated teller facility or unmanned point-of-sale terminal as hereinafter defined. Such facilities may be operated individually by any bank or jointly on a cost-sharing basis by two or more banks or other financial institutions. `Automated teller facilities' means electronic or mechanical equipment which performs routine banking transactions for the public at locations off premises of a parent bank, branch bank, bank office, or bank facility under regulations prescribed by the Commissioner. Automatic tellers shall be unmanned. `Point-of-sale terminals' means electronic or mechanical equipment located in nonbank business outlets to record, directly with a bank, transactions occurring as a result of the sale of goods or services. Code 13-203.2 amended. Provided, however, that the bank facility located on Robins Air Force Base in Houston County, Georgia, shall not be authorized to establish an automated teller facility or point-of-sale terminal anywhere in Houston County. (e) loan production offices shall not be considered to be a parent bank, branch bank, bank office or bank facility. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1975.

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GEORGIA PUBLIC ASSISTANCE ACT OF 1965 AMENDEDOVERPAYMENT RECOVERIES PROVIDED, ETC. No. 170 (Senate Bill No. 152). An Act to amend an Act known as the Georgia Public Assistance Act of 1965, approved March 30, 1965 (Ga. L. 1965, p. 385), as amended, so as to provide that the Department of Human Resources may recover overpayments of public assistance from recipients either by a civil action or by reduction in the future assistance grants; to provide that the Department may waive repayment of public assistance money in certain circumstances; to further provide that the Department shall make such waivers and shall establish the manner of repayment in accordance with regulations of the Department which shall conform to the Social Security Act and the federal regulation promulgated thereunder; 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. An Act known as the Georgia Public Assistance Act of 1965, approved March 30, 1965 (Ga. L. 1965, p. 385), as amended, relating to public assistance, is hereby amended by striking subsection (b) of section 13, relating to recovery of overpayments of public assistance, and inserting in lieu thereof a new subsection (b), to read as follows: (b) Any person who obtains any payment of public assistance to which he is not entitled, or in excess of that to which he is entitled, shall be liable to the State for the amount of such overpayment. Subject to the limitations hereafter provided, the amount of such overpayment may be recovered by civil action, and if the person receiving such overpayment continues on assistance, by proportionate reduction of future public assistance grants in accordance with regulations of the Department which shall conform to the Social Security Act and federal regulations promulgated

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pursuant thereto until the excess amount has been paid. In any case in which, under this Section, a person is liable to repay any sum, such sum may be collected without interest by civil action brought in the name of the Department of Human Resources of the State of Georgia. Any repayment required by this subsection may be waived by the Department of Human Resources and the method of repayment, if any, including recoupments from current assistance grants, shall be determined by the Department. Recoupment may be initiated without regard to whether the Department has obtained a judgment in a civil action but shall not be initiated prior to notice and an opportunity for a hearing in accordance with this Act. The Department shall make such waivers and determinations of repayment and the manner of repayment in accordance with regulations of the Department which shall conform to the Social Security Act and the federal regulations promulgated pursuant thereto. Section 2. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1975.

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GEORGIA FOREIGN MONEYJUDGMENTS RECOGNITION ACT. No. 171 (House Bill No. 83). An Act to provide rules for the recognition and enforcement of money-judgments rendered in the courts of foreign states; to define certain terms used in this Act; to prescribe the applicability of this Act; to provide the grounds for nonrecognition of money-judgments of foreign states, including lack of personal jurisdiction; to provide that money-judgments of foreign states will not be refused recognition for lack of personal jurisdiction if specified bases of personal jurisdiction exist; to provide that courts of this state may recognize, with certain limitations, other bases of personal jurisdiction; to provide that a court may stay proceedings in case an appeal is pending in a foreign court; to provide that this Act does not prevent recognition of money-judgments of foreign states in situations not covered by this Act; to provide a short title; to provide an effective date; 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. Definitions. As used in this Act: (a) foreign state means any governmental unit other than the United States, or any state, district, commonwealth, territory, insular possession thereof, or the panama Canal Zone, the Trust Territory of the Pacific Islands, or the Ryukyu Islands; (b) foreign judgment means any judgment of a foreign state granting or denying recovery of a sum of money, other than a judgment for taxes, a fine or other penalty, or a judgment for support in matrimonial or family matters. Section 2. Applicability. This Act applies to any foreign judgment that is final and conclusive and enforceable where rendered even though an appeal therefrom is pending or it is subject to appeal.

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Section 3. Recognition and Enforcement. Except as provided in sections 4 and 5, a foreign judgment meeting the requirements of section 2 is conclusive between the parties to the extent that it grants or denies recovery of a sum of money. The foreign judgment is enforceable in the same manner as the judgment of a sister state which is entitled to full faith and credit. Section 4. Grounds for Nonrecognition. A foreign judgment shall not be recognized if: (a) the judgment was rendered under a system which does not provide impartial tribunals or procedures compatible with the requirements of due process of law; or (b) the foreign court did not have personal jurisdiction over the defendant; or (c) the foreign court did not have jurisdiction over the subject matter; or (d) the defendant in the proceedings in the foreign court did not receive notice of the proceedings in sufficient time to enable him to defend; or (e) the judgment was obtained by fraud; or (f) the cause of action on which the judgment is based is repugnant to the public policy of this state; or (g) the judgment conflicts with another final and conclusive judgment; or (h) the proceedings in the foreign court were contrary to an agreement between the parties under which the dispute in question was to be settled otherwise than by proceedings in that court; or (i) in the case of jurisdiction based only on personal service, the foreign court was a seriously inconvenient forum for the trial of the action; or

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(j) the party seeking to enforce the judgment fails to demonstrate that judgments of courts of the United States and of states thereof of the same type and based on substantially similar jurisdictional grounds are recognized and enforced in the courts of the foreign state. Section 5. Personal Jurisdiction. (a) A foreign judgment shall not be refused recognition for lack of personal jurisdiction if: (1) the defendant was served personally in the foreign state; or (2) the defendant voluntarily appeared in the proceedings, other than for the purpose of protecting property seized or threatened with seizure in the proceedings or of contesting the jurisdiction of the court over him; or (3) the defendant, prior to the commencement of the proceedings, had agreed expressly in writing to submit to the jurisdiction of the foreign court, with respect to the subject matter involved in such proceedings, in an action by the party seeking to enforce the judgment; or (4) the defendant was domiciled in the foreign state when the proceedings were instituted, or, being a body corporate, then had its principal place of business or was incorporated in the foreign state; or (5) the defendant had a business office in the foreign state and the proceedings in the foreign court involved a cause of action arising out of business done by the defendant through that office in the foreign state; provided, however, that a business office in the foreign state which is maintained for the transaction of business by a subsidiary corporation of the defendant but which is not held out as a business office of the defendant shall not be deemed to be a business office of the defendant; or (6) the defendant operated a motor vehicle or airplane in the foreign state and the proceedings involved a cause of action arising out of such operation.

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(b) The courts of this state may recognize other bases of personal jurisdiction; provided, however, that if the proceedings in the foreign court involved a cause of action arising out of business activities in the foreign state, the judgment shall not be recognized unless there is a basis for personal jurisdiction as specified in subsection (a) of this section. Section 6. Stay in Case of Appeal. If the defendant satisfies the court either that an appeal is pending or that he is entitled and intends to appeal from the foreign judgment, the court may stay the proceedings until the appeal has been determined or until the expiration of a period of time sufficient to enable the defendant to prosecute the appeal. Section 7. Saving Clause. This Act does not prevent the recognition of a foreign judgment in situations not covered by this Act. Section 8. Short Title. This Act may be cited as the Georgia Foreign MoneyJudgments Recognition Act. Section 9. Effective Date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval and shall apply to any proceedings then pending or thereafter instituted in the courts of this state to enforce a foreign judgment, whenever obtained. Section 10. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1975. CRIMESCRIMINAL ISSUANCE OF A BAD CHECK DEFINED, ETC. Code 26-1704 Amended. No. 172 (House Bill No. 91). An Act to amend Code section 26-1704, relating to bad checks, so as to define the offense of criminal issuance of

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a bad check; to provide prima facie evidence of such offense; to provide punishments for such offense; to provide for extradition of certain persons committing such offense; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 26-1704, relating to bad checks, is hereby amended by striking said Code section in its entirety and substituting in lieu thereof a new Code section 26-1704 to read as follows: 26-1704 Bad checks. (a) A person commits criminal issuance of a bad check when he makes, draws, utters, or delivers a check, draft, or order for the payment of money on any bank or other depository in exchange for a present consideration or wages, knowing that it will not be honored by the drawee. For the purposes of this Section, it is prima facie evidence that the accused knew that the instrument would not be honored, if: (1) The accused had no account with the drawee at the time the instrument was made, drawn, uttered, or delivered; or (2) Payment was refused by the drawee for lack of funds, upon presentation within 30 days after delivery and the accused failed to make good within 10 days after receiving notice of that refusal or after a certified letter notifying the drawer of the refusal is sent to the drawer at the address given by the drawer to the payee when the check was drawn or if no address was given by the drawer, to the address printed on the check. (b) Except as provided in subsection (c), a person who commits criminal issuance of a bad check shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. (c) A person who commits criminal issuance of a bad check by the making, drawing, uttering or delivering of a check draft or order on a bank of another state shall be

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guilty of a felony and upon conviction thereof shall be punished by imprisonment for not less than one nor more than five years or by a fine in an amount of up to one thousand dollars, or both. (d) The prosecuting authority of the court with jurisdiction over a violation of Subsection (c) may seek extradition for criminal prosecution of any person, not within this State, who flees the State to avoid prosecution under this section. Section 2. Nothing contained herein shall be deemed nor construed to repeal or amend in any manner the provisions of Code section 13-9933. Section 3. In the event any part, clause, sentence, or section is declared or adjudged invalid or unconstitutional such adjudication shall not affect other clauses, sentences or sections. Severability. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1975. GEORGIA LAND SALES ACT OF 1972 AMENDED. No. 173 (House Bill No. 285). An Act to amend an Act known as the Georgia Land Sales Act of 1972, approved March 31, 1972 (Ga. L. 1972, p. 638), so as to provide for a definition of business day; to provide that the Secretary of State may accept the property report filed with the Office of Interstate Land Sales Registration; to provide for notice to the purchaser of rescission rights; to provide for rescission rights; to repeal the provision relating to waiver of revocation rights; to repeal the provision relating to waiver of revocation rights because of on-site inspection; to provide for stability, continuity, and security of titles to real estate; to provide for revision of certain property reports; to

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provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Georgia Land Sales Act of 1972, approved March 31, 1972 (Ga. L. 1972, p. 638), is hereby amended by adding to section 1 thereof a new subsection (h) as follows: (h) `Business day' is defined as any calendar day except Sunday, or the following business holidays: New Year's Day; Lee's Birthday; Washington's Birthday; Confederate Memorial Day; National Memorial Day; Jefferson Davis' Birthday; Independence Day; Labor Day; Columbus Day; Veterans' Day; Thanksgiving Day; and Christmas Day. Business day defined. Section 2. Said Act is further amended by striking from section 3 thereof paragraph (7) of subsection (h) in its entirety and inserting in lieu thereof the following language: (7) The Secretary of State may accept as the Property Report required under this section the Property Report covering the subdivision filed with the Office of Interstate Land Sales Registration of the Department of Housing and Urban Development; provided, however, that the Secretary of State may require additional information to be furnished to the purchaser at the time he is given the Property Report. Property report. Section 3. Said Act is further amended by striking from section 3 thereof, paragraph (8) of subsection (h), relating to notice to the buyer, in its entirety, and substituting in lieu thereof a new paragraph (8), to read as follows: (8) (a) There shall be printed on the front cover of each Property Report the following language in 10-point type: Notice. `Unless you received this property report prior to or at the time you enter into a contract, you may void the contract by notice to the seller.

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If you received the Property Report less than 48 hours prior to signing a contract or agreement you have until midnight of the third business day following the consummation of the transaction to revoke your contract by notice to the seller.' (b) The notice referred to in the preceding paragraph (a) shall be printed on the top two-thirds of the first page (cover sheet) of the Property Report, with the additional requirement that the following shall be overprinted in light red type of the style used to mark sample documents, in letters one-half inch in size with one-half inch spaces between lines: `PURCHASER SHOULD READ THIS DOCUMENT BEFORE SIGNING ANYTHING.' Section 4. Said Act is further amended by striking from section 8, relating to receipt of the Property Report, the second sentence, beginning with the word If and substituting in lieu thereof the following: If such a report is not given at least 48 hours prior to such execution, the purchaser may rescind the contract by notice to the seller until midnight of the third business day following the consummation of the transaction., so that when so amended, the first two sentences of section 8 of the Act shall read as follows: Section 8. A copy of the Property Report, when a certificate of registration is granted by the Secretary of State, shall be given by the owner, subdivider or agent to each prospective purchaser prior to the execution of any binding contract or agreement for the sale of any lot or parcel in the subdivision. If such a report is not given at least 48 hours prior to such execution, the purchaser may rescind the contract by notice to the seller until midnight of the

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third business day following the consummation of the transaction. Property report. Section 5. Said Act is further amended by striking from section 8, relating to receipt of the Property Report, the fourth sentence, beginning with the word Any and substituting in lieu thereof the following: Any such election by the purchaser to void the contract or agreement must be made within three business days after the consummation of the transaction., so that when so amended, the third and fourth sentences of section 8 of the Act shall read as follows: A receipt in duplicate shall be taken from each purchaser evidencing compliance with this provision. Any such election by the purchaser to void the contract or agreement must be made within three business days after the consummation of the transaction. Receipt. Section 6. Said Act is also amended by adding to subsection (h) of section 3 thereof the following additional paragraph: (9) Notwithstanding any other provisions of this Act, any Property Report filed with, certified by and registered with the Secretary of State before the enactment of this paragraph shall be deemed to have complied with this Chapter and to have been properly filed with, certified by and registered with the Secretary of State, so long as such Property Report complied with the requirements either of the laws of the United States or of the laws of this State at the time it was originally filed; provided, however, that within 30 days after the effective date of this paragraph, every Property Report required by this Chapter shall meet the requirements of this Chapter, as amended. Property, report. Section 7. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full

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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 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1975. SUPERVISOR OF PURCHASESGOODS, ETC., OF DIRECTOR OF CORRECTIONSPURCHASE PROVISIONS CLARIFIED. Code Chapter 40-19 Amended. No. 187 (Senate Bill No. 336). An Act to amend Code Chapter 40-19, relating to the Supervisor of Purchases, as amended, particularly by an Act approved March 29, 1937 (Ga. L. 1937, p. 503), so as to provide that before departments, institutions, and agencies for the State and its political subdivisions have to obtain all goods, wares, or merchandise from the Director of Corrections, the availability of such goods, wares or merchandise produced by inmates of penal, correctional, or eleemosynary administrations must be certified as available to the Supervisor of Purchases by the Director of Corrections; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. Code Chapter 40-19, relating to the Supervisor of Purchases, as amended, particularly by an Act approved March 29, 1937 (Ga. L. 1937, p. 503), is hereby amended by striking section 16 of said amendatory Act in its entirety and inserting in lieu thereof a new section 16 to read as follows: Section 16. All services provided or goods, wares or merchandise produced wholly or in part by the Georgia Correctional Industries and needed by the departments, institutions and agencies of the State and its political subdivisions supported wholly or in part by public funds shall be obtained from the Georgia Correctional Industries where such services, goods, wares or merchandise have been certified in writing to the Supervisor of Purchases by the Director of Corrections as available and of competitive quality and price. Where not certified as available from Georgia Correctional Industries, services, goods, wares or merchandise shall be obtained from other agencies or activities of the State which are legally authorized to engage in the provision of such and have certified the availability to the Supervisor of Purchases. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1975. MOTOR VEHICLE CERTIFICATE OF TITLE ACT AMENDEDFORECLOSURE OF MECHANICS' LIENS PROVIDED, ETC. No. 188 (Senate Bill No. 362). An Act to amend an Act known as the Motor Vehicle Certificate of Title Act, approved March 7, 1961 (Ga. L.

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1961, p. 68), as amended by an Act approved February 16, 1962 (Ga. L. 1962, p. 79), and by an Act approved March 17, 1969 (Ga. L. 1969, p. 92), so as to repeal the current provisions regarding the perfection and foreclosure of mechanics' liens on vehicles; to provide for a probable cause hearing and, if requested, a full hearing prior to foreclosure; to continue perfection and foreclosure of such liens and retention of possession under such liens; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Motor Vehicle Certificate of Title Act, approved March 7, 1961 (Ga. L. 1961, p. 68), as amended by an Act approved February 16, 1962 (Ga. L. 1962, p. 79), and by an Act approved March 17, 1969 (Ga. L. 1969, p. 92), is hereby amended by striking section 23 thereof in its entirety and inserting in lieu thereof a new section 23 to read as follows: Section 23. Mechanics' Liens. (a) All mechanics of every sort, for work done, or for work done and materials furnished, or for materials furnished, in repairing or servicing vehicles required to have a certificate of title by Section 6 of this Act, shall have a special lien on the same. Perfection of the lien by recording shall be as hereinafter provided. This lien may be asserted by retention of the vehicle and all contracts for repairs or service to such vehicles shall be deemed to incorporate a right of retention by the mechanic to protect this lien until it is paid or satisfied through foreclosure as hereinafter provided. The lien may also be asserted by surrendering the vehicle, giving credit, and foreclosing the lien claim in the manner herein provided. If he surrenders possession of the vehicle to the debtor, the mechanic shall record his claim of lien as provided in Section 21. Such special lien shall be superior to all liens except for taxes and such other liens and security interests of which the mechanic had actual or constructive notice before the work was done or material furnished. The validity of the lien against third parties shall be determined in accordance with the provisions of this Act.

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(b) If possession is retained or the lien recorded, the owner-debtor may contest the validity of the amount claimed to be due by making written demand upon the lienholder. If upon receipt of such demand the lienholder fails to institute foreclosure proceedings within ten days where possession has been retained, or within thirty days where possession has been surrendered, the lien is forfeited. (c) The aforesaid lien shall be foreclosed in the following manner: (1) A person asserting the lien, either for himself or as a guardian, administrator, executor, or trustee, may move to foreclose same by making an affidavit to a court of competent jurisdiction showing all the facts necessary to constitute a lien under this Act and the amount claimed to be due. (2) Upon such affidavit being filed, the clerk or a judge of the court shall serve notice upon the owner, recorded lienholders and lessee of the vehicle of a right to a hearing to determine if reasonable cause exists to believe that a valid debt exists and that said hearing must be petitioned for within five days after receipt of such notice and that if no petition for such hearing is filed within the time allowed, the lien will conclusively be deemed a valid one and foreclosure thereof allowed. (3) If a petition for a hearing is filed within the time allowed, the court shall set such a hearing within ten days of filing of the petition. If, at the probable cause hearing, the court determines that reasonable cause exists to believe that a valid debt exists, then the mechanic shall be given possession of the vehicle or the court shall obtain possession of the vehicle, as ordered by the court. The owner-debtor may retain possession of the vehicle by giving bond and security in the amount determined to be probably due and costs of the action. (4) Within five days of the probable cause hearing, the person defendant must petition the court for a full hearing on the validity of the debt if a further determination of the

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validity of the debt is desired. If no such petition is filed, the lien on the amount determined reasonably due shall conclusively be deemed a valid one and foreclosure thereof allowed. If such a petition is filed, the court shall set a full hearing thereon within thirty days of the filing of the petition. Upon the filing of such petition by the person defendant, neither the prosecuting mechanic nor the court may sell the vehicle, although possession of the vehicle may be retained. (5) If, after a full hearing, the court finds that a valid debt exists, then the court shall authorize foreclosure upon and sale of the property subject to said lien to satisfy said debt if said debt is not otherwise immediately paid. (6) If the court finds the actions of the mechanic in retaining or seeking possession of the vehicle were not taken in good faith, then the court, in its discretion, may award damages to the owner, agent, or lessee due to the deprivation of the use of the vehicle. (7) Any proceeding to foreclose a mechanic's lien on a vehicle must be instituted within one year from the time the lien is recorded or is asserted by retention. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1975. GEORGIA COMMISSION FOR THE NATIONAL BICENTENNIAL CELEBRATION ACT AMENDED. No. 198 (Senate Bill No. 89). An Act to amend an Act re-creating and reestablishing the Georgia Commission for the National Bicentennial Celebration,

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approved April 5, 1973 (Ga. L. 1973, p. 311), as amended by an Act approved March 21, 1974 (Ga. L. 1974, p. 430), so as to change the membership of said 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 re-creating and reestablishing the Georgia Commission for the National Bicentennial Celebration, approved April 5, 1973 (Ga. L. 1973, p. 311), as amended by an Act approved March 21, 1974 (Ga. L. 1974, p. 430), is hereby amended by adding to subsection (a) of section 1, following the words: the Director of the Department of Archives and History,, the following: the Commissioner of Agriculture, the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the Adjutant General of Georgia, the Commissioner of the Department of Public Safety,, and by striking from said subparagraph (a) of section 1 the figures (3) and the words three wherever the same may appear in said subsection and inserting in lieu thereof the figures (6) and the words six, so that when amended subsection (a) of section 1 shall read as follows: (a) The Georgia Commission for the National Bicentennial Celebration, created pursuant to a resolution creating said Commission, approved April 28, 1969 (Ga. L. 1969, p. 1074), is hereby re-created and reestablished within the office of the Secretary of State. Said Commission shall be composed of six members of the Senate to be appointed by the President of the Senate and six members of the House of Representatives to be appointed by the Speaker of the House of Representatives. There shall be fourteen members appointed by the Secretary of State, one from the membership of each of the following organizations;

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(1) Children of the American Revolution; (2) Daughters of the American Revolution; (3) Georgia Association of County Commissioners; (4) Georgia Business and Industry Association; (5) Georgia Historical Society; (6) Georgia Association of Historians; (7) Georgia Municipal Association; (8) Georgia Press Association; (9) Georgia State Chamber of Commerce; (10) Sons of the American Revolution; (11) Sons of the Revolution; (12) The Society of the Cincinnati in the State of Georgia; (13) The Georgia Association of Broadcasters; and (14) Georgia Regional Executive Directors Association; and six citizens from the State at Large; three to be appointed by the Governor, and three by the Secretary of State. The Secretary of State, the Director of the Department of Archives and History, the Commissioner of Agriculture, the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the Adjutant General of Georgia, the Commissioner of the Department of Public Safety, the State Superintendent of the Department of Education, the Commissioner of the Department of Community Development, the Commissioner of the Department of Natural Resources, the Commissioner of the Department of Transportation, the Governor's Advisor on the Arts, the Director of the Office of Planning and Budget; the Secretary

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of the Georgia Historical Commission, and the Chancellor of the University System of Georgia shall be ex officio members of the Commission. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1975. TEACHERS' RETIREMENT SYSTEMCOMPENSATION OF BOARD OF TRUSTEES CHANGED. No. 201. (Senate Bill No. 120). An Act to amend an Act establishing the Teachers' Retirement System of Georgia, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, so as to change the provisions relative to the composition of the Board of Trustees; 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, is hereby amended by striking from the beginning of subsection (2) of section 6 the following: The Board of Trustees shall consist of nine trustees as follows:, and inserting in lieu thereof the following: The Board of Trustees shall consist of ten trustees as follows:. Section 2. Said Act is further amended by striking the

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word ninth where it appears in paragraph (g) of subsection (2) of section 6 and inserting in lieu thereof the word, tenth and by redesignating said paragraph (g) as paragraph (h) of said subsection (2) and by adding a new paragraph (g) immediately preceding said redesignated paragraph (h) to read as follows: (g) One member shall be a retired school teacher to be elected by the Georgia Retired Teachers Association in the manner to be provided by rules and regulations of the Board of Trustees to govern such election. The first such member shall be elected to take office on July 1, 1975, for a term of three years. Successors to such member shall also serve for terms of three years. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1975. UNIFORM RULES OF THE ROAD ACT AMENDEDTRAFFIC MAY TURN RIGHT ON CERTAIN RED LIGHT. Code 68A-202 Amended. No. 203 (Senate Bill No. 166). An Act to amend Code Title 68A, known as The Uniform Rules of the Road, as amended, so as to permit vehicular traffic to turn right when facing a steady CIRCULAR RED signal under certain circumstances; 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 68A, known as The Uniform Rules of the Road, as amended, is hereby amended by striking in its entirety subsection (c) of Code section 68A-202, relating to the meaning of signal indications, and inserting in lieu thereof a new subsection (c) to read as follows: (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 subsections 2 and 3 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) Traffic, except pedestrians, facing a steady CIRCULAR RED signal, after stopping as provided in subsection (1), may make a right turn but shall yield the right-of-way to pedestrians and other traffic proceeding as directed by the signal at such intersection. Such vehicular traffic shall not make a right turn against a steady CIRCULAR RED signal at any intersection where a sign is erected prohibiting such right turn. (4) Unless otherwise directed by a pedestrian signal, pedestrians facing a steady CIRCULAR RED signal alone shall not enter the roadway. (5) 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

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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. (6) Unless otherwise directed by a pedestrian signal, pedestrians facing a steady RED ARROW signal indication shall not enter the roadway. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1975. CRIMESOBSCENE MATERIAL PROVISIONS CHANGED, ETC. Code 26-2101 Amended. No. 204 (Senate Bill No. 169). An Act to amend Code Section 26-2101, relating to distributing obscene materials, as amended by an Act approved April 1, 1971 (Ga. L. 1971, p. 344), so as to change the provisions relative to obscene materials; to provide that certain devices shall be obscene; to provide for certain affirmative defenses; to change the provisions relative to penalties; to provide for all matters relative to the foregoing; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 26-2101, relating to distributing obscene materials, as amended by an Act approved April 1, 1971 (Ga. L. 1971, p. 344), is hereby amended by striking said Code section in its entirety and substituting in lieu thereof a new Code section 26-2101 to read as follows:

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26-2101. (a) Distributing obscene materials. A person commits the offense of distributing obscene materials, when he sells, lends, rents, leases, gives, advertises, publishes, exhibits or otherwise disseminates to any person any obscene material of any description, knowing the obscene nature thereof, or offers to do so, or possesses such material with the intent to do so, provided that the word knowing, as used herein, shall be deemed to be either actual or constructive knowledge of the obscene contents of the subject matter, and a person has constructive knowledge of the obscene contents if he has knowledge of facts which would put a reasonable and prudent person on notice as to the suspect nature of the material. Provided, however, the character and reputation of the individual charged with an offense under this law, and if a commercial dissemination of obscene material is involved, the character and reputation of the business establishment involved may be placed in evidence by the defendant on the question of intent to violate this law. Undeveloped photographs, molds, printing plates and the like shall be deemed obscene notwithstanding that processing or other acts may be required to make the obscenity patent or to disseminate it. (b) Material is obscene if: (1) to the average person, applying contemporary community standards, taken as a whole, it predominantly appeals to the prurient interest, that is a shameful or morbid interest in nudity, sex or excretion; (2) the material taken as a whole, lacks serious literary, artistic, political or scientific value, and (3) the material depicts or describes, in a patently offensive way, sexual conduct specifically defined in subparagraphs (i) through (v) below: (i) acts of sexual intercourse, heterosexual or homosexual, normal or perverted, actual or simulated; (ii) acts of masturbation;

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(iii) acts involving excretory functions or lewd exhibition of the genitals; (iv) acts of bestiality or the fondling of sex organs of animals; (v) sexual acts of flagellation, torture or other violence indicating a sadomasochistic sexual relationship; (c) Additionally, any device designed or marketed as useful primarily for the stimulation of human genital organs is obscene material under this Code Section. (d) Material, not otherwise obscene, may be obscene under this Code Section if the distribution thereof, or the offer to do so, or the possession with the intent to do so is a commercial exploitation of erotica solely for the sake of their prurient appeal. (e) It is an affirmative defense under this Code Section that dissemination of the material was restricted to: (1) a person associated with an institution of higher learning, either as a member of the faculty or a matriculated student, teaching or pursuing a course of study related to such material; or (2) a person whose receipt of such material was authorized in writing by a licensed medical practitioner or psychiatrist. Section 2. A person convicted of distributing obscene material shall be punished as for a misdemeanor of a high and aggravated nature. 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

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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. If this Act is found unconstitutional, it is the intention of the General Assembly that the status of the law effected by its provisions shall be the same as if this Act never became law. Severability. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1975. PRACTICE OF NURSINGNEW PROVISIONS MADE. Code Chapter 84-10 Amended. No. 209 (Senate Bill No. 268). An Act to amend Code Chapter 84-10, relating to the practice of nursing, as amended by an Act approved January 31, 1946 (Ga. L. 1946, p. 89), an Act approved February 25, 1949 (Ga. L. 1949, p. 1192), section 1 of an Act approved March 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 333), an Act approved February 23, 1956 (Ga. L. 1956, p. 193), an Act approved March 9, 1956 (Ga. L. 1956, p. 691), and an Act approved March 21, 1974 (Ga. L. 1974, p. 496), by striking said Code Chapter in its entirety and substituting in lieu thereof a new Code Chapter 84-10, so as to comprehensively revise the law regulating the practice of nursing; to provide definitions; to define the term Joint Secretary, State Examining Boards; to create the Board of Nursing; to provide for initial membership of, appointments to, filling vacancies on and removal from the Board; to provide qualifications and terms of office of members of the Board; to provide for the composition of the Board; to provide for board meetings and officers; to provide for the powers of the Board; to authorize the

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Board to adopt, amend or repeal rules; to provide for an Executive Director of the Board; to provide for the compensation of members of the Board; to create an Advisory Council; to provide for the composition, terms of office, meetings, officers and duties of the Advisory Council; to provide for licenses to practice nursing as a registered professional nurse; to provide for temporary permits; to provide for reinstatement and renewal of licenses; to provide for fees; to provide for rosters of nurses; to restrict the use of certain titles and abbreviations; to authorize certain persons to practice as undergraduate nurses; to provide for exceptions to the provisions of this Chapter; to provide for injunctive relief; to authorize the Board to determine if a nurse has engaged in certain illegal acts; to amend Code section 84-9915, relating to nursing without a certificate from the Board of Examiners of Nurses for Georgia, so as to change the penalties for violating the provisions of Code Chapter 84-10; to repeal Code section 84-9916; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 84-10, relating to the practice of nursing, as amended by an Act approved January 31, 1946 (Ga. L. 1946, p. 89), an Act approved February 25, 1949 (Ga. L. 1949, p. 1192), section 1 of an Act approved March 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 333), an Act approved February 23, 1956 (Ga. L. 1956, p. 193), an Act approved March 9, 1956 (Ga. L. 1956, p. 691), and an Act approved March 21, 1974 (Ga. L. 1974, p. 496), is hereby amended by striking said Code Chapter in its entirety and substituting in lieu thereof, the following: 84-1001. Definitions. As used in this Chapter unless the context otherwise requires, the term: (a) `Board' means the Georgia Board of Nursing created in section 84-1002. (b) `Consumer' means a person who is a citizen of the United States and a resident of the State, who does not

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derive his or her primary livelihood from the health care field and who is not the spouse of one who derives his or her primary livelihood from the health care field. (c) `Joint Secretary, State Examining Boards' means the Joint Secretary, State Examining Boards, as provided in Code Chapter 84-1, as now or hereafter amended. (d) `Practice of nursing as a registered professional nurse' means the performance for compensation of any act in the observation, care, and counsel of the ill, injured, or infirm, or in the maintenance of health or prevention of illness of others, or in the administration of medications and medical treatments as prescribed by a physician practicing medicine in accordance with the provisions of Code Chapter 84-9, as now or hereafter amended, or dentist practicing dentistry in accordance with the provisions of Code Chapter 84-7, as now or hereafter amended, or podiatrist practicing podiatry in accordance with the provisions of Code Chapter 84-6, as now or hereafter amended, which requires substantial specialized judgment and skill based on knowledge and application of the principles of physical and psychosocial science, or the supervision and teaching of others to perform such acts. (e) `Practice of nursing by a licensed undergraduate nurse means the performance for compensation of selected acts in the care of the ill, injured, or affirm, under the direction of a licensed registered professional nurse or a physician practicing medicine in accordance with the provisions of Code Chapter 84-9, as now or hereafter amended, or a dentist practicing dentistry in accordance with the provisions of Code Chapter 84-7, as now or hereafter amended, or a podiatrist practicing podiatry in accordance with the provisions of Code Chapter 84-6, as now or hereafter amended. 84-1002. Board of Nursing. (a) Creation; Composition; Appointments; Terms of Office. The Georgia Board of Nursing is hereby created and shall consist of seven members. The initial membership of the Board shall consist of the five members of the Board of Examiners of Nurses for Georgia who are in office on the effective date of this

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Chapter and two persons licensed to practice nursing as registered professional nurses in Georgia appointed by the Governor, at least one of whom shall be appointed from a list of five nominees submitted for that purpose by the Georgia Nurses' Association, Inc. The initial members of the Board from the Board of Examiners of Nurses for Georgia shall be appointed to terms which correspond with the terms which they were serving. The other initial members shall be appointed to terms which shall expire on September 23, 1977, or until their successors are duly appointed and qualified. Annually thereafter, the Georgia Nurses' Association, Inc., shall submit to the Governor a list of nominees which shall include five times as many nominees as the number of vacancies occurring in that year on the Board. The Governor shall appoint members to fill the position held by members whose terms are expiring, with the confirmation of the Senate. Members, other than initial members, shall be appointed to three-year terms and until their successors are duly appointed and qualified. At least one appointment to fill an expiring term each year shall be from the list of nominees submitted by the Georgia Nurses' Association, Inc., for that year. No member shall be appointed to more than two consecutive full terms. (b) Vacancies; Removal from Office. A vacancy on the Board for any reason other than expiration of the term shall be filled for the remainder of the unexpired term by appointment by the Governor with the confirmation of the Senate. The Governor may remove from the Board any member for inability or neglect to perform the duties required of members of the Board, for incompetency, or for dishonest conduct. An appointment to fill a vacancy for an unexpired term of two or more years shall constitute an appointment for a full term. (c) Qualifications. All members appointed to the Board shall be licensed to practice nursing as a registered professional nurse in Georgia, shall have practiced nursing as a registered professional nurse for at least five years since graduation and immediately prior to appointment, shall be engaged in full or part-time paid employment in clinical, educational, or administrative positions, or any combination

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thereof, shall be citizens of the United States, and shall be residents of the State of Georgia. (d) Composition of the Board. No less than two members of the Board shall hold masters or doctoral degrees or the equivalent, or both. No less than two members shall have had experience in nursing service administration. At least one member shall have had experience in nursing education preparing nurses in the baccalaureate or graduate degree level. No two members of the Board shall be employed by the same private school, school within the University System of Georgia, division of the Department of Human Resources, other agency of State government, or other public or private employer. In the event a member of the Board changes employment which causes a conflict with this subsection, the position of the member making such change shall be vacant and a new member appointed to fill the vacancy. No appointment shall be made which would be in conflict with this subsection. 84-1003. Board Meetings; Officers. The Board shall meet annually in the last week of September and shall elect from its members a President and a Vice President and such other officers as the Board may deem necessary. All officers shall serve for terms of one year and until their successors shall have been elected and qualified. The Board may hold such other meetings during the year as may be necessary to transact its business. Five members of the Board shall constitute a quorum. 84-1004. Powers of the Board. The Board is authorized to: (a) Establish by rule standards and curricula for educational programs preparing persons to practice nursing as registered professional nurses; (b) Provide for surveys of educational programs preparing students to practice nursing as registered professional nurses at such times as it may deem necessary; (c) Approve such educational programs preparing students

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to practice nursing as registered professional nurses as meet the requirements of this Chapter and of rules of the Board; (d) Deny or withdraw approval from educational programs preparing students to practice nursing as registered professional nurses for failure to meet the provisions of this Chapter or rules adopted by the Board; (e) Examine, license, and renew the licenses of duly qualified applicants for licensure to practice nursing as a registered professional nurse; (f) Renew licenses of licensed undergraduate nurses in accordance with the provisions of this Chapter; (g) Conduct hearings upon charges calling for discipline of a licensee and, in the event the charges are substantiated, after notice and opportunity for hearing, to revocate, deny or suspend such licenses; (h) Keep a record of all its proceedings; (i) In conjunction with the Joint-Secretary, State Examining Boards, appoint, employ, fix compensation for, and define duties of a registered professional nurse with the qualifications specified in Code section 84-1005 to serve as Executive Director to the Board; (j) Prepare and submit to the Joint-Secretary, State Examining Boards, a budget sufficient to employ assistants to the Executive Director necessary to carry out the work of the Board; (k) Define duties and qualifications for the assistants to the Executive Director; (l) Have and use an official seal which shall bear the words `Georgia Board of Nursing'; (m) Issue to nurses licensed under this Chapter certificates under the seal of the Board evidencing such licensure

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and signed, either by hand or facsimile signature, by the President of the Board and the Joint-Secretary, State Examining Boards; and (n) Adopt, amend or repeal such rules consistent with the law, as may be necessary to enable it to carry into effect the provisions of this Chapter. 84-1005. The Executive Director of the Board shall be licensed to practice nursing as a registered professional nurse in Georgia; hold a masters or doctoral degree, or both; have had at least eight years' experience since graduation in nursing service or nursing education, or in a combination thereof; and have been active in the paid full or part-time practice of nursing as a registered professional nurse for at least five years immediately preceding appointment. The Executive Director of the Board shall not be a member of the Board. 84-1006. Compensation. Each member of the Board shall be entitled to receive the same compensation as provided for members of certain State boards and commissions in Section 4 of an Act providing for the compensation and allowance of certain State officials, approved April 13, 1973 (Ga. L. 1973, p. 701), as now or hereafter amended. 84-1007. Advisory Council. There is hereby created an Advisory Council of no more than 25 members which shall include one representative appointed by the Board of the Georgia Nurses' Association, Inc. Council of the Medical Association of Georgia Board of Trustees of the Georgia Hospital Association Board of the Georgia Nursing Home Association Board of the Georgia State League for Nursing Director of the Division of Physical Health of the Department of Human Resources Director of the Division of Mental Health of the Department of Human Resources;

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eight consumers, as defined in section 84-1001 (b), appointed by the Governor and no more than 10 additional members appointed by the Board, the initial terms of the consumer members and the members appointed by the Board shall be staggered so that as nearly as possible the terms of 1/3 of the consumer members and the members appointed by the Board shall expire annually. Thereafter, consumer members and the members appointed by the Board shall be appointed to terms of three years and may be reappointed to additional terms. The Council shall meet annually in September and elect such officers as the Council deems necessary, and shall meet at such other times as necessary. There shall be at least one meeting annually with the Board, and such other joint meetings as deemed necessary by members of the Board and the Council. The Council shall advise the Board concerning any and all matters coming within the purview of this Chapter which, in the opinion of the Council, shall be deemed desirable for Board consideration. The Council shall review proposed changes in the rules of the Board. Members of the Council shall receive no compensation for service or for expenses incurred in serving on the Council. 84-1008. License to Practice Nursing as a Registered Professional Nurse. (a) An applicant for a license to practice nursing as a registered professional nurse in Georgia as defined in this Chapter shall submit to the Board written evidence, verified by oath, that said applicant: (1) shall have completed a course of study and shall have been graduated from an educational program in nursing approved by the Board in accordance with this Chapter, or shall have completed a course of study and shall have been graduated from an educational program outside the State of Georgia or the United States which meets criteria similar to and not less stringent than those established by the Board; and

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(2) meets such other criteria as established by the rules of the Board. (b) Licensure: (1) By Examination. (A) The Board shall determine the proficiency of an applicant for a license to practice nursing as a registered professional nurse in Georgia to provide safe nursing care by means of such examinations as are approved by the Board and identified in the rules of the Board. To become eligible for licensure, applicants shall demonstrate satisfactory achievement, as defined by the Board, on such examinations. (B) An applicant who fails the examination twice shall be required to present satisfactory evidence to the Board that such applicant has completed a program of instruction in nursing or such other educational activity as prescribed by the Board before such applicant is admitted to a third examination. (C) Upon meeting standards of the Board through examination, and upon meeting other criteria established in this Chapter and in the rules of the Board, an applicant shall be licensed by the Board to practice nursing as a registered professional nurse as defined in this Chapter. (2) By Endorsement: (A) The Board may license a nurse to practice nursing as a registered professional nurse in Georgia by endorsement, without examination, who has been duly licensed to practice nursing as a registered professional nurse under the laws of another state or territory of the United States if in the opinion of the Board, at the time the applicant was licensed, the qualifications for licensure in the State of Georgia were met. (B) Applicants for licensure by endorsement, who have not been engaged in the active practice of nursing as a

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registered professional nurse at any time during the five years immediately prior to such application, shall successfully complete a program of instruction in nursing, approved by the Board, not more than six months prior to reinstatement. The Board may issue a temporary permit to practice nursing as a registered professional nurse to such applicants during the six-month period. Other criteria may be established by rules of the Board. (c) Temporary Permit: (1) A temporary permit to practice nursing as a registered professional nurse in this State may be issued, at the discretion of the Board, to nurses who hold a valid license in other territories or states of the United States, in accordance with rules and regulations adopted by the Board. (2) Upon showing proof of graduation from an approved program of study, a temporary permit to practice nursing as a registered professional nurse may be issued to an applicant for licensure by examination. A temporary permit shall expire when the next examination following the date of the issuance of the permit is graded and licenses issued to persons who passed. A temporary permit may be renewed if the applicant fails or for any reason is unable to take the first or second examination held after the applicant receives a temporary permit. A temporary permit shall not be issued to any applicant who fails or for any reason is unable to take the third examination after the applicant receives a temporary permit. (3) Temporary permits may be issued to nurses who hold licenses from outside the United States or its territories in accordance with section 84-1008(c) (2). (4) For the purposes of section 84-1008 (c) (2), a person holding a temporary permit on June 30, 1975, to practice as a registered nurse under the provisions of the former Code Chapter 84-10 shall be considered to have received his or her first temporary permit to practice nursing as a registered professional nurse on July 1, 1975, and shall be subject to the provisions of section 84-1008 (c) (2).

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(d) Applicants for reinstatement, who have not been engaged in the active practice of nursing as a registered professional nurse at any time during the five years immediately prior to such application, shall successfully complete a program of instruction in nursing, approved by the Board, not more than six months prior to reinstatement. The Board may issue a temporary permit to practice nursing as a registered professional nurse to such applicants during the six-month period. Other criteria for reinstatement may be determined by the rules of the Board. 84-1009. Fees. (a) The Board shall set reasonable fees, not to exceed fifty dollars, commensurate with the cost of fulfilling the statutory duties of the Board for the following: (1) Examination for licensure to practice nursing as a registered professional nurse. (2) Licensure to practice nursing as a registered professional nurse by endorsement. (3) Re-examination leading to licensure to practice nursing as a registered professional nurse. (4) Renewal of a license to practice nursing as a registered professional nurse. (5) Reinstatement of a license to practice nursing as a registered professional nurse. (6) Renewal of a license to practice nursing as a licensed undergraduate nurse. (b) No refund of fees will be made. (c) The license of every person licensed under the provisions of this Chapter shall be renewed biennially except as hereinafter provided. Procedure for renewal shall be clearly defined in the rules of the Board. (d) The biennial renewal fee shall not be required from the time a nurse notifies the Board that he or she is not

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engaged in the practice of nursing as a registered professional nurse and desires to become inactive or that he or she is a resident of another state until the time he or she begins to engage in the practice of nursing as a registered professional nurse or becomes a resident of the State. When a nurse, who has been inactive or a resident of another state, seeks to return to active status in the State, a reinstatement fee will be paid at a rate, not to exceed fifty dollars, established by rule adopted by the Board. 84-1010. Roster. The Board shall maintain an up-to-date roster of active nurses licensed to practice nursing as registered professional nurses and licensed undergraduate nurses. The Board shall also maintain an up-to-date roster of those persons who have been licensed to practice nursing in Georgia but who are either inactive or residents of another state. Such rosters shall be available for public inspection during regular business hours and may be copied or copies supplied at cost. 84-1011. Titles and Abbreviations. (a) Registered Professional Nurse. Any person who holds a license to practice nursing as a registered professional nurse in the State shall have the right to use the title `Registered Professional Nurse' and the abbreviation `R.N.' No other person, unless exempted from the requirement of licensure in the State by Code sections 84-1012(c) and (f), shall assume such title or use such abbreviation or any other words, letters, signs, or symbols to indicate that such person is licensed to practice nursing as a registered professional nurse in the State. (b) Licensed Undergraduate Nurse. Any person holding a license to practice as a licensed undergraduate nurse issued by the Board of Examiners of Nurses for Georgia and valid on July 1, 1975, shall hereafter be deemed to be licensed as a licensed undergraduate nurse under provisions of this Chapter and shall have the right to use the title `Licensed Undergraduate Nurse' and the abbreviation `L.U.N.' No other person shall assume such title or use such abbreviation or any other words, letters, signs or symbols to indicate that such person is a licensed undergraduate nurse. After July 1,

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1975, there shall be no new certificates issued for licensure to practice nursing as a licensed undergraduate nurse. 84-1012. Exceptions. The provisions of this Chapter shall not prohibit: (a) The furnishing of emergency aid; or (b) The practice of nursing as a registered professional nurse which is incidental to a program of study by students enrolled in nursing education programs preparing students to practice nursing as a registered professional nurse approved by the Board; or (c) The practice by any legally qualified registered professional nurse licensed in another state who is employed by the United States Government or any bureau, division, or agency thereof, while in the discharge of his or her official duties; or (d) The performance of auxiliary services in the care of patients, when such care and activities do not require the knowledge and skill required of a person practicing nursing as a registered professional nurse, and when such care and activities are performed under orders or directions of a licensed physician, licensed dentist, licensed podiatrist, or person licensed to practice nursing as a registered professional nurse; or (e) The gratuitous nursing of the sick by friends and members of the family; or (f) The practice of nursing as a registered professional nurse in cases of disaster in the State. 84-1013. Injunctive Relief. The practice of nursing as a registered professional nurse or as a licensed undergraduate nurse by any person who has not been issued a license under the provisions of this Chapter, who is not exempted from the provisions of this Chapter, or whose license has been suspended or revoked, or has expired, is hereby declared to be inimical to the public welfare and to constitute a public

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nuisance. The Board of Nursing may, through the Attorney General of the State of Georgia, or through a District Attorney, apply for an injunction in any court of competent jurisdiction to enjoin any person who has not been issued a license or whose license has been suspended or revoked or expired, from practicing nursing as a registered professional nurse or licensed undergraduate nurse, and, upon the filing of a verified petition in such court, the court of any judge thereof, if satisfied by affidavit, or otherwise, that such person is or has been practicing nursing as a registered professional nurse or licensed undergraduate nurse without having been issued a license, without being exempted from the provisions of this Chapter, or after his license has been suspended or revoked or expired, may issue a temporary injunction, enjoining the defendant from further practicing nursing as a registered professional nurse or licensed undergraduate nurse. The relief provided by this section shall be in addition to, and not in lieu of, all penalties and remedies otherwise provided by law. 84-1014. Notwithstanding any other provision of this Chapter or other law, the Board shall be the sole examining Board for determining if a nurse has engaged illegally in the practice of nursing. If a nurse is charged with the unauthorized practice of any other health profession by any other examining board, such board shall notify the Georgia Board of Nursing created by this Chapter, before any hearing and before taking any action. Nothing contained in this Section shall be construed to limit any powers of any other examining board. Section 2. Code section 84-9915, relating to nursing without a certificate from the Board of Examiners of Nurses for Georgia, is hereby amended by striking said Code Section in its entirety and substituting in lieu thereof, the following: 84-9915. Violation of Chapter 84-10, Relating to the Practice of NursingPenalties. (a) Unlawful Acts. It shall be a misdemeanor for any person, including any corporation, association or individual, to:

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(1) Sell or fraudulently obtain or furnish any nursing diploma, license, renewal or record or aid or abet therein; or (2) Practice nursing as a registered professional nurse or licensed undergraduate nurse as defined in Code Section 84-10 under cover of any diploma, license, or record illegally or fraudulently obtained or signed or issued unlawfully or under fraudulent representation; or (3) Practice nursing as a registered professional nurse or licensed undergraduate nurse as defined in Code section 84-1001 unless duly licensed to do so under the provisions of Code Chapter 84-10 or exempted from the provisions of said Code Chapter; or (4) Use in connection with his or her name any designation tending to imply that he or she is licensed to practice nursing as a registered professional nurse or licensed undergraduate nurse unless authorized to so practice under the provisions of Code Chapter 84-10; or (5) Practice nursing as a registered professional nurse or a licensed undergraduate nurse during the time his or her license issued under the provisions of this Chapter shall be suspended or revoked; or (6) Claim to conduct an educational program for the basic preparation of students to practice nursing as registered professional nurses unless such program has been approved by the Board; or (7) Willfully violate the provisions of Code Chapter 84-10 or rules of the Board. (b) Punishment. Upon conviction for violation of subsection (a), a person shall be punished as for a misdemeanor. Section 3. Code section 84-9916, relating to unlawfully claiming to be a registered professional nurse, is hereby repealed in its entirety.

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Section 4. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1975. GEORGIA MOTOR VEHICLE ACCIDENT REPARATIONS ACT AMENDEDNOTIFICATION OF CANCELLATION PROVISIONS CHANGED. No. 214 (House Bill No. 110). An Act to amend an Act known as the Georgia Motor Vehicle Accident Reparations Act, approved February 28, 1974 (Ga. L. 1974, p. 113), so as to provide that in cases in which the minimum insurance required by this Act is cancelled by the insurer, upon receipt of notification of such cancellation the Department of Public Safety shall send a notification to the owner of such motor vehicle that the Department has been informed of the fact of such cancellation; to provide that upon receipt of such form from the Department of Public Safety it shall be the duty of the owner of such motor vehicle, on such form provided by the Department of Public Safety, to notify the Department as to whether he has obtained the minimum insurance coverage required by this Act, indicating the insurance company with which any coverage has been obtained and the policy number or binder number; to

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provide for time periods; to provide for additional information; to provide that if such information is not received by the Department of Public Safety within the specified time period or if no minimum insurance coverage has been obtained the Department shall notify the owner of the motor vehicle to forward the motor vehicle operator's license of the owner and the motor vehicle license tag issued to such motor vehicle to the Department of Public Safety; to provide for seizure of such motor vehicle operator's licenses and motor vehicle license tags which are not forwarded as required; to provide for practices and procedures in connection with the foregoing; 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 known as the Georgia Motor Vehicle Accident Reparations Act, approved February 28, 1974 (Ga. L. 1974, p. 113), is hereby amended by striking section 12 in its entirety and inserting in lieu thereof a new section 12 to read as follows: Section 12. Proof of insurance. (a) 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. (b) In cases in which the minimum insurance required by this Act is cancelled by the insurer, upon receipt of notification of such cancellation the Department of Public Safety shall send a form to the owner of such motor vehicle that the Department has been informed of the fact of such cancellation. Upon receipt of such form the Department of Public Safety it shall be the duty of the owner of such motor vehicle, on such form provided by the Department of Public

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Safety, to notify the Department as to whether he has obtained the minimum insurance coverage required by this Act, indicating the insurance company with which any coverage has been obtained and the policy number or binder number. Such information shall be furnished to the Department of Public Safety within 15 days of the date on which such notification was mailed by the Department. Such forms shall contain such additional information as may be required by the Department of Public Safety. If such information is not received by the Department of Public Safety within the specified time period or if no minimum insurance coverage has been obtained the Department shall notify the owner of the motor vehicle to forward the motor vehicle operator's license of the owner and the motor vehicle license tag issued to such motor vehicle to the Department of Public Safety. If such motor vehicle operator's license or motor vehicle license tag is not received by the Department of Public Safety within 10 days following such notice, the Commissioner of Public Safety shall forthwith direct any member of the Georgia State Patrol or any peace officer to secure possession of such license or tag and return the same to the Commissioner. In compelling the surrender of such operator's license and motor vehicle license tags to the Commissioner of Public Safety, the same practices and procedures governing the surrender of motor vehicle operators' licenses under the provisions of an Act providing for the giving of security by owners and operators of motor vehicles, approved February 21, 1951 (Ga. L. 1951, p. 565), as the same may now or hereafter be amended, shall be followed as closely as practicable. Upon satisfactory proof of compliance with the provisions of this Act, the Commissioner shall return any operator's license and motor vehicle license tag surrendered or seized under the provisions of this section to the owner of such motor vehicle. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1975.

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GEORGIA CORRECTIONAL INDUSTRIES ADMINISTRATION ACT AMENDEDCOMPOSITION CHANGES. No. 218 (House Bill No. 166). An Act to amend an Act known as the Georgia Correctional Industries Act, approved March 17, 1960 (Ga. L. 1960, p. 880), as amended, so as to change the composition of the Georgia Correctional Industries Administration; 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 Georgia Correctional Industries Act, approved March 17, 1960 (Ga. L. 1960, p. 880), as amended, is hereby amended by striking Section 3 which reads as follows: Section 3. The Administration shall be composed ex officio of the Governor, the members of the State Board of Corrections and the State Supervisor of Purchases. Such members shall receive no compensation for their services and shall not be reimbursed for expenses incurred in their services. The Administration shall have power to perfect its own organization and to adopt such rules and by-laws as may be necessary for its government. The Administration shall elect a chief executive officer who shall be the Director of Corrections., in its entirety and substituting in lieu thereof a new section 3 to read as follows: Section 3. (a) The Administration shall be composed of the Commissioner of Offender Rehabilitation and six members to be appointed as follows: two members from industry to be appointed by the Governor; one member from labor to be appointed by the Commissioner of Labor; one member from the Department of Administrative Services to be appointed by the Commissioner of the Department of Administrative Services; one member to be appointed by

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the President of the Senate; and one member to be appointed by the Speaker of the House of Representatives. (b) The first appointive members shall be appointed as provided in subsection (a) to take office on July 1, 1975. Of the members first appointed, the terms of the two members representing industry shall expire on June 30, 1979. Thereafter, their successors shall hold office for terms of four years and until the appointment and qualification of their successors. The terms of the remaining members first appointed shall expire June 30, 1977. Thereafter, their successors shall hold office for terms of two years and until the appointment and qualification of their successors. Vacancies occurring in the membership shall be filled in the same manner that original members are appointed for the remainder of the unexpired term. (c) The Administration shall meet regularly at least four times during each State fiscal year and may meet at other times on the call of the Chairman. At the first meeting held during each fiscal year, the Administration shall elect a Chairman from its own membership and such other officers, from its own membership, as the Administration deems necessary or appropriate. Four members of the Administration, including the Chairman, shall constitute a quorum for the transaction of business, but a majority vote of the members shall be necessary for the Administration to take official action. Except as provided herein, the Administration shall have power to perfect its own organization and to adopt such rules and bylaws as may be necessary for its government. (d) The members of the Administration shall receive no compensation for their services as such but shall be reimbursed for actual and necessary expenses incurred by them in attending meetings of the Administration and in otherwise carrying out their official duties. The funds necessary for meeting the expenses as provided for herein shall come from funds available to the Division of Georgia Correctional Industries. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1975.

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MINIMUM SALARIES OF COUNTY SHERIFFS CHANGED. No. 232 (House Bill No. 292). An Act to amend an Act to provide minimum salaries for the county sheriffs of the State of Georgia to be paid from county funds, approved April 2, 1971 (Ga. L. 1971, p. 380), so as to change the amount of such minimum salaries; to remove certain requirements relating to the effective date of certain salary increases; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to provide minimum salaries for the county sheriffs of the State of Georgia to be paid from county funds, approved April 2, 1971 (Ga. L. 1971, p. 380), is hereby amended by striking section 1 thereof in its entirety and substituting in lieu thereof a new section 1 to read as follows: Section 1. Any other provisions of law to the contrary notwithstanding, the minimum annual salary of each sheriff in 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 sheriff shall receive an annual salary, payable in equal monthly installments from the funds of his county, of not less than the amount fixed in the following schedule: Population Minimum Salary 0 - 5,999 $ 9,100 6,000 - 11,999 11,700 12,000 - 19,999 13,000 20,000 - 29,999 14,300 30,000 - 39,999 15,600 40,000 - 49,999 16,900 50,000 - 99,999 18,200 100,000 - 199,999 19,500 200,000 - and up 20,800.

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Section 2. Said Act is further amended by striking section 4 thereof, which reads as follows: Section 4. Any increase in pay resulting from the provisions of this Act shall not be effective with respect to any sheriff during his current term of office. in its entirety. Section 3. This Act shall become effective on July 1, 1975. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1975. JUNIOR COLLEGE ACT OF 1958 AMENDED. No. 235 (House Bill No. 351). An Act to amend an Act known as the Junior College Act of 1958, approved February 20, 1958 (Ga. L. 1958, p. 47), as amended, particularly by an Act approved March 27, 1972 (Ga. L. 1972, p. 538), so as to change the provisions relative to payments by the Board of Regents to certain local operating authorities; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Junior College Act of 1958, approved February 20, 1958 (Ga. L. 1958, p. 47), as amended, particularly by an Act approved March 27, 1972 (Ga. L. 1972, p. 538), is hereby amended by striking section 4 in its entirety and substituting in lieu thereof a new section 4 to read as follows: Section 4. There shall be paid to every local operating authority which shall have established a junior college under

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the provisions of this Act, and upon which construction had commenced prior to January 1, 1964, and which is not operated as a unit of the University System of Georgia under the Board of Regents, an amount which shall be determined on the basis of a budget for each fiscal year developed pursuant to a formula agreed upon by the local operating authority, the Director of the Office of Planning and Budget and the Legislative Budget Analyst. Budgets prepared pursuant to this authority shall be for expenses incurred by a junior college for educational and general expenditures as set forth in the latest edition of the publication entitled, `College and University Business Administration'. Such formula shall include financial participation from the local operating authority to include student matriculation fees and funds derived from not less than one-half nor more than a three-fourths mill tax established by the local operating authority on the ad valorem tax digest of its political subdivision. No State funds shall be appropriated for capital construction. Expenditure under this Act shall be audited annually by the State Department of Audits and Accounts. Section 2. This Act shall be effective for the purpose of appropriations by the General Assembly and for all other purposes for the 1976-77 fiscal year and thereafter. This Act shall be effective for the purposes of planning and the preparation of budgets in conformity with the provisions of this Act on July 1, 1975, and thereafter. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1975. GEORGIA AGRIRAMA DEVELOPMENT AUTHORITYMEMBERSHIP ENLARGED. No. 236 (House Bill No. 352). An Act to amend an Act creating the Georgia Agrirama Development Authority, approved April 7, 1972 (Ga. L.

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1972, p. 1161), so as to enlarge the membership of the Georgia Agrirama Development Authority; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Georgia Agrirama Development Authority, approved April 7, 1972 (Ga. L. 1972, p. 1161), is hereby amended by striking section 3 in its entirety and substituting thereof a new section 3, to read as follows: Section 3. The Authority shall consist of seventeen (17) members as follows: Members. (a) Dean and Coordinator of the College of Agriculture; (b) Commissioner of Agriculture; (c) President, Georgia Farm Bureau Federation; (d) Chairman, Senate Agriculture Committee; (e) Chairman, House Agriculture Committee; (f) Director of Tourism of Industry and Trade; (g) Director, Coastal Plains Planning Commission; (h) Director, Coastal Plains Experiment Station; (i) President, Chamber of Commerce of Tifton; (j) Executive Secretary, Historical Commission; (k) State Supervisor of Vocational Agriculture; (l) A member of the Public Service Commission to be appointed by the Governor; (m) President, Ag Alumni Association; (n) Secretary-Treasurer, Ag Alumni Association; (o) The Senator representing that portion of Tift County in which the Agrirama Project is located; (p) The two Representatives from the district encompassing Tift County. The Authority shall elect one of its members as chairman

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and another as vice-chairman. It shall also elect a secretary and a treasurer who need not be members. The office of secretary and treasurer may be combined in one person. The Authority may make such bylaws for its government as is deemed necessary, but is under no duty to do so. Any six members of the Authority shall constitute a quorum necessary for the transaction of business, and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted to the Authority by this Act. No vacancy on the Authority shall impair the right of a quorum to transact any and all business as aforesaid. The members shall receive no compensation for their services but all members shall be entitled to be reimbursed for actual expenses, including travel and any other expenses, incurred while in the performance of their duties. Employees of the Authority shall receive reasonable compensation, to be determined by the members of the Authority for their services. The Attorney General shall provide legal services for the Authority and in connection therewith the provisions of an Act providing that the Attorney General shall be vested with authority and jurisdiction in matters of law relating to State Authorities, approved April 17, 1969 (Ga. L. 1969, p. 484), shall be fully applicable. Section 2. This Act shall become effective upon its approval by the Governor or upon its otherwise becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1975.

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REVENUECERTAIN COUNTIESTIME FOR MAKING TAX RETURNS CHANGED (15,000 - 15,500). Code 92-6201 Amended. No. 237 (House Bill No. 362). An Act to amend Code section 92-6201, relating to the time to make tax returns, as amended, so as to change the time for making tax returns in certain counties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 92-6201, relating to the time to make tax returns, as amended, is hereby amended by adding at the end thereof a new paragraph to read as follows: Notwithstanding any other provisions of Georgia law, the tax receiver, tax commissioner or other person authorized to receive tax returns for each county in this State having a population of not less than 15,000 and not more than 15,500, according to the United States Decennial Census of 1970 or any future such census, shall open his books for the return of taxes on the second day of January and close them on the fifteenth day of February each year. Code 92-6201 amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1975. ATLANTA JUDICIAL CIRCUITSALARY OF ASSISTANT DISTRICT ATTORNEYS FIXED BY DISTRICT ATTORNEY. No. 241 (House Bill No. 370). An Act to amend an Act abolishing the fee system in the Superior Court of the Atlanta Judicial Circuit as applied

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to the office of the solicitor-general of said circuit, approved August 11, 1924 (Ga. L. 1924, p. 255), as amended, particularly by an Act approved March 23, 1972 (Ga. L. 1972, p. 378), and by an Act approved April 17, 1973 (Ga. L. 1973, p. 787), so as to provide that the compensation of the assistant district attorneys shall be fixed by the district attorney within specified limits; to provide that the maximum limits so fixed shall not be exceeded without the concurrence of the Board of Commissioners of Fulton County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the fee system in the Superior Court of the Atlanta Judicial Circuit as applied to the office of the solicitor-general of said circuit, approved August 11, 1924 (Ga. L. 1924, p. 255), as amended, particularly by an Act approved March 23, 1972 (Ga. L. 1972, p. 378), and by an Act approved April 17, 1973 (Ga. L. 1973, p. 787), is hereby amended by striking the second paragraph in section 5 in its entirety and substituting in lieu thereof the following: The salaries of all of the assistant district attorneys shall be fixed by and in the discretion of the district attorney of the Atlanta Judicial Circuit at not less than $10,000.00 nor more than $23,000.00 per annum and said maximum amount shall not be exceeded without the concurrence of the Board of Commissioners of Fulton County. All such salaries so fixed shall be paid in equal monthly installments out of the treasury of Fulton County as part of the operating expenses of the Court, the funds therefor to be provided in the same manner as the other operating expenses of said Court. The district attorney may in writing designate any assistant district attorney compensated in whole or in part by Fulton County as first assistant district attorney, who shall, when and while so designated and acting for the district attorney, have the same powers and duties as the district attorney. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply for local legislation at the regular session of the General Assembly of Georgia convening in January, 1975, to amend an Act abolishing the fee system in the Superior Court of the Atlanta Judicial Circuit as applied to the office of the solicitor-general of said circuit, approved August 11, 1924, (Ga. L. 1924, p. 255), and the acts amendatory thereof, and for other purposes. Lewis R. Slaton District Attorney Atlanta Judicial Circuit Publisher's Affidavit. Georgia, Fulton County. Before me, the undersigned, a Notary Public, this day personally came Frank Kempton, who, being first duly sworn, according to law, says that he is the President of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 16, 23, 30 days of December, 1974, as provided by law. /s/ Frank Kempton Subscribed and sworn to before me this 3 day of January, 1975. /s/ Mildred N. Lazenby Notary Public, Georgia State at Large. My Commission Expires Oct. 15, 1975. (Seal). Approved April 17, 1975.

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BUYING SERVICES ACT OF 1975. No. 246 (House Bill No. 430). An Act to be known as the Buying Services Act of 1975; to provide for a short title; to provide for definitions; to regulate and control buying services and buying clubs; to provide for the licensing of buying services and buying clubs by the Commissioner of Agriculture; to provide for certain conditions upon the issuance of licenses; to provide for applications and fees; to provide for revocation, suspension and nonrenewal of licenses; to require prior approval of certain contracts; to provide for a right of cancellation of certain contracts; to provide certain requirements regarding content of certain contracts; to provide limitations on the period of certain contracts; to require the keeping of accounts, books and records; to provide for injunctions; to provide for the adoption of rules, regulations and orders; to provide penalties; to provide for all other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Short title. This Act shall be known and may be cited as the Buying Services Act of 1975. Section 2. Definitions. As used in this Act: (a) Buying service, buying club or club means any corporation, partnership, unincorporated association or other business enterprise which is organized for profit with the primary purpose of providing benefits to members from the cooperative purchase of services or merchandise and which desires to effect such purpose through direct solicitation or other business activity in this State. (b) Member means a status by which any natural person is entitled to any of the benefits of a buying service or buying club. (c) Prepayment means any payment over $25.00 for

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service or merchandise made before the service is rendered or the merchandise is received. Payment for service made on the same day the service is rendered is not prepayment. Money received by a club from a financial institution upon assignment of a contract is prepayment when and to the extent the member is required to make prepayments to the financial institution pursuant to the contract. (d) Business day means any day other than a Saturday, Sunday or legal holiday. (e) Contract means any contract or agreement by which a person becomes a member of a buying service or club. (f) Commissioner means the Commissioner of Agriculture of the State of Georgia. Section 3. Buying services and clubs; license as condition of doing business. No buying service or club, nor any officer, official, employee or agent thereof shall sell, advertise or solicit the sale or purchase of memberships or contracts within the State of Georgia without having first obtained a license to do business in the State from the Commissioner of Agriculture. Section 4. Buying services and clubs; conditions upon issuance of license; bond. As a condition to the issuance or retention of a license required by this Act, each buying service or club shall: (a) Comply with such reasonable conditions for the issuance of a license as may be required by the Commissioner pursuant to the provisions of this Act. (b) Maintain a bond in the amount of $25,000.00 with a surety company duly authorized to do business in this State or post a cash bond in such amount, payable to the Governor of the State, in either case such bond to be for the use and benefit of any person who has entered into a contract for membership in a buying service or club. Such bond shall be conditioned to pay all losses, damages and expenses that may be sustained by such member occasioned by reason of any

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fraudulent misrepresentation or by reason of any breach of contract by the club. Section 5. Applications for license; fee. Application for a license as a buying service or club shall be made on forms prescribed by the Commissioner and shall contain such information and supporting documents as he may require. Licenses shall be issued for a period of one year and shall be renewable within 94 days preceding the expiration thereof. The fee for a license or the renewal thereof shall be $50.00, payable to the Commissioner for deposit by the Department of Administrative Services in the general fund of the State. Section 6. Revocation, suspension and nonrenewal of licenses. Licenses issued under the provisions of this Act may be revoked or suspended or not renewed by the Commissioner for any violation of the substantive provisions of this Act; for a violation of any rule or regulation issued by the Commissioner pursuant to this Act; or for the violation of any law of this State. Licenses shall be revoked or suspended by the Commissioner only following notices and hearings pursuant to the provisions of the Georgia Administrative Procedure Act, as the same may now or hereafter be amended. Section 7. Contracts of buying services and clubs; prior approval. No contract of membership shall be used by any buying service or club unless such contract is first approved by the Commissioner as to form. Any contract or agreement used in violation of the provisions of this Section shall be null, void and of no effect. Section 8. Contracts of buying services and clubs; right of cancellation. Any person who has elected to become a member of a club may cancel such membership by giving written notice of cancellation any time before midnight of the third business day following the date on which membership was attained. Notice of cancellation may be given personally or by mail. If given by mail, the notice is effective upon deposit in a mailbox, properly addressed and postage prepaid. Notice of cancellation need not take a particular

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form and is sufficient if it indicates, by any form of written expression, the intention of the member not to be bound by the contract. Cancellation shall be without liability on the part of the member and the member will be entitled to a total refund, within ten days after notice of cancellation is given, of the entire consideration paid for the contract. Rights of cancellation may not be waived or otherwise surrendered. Section 9. Contracts of buying services and clubs; requirements; notice. (a) A copy of every contract shall be delivered to the member at the time the contract is signed. Every contract must be in writing, must be signed by the member, must designate the date on which the member signed the contract and must state, clearly and conspicuously in bold face type of a minimum size of fourteen points, the following: MEMBERS' RIGHT TO CANCEL If you wish to cancel this contract, you may cancel by delivering or mailing a written notice to the club. The notice must say that you do not wish to be bound by the contract and must be delivered or mailed before midnight of the third business day after you sign this contract. The notice must be delivered or mailed to: (insert name and mailing address of club). If you cancel, the club will return, within ten days of the date on which you give notice of cancellation, a total refund. (b) Every contract which does not contain the notice specified in subsection (a) may be cancelled by the member at any time, without liability, by giving notice of cancellation by any means. Section 10. Contracts of buying services and clubs; limitation on period. No contract shall be valid for a term longer than 18 months from the date upon which the contract is signed. A club may, however, allow a member to convert his contract into a contract for a period longer than 18 months after the member has been a member of the club for a period of at least six months. The duration of the contract

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shall be clearly and conspicuously disclosed in the contract in bold face type of a minimum size of 14 points. Section 11. Buying services and clubs; accounts; books; records. Each buying service or club licensed in this State shall keep and maintain accurate accounts, books and records of all transactions in this State; copies of all agreements; dates and amounts of payments made and accepted thereon; and the names and addresses of all members in this State. Such accounts, books and records shall be open for inspection by the Commissioner or his delegates during normal business hours on all normal business days. Section 12. Injunctions. In addition to any other proceedings authorized by this Act, the Commissioner may bring a civil action in the superior courts to enjoin any violation or threatened violation of any provision of this Act or any rule, regulation or order issued by the Commissioner pursuant to this Act. Section 13. Rules, regulations and orders. The Commissioner is hereby authorized to promulgate, adopt and issue rules, regulations and orders necessary or convenient to carry out the provisions and purposes of this Act. Any such rules of a substantive nature shall be promulgated only when it is determined by the Commissioner, in the reasonable exercise of his discretion, on the basis of his expertise and facts, submissions, evidence, and all information before him that such rules are needed to prohibit or control acts or practices which create the probability of actual injury to consumers. No rule shall be promulgated where it is reasonably certain that the burden of complying with said rules will outweigh the public interest in prohibiting or controlling the practice which would be so prohibited or controlled. No such rule so promulgated shall be arbitrary or capricious nor shall its promulgation be characterized by an abuse of discretion or an unwarranted exercise of discretion. Section 14. Administrative procedure The provisions of the Georgia Administrative Procedure Act, as the same is now or hereafter amended, shall apply to all actions and

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proceedings of an administrative nature taken by the Commissioner pursuant to this Act. Section 15. Penalties. Any person, firm, corporation, organization, partnership, entity, buying club or buying service violating any provision of this Act shall be guilty of a misdemeanor and, upon conviction, shall be punished as for a misdemeanor. Section 16. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1975. LOOKOUT MOUNTAIN JUDICIAL CIRCUITSALARY OF COURT REPORTER CHANGED. No. 258 (House Bill No. 475). An Act to amend an Act providing a salary for the official court reporter of the Lookout Mountain Judicial Circuit, approved March 28, 1969 (Ga. Laws 1969, p. 207), so as to change the salary of said court reporter; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing a salary for the official court reporter of the Lookout Mountain Judicial Circuit, approved March 28, 1969 (Ga. L. 1969, p. 207), is hereby amended by striking the first unnumbered paragraph of section 1 in its entirety, and inserting in lieu thereof a new first unnumbered paragraph of section 1, to read as follows: The court reporter of the Lookout Mountain Judicial Circuit shall be paid an annual salary of $10,000.00, which shall be paid in equal monthly installments by the authority having charge of the fiscal affairs of the counties embracing said judicial circuit in the same manner as other county

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expenses are paid or upon the order of the presiding judges of said circuit. Walker County shall pay $4,800.00 per annum, Dade County shall pay $900.00 per annum, Chattooga County shall pay $1,400.00 per annum, and Catoosa County shall pay $2,900.00 per annum. Said salary compensation shall be in lieu of all fees and any other compensation provided by law for attending the superior courts in the counties comprising said judicial circuit as directed by the presiding judges of said circuit and the taking down of testimony in the trial of such criminal cases as are required by law to be recorded, including a committal court when ordered to do so by said judges at the request of the district attorney of said circuit. Salary. 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 1975 session of the General Assembly of the State of Georgia a bill to amend the Act providing for the Court Reporters of the Lookout Mountain Judicial Circuit so as to increase the amount of compensation to be paid said Court Reporters among the counties of the Lookout Mountain Judicial Circuit. E. Don Towns, Court Reporter Joe D. Randles, Court Reporter Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wayne Snow, Jr. who, on oath, deposes and says that he is Representative from

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the 1st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Catoosa County News which is the official organ of Catoosa County, on the following dates: January 23, 30 and February 6, 1975. /s/ Wayne Snow, Jr. Representative, 1st District Sworn to and subscribed before me this 6th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission, Expires Dec. 18, 1976. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1975 session of the General Assembly of the State of Georgia a bill to amend the Act providing for the Court Reporters of the Lookout Mountain Judicial Circuit so as to increase the amount of compensation to be paid said Court Reporters among the counties of the Lookout Mountain Judicial Circuit. E. Don Towns, Court Reporter; Joe D. Randles, Court Reporter. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wayne Snow, Jr. who, on oath, deposes and says that he is Representative from the 1st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Walker County Messenger which is the official organ of

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Walker County, on the following dates: January 22, 29 and February 5, 1975. /s/ Wayne Snow, Jr. Representative, 1st District Sworn to and subscribed before me this 6th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission, Expires Dec. 18, 1976. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1975 session of the General Assembly of the State of Georgia a bill to amend the Act providing for the Court Reporters of the Lookout Mountain Judicial Circuit so as to increase the amount of compensation to be paid said Court Reporters among the counties of the Lookout Mountain Judicial Circuit. E. Don Towns, Court Reporter; Joe D. Randles, Court Reporter. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wayne Snow, Jr. who, on oath, deposes and says that he is Representative from the 1st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dade County Sentinel which is the official organ of Dade County, on the following dates: January 23, 30 and February 6, 1975. /s/ Wayne Snow, Jr. Representative, 1st District

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Sworn to and subscribed before me this 6th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission, Expires Dec. 18, 1976. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1975 session of the General Assembly of the State of Georgia a bill to amend the Act providing for the Court Reporters of the Lookout Mountain Judicial Circuit so as to increase the amount of compensation to be paid said Court Reporters among the counties of the Lookout Mountain Judicial Circuit. E. Don Towns, Reporter Joe D. Randles, Court Reporter. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wayne Snow, Jr. who, on oath, deposes and says that he is Representative from the 1st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Summerville News which is the official organ of Chattooga County, on the following dates: January 23, 30, and February 6, 1975. /s/ Wayne Snow, Jr. Representative, 1st District Sworn to and subscribed before me this 6th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975.

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ADEQUATE PROGRAM FOR EDUCATION IN GEORGIA ACT AMENDED. No. 326 (House Bill No. 791). An Act to amend an Act known as the Adequate Program for Education in Georgia Act, approved March 26, 1974 (Ga. L. 1974, p. 1045), so as to clarify certain provisions and make certain technical corrections; to change certain provisions relative to special education, preschool education, adult education, allotment of elementary instructional specialists, the establishment of special programs of education, pupil transportation, public libraries, the calculated cost of instructional services, local support and year-round operation of schools; to repeal certain specific laws; 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 Adequate Program for Education in Georgia Act, approved March 26, 1974 (Ga. L. 1974, p. 1045), is hereby amended by striking section 5 in its entirety and substituting in lieu thereof a new section 5 to read as follows: Section 5. Special Education. (a) All children and youth who are eligible for the general education program, pre-school education, or who have special education needs and three and four year old children who are either physically, mentally or emotionally handicapped or perceptually or linguistically deficient shall also be eligible for special education services. Children, ages 0-5 years, whose handicap is so severe as to necessitate early education intervention may 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 their educational programs. This definition includes children

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who are intellectually gifted, mentally retarded, physically handicapped, speech handicapped, behaviorally disordered, hospital or homebound, handicapped by a specific learning disability, multihandicapped, autistic, hearing impaired, visually impaired and any other areas of special needs which may be identified. The State Board of Education shall adopt classification criteria 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, 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 special needs which may be identified. The State Board of Education may provide such educational and training services by: (1) contracting with or making grants to suitable private or public institutions, or with both public and private institutions, inside or outside the State of Georgia for the provision of such services;

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(2) 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 (3) 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 2. Said Act is further amended by striking subsection (b) of section 6 in its entirety and substituting in lieu thereof a new subsection (b) to read as follows: (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. Compensatory education. Section 3. Said Act is further amended by striking subsection (a) of section 7, which reads as follows: (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: (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

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physically, mentally or emotionally handicapped of perceptually or linguistically deficient., in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) A preschool program which shall be at least on a one-half day basis for a 180-day school year shall be made available to all children who have attained age 5 by September 1 of a fiscal year. Preschool program. Section 4. Said Act is further amended by striking section 8, which reads as follows: 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: (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., in its entirety and substituting in lieu thereof a new section 8 to read as follows: Section 8. Adult Education. (a) The State Board of Education shall maintain an Adult General Education Program within the State. This program shall provide instruction in basic skills and subjects to individuals 18 years of age

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and older who have left school and who have less than an eighth grade education or its equivalent. Instruction in a variety of skills and subjects may be provided for individuals who have more than an eighth grade education or its equivalent. Priority shall be given to elimination of illiteracy in the State and to the attainment of a General Educational Development (GED) equivalency diploma. Programs of general education for adults should serve to improve the ability of the individual to profit from occupational training and meet adult responsibilities more effectively. (b) The State Board of Education is hereby authorized and impowered to receive Federal funds allotted to Georgia under acts of Congress appropriating Federal funds for Adult Education. The Board shall establish policies, regulations, and standards relating to implementation and operation of general education programs for adults. To be eligible for State and Federal funds, all programs shall be operated in accordance with the State Board of Education policies, regulations, and standards. The provisions of any other Section of this Act notwithstanding, the State Board shall annually request of the General Assembly funds for Adult General Education and is hereby authorized to utilize such State and Federal funds to contract with local units of administration and other public agencies to finance Adult General Education for eligible individuals. Section 5. Said Act is further amended by striking the caption from subsection (b) of section 9 which read as follows: Funds for State schools for the deaf and blind. Section 6. Said Act is further amended by striking subsection (c) of section 9 in its entirety and substituting in lieu thereof a new subsection (c) to read as follows: (c) The State Board of Education shall annually determine the amount of funds needed for elementary and secondary programs operated within correctional institutions, hospitals, mental institutions and other such programs. The State Board of Education shall annually allot

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additional funds to local units of administration wherein State Boards maintain 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 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. Correctional institutions, etc. Section 7. Said Act is further amended by striking the caption from subsection (d) of section 9 which reads as follows: Student honors program., and by striking the caption from subsection (e) of section 9 which reads as follows: Educational research. Section 8. Said Act is further amended by adding a new subsection at the end of section 9 to be designated subsection (f) and to read as follows: (f) The State Board of Education may allot funds to local units of administration in accordance with a local plan for staff development to improve their personnel provided that the plan has been approved by the State Board. Funds for staff development shall be based on the number of professional units allotted by the State Board to local units of administration. The State Board shall be authorized to make payments for additional activities beyond the regular school day or year as an integral part of the plan for staff development.

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It is further provided that the State Board of Education may allot funds to support supervision and assessment activities for student teachers and beginning teachers in accordance with an approved program that meets standards established by the State Board. The supervision and assessment of student teachers and beginning teachers may include support to supplement the salaries of instructional personnel who supervise student teachers and beginning teachers. The State Board of Education is authorized to establish the rate for reimbursement of said salary supplements. Staff development. Section 9. Said Act is further amended by striking paragraph (2) of subsection (a) of section 10 which reads as follows: (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., in its entirety and by redesignating paragraph (3) of said subsection (a) of section 10 as paragraph (2) thereof. Section 10. Said Act is further amended by inserting in subsection (d) of section 10 between the word, Sections and the figure, 10 the following: 5, 7,, so that when so amended said subsection (d) shall read as follows: (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 5, 7, 10, 12, 20, 21, and 24. Section 11. Said Act is further amended by striking section 11, which reads as follows: 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

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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 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. in its entirety and substituting in lieu thereof a new section 11 to read as follows: Section 11. Career, Occupational and Vocational Education. (a) The State Board of Education shall maintain a comprehensive program of career, occupational and vocational education. The purpose of this program shall be to provide occupational training and retraining to meet the needs of individual citizens and the manpower needs of business and industry within the State. This program shall be designed to prepare individuals for gainful employment, including homemaking, as semiskilled or skilled workers or technicians or subprofessionals in recognized occupations and in new and emerging occupations and to prepare individuals

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for enrollment in advanced technical education programs. This program shall provide for vocational guidance and counseling, instruction related to the occupation or occupations for which the student is in training, and instruction necessary for students to benefit from such training. Activities related thereto may include, but shall not be limited to, vocational youth clubs; job placement and followup; leadership development; staff travel; student transportation; staff training and development; research, development and demonstration; special programs for handicapped, disadvantaged and gifted. (b) Any other section of this Act notwithstanding, the State Board shall annualy determine the amount of funds needed to provide career, occupational and vocational education programs for in-school youth and for out-of-school youth and adults, and shall annually request the General Assembly to make such appropriations as are needed. The State Board of Education is hereby authorized and impowered as the sole State agency to receive Federal funds allotted to Georgia under the Vocational Education Act or other Acts of Congress appropriating Federal funds for career, occupational or vocational education or for career, occupational and vocational education. (c) The provisions of any other section of this Act not-withstanding, the State Board of Education is hereby authorized to provide funds to local units of administration and to other State and local agencies to be used for career, occupational and vocational education programs. (d) The provisions of any other section of this Act not-withstanding, the State Board of Education may adopt such salary and salary supplement schedules deemed necessary to carry out the provisions of subsection (c) hereof and shall establish policies, regulations, and standards relating to and necessary for the implementation of this section. Section 12. Said Act is further amended by striking from the second sentence of section 12 the following: in the local units of administration, including special needs,

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so that when so amended section 12 shall read as follows: 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 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. Said Act is further amended by striking sections 13 and 14 in their entirety and substituting in lieu thereof new sections 13 and 14 to read as follows: Section 13. Instructional 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, including soft-covered as well as hard-covered text and library books and consumable as well as nonconsumable supplies, shall be determined by multiplying the number of instructional units allotted to the local unit under sections 5, 10 and 12 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, 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 and for special education classrooms. The State Board of Education shall

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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 14. Said Act is further amended by striking from section 15 the following: section 10 and inserting in lieu thereof the following: sections 5, 10 and 12, so that when so amended section 15 shall read as follows: 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 sections 10 through 17 shall be determined by multiplying the number of instructional units allotted to the local unit of administration under provisions of sections 5, 10 and 12 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 15. Said Act is further amended by inserting in section 16 between the word, sections and the figure 10 the following: 5,, so that when so amended section 16 shall read as follows: 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 sections 5, 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.

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Section 16. Said Act is further amended by striking paragraphs (1) and (2) of subsection (c) of section 21 in their entirety and substituting in lieu thereof new paragraphs (1) and (2) to read as follows: (1) preschool leadership positions on the basis of one to each 50 preschool instructional units; and (2) special education leadership positions on the basis of one to each 40 special education instructional units. Section 17. Said Act is further amended by striking subsection (a) of section 22 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (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 school lunch 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. School lunch program. Section 18. Said Act is further amended by striking subsection (a) of section 25 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (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

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transportation authorized by 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, and costs of transporting to preschool programs all handicapped students either by minibus or other such transportation used by nonhandicapped children, including costs for transportation for handicapped children who must travel across county lines or away from their own school district within the State. It is further provided that the costs of the regular pupil transportation program receive full funding before funds are provided for transportation of students 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. In establishing the schedule of standards 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.

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Section 19. Said Act is further amended by striking from subsection (c) of section 25 the figure 70 and inserting in lieu thereof the figure 68 and by striking the period at the end of subsection (d) of section 25 and inserting in lieu thereof the following: , with the exception of handicapped students being transported to special programs., so that when so amended, subsections (c) and (d) of section 25 shall read as follows: (c) If, and to the extent that, the State Board of Education obtains a State-bid price under provisions of Section 68 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, with the exception of handicapped students being transported to special programs. Section 20. Said Act is further amended by striking section 26, which reads as follows: Section 26. Public Libraries. (a) The State Board of Education shall annually determine the amount of funds needed to provide county and regional public libraries of

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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., in its entirety and substituting in lieu thereof a new section 26 to read as follows: Section 26. Public Libraries. (a) The State Board of Education shall annually determine and request of the General Assembly the amount of funds needed for county and regional public libraries of the State. This request shall include, but not be limited to, funds to provide library books and materials, salaries and travel for professional librarians, capital outlay for public library construction, and maintenance and operation. The amount for library books and materials shall be not less than 35 cents per person. Funds for the purpose of paying the salaries of librarians allotted shall be in accordance with regulations established by the State Board and the State minimum salary schedule for teachers and other certificated professional personnel. 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. All such funds shall be distributed directly to the regional or county library boards.

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(b) The State Board of Education shall further make adequate provisions for staff, supplies, services, and facilities to operate and maintain special media equipment to meet the library needs of Georgia's blind and handicapped citizens. (c) The State Board of Education shall further provide the staff, materials, equipment, and supplies to provide a book lending and information service to all county and regional public libraries in the State and to coordinate interlibrary cooperation and interchange of materials and information among all types of libraries. (d) The State Board of Education is further authorized and empowered as the sole agency to receive Federal funds allotted to Georgia under Acts of Congress appropriating Federal funds for public libraries. (e) The State Board of Education shall adopt policies and regulations to implement this section. Section 21. Said Act is further amended by striking the word, of where it appears between the words, Program and Education in the last sentence of subsection (a) of section 27 and inserting in lieu thereof the word, for, so that when so amended subsection (a) of section 27 shall read as follows: (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 for Education in Georgia. Section 22. Said Act is further amended by striking from the end of the first sentence of subsection (a) of section 37

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the following, section 10., and inserting in lieu thereof the following, sections 10 and 12., and by striking from the end of the first sentence of subsection (b) of section 37 the following, section 21., and inserting in lieu thereof the following, sections 20 and 21., and by inserting between the word, the and the word, first in the second sentence of said subsection (b) the following: projected average daily attendance for the, and by striking the word three where it appears in the second sentence of said subsection (b) and inserting in lieu thereof the word four and by striking the word preceding where it appears between the word, the and the word, school in the second sentence of said subsection (b) so that when so amended section 37 shall read as follows: 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 sections 10 and 12. 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 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.

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(b) The State Board of Education shall annually allot other certificated professional personnel to local units of administration as provided in sections 20 and 21. Such allotment shall be based on the projected average daily attendance for the first four months of the school year, adjusted as provided for in section 42 of this Act; provided, however, that during the next school year the amounts 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 23. Said Act is further amended by striking section 38 in its entirety and substituting in lieu thereof a new section 38 to read as follows: Section 38. Calculated Cost of Instructional Services. (a) The total amount of funds needed by a local unit of administration in order to provide the instructional services assured under the Adequate Program for 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 for providing special education programs to meet the special needs of children as provided for in section 5; (2) payment of preschool program expenses as provided for in section 7; (3) payment of salaries of instructional personnel as provided in sections 5, 10, and 12;

Page 557

(4) purchase of instructional media as provided for in section 13; (5) purchase and repair of instructional equipment as provided for in section 14; (6) payment of maintenance and operation expenses as provided for in section 15; (7) payment of sick and personal leave expenses as provided for in section 16; (8) payment of travel expenses as provided for in section 17; (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 for in section 25. (b) The sum arrived at in the manner provided above shall be known as the calculated cost of instructional services under the Adequate Program for 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 for 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 24. Said Act is further amended by striking paragraphs (1), (2) and (3) of subsection (a) of section 39

Page 558

in their entirety and substituting in lieu thereof two paragraphs (1) and (2) to read as follows: (1) For each county and independent school system, the percentage factor shall be applied to the total equalized adjusted school property tax digest of each system. (2) 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. Section 25. Said Act is further amended by striking the period at the end of the first sentence of subsection (c) of section 39 and inserting in lieu thereof the following: ,as now or hereafter amended., so that when so amended said subsection (c) shall read as follows: (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, as now or hereafter amended. 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 26. Said Act is further amended by striking from the second sentence of section 42 the words, minimum foundation program, and inserting in lieu thereof the words, adequate program for education, and by inserting in said second sentence between the figures, 13 and 15 the figure, 14, so that when so amended section 42 shall read as follows: Section 42. Midterm Adjustment of Allotments of Personnel and State Funds. The State Board shall require submission

Page 559

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 adequate program for education funds allotted to such local unit at the beginning of the current school year under sections 10, 12, 13, 14, 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 midterm adjustments. Section 27. Said Act is further amended by striking from section 44 the following, 32-620, and inserting in lieu thereof 9, and by striking the words, a minimum foundation program of education where the same appear in said section and inserting in lieu thereof the words, an adequate program for education, so that when so amended section 44 shall read as follows: 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 Section for the purpose 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 9, 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

Page 560

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 an adequate program for 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 28. Said Act is further amended by striking subsection (b) of section 45 in its entirety and substituting in lieu thereof a new subsection (b) to read as follows: (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 section 4 through 9 and sections 18 and 19, which meet the following criteria: (1) that the operation of the program is for 220 official attendance days or more constituting four quarters or any plan for year-round operation approved by the State Board of Education; (2) that for a student's first 165 or more days constituting

Page 561

three quarters or an equivalent plan approved by the State Board of Education, attendance shall 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. Section 29. Said Act is further amended by striking from the first sentence of subsection (g) of section 48 the following, 1951-52 and, and by striking from the end of said sentence the word, programs and inserting in lieu thereof the word, program, so that when so amended subsection (g) of section 48 shall read as follows: (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 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 1960-61 State school building program. The State Board of Education shall make such allotments of State capital outlay funds from any funds available to the State Board of Education. Section 30. Said Act is further amended by striking section 56 in its entirety and substituting in lieu thereof a new section 56 to read as follows: 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

Page 562

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 by the U. S. Department of Labor, Bureau of Labor Statistics until such time as Georgia teachers' salaries reach the national average, provided, however, that if the latest available revenue growth rate for Georgia is less than the cost of living increase called for in this section, the increase shall be not less than the cumulative revenue growth rate for Georgia as reported by the Georgia Department of Revenue through December 31 of the preceding calendar year. 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 scheduled 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

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personnel whose salary is being supplemented. Supplements paid shall, in all other respects, be uniform. Section 31. Said Act is further amended by striking the word section where it appears in the last sentence of section 65 and inserting in lieu thereof the word Act so that when so amended section 65 shall read as follows: Section 65. Financial Procedure 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 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 Act, 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 32. Said Act is further amended by striking the word of where the same appears in section 69 between the word Program and the word Education and inserting in lieu thereof the word for, so that when so amended section 69 shall read as follows: 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

Page 564

for 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 of the State Board following such hearing, the local 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 Schools, 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 appeal, 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 33. Said Act is further amended by striking section 70 in its entirety and substituting in lieu thereof a new section 70 to read as follows: Section 70. Distribution of State Funds. The State Board of Education shall, by regulation, provide for distribution

Page 565

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 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. Section 34. Said Act is further amended by striking section 73 in its entirety and substituting in lieu thereof a new section 73 to read as follows: Section 73. Laws Specifically Repealed. The following laws or parts or sections of laws are hereby specifically 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 Services 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

Page 566

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. (i) An act authorizing the State Board of Education to provide educational and training services for severely mentally retarded children, approved March 21, 1958 (Ga. L. 1958, p. 206). (j) An Act providing for the education and rehabilitation of children of public school age who are deaf, mute and/or blind for which there are no facilities for education or rehabilitation in Georgia, approved March 21, 1969 (Ga. L. 1969, p. 110). (k) An Act enabling local units of administration to provide for, establish and maintain courses and classes in and/or schools for speech correction and rehabilitation of those deaf, or having defective hearing, or speech, by oral methods, approved March 8, 1945 (Ga. L. 1945, p. 312). (l) An Act authorizing the State Department of Education and county and independent boards of education to expend State and local funds to teach deaf, hearing impaired, and speech handicapped children of preschool age, approved April 23, 1969 (Ga. L. 1969, p. 613).

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(m) An Act known as the `Early Childhood Development Act', approved March 31, 1972 (Ga. L. 1972, p. 722). Section 35. Said Act is further amended by striking from section 74 the figure 76 and inserting in lieu thereof the figure 73, so that when so amended section 74 shall read as follows: 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 73 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 36. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1975. MENTALLY RETARDED OFFENDER ACT OF 1975. No. 455 (Senate Bill No. 163). An Act to require the Department of Offender Rehabilitation to head a special task force to prepare and submit to the Governor, the State Crime Commission, and each member of the General Assembly a written report regarding services necessary for the education, training, rehabilitation and care of mentally retarded offenders; to require various State agencies, departments, divisions and organizations to participate actively in such task force; to amend an Act known as the Georgia Peace Officers Standards and Training Act, approved March 10, 1970 (Ga. L. 1970, p. 208), as amended, by an Act approved April 3, 1972 (Ga. L. 1972, p. 866), and an Act approved April 13, 1973 (Ga. L. 1973, p. 539), so as to require candidates for the position of peace officer to have successfully

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completed a basic course in mental retardation and law enforcement prior to certification by the Georgia Peace Officers Standards and Training Council; to mandate certain pilot projects in the field of mental retardation to gather data to be utilized by the task force in preparing its written report; to define certain terms; to provide staffing sufficient to accomplish the directions of this Act; to specify a short title; 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. Short Title. This Act shall be known and may be cited as the Mentally Retarded Offender Act of 1975. Section 2. Definitions. As used in this Act, unless the context otherwise requires, the following terms shall have the meanings ascribed to them as follows: (a) Mental retardation shall mean a state of substantially subaverage intellectual functioning as defined by the American Association of Mental Deficiency. (b) Offender shall mean an individual who has been convicted of conduct which constitutes a crime within the meaning of section 26-201 of the Criminal Code of Georgia, and who, as a result of such conviction, is within the authority, jurisdiction, or responsibility of a court having jurisdiction to try individuals accused of conduct which constitutes a crime within the meaning of section 26-201 of the Criminal Code of Georgia, the State Board of Corrections, or the Youth Services Section of the Department of Human Resources, but only so long as such individual is within the authority, jurisdiction, or responsibility of one or more of such entities as a result of such conviction. (c) Mentally retarded offender shall mean an offender who, subsequent to conviction, is found to be suffering from mental retardation by a court having jurisdiction to try individuals accused of conduct which constitutes a crime within the meaning of section 26-201 of the Criminal Code

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of Georgia, by the State Board of Corrections, or by the Youth Services Section of the Department of Human Resources. Section 3. Task Force to Develop State Plan. (a) The Department of Offender Rehabilitation shall head a Task Force consisting of one representative from each of the following agencies, departments or divisions and the legislative branch of government. (1) Department of Offender Rehabilitation, (2) Division of Vocational Rehabilitation of the Department of Human Resources, (3) Developmental Disabilities Section of the Department of Human Resources, (4) Division of Mental Health of the Department of Human Resources, (5) Youth Services Section of the Department of Human Resources, (6) State Board of Corrections, (7) Peace Officers Standard and Training Council, (8) State Crime Commission, (9) Judicial Council of Georgia, (10) Senate, and (11) House of Representatives. Each of such agencies, departments, or divisions shall designate one of its personnel as its representative on the Task Force. The President of the Senate shall appoint the member from the Senate and the Speaker of the House of Representatives shall appoint the member from the House of Representatives.

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(b) The Task Force created by this statute shall first meet on or before July 1, 1975, and shall, on or before December 31, 1976, furnish to the Governor, the State Crime Commission (for use in its role of planning and implementation), and each member of the incoming General Assembly a written report outlining in detail a five-year program for providing to mentally retarded offenders all the services deemed reasonably necessary by the Task Force to educate, train, rehabilitate and care for them. The written report shall also contain comments or dissenting views which any representative on the Task Force submits in writing to the Department of Offender Rehabilitation with a request in writing that they be included in such written report. (c) In particular, the written report outlining and detailing the five-year program shall include but not be limited to the following: (1) An estimate of the number of offenders who are suffering from mental retardation on January 1, 1976, and projections of the number of such offenders on January 1 in 1977, 1978, 1979, 1980 and 1981; (2) A description of the specific services, including, but not limited to, diagnosis, evaluation, education, training, work adjustment, and vocational rehabilitation deemed reasonably necessary by the Task Force for offenders who are suffering from mental retardation; (3) A description of physical facilities available for use in providing such specific services; (4) A description of additional physical facilities, if any, which must be made available for use in providing such specific services, including any new facilities which may need to be constructed; (5) A description of training programs necessary for staff, both professional and nonprofessional who will participate in rendering the proposed specific services for such offenders;

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(6) A description of the process for determining what specific services are appropriate for any particular such offender, including an opportunity, where appropriate, for notice and a hearing; (7) A description of specific work release, parole, probation, or similar programs for such offenders; (8) A program for in-service training of peace officers who have not completed a basic course of instruction in mental retardation and the law enforcement problems arising from mental retardation; (9) Detailed budget projections for providing all such specific services to such offenders; and (10) A description of procedures for setting program and service standards and evaluating the quality and effectiveness of such specific services. (d) The Department of Offender Rehabilitation shall secure sufficient clinically certified, professional persons to assure completion of such written report on or before December 31, 1976. (e) In preparing the written report, the Task Force shall review and comment on the operation of each pilot project described in section 4 hereof. Section 4. Pilot Projects. (a) On or before July 1, 1975, the Division of Mental Health of the Department of Human Resources shall set up and operate on the grounds of Central Georgia Human Resources Center a pilot presentence evaluation facility, which shall continue to be operated until June 30, 1976. (1) No offender shall be referred to such pre-sentence evaluation facility for evaluation of offenders except by order of a court having jurisdiction to try individuals accused of conduct which constitutes a crime within the meaning of section 26-201 of the Criminal Code of Georgia. The court shall order such a pre-sentence evaluation only where

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it has reasonable cause to believe the offender is suffering from mental retardation. (2) The pre-sentence evaluation shall include whatever physical or mental examinations deemed necessary by the Division of Mental Health to determine whether the offender is suffering from mental retardation and also to determine what forms of rehabilitation would be best suited to the offender. The Division of Vocational Rehabilitation of the Department of Human Resources shall cooperate in vocational evaluation at the request of the Division of Mental Health. (3) Within fourteen days after beginning the examination of the offender, the director of the pre-sentence evaluation facility shall present to the court which referred the offender a written report containing its findings as to whether the offender is suffering from mental retardation and as to the form of rehabilitation best suited to the offender, including recommendations of specific existing programs where appropriate. The court, in its discretion, may accept or reject the recommendations contained in such report and may challenge the report's findings through other expert evaluations. (4) The director of the pilot pre-sentence evaluation facility shall have the authority to refuse to accept an offender referred by a court if the pre-sentence evaluation facility does not have the capacity to handle additional offenders at that time. The director shall promptly notify the referring court of such decision. (b) On or before July 1, 1975, the Division of Vocational Rehabilitation of the Department of Human Resources shall set up and operate on the grounds of the Georgia Industrial Institute at Alto, Georgia, a pilot vocational and work adjustment training workshop which shall continue to be operated until June 30, 1976. (1) Such vocational and work adjustment training workshop shall be used exclusively for treatment of mentally

Page 573

retarded offenders referred to such facility by the State Board of Corrections. (2) The workshop shall have the capacity to serve a maximum of 50 offenders at any one time. (3) The State Board of Corrections shall refer offenders to the vocational and work adjustment training workshop only after determining that such offender is suffering from mental retardation. (c) On or before July 1, 1975, the Department of Human Resources shall set up and operate on the grounds of the Georgia Mental Health Institute a pilot special correctional treatment unit which shall continue to be operated until June 30, 1976. (1) The special correctional treatment unit shall be used exclusively for treatment of mentally retarded offenders referred to such unit by the State Board of Corrections. (2) The special correctional treatment unit is to provide services to mentally retarded offenders who also suffer from additional emotional or physical disabilities requiring specialized treatment prior to or as a part of further rehabilitation. The unit shall have the capacity to serve a maximum of 35 offenders at any one time. (3) The State Board of Corrections shall refer offenders to the special correctional treatment unit only after determining that such offender is suffering from mental retardation. (d) In setting up and operating such pilot projects, the agencies, departments and divisions involved shall take all reasonable measures necessary to prevent the escape of any offender. Provided, however, no mentally retarded offender convicted of a violent crime against a person or persons shall be eligible for the Georgia Mental Health Institute pilot special correctional treatment unit. (e) No mentally retarded offender shall be eligible for or assigned to any of the pilot projects under this Section 4

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if the mentally retarded offender has been convicted of an offense which may be punishable by death. Section 5. Peace Officer Training. An Act known as the Georgia Peace Officers Standards and Training Act, approved March 10, 1970 (Ga. L. 1970, p. 208), as amended, by an Act approved April 3, 1972 (Ga. L. 1972, p. 866), and an Act approved April 13, 1973 (Ga. L. 1973, p. 539), is hereby amended by adding to section 10 thereof a new subsection (b) to read as follows: (b) The Council shall develop or supervise the development of teaching materials on mental retardation and law enforcement problems arising from mental retardation. No candidate shall be certified after July 1, 1977, unless he has satisfactorily completed a basic course of at least four hours of instruction in mental retardation and the law enforcement problems arising from mental retardation. Section 6. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. PUBLIC SERVICE COMMISSIONCERTAIN BILLINGS FOR ELECTRIC, GAS AND WATER SERVICE PROVIDED, ETC. Code 93-309.3 Amended. No. 456 (House Bill No. 67) An Act to amend Code Chapter 93-3, relating to the jurisdiction, powers and duties of the Public Service Commission, as amended, so as to require periodic and terminal billings for electric, gas and water services to note certain items in a conspicuous manner; to provide for exceptions; 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 93-3, relating to the jurisdiction, powers and duties of the Public Service Commission, as amended, is hereby amended by adding thereto a new Code Section, to be designated Code section 93-309.3, to read as follows: 93-309.3. Billings for electric, gas or water service; notation of rates and meter reading. Upon the face or back of each periodic and terminal billing for retail consumption of electric, gas and water services there shall appear a conspicuous notation of charges for fuel adjustment; and the meter reading upon which the billing was computed, including the previous reading and consumption. Where a customer is on a voluntary `budget bill' or `levelized bill' agreement, the actual consumption for any period of time may be omitted until the annual anniversary account billing. The rates applicable to such billing shall be made readily available to the customer upon demand, on which his bill was computed, and a notation shall so appear on the face of the bill where the rates can be obtained. Section 2. This Act shall become effective on July 1, 1976. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. ELECTIONSPRIMARY DATE FIXED. Code 34-1005 Amended. No. 457 (House Bill No. 69) An Act to amend Code section 34-1005 (b), relating to qualification of candidates for primaries to require the opening of qualifying on the fourth Wednesday in May preceding a primary; 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 34-1005, relating to the qualification of candidates for primaries, is hereby amended by striking subsection (b) in its entirety and substituting in lieu thereof the following: (b) In the case of a general primary, the candidates shall commence qualifying at 9:00 A.M. on the fourth Wednesday in May and shall cease qualifying at 12:00 noon on the second Wednesday in June immediately preceding such primary. In the case of a special primary, the candidate shall qualify at least 15 days prior to the date of such primary. Code 34-1005 amendd. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed; provided, however, if this Act or any portion hereof is disapproved by the United States District Court for the District of Columbia or if this Act is submitted to the United States Attorney General and he objects to the enforcement of this Act or any portion hereof pursuant to the authority granted to said court or to the United States Attorney General by the Voting Rights Act of 1965 (U.S.C. Section 1973C) the prior law or parts of law shall not be repealed. Repealer. Approved April 18, 1975. INSURANCEGROUP INSURANCE POLICIESAPPLIED PSYCHOLOGIST PROVISIONS CHANGED, ETC. Code 56-3111 enacted. No. 458 (House Bill No. 191). An Act to amend Code Chapter 56-31, relating to group and blanket accident and sickness insurance, as amended, so as to provide that whenever any group or blanket accident or sickness or accident and sickness insurance policy or contract provides for reimbursement for any service which is within the lawful scope of practice for an applied psychologist,

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any person covered by such policy or contract who is referred to an applied psychologist by a licensed physician for such service shall be entitled to reimbursement for such service whether rendered by a duly licensed physician or duly licensed applied psychologist; to provide that the provisions of this Act shall not prohibit such policies or contracts from providing reimbursement for services of an applied psychologist without the necessity of physician referral; 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 56-31, relating to group and blanket accident and sickness insurance, as amended, is hereby amended by adding at the end thereof a new Code section to be designated Code section 56-3111, to read as follows: 56-3111. Policies providing reimbursement for services within the scope of practice of an applied psychologist. Not-withstanding any provision of any group or blanket accident or sickness or accident and sickness insurance policy or contract hereafter issued or delivered in this State, whenever such policy or contract provides for reimbursement for any service which is within the lawful scope of practice of an applied psychologist who is duly licensed pursuant to the Act making provision for the licensure of applied psychologists, approved February 21, 1951 (Ga. L. 1951, p. 408), as now or hereafter amended, any person covered under any such policy or contract who is referred to an applied psychologist by a licensed physician for such service shall be entitled to reimbursement for such service whether rendered by a duly licensed physician or duly licensed applied psychologist. This section shall not prohibit group or blanket accident or sickness or accident and sickness insurance policies or contracts from providing reimbursement for services of an applied psychologist without the necessity of physician referral.

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Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. PEACE-OFFICERS' ANNUITY AND BENEFIT FUND ACT AMENDEDFINES AND BOND FORFEITURE AMOUNTS CHANGED, ETC. No. 459 (House Bill No. 257). 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), an Act approved March 12, 1973 (Ga. L. 1973, p. 63), an Act

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approved March 28, 1974 (Ga. L. 1974, p. 1201), and an Act approved March 28, 1974 (Ga. L. 1974, p. 1204), so as to change the amount to be received by the Fund from certain fines and bond forfeitures; to change the provisions relating to benefits; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the 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), an Act approved March 12, 1973 (Ga. L. 1973, p. 63), an Act approved March 28, 1974 (Ga. L. 1974, p. 1201), and an Act approved March 28, 1974 (Ga. L. 1974, p. 1204), is hereby amended by striking from section 10 the following: $2.00, $3.00, and $4.00, and inserting in lieu thereof, respectively, the following: $3.00, $4.00, and $5.00,

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so that when so amended section 10 shall read as follows: Section 10. In all criminal and quasi-criminal cases for violating State statutes or municipal ordinances, wherein a fine, which shall be construed to include costs, is collected, or wherein a bond, which shall be construed to include costs, is forfeited and collected, in any court or tribunal in this State, a sum based upon the scale set out hereinafter for each such case shall be paid to the secretary-treasurer on the first day of each month thereafter or at such time as the board may provide by the person or authority collecting the same. Such sums shall be paid upon the following scale: Amount. For any fine or bond forfeiture of more than $4.00, but not more than $25.00$3.00. For any fine or bond forfeiture of more than $25.00, but not more than $50.00$4.00. For any fine or bond forfeiture of more than $50.00, but not more than $100.00$5.00. For any fine or bond forfeiture of more than $100.005%. The sum provided for shall be paid to the secretary-treasurer before the payment of any costs or any claim whatsoever against such fine or forfeiture. It is hereby made the duty of the person or authority collecting the said moneys to keep accurate records of amounts due the board so that the same may be audited or inspected at any time by any representative of the board by direction of the board. Sums remitted to the secretary-treasurer under this section shall be used as provided for elsewhere in this Act. When any person or authority, whose duty it is to collect and remit monies to the secretary-treasurer under this section shall fail to remit such monies within 60 days of the date they are required to be remitted, the same shall be delinquent and there shall be imposed, in addition to the principal amount due, a specific penalty in the amount of

Page 581

five percent (5%) of said principal amount per month for each month during which the funds continue to be delinquent, not to exceed twenty-five percent (25%). There shall be added to the principal amount of funds which are delinquent, interest at the rate of six percent (6%) per annum from the date said funds become delinquent until the same are paid. All funds due on or before April 1, 1966, and not paid shall be delinquent after the expiration of 60 days from said date. By affirmative vote of all members, the Board, upon the payment of the delinquent funds together with interest and for good cause shown, may waive the specific penalty provided for in this Section. Section 2. Said Act is further amended by striking from the language in section 11, relative to Option 1., the following: $6.00, and inserting in lieu thereof the following: $7.50, so that when so amended, the language relating to Option 1., shall read as follows: Option 1. Single Life Annuity. Monthly Payment Level for Life of Member Only: The amount of the monthly payment to be paid under this option shall be an amount equal to $7.50 per month for each full year of creditable service, if such creditable service shall total at least 20 years and the member is 55 years of age or older. Such monthly benefit payment shall be paid on each full year of creditable service up to a maximum of 30 years of total service. No member shall be eligible for benefits hereunder until his official duties as a peace officer shall have been terminated, except as otherwise provided in this Act, and unless he shall file an application for retirement benefits within ninety days from the date of the termination of his official duties as such peace officer, unless prevented therefrom for good cause. If such retiring member shall qualify for retirement benefits in every respect except for completion of payment

Page 582

of monthly dues for the periods of time for which he has received service credit, dues shall be deducted from his monthly benefit check until such dues have been paid in full. Any member who has at least 20 years of creditable service for which dues have been fully paid, but who has not reached his 55th birthday, may cease paying monthly dues into the Fund, if he has terminated his employment as a peace officer, and upon reaching his 55th birthday, he may be eligible to receive retirement benefits as provided herein. Section 3. Said Act is further amended by striking from the next to last paragraph of section 11, the following: April 1, 1973, as it appears in three places in said paragraph and inserting in lieu thereof the following: May 1, 1975, in said three places, so that when so amended the next to last paragraph of section 11 shall read as follows: The amounts provided for retirement benefits in this section shall apply to those members who have retired prior to May 1, 1975, as well as to those members who retire on or after said date. The service of each member who retired prior to May 1, 1975, shall be recomputed and if it is determined that the amounts provided for herein shall result in an increase in the retirement benefits being paid to such member, such benefits shall be increased to the proper amount, and shall be paid to him in the future, beginning May 1, 1975. If it is determined that an increase in retirement benefits will result for any such retired member, and he shall not have completed payment of dues for all service credit previously allowed as of the date of his retirement, the monthly dues provided for herein shall be deducted from his monthly retirement benefits until such time as said dues shall have been paid for each month of service for which retirement credit has been received. Provided, however, that no such member shall be allowed to change the option

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under which he originally retired, unless he shall again become employed as a peace officer as provided in the preceding paragraph of this section, and complies with all the provisions of the preceding paragraph. Section 4. The provisions of this Act shall become effective on May 1, 1975. Effective date. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. GEORGIA BUSINESS CORPORATION CODE AMENDED. Code Title 22 Amended. No. 460 (House Bill No. 262) An Act to amend Code Title 22, relating to corporations, as amended, so as to change the provisions relating to filing documents; to change the venue for bringing suits against foreign corporations; to provide that dividends on preferred stock need not be cumulative; to provide that the board of directors of a corporation may specify the times of payment of dividends when authorizing a series of preferred stock; to authorize any chief executive officer to sign the shares of a corporation; to require a clear and concise statement to be placed on the face or back of a certificate stating that the shares are subordinate to other authorized shares with respect to dividends or liquidation payments; to authorize the use of a facsimile signature on interest coupons; to remove certain language authorizing a dividend to be claimed for up to seven years after the payment date; to provide that delivery of the information and materials with respect to a plan of merger or consolidation prior to execution of a waiver of consent or that the waiver of consent itself specifically states that waiver of the right to receive

Page 584

such information is expressly made; to change the qualifications of directors; to permit telephone conference call meetings of boards of directors; to allow committees to be composed of two or more directors instead of three or more directors; to provide that a contract or transaction may be approved by the affirmative vote of a majority of disinterested directors, even though such majority is less than a quorum; to provide for the indemnification of directors, officers, employees or agents of a merging or consolidating corporation absorbed in a merger or consolidation if the board of directors of the surviving new corporation approves such indemnification; to require the parent corporation in triangular mergers to deliver financial statements to the shareholders of the acquired corporation; to remove the authority to change the name of the surviving corporation in the event of a parent-subsidiary merger without the approval of the stockholders of the parent corporation; to provide that dissenters' rights are available when an amendment to the articles of incorporation reclassifies the shares of the corporation; to provide that the dissenters' rights are not available when a recapitalization, exchange or reclassification of shares does not alter or abolish the shareholders' voting rights or alter their percentage of equity; to deny dissenters' rights if the shares in question are listed on the New York Stock Exchange, the American Stock Exchange or any exchange resulting from a merger or consolidation of one or more of such exchanges or held of record by more than 2,000 shareholders; to require the articles of dissolution to state the date and county of incorporation of the corporation being dissolved; to remove the language which gives shareholders the right to receive distributions of unclaimed liquidating dividends; to require that the certified copy of the articles of incorporation which is filed with the Secretary of State upon application for a certificate of authority may not be filed more than 90 days after the date the copy has been duly authenticated by the proper officer of its jurisdiction of incorporation; to provide that a foreign corporation may change its registered office or change its registered agent or agents, or both, by indicating any

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such change on the annual report filed with the Secretary of State; to provide that tax clearance from the State Revenue Commissioner is required before the Secretary of State shall issue a certificate of withdrawal to a corporation; to reduce the sanction resulting from failure of foreign corporations to file an amendment to their articles of incorporation with the Secretary of State from revocation of certificate of authority to a fine; to require the filing of an annual report on forms prescribed by the Secretary of State during the year of incorporation or qualification; to change the period during which an annual report is required to be filed; to require the articles of dissolution of a nonprofit corporation to state that the Statement of Intent to Dissolve has been filed with the Secretary of State; to provide for a 30-day grace period prior to imposition of a penalty for failure by a nonprofit corporation to obtain a certificate of authority; to change the penalty for failure by a non-profit corporation to obtain a certificate of authority; to provide for other matters relative to the foregoing; to provide effective dates; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Title 22, relating to corporations, as amended, is hereby amended by striking Code section 22-105 in its entirety and inserting in lieu thereof a new Code section 22-105, to read as follows: 22-105. Filing of documents. (a) Whenever any provision of this Code requires any document to be delivered for filing as provided in this Code, unless otherwise specifically stated in this Code and subject to any additional provisions of this Code, such requirement shall mean that: (1) The original executed document, together with a conformed copy thereof, shall be delivered to the office of the Secretary of State. (2) All fees required for filing the document shall be tendered to the Secretary of State.

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(3) Upon delivery of the documents, and upon tender of the required fees, the Secretary of State shall certify that the original has been filed in his office by endorsing upon the original the word `filed' and the hour, day, month and year thereof. Such endorsement shall be known as the `filing date' of the document and shall be conclusive of the date of filing in the absence of actual fraud. The Secretary of State shall thereafter file and index the original. (4) The Secretary of State shall immediately compare the conformed copy with the original, and if he finds that they are identical, he shall certify the conformed copy by making upon it the same endorsement which is required to appear upon the original, together with a further endorsement that the conformed copy is a true copy of the original document. (5) The conformed copy, so certified, shall be returned to the person or persons delivering the documents to the Secretary of State, and it shall be retained as part of the permanent records of the corporation. (b) Whenever any document required by the provisions of this Code to be presented to a superior court judge and to be the subject of an order of a superior court judge has been so presented and is the subject of such an order and contains errors in, inaccuracies in or omissions of information required by the provisions of this Code, is an inaccurate record of the corporate action therein referred to, or was defectively or erroneously executed or sealed, such document may be corrected by presenting to a judge of the same superior court articles of correction. The judge shall examine the aforesaid articles of correction and, if they are found to be lawful, shall pass an order declaring the articles of correction granted. The articles of correction shall specify the error, inaccuracy, omission or defect to be corrected and shall set forth the portion of the document in corrected form. The corporation shall thereupon cause to be delivered the original articles of correction, with the order of the judge thereon, and two conformed copies of such articles and of the order of the judge thereon to the clerk of such

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superior court. Upon compliance with the provisions of subsection (b) of this section the clerk shall file one copy of the articles of correction and of the order of the judge thereon, shall note thereon the date of such filing and shall forthwith furnish to the corporation or to its attorney the original and one certified copy of the articles of correction, the order of the judge thereon and the filing of the clerk thereon in the same manner as the original document was delivered and filed. The corporation shall cause to be delivered said original and certified copy to the Secretary of State who shall retain the original and shall issue and deliver a certificate of correction with a certified copy of the articles of correction attached thereto in the same manner as a certificate was issued and delivered with respect to the original document. The corrected document shall be effective as of the effective date of the original document, except as to those persons who are substantially and adversely affected by the correction, and as to those persons the corrected document shall be effective at the time of the filing of the articles of correction and of the judge's order thereon with the clerk of such superior court. (c) No fee shall be payable to the clerk of the superior court or the Secretary of State for their services with respect to articles of correction, the order of the judge thereon and the certificate of correction. The filing of articles of correction as authorized in subsection (b) of this section shall not require the republication of any notice previously published in connection with the filing of the original document unless the error, inaccuracy, omission, or defect in the original document relates to information which was disclosed in said notice. In the event the error, inaccuracy, ommission, or defect in the original document relates to information disclosed in said notice, a new notice shall be published in the same manner as the original publication. The publisher's fee for such republication shall be the same as the fee for the original publication. Section 2. Said Code Title is further amended by relettering subsections (c) and (d) of Code section 22-404 as subsections (e) and (f), respectively, and inserting two new

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subsections following subsection (b), to be designated subsections (c) and (d), to read as follows: (c) For the purpose of determining venue, each domestic corporation and each foreign corporation authorized to transact business in this State shall be deemed to reside and may be sued on contracts in that county in which the contract sought to be enforced was made or is to be performed, if it has an office and transacts business in that county. The residence established by this subsection shall be in addition to, and not in limitation of, any other residences that any domestic or foreign corporation may have by reason of other laws. Code 22-404 amended. (d) For the purpose of determining venue, each domestic corporation and each foreign corporation authorized to transact business in this State shall be deemed to reside and may be sued for damages because of torts, wrong or injury done, in the county where the cause of action originated, if the corporation transacts business in that county. The residence established by this subsection shall be in addition to, and not in limitation of, any other residences that any domestic or foreign corporation may have by reason of other laws. Section 3. Said Code Title is further amended by striking paragraph (1) of subsection (a) of Code section 22-502 in its entirety and inserting in lieu thereof a new paragraph (1), to read as follows: (1) The rate of dividend, the times of payment and the date from which dividends shall be accumulated, if dividends are to be cumulative.' Code 22-502 amended. Section 4. Said Code Title is further amended by striking subsection (b) of Code section 22-508 in its entirety and inserting in lieu thereof a new subsection (b), to read as follows: (b) Unless otherwise provided in the articles of incorporation or the bylaws, the shares of a corporation shall be represented by certificates signed by the president, or

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other chief executive officer, or a vice president and the secretary or an assistant secretary of the corporation, and may be sealed with the seal of the corporation or a facsimile thereof. The signatures of such officers upon a certificate may be facsimile if the certificate is countersigned by a transfer agent, or registered by a registrar, other than the corporation itself or an employee of the corporation. Code 22-508 amended. Section 5. Said Code Title is further amended by striking paragraph (7) of subsection (c) of Code section 22-508 in its entirety. Code 22-508 amended. Section 6. Said Code Title is further amended by striking subsections (d) and (f) of Code section 22-508 in their entirety and inserting in lieu thereof new subsections (d) and (f), to read as follows: (d) Each certificate representing shares issued by a corporation which are subordinate to authorized shares of any other class or series with respect to dividends or amounts payable on liquidation shall contain upon the face or back of the certificate a clear and concise statement to that effect. Each certificate representing shares issued by a corporation 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 corporation 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 and, if the corporation is authorized to issue any preferred or special class in series, the variations in the relative rights and preferences between the shares of each such series so far as the same have been fixed and determined and the authority of the board of directors or shareholders to fix and determine the relative rights and preferences of subsequent series. Code 22-508 amended. (f) The signatures of the officers of a corporation and the seal of the corporation upon any bond, debenture, interest coupon or other debt security issued by the corporation may be facsimiles if the instrument is authenticated or countersigned by a trustee or transfer agent, or registered

Page 590

by a registrar, other than the corporation itself or an employee of the corporation. Section 7. Said Code Title is further amended by striking paragraph (3) of subsection (c) of Code section 22-511 in its entirety. Code 22-511 amended. Section 8. Said Code Title is further amended by striking subsection (d) of Code section 22-603 in its entirety and inserting in lieu thereof a new subsection (d), to read as follows: (d) Any action required by this Code to be taken at a meeting of the shareholders of a corporation, 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 under this Code. No consent shall be effective as approval of a plan of merger or plan of consolidation pursuant to section 22-1003 unless: Code 22-603 amended. (1) prior to the execution of the consent, the shareholders shall have been given (i) a clear and concise statement that if the plan of merger or consolidation is effected the shareholders dissenting therefrom are entitled, if they file a written objection to such plan before the vote of the shareholders is taken thereon and comply with the further provisions of Section 22-1202 regarding the rights of dissenting shareholders, to be paid the fair value of their shares, (ii) a copy of the plan of merger or consolidation or an outline of the material features of the plan, and (iii) a copy of the most recent annual balance sheet and annual profit and loss statement of each of the merging or

Page 591

consolidating corporations and of each other corporation securities of which are to be delivered pursuant to the plan of merger or consolidation; or (2) the written consent itself conspicuously and specifically states that waiver of the right to receive such information is expressly made. Section 9. Said Code Title is further amended by striking paragraph (1) of subsection (d) of Code section 22-604 in its entirety and inserting in lieu thereof a new paragraph (1), to read as follows: (1) Notice of a meeting of shareholders need not be given to any shareholder who signs a waiver of notice, in person or by proxy, either before or after the meeting. Unless required by the bylaws, neither the business transacted nor the purpose of the meeting need be specified in the waiver, except that any waiver of the notice of a meeting of shareholders required with respect to a plan of merger or a plan of consolidation shall not be effective unless: Code 22-604 amended. (i) prior to execution of the waiver, the shareholder signing the waiver shall have been given (A) a clear and concise statement that if the plan of merger or consolidation is effected shareholders dissenting therefrom are entitled, if they file a written objection to such plan before the vote of the shareholders is taken thereon and comply with the further provisions of section 22-1202 regarding the rights of dissenting shareholders, to be paid the fair value of their shares, (B) a copy of the plan of merger or consolidation or an outline of the material features of the plan, and (C) a copy of the most recent annual balance sheet and annual profit and loss statement of each of the merging or consolidating corporations and of each other corporation securities of which are to be delivered pursuant to the plan of merger or consolidation; or

Page 592

(ii) the waiver itself conspicuously and specifically states that waiver of the right to receive such information is expressly made. Section 10. Said Code Title is further amended by striking subsection (c) of Code section 22-701 in its entirety and inserting in lieu thereof a new subsection (c), to read as follows: (c) Directors shall be natural persons of the age of 18 years or older, but need not be residents of this State or shareholders of the corporation unless the articles of incorporation or bylaws so require. The articles of incorporation or bylaws may prescribe additional qualifications for directors. Code 22-701 amended. Section 11. Said Code Title is further amended by adding a new subsection at the end of Code section 22-707, to be designated subsection (c), to read as follows: (c) Unless the articles of incorporation or bylaws otherwise provide, members of the board of directors, or any committee designated by such board, may participate in a meeting of such board or committee by means of conference telephone or similar communications equipment by means of which all persons participating in the meeting can hear each other and participation in a meeting pursuant to this subsection shall constitute presence in person at such meeting. Code 22-707 amended. Section 12. Said Code Title is further amended by striking subsection (a) of Code section 22-708 in its entirety and inserting in lieu thereof a new subsection (a), to read as follows: (a) If the articles of incorporation or the bylaws so provide, the board of directors, by resolution adopted by a majority of the full board of directors, may designate from among its members an executive committee and one or more other committees, each consisting of two or more directors, and each of which, to the extent provided in such resolution or in the articles of incorporation or the bylaws of the

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corporation, shall have and may exercise all the authority of the board of directors, but no such committee shall have the authority of the board of directors in reference to: Code 22-708 amended. (1) Amending the articles of incorporation or the bylaws of the corporation. (2) Adopting a plan of merger or consolidation. (3) The sale, lease, exchange or other disposition of all or substantially all the property and assets of the corporation. (4) A voluntary dissolution of the corporation or a revocation thereof. Section 13. Said Code Title is further amended by striking paragraph (1) of subsection (a) of Code section 22-716 in its entirety and inserting in lieu thereof a new paragraph (1), to read as follows: (1) The material facts as to his interest and as to the contract or transaction are disclosed or are known to the board of directors or the committee, and the board or committee in good faith authorizes the contract or transaction by the affirmative votes of a majority of the disinterested directors, even though the disinterested directors be less than a quorum; or. Code 22-716 amended. Section 14. Said Code Title is further amended by adding at the end of Code section 22-717 a new subsection, to be designated subsection (i), to read as follows: (i) For purposes of this Section, references to `the corporation' shall include, in addition to the surviving or new corporation, any merging or consolidating corporation (including any merging or consolidating corporation of a merging or consolidating corporation) absorbed in a merger or consolidation so that any person who is or was a director, officer, employee or agent of such merging or consolidating corporation, or is or was serving at the request of such merging or consolidating corporation as a director, officer,

Page 594

employee or agent of another corporation, partnership, joint venture, trust or other enterprise, shall stand in the same position under the provisions of this Section with respect to the resulting or surviving corporation as he would if he had served the resulting or surviving corporation in the same capacity; provided that no indemnification under subsections (a) and (b) of this Section permitted by this subsection shall be mandatory under this subsection or any bylaw of the surviving or new corporation without the approval of such indemnification by the board of directors or shareholders of the surviving or new corporation, in the manner provided in paragraphs (1) and (3) of subsection (d) of this Section. Code 22-717 amended. Section 15. Said Code Title is further amended by striking paragraph (2) of subsection (b) of Code section 22-1003 in its entirety and inserting in lieu thereof a new paragraph (2), to read as follows: (2) The notice shall contain a clear and concise statement that if the plan of merger or consolidation is effected shareholders dissenting therefrom are entitled, if they file a written objection to such plan before the vote of the shareholders is taken thereon and comply with the further provisions of Section 22-1202 regarding the rights of dissenting shareholders, to be paid the fair value of their shares. A copy of the plan of merger or consolidation or an outline of the material features of the plan, together with a copy of the most recent annual balance sheet and annual profit and loss statement of each of the merging or consolidating corporations and of each other corporation securities of which are to be delivered pursuant to the plan of merger or consolidation, shall accompany such notice. Code 22-1003 amended. Section 16. Said Code Title is further amended by striking subsections (a), (b) and (c) of Code section 22-1005 in their entirety and inserting in lieu thereof new subsections (a) and (b), to read as follows: (a) Unless otherwise provided in the articles of incorporation of any of the merging corporations, any corporation which owns at least 90 percent of the outstanding

Page 595

shares of each class of any other domestic corporation or corporations may merge with such subsidiary corporation or corporations without approval by a vote of the shareholders of any of the merging corporations if the parent corporation is the surviving corporation and if the plan of merger effects no change in the articles of incorporation of the parent corporation; and in the event all the shares of a subsidiary corporation party to such merger are not owned by the parent corporation, such plan of merger shall state the manner and basis of converting the shares of the subsidiary corporation not owned by the parent corporation into shares or other securities or obligations of the parent corporation, or the cost or other consideration or combination thereof to be paid or delivered in exchange for such shares of the subsidiary corporation not owned by the parent corporation. The plan of merger shall be approved by the board of directors of each merging corporation. In all other respects the merger shall be effected and shall have the same effect as provided in this Code in the case of mergers between domestic corporations. Code 22-1005 amended. (b) In the event all the shares of a subsidiary corporation party to a merger effected under this Section are not owned by the parent corporation immediately prior to the merger, the parent corporation shall, within ten days after the effective date of the merger, notify each shareholder of the subsidiary corporation that the merger has become effective. The notice shall be sent by registered or certified mail, addressed to each such shareholder at his address as it appears on the records of the corporation, and shall contain a clear and concise statement that shareholders dissenting from the merger are entitled, if they comply with the provisions of this subsection, to be paid the fair value of their shares. A copy of the plan of merger or an outline of the material features of the plan shall accompany the notice. Within 20 days after the date of the mailing of the notice, any shareholder to whom the parent corporation was required to give such notice and who elects to dissent shall file with the corporation a notice of such election as provided in section 22-1202(c), and thereupon the parties shall have the rights and duties and shall follow the procedure

Page 596

set forth in subsections (d) through (k) inclusive of section 22-1202. Section 17. Said Code Title is further amended by striking subparagraph (C) of paragraph (4) of subsection (a) of Code section 22-1201 in its entirety and inserting in lieu thereof a new subparagraph (C), to read as follows: (C) Effecting an exchange, cancellation or reclassification of any of his shares, where said exchange, cancellation or reclassification would alter or abolish his voting rights or alter his percentage of equity in the corporation, or effecting a reduction or cancellation of accrued dividends or other arrearages in respect of such shares;. Code 22-1201 amended. Section 18. Said Code Title is further amended by striking paragraph (2) of subsection (d) of Code section 22-1201 in its entirety and inserting in lieu thereof a new paragraph (2), to read as follows: (2) Unless the articles of incorporation shall otherwise provide, to the shares of any class of shares which, at the date fixed to determine the shareholders entitled to receive notice of and to vote at the meeting of shareholders at which the plan of merger or consolidation, or the sale, lease, exchange or other disposition of all or substantially all the property and assets of the corporation, or the amendment of the articles of incorporation, as the case may be, is to be acted on, were either Code 22-1201 amended. (i) listed on the New York Stock Exchange, the American Stock Exchange or any exchange resulting from a merger or consolidation of one or more of such exchanges or (ii) held of record by more than 2,000 shareholders. Section 19. Said Code Title is further amended by striking paragraph (1) of subsection (b) of Code section 22-1302 in its entirety and inserting in lieu thereof a new paragraph (1), to read as follows:

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(1) The name of the corporation and its date and county of incorporation. Code 22-1302 amended. Section 20. Said Code Title is further amended by striking paragraph (1) of subsection (b) of Code section 22-1303 in its entirety and inserting in lieu thereof a new paragraph (1), to read as follows: (1) The name of the corporation and its date and county of incorporation. Code 22-1303 amended. Section 21. Said Code Title is further amended by striking paragraph (1) of subsection (d) of Code section 22-1304 in its entirety and inserting in lieu thereof a new paragraph (1), to read as follows: (1) The name of the corporation and its date and county of incorporation. Code 22-1304 amended. Section 22. Said Code Title is further amended by striking Code section 22-1324 in its entirety and inserting in lieu thereof a new Code section 22-1324, to read as follows: 22-1324. Deposit with Department of Administrative Services of amount due certain creditors or shareholders. Upon the voluntary or involuntary dissolution of a corporation the portion of the assets distributable to a creditor or shareholder who is unknown or cannot be found, or who is under disability and there is no person legally competent to receive such distributive portion, shall be reduced to cash and deposited with the Department of Administrative Services and shall be paid over to such creditor or shareholder or to his legal representative upon proof satisfactory to the Department of Administrative Services of his right thereto. After the Department of Administrative Services has held the unclaimed cash for six months, the Department of Administrative Services shall pay such cash to the Board of Regents of the University System of Georgia, to be held without liability for profit or interest until a claim for such cash shall be filed with the Department of Administrative Services by the parties entitled thereto. No such claim shall

Page 598

be made more than six years after such cash is deposited with the Department of Administrative Services. Section 23. Said Code Title is further amended by striking subsection (a) of Code section 22-1406 in its entirety and inserting in lieu thereof a new subsection (a), to read as follows: (a) The application of the corporation for a certificate of authority shall be delivered to the Secretary of State for filing as provided in section 22-105, together with a copy of its articles of incorporation and all amendments thereto or in lieu thereof, if provided by its jurisdiction of incorporation a copy of its latest restated, composite or consolidated articles of incorporation and all amendments subsequent thereto, either of which copy shall have been duly authenticated by the proper officer of its jurisdiction of incorporation within 90 days of the date the application is filed hereunder, together with a translation into English verified by the translator of the original if written in a foreign language. Code 22-1406 amended. Section 24. Said Code Title is further amended by relettering subsections (c) and (d) of Code section 22-1409 as subsections (d) and (e), respectively, and inserting a new subsection, following subsection (b), to be designated subsection (c), to read as follows: (c) A foreign corporation may also change its registered office or change its registered agent or agents, or both, by indicating any such change on the annual report filed with the Secretary of State pursuant to section 22-1501. Any such change so indicated shall become effective upon the filing of said annual report. Code 22-1409 amended. Section 25. Said Code Title is further amended by adding a new subsection at the end of Code section 22-1414, to be designated subsection (c), to read as follows: (c) Before the Secretary of State shall issue a certificate of withdrawal the corporation shall secure from the State

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Revenue Commissioner a certificate that the corporation has met the requirements concerning reports and taxes. Code 22-1414 amended. Section 26. Said Code Title is further amended by striking paragraph (4) of subsection (a) of Code section 22-1417 in its entirety and inserting in lieu thereof a new paragraph (a), to read as follows: (4) The corporation has failed to file in the office of the Secretary of State any articles of merger within the time prescribed by section 22-1412; or. Code 22-1417 amended. Section 27. Said Code Title is further amended by striking Code section 22-1502 in its entirety and inserting in lieu thereof a new Code section 22-1502, to read as follows: 22-1502. Filing of annual reports of domestic and foreign corporations. Such annual report of a domestic or foreign corporation shall be delivered to the Secretary of State between the first day of January and the first day of April of each year, except that the initial annual report of a foreign corporation shall be filed with its application for a certificate of authority. The initial annual report of a domestic corporation shall be filed within 90 days after the day its articles of incorporation are delivered to the Secretary of State for filing, except that the initial annual report of a domestic corporation whose articles of incorporation are delivered to the Secretary of State for filing subsequent to October 1 shall be filed between the first day of January and the first day of April of the year next succeeding the calendar year in which its certificate of incorporation was issued by the Secretary of State. Proof to the satisfaction of the Secretary of State that prior to midnight on the last day of such filing period such report was deposited in the United States mail in a sealed envelope, properly addressed, with first class postage prepaid, shall be deemed a compliance with this requirement. If the Secretary of State finds that such report conforms to the requirements of this Code, he shall file the same. If he finds that it does not so conform, he shall promptly return the same to the corporation for any necessary corrections, in which event the penalties hereinafter prescribed for failure to file

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such report within the time hereinabove provided shall not apply, if such report is corrected to conform to the requirements of this Code and returned to the Secretary of State within one calendar month from the date it was returned by him to the corporation. Section 28. Said Code Title is further amended by adding a new subsection at the end of Code section 22-1801, to be designated subsection (e), to read as follows: (e) Each foreign corporation that fails to comply with the provisions of section 22-1411 shall be subject to a penalty of $50 for each such violation. Code 22-1801 amended. Section 29. Said Code Title is further amended by striking Code section 22-2105 in its entirety and inserting in lieu thereof a new Code section 22-2105, to read as follows: 22-2105. Filing of documents. (a) Whenever any provision of this Code requires any document to be delivered for filing as provided in this Code, unless otherwise specifically stated in this Code and subject to any additional provisions of this Code, such requirement shall have the meaning prescribed in section 22-105 of Part 1 of this Title. (b) Whenever any document required by the provisions of this Code to be presented to a superior court judge and to be the subject of an order of a superior court judge has been so presented and is the subject of such an order and contains errors in, inaccuracies in or omissions of information required by the provisions of this Code, is an inaccurate record of the corporate action therein referred to, or was defectively or erroneously executed or sealed, such document may be corrected by presenting to a judge of the same superior court articles of correction. The judge shall examine the aforesaid articles of correction and, if they are found to be lawful, shall pass an order declaring the articles of correction granted. The articles of correction shall specify the error, inaccuracy, omission or defect to be corrected and shall set forth the portion of the document in corrected form. The corporation shall thereupon cause to be delivered

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the original articles of correction, with the order of the judge thereon, and two conformed copies of such articles and of the order of the judge thereon to the clerk of such superior court. Upon compliance with the provisions of subsection (b) of this section the clerk shall file one copy of the articles of correction and of the order of the judge thereon, shall note thereon the date of such filing and shall forthwith furnish to the corporation or to its attorney the original and one certified copy of the articles of correction, the order of the judge thereon and the filing of the clerk thereon in the same manner as the original document was delivered and filed. The corporation shall cause to be delivered said original and certified copy to the Secretary of State who shall retain the original and shall issue and deliver a certificate of correction with a certified copy of the articles of correction attached thereto in the same manner as a certificate was issued and delivered with respect to the original document. The corrected document shall be effective as of the effective date of the original document, except as to those persons who are substantially and adversely affected by the correction, and as to those persons the corrected document shall be effective at the time of the filing of the articles of correction and of the judge's order thereon with the clerk of such superior court. (c) No fee shall be payable to the clerk of the superior court or the Secretary of State for their services with respect to articles of correction, the order of the judge thereon and the certificate of correction. The filing of articles of correction as authorized in subsection (b) of this Section shall not require the republication of any notice previously published in connection with the filing of the original document unless the error, inaccuracy, ommission, or defect in the original document relates to information which was disclosed in said notice. In the event the error, inaccuracy, omission, or defect in the original document relates to information disclosed in said notice, a new notice shall be published in the same manner as the original publication. The publisher's fee for such republication shall be the same as the fee for the original publication. Section 30. Said Code Title is further amended by striking

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subsection (c) of Code section 22-2601 in its entirety and inserting in lieu thereof a new subsection (c), to read as follows: (c) Directors shall be natural persons of the age of 18 years or over, but need not be residents of this State or members of the corporation unless the articles of incorporation or bylaws so require. The articles of incorporation or bylaws may prescribe additional qualifications for directors. Code 22-2601 amended. Section 31. Said Code Title is further amended by adding a new subsection at the end of Code section 22-2605, to be designated subsection (c), to read as follows: (c) Unless the articles of incorporation or bylaws otherwise provide, members of the board of directors, or any committee designated by such board, may participate in a meeting of such board or committee by means of conference telephone or similar communications equipment by means of which all persons participating in the meeting can hear each other, and participation in a meeting pursuant to this subsection shall constitute presence in person at such meeting. Code 22-2605 amended. Section 32. Said Code Title is further amended by striking subsection (a) of Code section 22-2606 in its entirety and inserting in lieu thereof a new subsection (a), to read as follows: (a) If the articles of incorporation or the bylaws so provide, the board of directors may designate from among its members an executive committee and one or more other committees, each consisting of two or more directors, and each of which, to the extent provided in such resolution or in the articles of incorporation or the bylaws of the corporation, shall have and may exercise all the authority of the board of directors. Code 22-2606 amended. Section 33. Said Code Title is further amended by striking paragraph (1) of subsection (c) of Code section 22-3102

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in its entirety and inserting in lieu thereof a new paragraph (1), to read as follows: (1) The name of the corporation and its date and county of incorporation. Code 22-3102 amended. Section 34. Said Code Title is further amended by adding a new subsection at the end of Code section 22-3106, to be designated subsection (h), to read as follows: (h) That the Secretary of State has theretofore filed a statement of intent to dissolve the corporation, and the date on which such statement was filed. Code 22-3106 amended. Section 35. Said Code Title is further amended by striking Code section 22-3118 in its entirety and inserting in lieu thereof a new Code section 22-3118, to read as follows: 22-3118. Deposits with Department of Administrative Services. Upon the voluntary or involuntary dissolution of a corporation the portion of the assets distributable to any person who is unknown or cannot be found, or who is under disability and there is no person legally competent to receive such distributive portion, shall be reduced to cash and deposited with the Department of Administrative Services and shall be paid over to such person or to his legal representative upon proof satisfactory to the Department of Administrative Services of his right thereto. After the Department of Administrative Services has held the unclaimed cash for six months, the Department of Administrative Services shall pay such cash to the Board of Regents of the University System of Georgia, to be held without liability for profit or interest until a claim for such cash shall be filed with the Department of Administrative Services by the parties entitled thereto. No such claim shall be made more than six years after such cash is deposited with the Department of Administrative Services. Section 36. Said Code Title is further amended by striking subsection (a) of Code section 22-3206 in its entirety and inserting in lieu thereof a new subsection (a), to read as follows:

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(a) The application of the corporation for a certificate of authority shall be delivered to the Secretary of State for filing as provided in section 22-2105, together with a copy of its articles of incorporation and all amendments thereto or in lieu thereof, if provided for by its jurisdiction of incorporation, a copy of its latest restated, composite or consolidated articles of incorporation and all amendments subsequent thereto, either of which copy shall have been duly authenticated by the proper officer of its jurisdiction of incorporation within 90 days of the date the application is filed hereunder, together with a translation into English verified by the translator if the original is written in a foreign language. Code 22-3206 amended. Section 37. Said Code Title is further amended by relettering subsections (c) and (d) of Code section 22-3209 as subsections (d) and (e), respectively, and inserting a new subsection, following subsection (b), to be designated subsection (c), to read as follows: (c) A foreign corporation may also change its registered office or change its registered agent or agents, or both, by indicating any such change on the annual report filed with the Secretary of State pursuant to section 22-3301. Any such change so indicated shall become effective upon the filing of said annual report. Code 22-3209 amended. Section 38. Said Code Title is further amended by adding a new subsection at the end of Code section 22-3214, to be designated subsection (c), to read as follows: (c) Before the Secretary of State shall issue a certificate of withdrawal the corporation shall secure from the State Revenue Commissioner a certificate that the corporation has met the requirements concerning reports and taxes. Code 22-3214 amended. Section 39. Said Code Title is further amended by striking paragraph (4) of subsection (a) of Code section 22-3217 in its entirety and inserting in lieu thereof a new paragraph (4), to read as follows:

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(4) The corporation has failed to file in the office of the Secretary of State any articles of merger within the time prescribed by section 22-3212; or. Code 22-3217 amended. Section 40. Said Code Title is further amended by striking Code section 22-3302 in its entirety and inserting in lieu thereof a new Code section 22-3302, to read as follows: 22-3302. Filing of annual report of domestic and foreign corporations. Such annual report of a domestic or foreign corporation shall be delivered to the Secretary of State between the first day of January and the first day of April of each year except that the initial annual report of a foreign corporation shall be filed with its application for a certificate of authority. The initial annual report of a domestic corporation shall be filed within 90 days after the day its articles of incorporation are delivered to the Secretary of State for filing, except that the initial annual report of a domestic corporation whose articles of incorporation are delivered to the Secretary of State for filing subsequent to October 1 shall be filed between the first day of January and the first day of April of the year next succeeding the calendar year in which its certificate of incorporation was issued by the Secretary of State. Proof to the satisfaction of the Secretary of State that prior to midnight on the last day of such filing period such report was deposited in the United States mail in a sealed envelope, properly addressed, with first class postage prepaid, shall be deemed a compliance with this requirement. If the Secretary of State finds that such report conforms to the requirements of this Code, he shall file the same. If he finds that it does not so conform, he shall promptly return the same to the corporation for any necessary corrections, in which event the penalties hereinafter prescribed for failure to file such report within the time hereinabove provided shall not apply, if such report is corrected to conform to the requirements of this Code and returned to the Secretary of State within one calendar month from the date it was returned by him to the corporation. Section 41. Said Code Title is further amended by striking subsection (b) of Code section 22-3601 in its entirety and

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inserting in lieu thereof a new subsection (b), to read as follows: (b) Each foreign corporation that conducts affairs in this State without authority, after 30 days, shall be subject to a penalty of $100 for each year or part thereof during which it so conducts affairs. Code 22-3601 amended. Section 42. Said Code Title is further amended by adding a new subsection at the end of Code section 22-3601, to be designated subsection (e), to read as follows: (e) Each foreign corporation that fails to comply with the provisions of Section 22-3211 shall be subject to a penalty of $50 for each such violation. Code 22-3601 amended. Section 43. Said Code Title is further amended by striking Code Section 22-5301 in its entirety. Code 22-5301 repealed. Section 44. This Act shall become effective at 12.01 a.m. on July 1, 1975, except that section 27 and section 40 of this Act shall become effective at 12:01 a.m. on January 1, 1976. Effective date. Section 45. 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 46. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975.

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PUBLIC OFFICERSPEACE OFFICERS ALLOWED TO APPEAR BEFORE GRAND JURY CONSIDERING INDICTMENT. No. 461 (House Bill No. 295). An Act to provide that before an indictment against a peace officer charging such officer with a crime which is alleged to have occurred while he was in the performance of his duties shall be returned by a grand jury, the rights provided in Code section 89-9908, relating to certain officials, shall be afforded such officer, and such officer shall be notified of such contemplated action by the district attorney of the county wherein the grand jury shall convene; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Before an indictment against a peace officer charging such officer with a crime which is alleged to have occurred while he was in the performance of his duties shall be returned by a grand jury, the rights provided in Code section 89-9908, relating to certain officials, shall be afforded such officer and such officer shall be notified of such contemplated action by the district attorney of the county wherein the grand jury shall convene. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. INTOXICATING BEVERAGERETAIL LICENSEEQUANTITY LIMITATION PROVIDED, ETC. No. 462 (House Bill No. 413). An Act to amend an Act known as the Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors,

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approved February 3, 1938 (Ga. L. 1937-38, Ex. Sess., p. 103), as amended, so as to provide a limitation upon the quantity of distilled spirits which may lawfully be sold by a retail licensee; to provide exceptions to such limitation and procedures connected therewith; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors, approved February 3, 1938 (Ga. L. 1937-38, Ex. Sess., p. 103), as amended, is hereby amended by striking section 29 of said Act in its entirety and inserting in lieu thereof a new section 29 to read as follows: Section 29. No retail licensee shall willfully and knowingly sell more than one standard case of half-gallon, quart, or fifth size containers of distilled spirits at any one time to any purchaser without a special permit issued by the Revenue Commissioner under rules and regulations issued by him as hereinafter provided. Under no circumstances shall a retail licensee sell more than 8 individual containers of distilled spirits of a size of pint or 4 individual containers of distilled spirits of a size of 1 pint of any one time to any one purchaser. Any retail licensee willfully and knowingly selling more than the quantities of the sizes of containers specified herein without a special permit from the Commissioner shall be guilty of a misdemeanor; and in addition thereto, shall be subject to the other penalties coming under the jurisdiction of the Revenue Commissioner, such as suspension and revocation of license and forfeiture of bond. The Commissioner shall be authorized to issue a special permit to a purchaser which shall authorize a retail dealer to sell such purchaser an amount of distilled spirits not to exceed five standard cases, and such permit shall show the full name and address of the purchaser, the full name and address of the retail dealer or seller, the purpose for which the purchase is made, and the ultimate destination of the quantity purchased. The purchaser shall further file with the State Revenue Commissioner prior to the issuance

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of a permit a sworn affidavit on forms provided by the Commissioner for such purpose which shall contain the statement that such purchase is not for resale and will be used and handled in all respects in accordance with the law. Quantity. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. GEORGIA CONDOMINIUM ACT. No. 463 (House Bill No. 619). An Act to provide for the creation of condominium interests in this State; to provide for a short title; to provide for the applicability of this Act; to define certain terms; to provide for separate titles and taxation; to provide that all laws, ordinances and regulations concerning land use, zoning or building shall be construed without regard to the form of ownership; to provide that no subdivision laws, ordinances or regulations shall apply to any subdivision of any convertible space or unit; to provide for the allocation of eminent domain awards to the unit owners if any portion of the common elements is taken by eminent domain; to provide for the restoration of damaged or destroyed units; to provide for the foreclosure of mortgages and the responsibilities of the parties connected therewith; to provide for liens and the responsibilities of the parties connected therewith; to provide for the creation of the condominium; to provide for descriptions of condominium units; to provide for the recordation of condominium instruments and other instruments; to provide for the construction, complementarity and validity of condominium instruments; to provide for compliance with condominium instruments; to provide for the contents

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of the declaration; to provide for the allocation of interests in the common elements; to provide for the allocation of votes in the association; to provide for the allocation of liabilities for common expenses; to provide for the reallocation of interests in common elements, votes and liabilities for common expenses; to provide for assignments and reassignments of limited common elements; to provide for the contents of the plats and plans; to provide for the preliminary recordation of plans; to provide for easements; to provide for leasehold condominiums; to provide for the conversion of convertible spaces; to provide for the expansion of the condominium; to provide for alterations within units; to provide for relocation of boundaries between units; to provide for the subdivision of units; to provide the procedure for amending condominium instruments; to provide the procedure for terminating the condominuim; to provide the procedure for withdrawing submitted property; to provide for the incorporation, articles of incorporation and bylaws of the association; to provide for the control of association by declarant; to provide for the surrender of control to unit owners; to provide for the responsibility of the declarant; to provide for meetings of the association; to provide for a quorum of the members of the association and the board of directors; to provide for directors and officers; to provide for the upkeep of the condominium; to provide for the powers and responsibilities of the association; to provide for the tort liability of the association; to provide for the types of insurance the association shall be required to obtain; to provide for the rights to common profits; to provide for liens against any unit owner or condominium unit for assessments; to provide for the restraints on alienation; to provide the procedure for sales of condominium units; to provide for disclosure and the items to be disclosed to prospective purchasers; to provide for contract and advertising requirements; to provide for the escrow of deposits on condominium units; to provide for the liberal construction of this Act; to provide that substantial compliance with the requirements of this Act shall suffice to bring property described in condominium instruments recorded pursuant to the provisions of this Act within the purview and application

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of this Act; to provide for other matters relative to the foregoing; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Short Title. This Act shall be known and may be cited as the Georgia Condominium Act. Section 2. Application. This Act shall apply to all property submitted to the provisions hereof in accordance with the provisions hereof and shall also apply to any condominium previously created pursuant to the Apartment Ownership Act if the instruments creating the same have been amended in accordance with their terms in order to submit such condominium to the provisions of this Act. Existing condominiums created pursuant to the Apartment Ownership Act may amend the instruments creating the same in certain respects in order to avail themselves of the provisions of this Act; provided, however, that any such amendment must conform the instrument or instruments creating such condominium to this Act in all necessary respects and the same shall thereafter be deemed to be submitted to the provisions of this Act. No condominium shall be established under the Apartment Ownership Act on or after the effective date hereof. Nothing contained in this Act shall be construed to affect the validity of any provision of any instrument recorded prior to the effective date hereof. Section 3. Definitions. As used in this Act, the following terms shall have the following meanings: (a) Additional property means any property which may be added to an expandable condominium in accordance with the provisions of the declaration and of this Act. (b) Association means a corporation formed for the purpose of exercising the powers of the association of any condominium created pursuant hereto. (c) Board of directors or board means an executive and administrative body, by whatever name denominated,

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designated in the condominium instruments as the governing body of the association. (d) Common elements means all portions of the condominium other than the units. (e) Common expenses means all expenditures lawfully made or incurred by or on behalf of the association, together with all funds lawfully assessed for the creation and/or maintenance of reserves pursuant to the provisions of the condominium instruments. (f) Common profits means all income collected or accrued by or on behalf of the association, other than income derived from assessments pursuant to Section 17 hereof. (g) Condominium means the property lawfully submitted to this Act by the recordation of condominium instruments pursuant to the provisions of this Act. No property shall be deemed to be a condominium within the meaning of this Act unless undivided interests in common elements are vested in the unit owners. (h) Condominium instruments means the declaration and plats and plans, recorded pursuant to the provisions of this Act. Any exhibit, schedule, or certification accompanying a condominium instrument and recorded simultaneously therewith shall be deemed an integral part of that condominium instrument. Any amendment or certification of any condominium instrument shall, from the time of the recordation of such amendment or certification, be deemed an integral part of the affected condominium instrument, so long as such amendment or certification was made in accordance with the provisions of this Act. (i) Condominium unit means a unit together with the undivided interest in the common elements appertaining to that unit. (j) Convertible space means a portion of a structure within the condominium, which portion may be converted into one or more units and/or common elements (including

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but not limited to limited common elements) in accordance with the provisions of this Act. (k) Court means the superior court of the county wherein the condominium, or any part thereof, is situated. (l) Declarant means all owners and/or lessees of the property who execute the declaration or on whose behalf the declaration is executed; provided, however, that the phrase owner and/or lessees as used herein, in section 9 hereof and in section 25 hereof shall not include, in his capacity as such, any mortgagee, any lien holder, any person having an equitable interest under any contract for the sale and/or lease of a unit, or any lessee or tenant of a unit. From the time of the recordation of any amendment to the declaration expanding an expandable condominium, all persons who execute that amendment or on whose behalf that amendment is executed shall also come within this definition. Any successor-in-title of any owner and/or lessee referred to in this subsection who comes to stand in the same relation to the condominium as his predecessor did shall also come within this definition. (m) Declaration means the recordable instrument containing those matters required by section 14 hereof and any lawful amendments thereto. (n) Expandable condominium means a condominium to which additional property may be added in accordance with the provisions of the declaration and of this Act. (o) Foreclosure shall include, without limitation, the judicial foreclosure of a mortgage or the exercise of a power of sale contained in any mortgage. (p) Identifying number means one or more letters, numbers, symbols or words, or any combination thereof, that identifies only one unit in the condominium. (q) Leasehold condominium means a condominium in all or any portion of which each unit owner owns an estate for years or leasehold estate in his unit, or in the property

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on or within which that unit is situated, or both. A condominium including an estate for years in property (or an interest therein) on or within which no units are situated or to be situated shall not be deemed a leasehold condominium within the meaning of this Act. (r) Limited common element means a portion of the common elements reserved for the exclusive use of those entitled to the use of one or more (but less than all) of the units. (s) Mortgage means a mortgage, deed to secure debt, deed of trust or other instrument conveying a lien upon or security title to property. (t) Mortgagee means the holder of a mortgage. (u) Officer means an officer of the association. (v) Person means a natural person, corporation, partnership, association, trust, or other entity, or any combination thereof. (w) Property means any real property and/or any interest in real property, including, without limitation, parcels of air space. (x) Record means to file for record in the office of the clerk of the court of all counties in which the condominium or any part thereof is located. (y) Submitted property means the property lawfully submitted to the provisions of this Act by the recordation of condominium instruments pursuant to the provisions of this Act. Additional property shall be deemed to be submitted property upon the expansion of a condominum pursuant to the provisions of this Act. (z) Unit means a portion of the condominium intended for any type of independent ownership and use. For the purposes of this Act, a convertible space shall also be deemed a unit.

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(aa) Unit owner means one or more persons, including the declarant, who own a condominium unit, or, in the case of a leasehold condominium, whose leasehold interest or interests in the condominium extend for the entire balance of the unexpired term or terms. Section 4. Separate Titles and Taxation. Each condominium unit shall constitute for all purposes a separate parcel of real property, distinct from all other condominium units. If there is any unit owner other than the declarant, then no tax or assessment shall be levied on the condominium as a whole, but only on the individual condominium units. Section 5. Land Use, Zoning, Building and Subdivision Laws. No subdivision law, ordinance or regulation shall apply to any subdivision of any convertible space or unit as defined in this Act. Notwithstanding the foregoing provisions of this section, however, nothing contained in this section shall be construed to amend, supersede or invalidate any provision of the Georgia Land Sales Act of 1972, as the same may be amended, nor shall section 28 hereof be construed to override any lawful density requirement imposed by any zoning, building or land use law, ordinance or regulation. Section 6. Eminent Domain. (a) If any portion of the common elements is taken by eminent domain, the award therefor shall be allocated to the unit owners in proportion to their respective undivided interests in the common elements, unless otherwise provided in the condominium instruments; provided, however, that the portion of the award attributable to the taking of any permanently assigned limited common element shall be allocated to the unit owner of the unit to which that limited common element was so assigned at the time of the taking. If any limited common element is permanently assigned to more than one unit at the time of the taking, then the portion of the award attributable to the taking thereof shall be allocated in equal shares to the unit owners of the units to which it was so assigned or in such other shares as the declaration may specify for this purpose. A permanently assigned limited common element is a limited common element which cannot

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be reassigned or which can be reassigned only with the consent of the unit owner or owners of the unit or units to which it is assigned. (b) If one or more units are taken by eminent domain, the undivided interest in the common elements appertaining to any such units shall thenceforth appertain to the remaining units, being allocated to them in proportion to their respective undivided interests in the common elements. The court shall enter a decree reflecting the reallocation of undivided interests produced thereby, and the award shall include, without limitation, just compensation to the unit owner of any unit taken for his undivided interest in the common elements as well as for his unit. (c) If a portion of any unit is taken by eminent domain, the court shall determine the fair market value of the portion of such unit not taken, and the undivided interest in the common elements appertaining to any such unit shall be reduced, in the case of each such unit, in proportion to the diminution in the fair market value of such unit resulting from the taking. The portion of undivided interest in the common elements thereby divested from the unit owner of any such unit shall be reallocated among that unit and the other units in the condominium in proportion to their respective undivided interests in the common elements, with any units partially taken participating in such reallocation on the basis of their undivided interests as reduced in accordance with the preceding sentence. The court shall enter a decree reflecting the reallocation of undivided interests produced thereby, and the award shall include, without limitation, just compensation to the unit owner of any unit partially taken for that portion of his undivided interest in the common elements divested from him by operation of the first sentence of this subsection and not revested in him by operation of the following sentence, as well as for that portion of his unit taken by eminent domain. (d) If, however, the taking of a portion of any unit makes it impractical to use the remaining portion of that unit for the primary purpose permitted by the condominium instruments, then the entire undivided interest in the common

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elements appertaining to that unit shall thenceforth appertain to the remaining units, being allocated to them in proportion to their respective undivided interests in the common elements, and the remaining portion of that unit shall thenceforth be a part of the common elements. The court shall enter a decree reflecting the reallocation of the undivided interests produced thereby, and the award shall include, without limitation, just compensation to the unit owner of such unit for his entire undivided interest in the common elements and for his entire unit. (e) Votes in the association and liability for future common expenses appertaining to any unit or units taken or partially taken by eminent domain, shall thenceforth appertain to the remaining units, being allocated to them in proportion to their relative voting strength in the association, and liability for common expenses, respectively, with any unit partially taken participating in such reallocation as though its voting strength and its liability for common expenses in the association had been reduced in proportion to the reduction in its undivided interest in the common elements, and the decree of the court shall provide accordingly. (f) Any or all of the matters which are prescribed for the determination of the court may instead be resolved by amendment to the declaration agreed to by unit owners to which more than fifty percent of the votes in the association appertain, including the unit owner of all units wholly or partially taken or to which there is appurtenant any permanently assigned limited common element wholly or partially taken, together with the mortgagee of each such unit. Section 7. Damage or Destruction of Units. Unless otherwise provided in the condominium instruments, in the event of damage to or destruction of any unit, the association shall cause the same to be restored and any funds required for such restoration in excess of the insurance proceeds attributable thereto shall be paid by the unit owner of such unit; provided, however, that in the event that the unit owner of such unit, together with the unit owners of

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other units to which two-thirds of the votes in the association appertain, agree not to restore such unit, the same shall not be restored and the entire undivided interest in the common elements appertaining to that unit shall thenceforth appertain to the remaining units, being allocated to them in proportion to their undivided interests in the common elements, and the remaining portion of that unit shall thenceforth be a part of the common elements. Votes in the association and liability for future common expenses shall thereupon appertain to the remaining units, being allocated to them in proportion to their relative voting strength in the association and liability for common expenses, respectively. Section 8. Mortgages and Liens. (a) In the event of the foreclosure of any mortgage or lien which is subordinate to the declaration or from which any condominium unit has been released, such foreclosure shall not terminate the condominium, and the mortgagee, lien holder or other purchaser at foreclosure shall, upon such purchase, become the owner of all condominium units which had not been released from such mortgage or lien prior to such purchase; however, in the event of the foreclosure of any mortgage or lien which is not subordinate to the declaration and from which no condominium unit has been released, the foreclosure of such mortgage or lien shall terminate the condominium unless the foreclosing mortgagee or lien holder subordinates thereto prior to foreclosure or forecloses subject to the declaration. For the purposes of this section 8, a lien for labor or services performed or for materials furnished in the improvement of property, either before or after it becomes submitted property, recorded upon the submitted property as a whole after the recordation of the declaration shall be subordinate to the declaration. (b) Any other provision of law to the contrary notwithstanding, liens for labor and services performed and for materials furnished for the improvement of property either before or after it becomes submitted property, and performed or used in the original construction of any portion of a condominium or additional property of an expandable condominium, may be recorded against the submitted property

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as a whole; provided, however, any such lien shall constitute a valid lien only against those units which have not been conveyed by the declarant to any person in a bona fide sale and purchase transaction prior to the recording of such lien, and as to those units which have been so conveyed said lien shall be inapplicable and unenforceable. (c) Subsequent to the creation of the condominium, and so long as the submitted property remains subject to this Act, no lien shall arise, or except as provided in subsections (a) and (b) above be effective, against the submitted property as a whole. During such period of submission to this Act, and except as provided above, liens or encumbrances shall arise or be created or effective only against each condominium unit in the same manner and under the same conditions in every respect as liens or encumbrances may arise or be created upon or be effective against any other separate parcel of real property subject to individual ownership; provided, however, that labor or services performed or materials furnished for improvement of the common elements, if duly authorized by the association, shall be deemed to be performed or furnished with the express consent of each unit owner and shall, if other applicable provisions of law are complied with and subject to the limitations thereof, create a lien upon all of the condominium units subject to the provisions of subsection (d) hereof. (d) In the event that any such lien for labor or services performed or materials furnished for improvement of the common elements becomes effective subsequent to the creation of the condominium, any unit owner may remove that lien from his condominium unit by payment of the amount attributable to his condominium unit. Such amount shall be computed by reference to the liability for common expenses appertaining to that condominium unit pursuant to section 17(c) hereof. Subsequent to such payment, discharge or other satisfaction, the unit owner of that condominium unit shall be entitled to have that lien released as to his condominium unit in accordance with applicable provisions of law, and the association shall not assess, or have a valid lien against, that condominium unit for any portion of the common expenses incurred in connection with that lien, notwithstanding

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anything to the contrary in sections 17 and 41 hereof. Section 9. Creation of the Condominium. A condominium shall come into existence upon the recordation of the declaration pursuant to the provisions of this Act and of the plats and/or plans required by section 20 hereof. The declaration shall be duly executed by or on behalf of all of the owners and/or lessees of the submitted property. Section 10. Descriptions of Condominium Units. After the submission of any property to the provisions of this Act, no description of a condominium unit located thereon shall be deemed vague, uncertain, or otherwise insufficient which sets forth the identifying number of that unit, the name of the condominium, the name of the county or counties wherein the condominium is situated, and the deed book and page number where the first page of the declaration is recorded. Any such description shall be deemed to include the undivided interest in the common elements appertaining to such unit event if such interest is not stated or referred to therein. Section 11. Recordation of Condominium Instruments and Other Instruments. (a) The declaration and any amendments thereof shall be entitled to recordation if executed in the manner required for recording deeds to real property. All condominium instruments, and any amendments and certifications thereof, shall set forth the name of the condominium, the name of the county or counties in which the condominimum is located, and, except for the declaration itself, the deed book and page number where the first page of the declaration is recorded or the document number of the declaration assigned upon recordation thereof. All condominium instruments, and all amendments and certifications thereof, shall be recorded in every county wherein any portion of the condominium is located. Such recordation shall not require the approval of any county or municipal authority or official except as to the manner of execution hereby prescribed. (b) In addition to the records and indexes required to be

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maintained by the clerk of the court, he shall maintain one or more separate plat books entitled Condominium Plat Book wherein shall be recorded all plats required to be filed pursuant to this Act. In addition to such plats, there shall also be entitled to be recorded in such plat books other plats (including site plans and plot plans) prepared by a registered land surveyor affecting any condominium, but the same shall not constitute the recording of a plat pursuant to section 20 hereof unless the same complies with all requirements thereof. The record of the declaration and of any amendment thereto shall contain a reference to the plat book and page number of the plat or plats recorded in connection therewith. (c) The plans required to be recorded pursuant to section 20 hereof shall be kept by the clerk of the court in a separate file for each condominium, indexed in the same manner as a conveyance entitled to record, numbered serially in the order of receipt, each designated Condominium Plans, with the name of the condominium, and each containing a reference to the deed book and page number where the first page of the declaration is recorded or the document number of the declaration assigned upon recordation thereof. The record of the declaration and of any amendment thereto shall contain a reference to the file number of the plans recorded in connection therewith. (d) All deeds, mortgages, liens, leases and encumbrances of any kind affecting any condominium unit, or duplicate originals thereof or copies thereof certified by the clerk of superior court in whose office the same is first recorded, shall be recorded in all counties in which any part of the submitted property is located. Section 12. Construction, Complementarity and Validity of Condominium Instruments. (a) Except to the extent otherwise provided by the condominium instruments: (1) The terms defined in section 3 hereof shall be deemed to have the meanings therein specified wherever they appear in the condominium instruments unless the context otherwise requires.

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(2) To the extent that walls, floors, and/or ceilings are designated as the boundaries of the units or of any specified units, all doors and windows therein, and all lath, wallboard, plasterboard, plaster, paneling, molding, tiles, wallpaper, paint, finished flooring, and any other materials constituting any part of the finished surfaces thereof, shall be deemed a part of such units, while all other portions of such walls, floors, and/or ceilings shall be deemed a part of the common elements. (3) If any chutes, flues, ducts, conduits, wires, bearing walls, bearing columns, or any other apparatus lies partially within and partially outside of the designated boundaries of a unit, any portions thereof serving only that unit shall be deemed a part of that unit, while any portions thereof serving more than one unit or any portion of the common elements shall be deemed a part of the common elements. (4) Subject to the provisions of subsection (3) hereof, all space, interior partitions, and other fixtures and improvements within the boundaries of a unit shall be deemed a part of that unit. (5) Any shutters, awnings, window boxes, doorsteps, porches, balconies, patios, and any other apparatus designed to serve a single unit shall be deemed a limited common element appertaining to that unit exclusively. (6) The requirement of consent to or joinder in any act or instrument by any unit owner shall not be deemed to require the consent to or joinder in such act or instrument by any mortgagee of, or the holder of any lien upon, such unit owner's condominium unit, except to the extent expressly required by this Act. (b) In the event that any allocation of undivided interest in the common elements, votes in the association or liability for common expenses stated in any deed or mortgage to or of any condominium unit conflicts with the allocations thereof as set forth in the declaration, the declaration shall control.

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(c) In the event of any inconsistency between the provisions of this Act and the provisions of any declaration, this Act shall control. (d) The condominium instruments shall be construed together and shall be deemed to incorporate one another to the extent that any requirement of this Act as to the content of one would be satisfied if any other condominium instrument were incorporated therein by reference. (e) If any provision, sentence, clause, phrase or word of any condominium instrument, or the application thereof in any circumstances, is held invalid, the validity of the remainder of such condominium instrument, and of the application of any such provision, sentence, clause, phrase or word in other circumstances, shall not be affected thereby. Section 13. Compliance with Condominium Instruments. Every unit owner and all those entitled to occupy a unit shall comply with all lawful provisions of the condominium instruments. Any lack of such compliance shall be grounds for an action or suit to recover sums due, for damages or injunctive relief, or for any other remedy available at law or in equity, maintainable by the association or, in any proper case, by one or more aggrieved unit owners on their own behalf or as a class action. If and to the extent provided in the declaration, the association shall be empowered, in order to enforce such compliance, to impose and assess fines and suspend temporarily the right of use of certain of the common elements; provided, however, that no such suspension shall deny any such unit owner or such occupants access to the unit owned or occupied nor cause any hazardous or unsanitary condition to exist. Section 14. Contents of the Declaration. (a) The declaration for every condominium shall contain the following: (1) The name of the condominium, which name shall include the word Condominium or be followed by the words a Condominium. (2) The name of the county or counties in which the condominium is located.

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(3) A legal description by metes and bounds of the submitted property, including the horizontal (upper and lower) boundaries, if any, as well as the vertical (lateral) boundaries. (4) A description or delineation of the boundaries of the units, including the horizontal (upper and lower) boundaries, if any, as well as the vertical (lateral) boundaries. (5) A description or delineation of the limited common elements, if any, showing or designating the unit or units to which each is assigned. (6) A description or delineation of all common elements which may subsequently be assigned as limited common elements, together with a statement that they may be so assigned and a description of the method whereby any such assignments shall be made in accordance with the provisions of section 19 hereof. (7) The allocation to each unit of an undivided interest in the common elements in accordance with the provisions of section 15 hereof. (8) The allocation to each unit of a number of votes in the association in accordance with the provisions of section 16 hereof. (9) The allocation to each unit of a share of the liability for common expenses in accordance with the provisions of section 17 hereof. (10) Any limitations or restrictions on the powers of the association and the board of directors. (11) The name and address of the attorney or other person who prepared the declaration. (12) A statement of any and all restrictions on the general use of the condominium or a statement that there are no such restrictions.

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(13) Such other matters, not inconsistent with this Act, as the declarant deems appropriate. (b) If the condominium is an expandable condominium, the declaration shall also contain the following: (1) The explicit reservation of an option or options to expand the condominium. (2) A time limit or date, not exceeding seven years from the recording of the declaration, upon which all options to expand the condominium shall expire, together with a statement of the circumstances, if any, which will terminate any such option prior to the expiration of the time limit so specified; provided, however, that if the condominium instruments so provide, the unit owners of units to which two-thirds of the votes in the association appertain, exclusive of any vote or votes appurtenant to any unit or units then owned by the declarant, may consent to the extension of any such option within one year prior to the date upon which any such option would otherwise have expired. (3) A statement of any other limitations on such option or options, or a statement that there are no such limitations. (4) A legal description by metes and bounds of the additional property, including the horizontal (upper and lower) boundaries, if any, as well as the vertical (lateral) boundaries. (5) A statement as to whether portions of the additional property may be added to the condominium at different times, together with any limitations fixing the boundaries of those portions by legal descriptions setting forth the metes and bounds thereof and/or regulating the order in which they may be added to the condominium, or a statement that there are no such limitations. (6) A statement of any limitations as to the location of any improvements that may be made on any portions of the additional property, or a statement that there are no such limitations.

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(7) A statement of the maximum number of units that may be created on the additional property. If portions of the additional property may be added to the condominium and the boundaries of those portions are fixed in accordance with item (5) of this subsection, the declaration shall also state the maximum number of units that may be created on each such portion added to the condominium. If portions of the additional property may be added to the condominium and the boundaries of those portions are not fixed in accordance with item (5) of this subsection, then the declaration shall also state the maximum average number of units per acre that may be created on any such portion added to the condominium. (8) A statement, with regard to the additional property, of whether any units may be created therein that may not be restricted exclusively to residential use, and, if so, a statement of the maximum extent thereof or a limitation as to the extent of such nonresidential use. (9) A statement of the extent to which any structures erected on any portion of the additional property added to the condominium will be compatible with structures on the submitted property in terms of quality of construction, the principal materials to be used and architectural style, or a statement that no assurances are made in those regards. (10) A description of all other improvements that will be made on any portion of the additional property added to the condominium, or a statement of any limitations as to what other improvements may be made thereon, or a statement that no assurances are made in that regard. (11) A statement that any units created on any portion of the additional property added to the condominium will be substantially identical to the units on the submitted property, or a statement of any limitations as to what types of units may be created thereon, or a statement that no assurances are made in that regard. (12) A description of the declarant's reserved right, if any, to create limited common elements within any portion

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of the additional property and/or to designate common elements therein which may subsequently be assigned as limited common elements, in terms of the types, sizes and maximum number of such limited common elements within each such portion, or a statement that no limitations are placed on that right. (13) A statement of a formula, ratio or other method whereby, upon the expansion of any expandable condominium, there shall be reallocated among the units (a) the undivided interests in the common elements, (b) the votes in the association and (c) the liability for common expenses. Provided, that plats and/or plans may be recorded with the declaration of any amendment thereto and identified therein to supplement or provide information required to be furnished pursuant to this subsection, and that item (8) of this subsection need not be compiled with if none of the units on the submitted property are restricted exclusively to residential use. (c) If the condominium contains any convertible space, the declaration shall also contain a statement of a formula, ratio or other method whereby, upon the conversion of all or any portion of a convertible space, there shall be allocated among the units created therefrom (a) the undivided interest in the common elements, (b) the votes in the association, and (c) the liability for common expenses, which previously appertained to such convertible space. (d) If the condominium is a leasehold condominium, the declaration shall set forth, with respect to any ground lease, other lease or other instrument creating the estate for years the expiration or termination of which may terminate or contract the condominium, the county or counties wherein the same are recorded and the deed book and page number where the first page of each such lease or other instrument is recorded. The declaration shall also contain the following: (1) The date upon which such leasehold or estate for years is due to expire.

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(2) A statement of whether any property will be owned by the unit owners in fee simple, and, if so, a legal description by metes and bounds of any such property. With respect to any improvements owned by the unit owners in fee simple, the declaration shall contain a statement of any rights the unit owners shall have to remove such improvements after the expiration or termination of the leasehold or estate for years involved or a statement that they shall have no such rights. (3) A statement of the name and address of the person or persons to whom payments of rent must be made by the unit owners unless such rent is collected from the unit owners as a part of the common expenses. (4) A statement of the share of liability for payments under any such lease or other instrument chargeable against each unit. (e) Whenever this section requires a legal description by metes and bounds of submitted property or additional property, such requirement shall be deemed to include a requirement of a legally sufficient description of any easements that are submitted to this Act or that may be added to the condominium, as the case may be. In the case of any such easement, the declaration shall contain the following: (1) A description of the permitted use or uses. (2) If the benefit of such easement does not inure to all units and their lawful occupants, a statement of the relevant restrictions and limitations on utilization. (3) If any person other than those entitled to occupy any unit may use such easement, a statement of the rights of others to such use. Provided, however, that the foregoing requirements may be satisfied by attaching a true copy of any such easement to the declaration. (f) Whenever this section requires a legal description by

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metes and bounds of submitted property or additional property, such requirement shall be deemed to include a separate legal description by metes and bounds of all property in which the unit owners collectively shall or may be tenants in common or joint tenants with any other persons. No units shall be situated on any such property however, and the declaration shall describe the nature of the unit owners' estate therein. No such property shall be shown on the same plat or plats showing other portions of the condominium, but shall be shown instead on separate plats, unless such property is specifically shown and labeled as being owned subject to such a tenancy. (g) Wherever in this Act there is required a statement of a method for allocation or reallocation of undivided interests in the common elements, votes in the association and the liability for common expenses, such method shall be so related to the physical characteristics of the units affected, or otherwise so stated, as to enable any person to determine the interest, vote or share in such matters appertaining to any particular unit upon such allocation or reallocation. Certain spaces within the units (including, without limitation, attic, basement and/or garage space) may but need not be omitted from such calculation or partially discounted by the use of a ratio, so long as the same basis of calculation is employed for all units in the condominium. In the event that the declaration allocates or provides for the allocation to any unit of a different share of undivided interests in common elements than is allocated for liability for common expenses, such difference shall be based upon a good faith estimate of the declarant as to the approximate relative maintenance or other costs occasioning such disparity and the basis of such determination shall be stated in the declaration; provided, however, that no unit owner or other person may require any reallocation on account of any disparity between actual costs and the determination as so reflected in the declaration. Subject to the foregoing sentence of this subsection (g), nothing contained in this Act shall be construed to require that the proportions of undivided interest in the common elements, of votes in the association or of liability for common expenses assigned and allocated

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to each unit be equal, it being intended that such proportions may be independent. Section 15. Allocation of Interests in the Common Elements. (a) The declaration shall allocate to each unit depicted on plats and/or plans that comply with section 20(a) and (b) hereof an undivided interest in the common elements. Such allocation may be by percentage, fraction, formula or any other method which indicates the relative undivided interests in the common elements. If an equal undivided interest in the common elements is allocated to each unit, the declaration may merely so state. (b) All of the undivided interests in the common elements shall be allocated to the units created by the declaration, subject to reallocation as provided in this Act. (c) If the undivided interests allocated are other than equal, the undivided interest allocated to each unit shall be reflected by a table or provision in the declaration, or by an exhibit or schedule accompanying the declaration and recorded simultaneously therewith, identifying the units, listing them serially or grouping them together in the case of units to which identical undivided interests are allocated, and setting forth the fraction, percentage or other statement of undivided interest in the common elements allocated thereto. (d) Except to the extent otherwise expressly provided by this Act, the undivided interest in the common elements allocated to any unit shall not be altered, and any purported transfer, encumbrance or other disposition of that interest without the unit to which its appertains shall be void. (e) The common elements shall not be subject to any suit for partition except as provided in sections 30 and 31 hereof. (f) No undivided interest in the common elements shall be allocated to any unit unless such unit is depicted on plats and/or plans that comply with section 20(a) and (b) hereof. Section 16. Allocation of Votes in the Association. (a)

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The declaration shall allocate to each unit depicted on plats and/or plans that comply with section 20(a) and (b) hereof a number of votes in the association. The allocation of such votes may be by percentage, fraction, formula or any other method which indicates the relative voting power allocated to each unit. If an equal vote is allocated to each unit, the declaration may merely so state. All of the votes in the association shall be allocated among the units depicted on plans and/or plans as aforesaid, subject to reallocation as provided in this Act. (b) Since a unit owner may be more than one person, if only one of those persons is present at a meeting of the association, that person shall be entitled to cast the votes appertaining to that unit; however, if more than one of those persons is present, the vote appertaining to that unit shall be cast only in accordance with their unanimous agreement unless the condominium instruments expressly provide otherwise, and such consent shall be conclusively presumed if any one of them purports to cast the votes appertaining to that unit without protest being made forthwith by any of the others to the person presiding over the meeting. (c) The votes appertaining to any unit may (and shall, in the case of any unit owner not a natural person or persons) be cast pursuant to a proxy or proxies duly executed by or on behalf of the unit owner, or, in cases where the unit owner is more than one person, by or on behalf of all such persons. No such proxy shall be revocable except by written notice delivered to the association by the unit owner or by any of such persons. Any proxy shall be void if it is not dated or if it purports to be revocable without notice as aforesaid. (d) Except in the case of any condominium no part of which is restricted exclusively to residential use, if fifty percent or more of the votes in the association appertain to twenty-five percent or less of the condominium units, then in any case where a majority vote is required by the condominium instruments or by this Act, the requirement for such a majority shall be deemed to include, in addition to

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the specified majority of the votes, assent by the unit owners of a like majority of the condominium units. (e) Anything in this section to the contrary notwithstanding, no votes in the association shall be deemed to appertain to any condominium unit during such time as the unit owner thereof is the association, nor shall any vote be allocated to any condominium unit unless such condominium unit is depicted on plats and/or plans that comply with section 20(a) and (b) hereof. Except to the extent otherwise expressly provided or permitted by this Act, the votes allocated to any condominium unit shall not be altered. Section 17. Allocation of Liabilities for Common Expenses. (a) Except to the extent that the condominium instruments provide otherwise, any common expenses associated with the maintenance, repair, renovation, restoration, or replacement of any limited common element shall be specially assessed against the condominium unit to which that limited common element was assigned at the time such expenses were made or incurred; however, if any such limited common element was assigned at that time to more than one unit, such common expenses shall be specifically assessed against each such condominium unit equally (so that the total of such special assessments equals the total of such expenses). (b) To the extent that the condominium instruments expressly so provide: (1) Any other common expenses benefiting less than all of the units shall be specially assessed equitably among all of the condominium units so benefited; (2) Any other common expenses occasioned by the conduct of less than all of those entitled to occupy all of the units or by the licensees or invitees of any such unit or units shall be specially assessed against the condominium unit or units, the conduct of any occupant, licensee or invitee of which occasioned any such common expenses; (3) Any other common expenses significantly disproportionately

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benefiting all of the units shall be assessed equitably among all of the condominium units. (c) The amount of all common expenses not specially assessed pursuant to subsections (a) and/or (b) hereof, less the amount of all undistributed and unreserved common profits, shall be assessed against the condominium units in accordance with the allocation of liability for common expenses set forth in the declaration. Such allocation may be by percentage, fraction, formula or any other method which indicates the relative liabilities for common expenses. If an equal liability for common expenses is allocated to each unit, the declaration may merely so state. The entire liability for common expenses shall be allocated among the units depicted on plats and/or plans that comply with section 20(a) and (b) hereof, subject to reallocation as provided in this Act. Except to the extent otherwise expressly provided or permitted by this Act, the allocations of such liability shall not be altered; provided, however, that no such reallocation shall affect any assessment or installation thereof becoming due and payable prior to such reallocation. Such assessments shall be made by the association annually, or more often if the condominium instruments so provide, and shall be payable in the manner determined by the association. (d) No unit owner other than the association shall be exempted from any liability for any assessment hereunder or under any condominium instrument for any reason whatsoever, including, without limitation, abandonment, nonuse or waiver of the use or enjoyment of his unit or any part of the common elements. (e) Unless otherwise provided in the condominium instruments and except as provided in subsection (f) hereof, the grantee in a conveyance of a condominium unit shall be jointly and severally liable with the grantor thereof for all unpaid assessments against the latter up to the time of such conveyance, without prejudice to such grantee's right to recover from such grantor the amounts paid by the grantee therefor; provided, however, that if such grantor or grantee shall request a statement from the association as provided

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in section 41 hereof, such grantee, his successors, successors-in-title and assigns, shall not be liable for, nor shall the condominium unit conveyed be subject to a lien for, any unpaid assessments against such grantor in excess of the amount set forth in such statement, if any. (f) In the event that the holder of a first priority, or secondary purchase money, mortgage of record or other person acquires title to any condominium unit as a result of foreclosure of a first, or secondary purchase money, mortgage, such holder or other person, his successors, successors-in-title and assigns, shall not be liable for, nor shall such condominium unit be subject to a lien for, any assessment hereunder or under any condominium instrument chargeable to such condominium unit on account of any period prior to such acquisition of title; provided, however, that such unpaid share of an assessment or assessments shall be deemed to be common expenses collectible from all of the unit owners including such holder or other person, his successors, successors-in-title and assigns. Section 18. Reallocation of Interests in Common Elements, Votes and Liabilities for Common Expenses. (a) Interests in the common elements shall not be allocated to any units to be created within any additional property until plats and/or plans depicting the same are recorded pursuant to section 20(c) hereof. Upon the submission of any additional property, the declarant shall execute and record an amendment to the declaration reallocating undivided interest in the common elements, votes in the association and liabilities for common expenses in the manner provided in the declaration. (b) If all of a convertible space is converted into common elements (including without limitation limited common elements), then the undivided interest in the common elements appertaining to such convertible space shall thenceforth appertain to the remaining units, being allocated among them in proportion to their undivided interests in the common elements. In the case of the conversion of all or any portion of any convertible space into one or more units and/or common elements, including, without limitation, limited

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common elements, the undivided interests in the common elements, the votes in the association and the liability for common expenses shall be reallocated in the manner provided in the declaration. The declarant shall forthwith prepare, execute, and record an amendment to the declaration effecting the reallocation of undivided interests produced thereby. (c) In the case of a leasehold condominium, upon the expiration or termination of any leasehold or estate for years with respect to any land upon or within which any unit exists, every such unit, together with all common elements located upon or within such leasehold or estate for years, shall be deemed to have been withdrawn from the condominium, unless the declaration provides for the termination of the condominium in such event. The undivided interest in the common elements appertaining to any unit thereby withdrawn from the condominium shall thenceforth appertain to the remaining units, being allocated among them in proportion to their undivided interests in the common elements. The association shall forthwith prepare, execute, and record an amendment to the declaration effecting the reallocation of undivided interests produced thereby. In the case of the contraction of a condominium on account of the expiration or termination of a leasehold or estate for years, all votes attributable to any unit located upon such property immediately prior to such contraction shall thereby be eliminated; in addition, the liability for common expenses appertaining to any such unit shall be allocated to the remaining units in proportion to their relative liabilities for common expenses. Section 19. Assignments and Reassignments of Limited Common Elements. (a) All assignments and reassignments of limited common elements shall be made or provided for in the condominium instruments. No limited common element shall be assigned or reassigned except in accordance with the provisions of this Act. No amendment to any condominium instrument shall alter any rights or obligations with respect to any limited common element without the consent of all unit owners whose use of such limited common element is or may be directly affected by such assignment

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or reassignment, as evidenced by their execution of such amendment, except to the extent that the condominium instruments expressly provided otherwise prior to or simultaneously with the first assignment of such limited common element. (b) Unless expressly prohibited by the condominium instruments, a limited common element may be reassigned upon written application to the association by the unit owners whose use of such limited common element is or may be directly affected by such reassignment. The association shall forthwith prepare and execute an amendment to the declaration reassigning all rights and obligations with respect to the limited common element involved. Such amendment shall be delivered forthwith to the unit owners of the units whose use of such limited common element is or may be directly affected by such reassignment upon payment by them of all reasonable costs for the preparation, execution and recording thereof. Said amendment shall become effective when the association and the unit owners of the units whose use of such limited common element is or may be directly affected by such reassignment have executed and recorded the same. (c) A common element not previously assigned as a limited common element shall be so assigned only pursuant to the declaration. The amendment to the declaration making such an assignment shall be prepared and executed by the association. Such amendment shall be delivered to the unit owner or owners directly affected by such assignment upon payment by them of all reasonable costs for the preparation, execution and recordation thereof. Said amendment shall become effective when executed by the association and such unit owner or owners and recorded, and the recordation thereof shall be conclusive evidence that the method prescribed pursuant to the declaration was adhered to. Section 20. Contents of the Plats and Plans. (a) There shall be recorded prior to the first conveyance of a condominium unit one or more plats of survey showing the location and dimensions of the submitted property, the location and dimensions of all structural improvments located on

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any portion of the submitted property, the intended location and dimensions of all contemplated structural improvements committed to be provided by the declaration on any portion of the submitted property and, to the extent feasible, the location and dimensions of all easements appurtenant to the submitted property or otherwise submitted to this Act as part of the common elements. With respect to all such structural improvements, the plats shall indicate which, if any, have not been begun by use of the phrase (NOT YET BEGUN). No structural improvement which contains or constitutes all or part of any unit or units and which is located on any portion of the submitted property shall be commenced on any portion of the submitted property after the recording of the plats. The declarant shall complete all structural improvements depicted on the plats subject only to such limitations, if any, as may be expressly stated in the declaration with respect to those labeled (NOT YET BEGUN) on the plats and subject to the provisions of the following sentence. The declarant within six months after written notice from the association shall be obligated to complete within a reasonable time every structural improvement actually commenced on the submitted property notwithstanding any provision of the declaration unless the declarant removes within a reasonable time all portions of any such structural improvement and restores the surface of the land affected thereby to substantially the same condition that existed prior to commencement of any such structural improvement; provided, however, that nothing contained herein shall exempt the declarant from any contractual liability to complete any such structural improvement. If the submitted property consists of noncontiguous parcels, then the plats shall indicate the approximate distances between such parcels unless such information is disclosed in the declaration. If, with respect to any portion or portions (but less than all) of the submitted property, the unit owners are to own only a leasehold or estate for years, the plats shall show the location and dimensions of any such portion or portions, and shall label each such portion by use of the phrase (LEASED LAND). To the extent feasible the plats shall show all easements to which the submitted property or any portion thereof is subject. The plats shall also show all encroachments by or on any operation of the

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submitted property. In the case of any units the vertical boundaries of which lie wholly or partially outside of structures for which plans pursuant to subsection (b) hereof are recorded, the plats shall show the location and dimensions of such vertical boundaries to the extent that they are not shown on such plans, and the units, or portions thereof, thus depicted shall bear their identifying numbers. Each plat shall be certified as to its accuracy and compliance with the provisions of this subsection by a registered land surveyor. The specification within this subsection of items that shall be shown on the plats shall not be construed to mean that the plats shall not also show all other items customarily shown or required by law to be shown for land title surveys. (b) There shall be recorded prior to the first conveyance of a condominium unit plans of every structure which contains or constitutes all or part of any unit or units located on or within any portion of the submitted property and a certification by a registered architect or registered engineer to the effect that he has visited the site and viewed the property and that, to the best of his knowledge, information and belief: (i) the foundation, structural members, exterior walls and roof of each such structure are complete and in place as shown on said plans; (ii) the walls, partitions, floors and ceilings, to the extent shown on said plans as constituting or coinciding with the vertical and/or horizontal boundaries of each unit (including convertible space) within each such structure, are sufficiently complete and in place to clearly establish the physical boundaries of such unit, and that such physical boundaries are as shown on said plans; and (iii) each such structure, to the extent of its stage of completion at that time, is constructed substantially in accordance with such plans. The plans shall show the location and dimensions of the horizontal boundaries, if any, and the vertical boundaries of each unit to the extent that such boundaries lie within or coincide with the boundaries of such structures, and the units, or portions thereof, thus depicted shall bear their identifying numbers. In addition, each convertible space thus depicted shall be labelled as such by use of the phrase (CONVERTIBLE SPACE). Unless the condominium instruments expressly provide otherwise, it shall be presumed that in the case of any unit not

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wholly contained within or constituting one or more of such structures, the horizontal boundaries extend, in the case of each such unit, at the same elevation with regard to any part of such unit lying outside of such structures, subject to the following exception: in the case of any such unit which does not lie over any other unit other than basement units, it shall be presumed that the lower horizontal boundary, if any, of that unit lies at the level of the ground with regard to any part of that unit lying outside of such structures. (c) There shall be recorded prior to the first conveyance of a condominium unit located on any portion of any additional property being or having been added to an expandable condominium new plats of survey conforming to the requirements of subsection (a) hereof, and with regard to any structures on the property being or having been added, plans conforming to the requirements of subsection (b) hereof or certifications, conforming to the certification requirements of said subsection, of plans previously recorded pursuant to section 21 hereof. (d) When converting all or any portion of any convertible space into one or more units and/or limited common elements, the declarant shall record, with regard to the structure or portion thereof constituting that convertible space, plans showing the location and dimensions of the horizontal boundaries, if any, and the vertical boundaries of each unit formed out of such space. Such plans shall be certified by a registered architect or registered engineer in accordance with the certification requirements of subsection (b) hereof. (e) When any portion of the submitted property is withdrawn, there shall be recorded a plat or plats showing the portion of the submitted property withdrawn and the remaining submitted property, which plat or plats shall be certified as provided in subsection (a) hereof. Section 21. Preliminary Recordation of Plans. Plans previously recorded pursuant to the proviso set forth in section 14 (b) hereof may be used in lieu of new plans to satisfy in whole or in part the requirements of section 25

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hereof if certifications thereof are recorded by the declarant in accordance with section 20(c) hereof. Section 22. Easements. (a) to the extent that any unit or common element encroaches on any other unit or common element, whether by reason of any deviation from the plats and/or plans in the construction, repair, renovation, restoration, or repair of any improvement, or by reason of the settling or shifting of any land or improvement, a valid easement for such encroachment shall exist. The purpose of this section is to protect the unit owners, except in cases of willful and intentional misconduct by them or their agents or employees, and not to relieve the declarant or any contractor, subcontractor or materialman of any liability which any of them may have by reason of any failure to adhere to the plats and/or plans. (b) The declarant and his duly authorized agents, representatives and employees shall have an easement for the maintenance of sales offices and/or model units on the submitted property so long as the declarant owns any condominium unit primarily for the purpose of sale. (c) Subject to any restrictions and limitations the condominimum instruments may specify, the declarant shall have a transferable easement on and over the common elements for the purpose of making improvements contemplated by the condominium instruments on the submitted property and any additional property, and for the purpose of doing all things reasonably necessary and proper in connection therewith. (d) The provisions of this section shall not be construed so as to prohibit the reservation to the declarant of other easements by means of the condominium instruments or otherwise. (e) To the extent that damage is inflicted on any part of the condominium by the declarant or any contractor, subcontractor or materialman utilizing the easements reserved by the condominium instruments to the declarant or created by this section, the declarant together with the person or

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persons causing the same shall be jointly and severally liable for the prompt repair thereof and for the restoration of the same to a condition compatible with the remainder of the condominium. Section 23. Leasehold Condominiums. In the case of any leasehold condominium: (a) After the recording of the declaration, no lessor, sublessor or grantor of an estate for years (hereinafter called lessor), who executed the same, and no successor-in-interest to such lessor, shall have any right or power to terminate all or any part of the leasehold interest of any unit owner so long as the condominium shall exist. (b) In the event that any such lessor shall acquire title to or any other interest in any unit by any method whatsoever, the undivided interest thereby acquired by such lessor in the common elements shall not be merged with such lessor's underlying interest in the submitted property but the two estates shall remain separate and divided so long as the condominium shall exist. (c) If the same is provided for in the condominium instruments, the obligation of each unit owner to pay rents and any other amounts under any lease from any such lessor shall be secured by a lien upon the condominium unit of such unit owner. Such lien shall be prior to all other liens and encumbrances except liens for ad valorem taxes on that condominium unit and any other lien or encumbrance which the condominium instruments provide shall be superior thereto. Such lien shall secure all costs incurred (including, without limitation, reasonable attorneys' fees) in connection with the foreclosure thereof and may be foreclosed by suit, judgment and foreclosure in the same manner as is provided for any other lien for the improvement of real property. (d) Unless otherwise provided in the condominium instruments, and except as provided in subparagraph (e) hereof, no unit owner shall be obligated to pay any amount in excess of the rents due and payable under any such lease multiplied by the percentage or other proportion of such

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unit owner's liability for such rents as set forth in the declaration. (e) Unless otherwise provided in the condominium instruments, no such lessor shall be entitled to require performance by any unit owner of any covenant of any such lease in any form other than by the payment of money by such unit owner; provided, however, that in the event of any default under any such lease other than the payment of money, such lessor shall be entitled to perform any such defaulted covenant and charge all reasonable costs incurred in connection with such performance (including, without limitation, reasonable attorneys' fees) against the unit owners in proportion to their liability for said rents, and the same shall be considered rent for purposes of the lien provided for in subparagraph (c) hereof. (f) Except as limited herein, in the condominium instruments or by law, any such lessor shall have all rights and powers provided by law or by such lease. Section 24. Conversion of Convertible Spaces. (a) The declarant, with the consent of the mortgages thereof, may convert all or any portion of any convertible space into one or more units and/or common elements, including, without limitation, limited common elements, subject to any restrictions and limitations which the condominium instruments may specify. Any such conversion shall be deemed to have occurred at the time of the recordation of appropriate instruments pursuant to subsection (b) hereof and section 20 (d) hereof. (b) The declarant and all mortgagees of such convertible space shall execute and the declarant shall record an amendment to the declaration effecting the conversion. Such amendment shall assign an identifying number to each unit formed out of a convertible space and shall allocate among such unit or units and the remaining convertible space, if any, the undivided interest in the common elements, the number of votes in the association, and the share of the liability for future common expenses appertaining to such convertible space immediately prior to such conversion. All

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sums assessed against a convertible space prior to its conversion may be reallocated by such amendment to such units and the remaining convertible space, if any. In the event that no such reallocation is effected, however, the lien for such assessments shall continue as to all of such space notwithstanding such conversion. Such amendment shall describe or delineate the limited common elements, if any, formed out of the convertible space, and shall indicate the unit or units to which each is assigned or provide a method for such assignment. (c) Any convertible space not converted in accordance with the provisions of this section, or any portion or portions thereof not so converted, shall be treated for all purposes as a single unit unless and until it is so converted, and the provisions of this Act shall be deemed applicable to any such space, or portion or portions thereof, as though the same were a unit. Section 25. Expansion of the Condominium. No condominimum shall be expanded except in accordance with the provisions of the declaration and of this Act. Any such expansion shall be deemed to have occurred at the time of the recordation of plats and/or plans pursuant to section 20(c) hereof and an amendment to the declaration effecting such expansion duly executed by the declarant, all other owners and/or lessees of the additional property being added to the condominium and all mortgages of such additional property being added to the condominium. Such amendment shall contain a legal description by metes and bounds of the additional property being added to the condominium and shall reallocate undivided interests in the common elements, votes in the association and liabilities for future common expenses, all in accordance with the provisions of the declaration. Section 26. Alterations Within Units. (a) Except to the extent prohibited by the condominium instruments, and subject to any restrictions and limitations specified therein, any unit owner may make any improvements or alterations within his unit that do not materially impair the structural integrity of any structure or otherwise materially lessen the support of any portion of the condominium. No unit owner

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shall do anything which would change the exterior appearance of his unit or of any other portion of the condominium except to such extent and subject to such conditions as the condominium instruments may specify. (b) If a unit owner acquires an adjoining unit, such unit owner shall have the right to remove all or any part of any intervening partition or to create doorways or other apertures therein, notwithstanding the fact that such partition may in whole or in part be a common element, so long as no portion of any bearing wall or bearing column is materially weakened or removed and no portion of any common elements other than that partition (and any chutes, flues, ducts, conduits, wires or other apparatus contained therein which must be relocated by such unit owner if they serve any other part of the condominium) is damaged, destroyed, or endangered. Alterations permitted by this section 26 shall not be deemed an alteration of boundaries within the meaning of section 27 hereof. Section 27. Relocation of Boundaries Between Units. (a) If the condominium instruments expressly permit the relocation of boundaries between adjoining units, then the boundaries between such units may be relocated in accordance with the provisions of this section and any restrictions and limitations which the condominium instruments may specify. (b) If the unit owners of adjoining units whose respective boundaries may be relocated desire to relocate such boundaries, then the association shall, upon written application of such unit owners, and the written consent of the mortgagees of the units involved, forthwith prepare and execute appropriate instruments pursuant to subsections (c) and (d) hereof. (c) An amendment to the declaration shall identify the units involved and shall state that the boundaries between those units are being relocated by agreement of the unit owners thereof. The unit owners of the units involved shall specify in their written application either that there shall be no such reallocation or shall specify reallocations as between

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the units involved of the aggregate undivided interest in the common elements, votes in the association and liabilities for common expenses, or any one or more thereof, appertaining to those units. The amendment to the declaration shall reflect such reallocations, or the absence thereof, if deemed reasonable by the board of directors. If the reallocations specified by the unit owners of the units involved, or the absence thereof, is deemed unreasonable by the board of directors, it shall so notify such unit owners and permit them to amend their written application so as to specify reallocations acceptable to the board of directors. (d) Such plats and/or plans as may be necessary to show the altered boundaries between the units involved together with their other boundaries shall be prepared, and the units depicted thereon shall bear their identifying numbers. Such plats and/or plans shall indicate the new dimensions of the units involved. Such plats and/or plans shall be certified as to their accuracy and compliance with the provisions of this subsection by a registered land surveyor in the case of any plat, and by a registered achitect or registered engineer in the case of any plan. (e) When appropriate instruments in accordance with the preceding subsections hereof have been prepared and executed by the association, they shall be delivered forthwith to the unit owners of the units involved upon payment by them of all reasonable costs for the preparation, execution and recordation thereof. Said instruments shall become effective when the unit owners of the units involved and the mortgagees of such units have executed them and they have been recorded. The recordation of such instruments shall be conclusive evidence that any reallocations made pursuant to subsection (c) hereof were reasonable and were approved by the board of directors. Such instruments, upon recordation, shall effectuate conveyancing by and between the unit owners of the units involved regardless of whether said instruments contain or provide for the use of conveyancing language. (f) Any relocation of boundaries between adjoining units shall be governed by this section and not by section 28

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hereof. Section 28 hereof shall apply only to such subdivisions of units as are intended to result in the creation of two or more new units in place of the subdivided unit. Section 28. Subdivision of Units. (a) If the condominium instruments expressly permit the subdivision of any units, then such units may be subdivided in accordance with the provisions of this section and any restrictions and limitations which the condominium instruments may specify. (b) If the unit owner of any unit which may be subdivided desires to subdivide such unit, then the association shall, upon written application of the subdivider (as such unit owner shall henceforth be referred to in this section) and the written consent of the mortgagees of such unit, forthwith prepare and execute appropriate instruments pursuant to subsections (c) and (d) hereof. (c) An amendment to the declaration shall assign identifying numbers to the units created by the subdivision of a unit and shall allocate among those units, on a reasonable basis acceptable to the subdivider and the board of directors, all of the undivided interest in the common elements, votes in the association and liabilities for common expenses appertaining to the subdivided unit immediately prior to such subdivision. With regard to any limited common elements assigned to the subdivided unit, the units created by the subdivision shall jointly share all rights and shall be liable equally (so that the total of the assessments therefor equals the total of the common expenses attributable to such limited common elements) for all obligations, except to the extent that the subdivider may have specified in his written application that all or any portion or portions of any limited common element assigned to the subdivided unit should be assigned exclusively to one or more (but less than all) of the units created by the subdivision, in which case the amendment to the declaration shall reflect the desires of the subdivider as expressed in such written application. (d) Such plats and/or plans as may be necessary to show the boundaries separating the units created by the subdivision together with their other boundaries shall be prepared,

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and the units created by the subdivision depicted thereon shall bear their identifying numbers. Such plats and/or plans shall indicate the dimensions of the units created by the subdivision. Such plats and/or plans shall be certified as to their accuracy and compliance with the provisions of this subsection by a registered land surveyor in the case of any plat, and by a registered architect or registered engineer in the case of any plan. (e) When appropriate instruments in accordance with the preceding subsections hereof have been prepared and executed by the association, they shall be delivered forthwith to the subdivider upon payment by the subdivider of all reasonable costs for the preparation, execution and recordation thereof. Said instruments shall become effective when the subdivider and all mortgagees of such unit have executed them and they have been recorded. The recordation of such instruments shall be conclusive evidence that any reallocations made pursuant to subsection (c) hereof were reasonable and were approved by the board of directors. (f) This section shall have no application to convertible spaces which shall be governed by the provisions of section 24 hereof. Section 29. Amendment of Condominium Instruments. (a) Except to the extent expressly permitted or required by other provisions of this Act, the condominium instruments shall be amended only by agreement of unit owners of units to which two-thirds of the votes in the association appertain, or such larger majority as the condominium instruments may specify; provided, however, that during such time, if any, as there shall exist an unexpired option to add any additional property to the condominium and/or the declarant has the right to control the association pursuant to section 33 hereof, such agreement shall be that of the declarant and unit owners of units to which two-thirds of the votes in the association appertain, exclusive of any vote or votes appurtenant to any unit or units then owned by the declarant, or such larger majority as the condominium instruments may specify.

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(b) If none of the units in the condominium are restricted exclusively to residential use, then the condominium instruments may specify a majority smaller than the minimum specified by subsection (a) hereof. (c) Except to the extent expressly permitted or required by other provisions of this Act or agreed upon by all unit owners and the mortgagees of all condominium units, no amendment to the condominium instruments shall change the boundaries of any unit, the undivided interest in the common elements appertaining thereto, the number of votes in the association appertaining thereto or the liability for common expenses appertaining thereto. (d) Agreement of the required majority of unit owners to any amendment of the condominium instruments shall be evidenced by their execution of the amendment or, in the alternative and provided that the declarant does not then have the right to control the association pursuant to section 33 hereof, the sworn statement of the president, any vice president or secretary of the association attached to or incorporated in an amendment executed by the association, in which sworn statement it is stated unequivocally that agreement of the required majority was otherwise lawfully obtained. Any such amendment of the condominium instruments shall become effective only when recorded or at such later date as may be specified in the amendment itself. Section 30. Termination of the Condominium. (a) The condominium shall be terminated only by the agreement of unit owners of units to which four-fifths of the votes in the association appertain and all mortgagees of such units, or such larger majority as the condominium instruments may specify; provided, however, that during such time, if any, as there shall exist an unexpired option to add any additional property to the condominium and/or the declarant has the right to control the association pursuant to section 33 hereof, such agreement shall be that of the declarant and unit owners of units to which four-fifths of the votes in the association appertain, exclusive of any vote or votes appurtenant to any unit or units then owned by the declarant,

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and the mortgagees of such units, or such large majority as the condominium instruments may specify. (b) If none of the units in the condominium are restricted exclusively to residential use, then the condominium instruments may specify a majority smaller than the minimum specified by subsection (a) hereof. (c) Agreement of the required majority of unit owners and their mortgagees to termination of the condominium shall be evidenced by their execution of a termination agreement. Any such termination agreement shall become effective only when recorded or at such later date as may be specified therein. For the purposes of this section, a termination agreement shall be deemed a condominium instrument subject to the provisions of section 11 hereof. (d) Upon the effective date of a termination agreement, all of the property constituting the condominium shall be owned by the unit owners as tenants in common in proportion to their respective undivided interests in the common elements immediately prior to such effective date. As long as such tenancy in common lasts, however, each unit owner and his heirs, representatives, successors and assigns, shall have the same right of occupancy and use of that portion of said property which formerly constituted his unit and limited common elements appurtenant thereto, if any, as existed immediately prior to termination, and a nonexclusive right to use that portion of said property which formerly constituted common elements other than limited common elements. (e) Upon the effective date of a termination agreement, any rights the unit owners may have to the assets of the association shall be in proportion to their respective undivided interests in the common elements immediately prior to such effective date, and any distribution thereof to the unit owners shall be to such owners and their mortgagees as their interests may appear. (f) Upon the effective date of a termination agreement, mortgages and liens affecting each unit shall be deemed to be transferred in accordance with their existing priorities

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to the undivided interest of the unit owner in the property which formerly constituted the condominium. (g) After the effective date of a termination agreement and except as otherwise expressly provided herein, the property which formerly constituted the condominium and the rights and obligations of the former unit owners with respect thereto shall be subject to and governed by the laws of the State of Georgia pertaining to tenancies in common as long as such tenancy in common lasts. Section 31. Withdrawal of Submitted Property. (a) Unless the condominium instruments expressly prohibit the withdrawal of any submitted property from the condominium, submitted property may be withdrawn only in accordance with the provisions of this section and any restrictions or limitations which the condominium instruments may specify (such property so being withdrawn being hereinafter referred to as the withdrawn property); provided, however, that no unit or limited common element may be withdrawn in part. (b) Submitted property may be withdrawn from the condominium only by an amendment to the condominium instruments agreed to by the following required persons: (1) The owner of each unit which is being withdrawn. (2) The owner of each unit to which appertains any limited common element which is being withdrawn. (3) The declarant, if at the time of the withdrawal there shall exist any unexpired option to add any additional property to the condominium or the declarant has the right to control the association pursuant to section 33 hereof. (4) The owners of the units to which appertain four-fifths, or such larger majority as may be specified in the condominium instruments, of the votes in the association exclusive of the votes appertaining to the units owned by the persons required in subsections 31 (b) (1) through (3) above. If none of the units in the condominium are restricted

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excusively to residential use, then the condominium instruments may specify a majority smaller than four-fifths. (5) Each mortgagee of the units owned by the required persons set forth in subsections 31 (b) (1) through (4) above. (c) If the withdrawn property includes any unit, the amendment effectuating such withdrawal shall specify the reallocation to the remaining units of the undivided interest in the common elements, the number of votes in the association, and the share of liability for common expenses appertaining to the unit or units being withdraw. The reallocation of each such item shall be in proportion to the allocation of such item among the remaining units immediately prior to the effectuation of such withdrawal. (d) If the withdrawn property does not include any unit or any limited common element, the withdrawn property shall, upon the effective date of the amendment, be owned by the unit owners as tenants in common in proportion to their respective undivided interest in the common elements immediately prior to such effective date. (e) If any unit or any limited common element is included in the withdrawn property, the amendment shall allocate to the owner of each such unit, or of each unit to which each such limited common element appertains, as the case may be, an undivided interest in the withdrawn property in consideration for the withdrawal of the unit or limited common element. The remaining undivided interest in the withdrawn property shall be allocated among the unit owners (including the owners of any units, or units to which there are appurtenant limited common elements, being withdrawn) in proportion to their respective undivided interests in the common elements immediately preceding the effective date of the amendment. (f) The amendment to the declaration effectuating the withdrawal of submitted property shall be executed by those persons whose agreement thereto is required under subsection (b) above and shall include:

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(1) A legal description by metes and bounds of the withdrawn property. (2) A legal description by metes and bounds of the remaining submitted property. (3) The effective date of the amendment, if subsequent to the date of recording the amendment. (4) The undivided interest in the withdrawn property being allocated to each unit owner. (5) The undivided interest in the common elements, the number of votes in the association, and the share of liability for common expenses appertaining to each unit remaining in the condominium. The amendment shall become effective only when the same and all plats required in connection therewith under subsection 20(e) hereof shall have been recorded, or at such later date as may be specified therein. (g) Upon the effective date of the amendment, the withdrawn property shall be owned by the unit owners as tenants in common having the undivided interests set forth in the amendment. As long as such tenancy in common lasts, however, each unit owner and his heirs, representatives, successors and assigns, shall have the same right of occupancy and use of that portion of the withdrawn property which formerly constituted his unit and the limited common elements appurtenant thereto, if any, as existed immediately prior to such withdrawal, and a nonexclusive right to use that portion of the withdrawn property which formerly constituted common elements other than limited common elements. (h) Upon the effective date of the amendment, mortgages and liens of unit owners theretofore affecting any portion of the withdrawn property shall, as to such withdrawn property, be deemed to be transferred in accordance with their existing priorities to the undivided interests of the respective owners in the withdrawn property. Mortgages

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and liens of the unit owners theretofore affecting any portion of the remaining submitted property shall, as to such remaining subsmitted property not be affected by such withdrawal and shall continue in full force and effect; provided, however, that in the case of mortgages or liens theretofore affecting only a condominium unit or units which are included within the withdrawn property, the lien of such mortgage or lien shall be transferred wholly to the undivided interest of the owner or owners of such unit or units in the withdrawn property (including both the undivided interest allocated in consideration of the withdrawal of said units and the undivided interest allocated in common to all unit owners), and the lien of such mortgage or lien shall not thereafter affect or be applicable to any portion of the remaining submitted property. (i) After the effective date of the amendment and except as otherwise expressly provided herein, the withdrawn property and the rights and obligations of the unit owners with respect thereto shall be subject to and governed by the laws of the State of Georgia pertaining to tenancies in common as long as such tenancy in common lasts. Section 32. The Association: Incorporation, Articles of Incorporation and Bylaws. (a) Prior to recording the declaration, the declarant shall cause the association to be duly incorporated, either as a business corporation under the Georgia Business Corporation Code (Chapters 22-1 through 22-20) or as a nonprofit membership corporation under the Georgia Nonprofit corporation Code (Chapters 2-21 through 22-40). The corporate name of the association shall include the phrase unit owners' association or the phrase condominium association, and otherwise comply with applicable laws regarding corporate names. The articles of incorporation of the association, and the bylaws adopted by the association, shall contain such provisions not inconsistent with applicable law (including, but not limited to, this Act) or the declaration, as may be required by this Act, as may be required by the declaration, and as may be deemed appropriate or desirable for the proper management and administration

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of the association. Each unit owner shall automatically be a member (which term shall include a shareholder in the event the association is a business corporation or issues stock) of the association, which membership shall continue during the period of ownership by such unit owner. (b) Prior to the first conveyance of a condominium unit, the declarant shall cause the first board of directors to be duly appointed, officers elected, and the organization of the association effectuated. (c) True and correct copies of the articles of incorporation and bylaws of the association, with all amendments thereto, shall be maintained at the principal and the registered offices of the association, and at the sales office of the declarant so long as the declarant has the right to control the association pursuant to Section 33 hereof, and copies thereof shall be furnished to any unit owner on request upon payment of a reasonable charge therefor. Section 33. Control of Association by Declarant; Surrender of Control to Unit Owners; Declarant's Responsibility. (a) If provided for in the condominium instruments and subject to any limitations contained in the condominium instruments, the association's articles of incorporation, the association's bylaws or this Act with respect thereto, the declarant shall be authorized to appoint and remove any member or members of the board of directors and any officer or officers. The declarant's authority so to appoint and remove members of the board of directors and officers shall in no event extend beyond, and shall in all cases expire upon, the first of the following to occur: (1) The expiration of the time limit, if any, specified for such purpose in the condominium instruments, which time limit may not be enlarged or extended after the conveyance by the declarant of a condominium unit without the express consent of all unit owners; (2) Unless the declarant at that time has an unexpired option to add additional property, the date as of which units to which four-fifths of the undivided interests in the

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common elements appertain shall have been conveyed by the declarant to unit owners other than a person or persons constituting the declarant; (3) The expiration of seven years after the recording of the declaration in the case of an expandable condominium, or the expiration of three years after the recording of the declaration in the case of any other type of condominium; and (4) The surrender by the declarant of the authority to appoint and remove members of the board of directors and officers by an express amendment to the declaration executed and recorded by the declarant. No formal or written proxy or power of attorney need be required of the unit owners to vest such authority to appoint and remove members of the board of directors and officers in the declarant, acceptance of a conveyance of a condominium unit being wholly sufficient for such purpose. (b) Upon the expiration of the period of the declarant's right to control the association pursuant to the provisions of subsection (a) hereof, such right to control shall automatically pass to the unit owners (including the declarant if the declarant then owns one or more condominium units). The declarant shall be jointly responsible and liable with the members of the board of directors and officers to the unit owners for the books, records and accounts of the association being in proper order, the association's being in good standing under the laws of the State of Georgia, and the affairs of the association having been conducted in a prudent and businesslike manner, all as of the date upon which the declarant's right to control the association shall have expired; and the declarant shall not be insulated against liability to the unit owners because any act, omission or matter complained of during such period of control may have been done, omitted or permitted by or on behalf of the association as a corporate entity. Nothing herein contained shall make responsible or subject to liability any successor to the declarant by operation of law or through purchase of the declarant's interest in the property (or any

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part thereof) at foreclosure for any act, omission or matter occurring, or arising from any act, omission or matter occurring, prior to the time such successor succeeded to the interest of the declarant. (c) Any management contract, lease of recreational area or facilities, or any other contract or lease executed by or on behalf of the association during the period of the declarant's right to control the association pursuant to the provisions of subsection (a) hereof shall be subject to cancellation and termination at any time during the twelve months next immediately following the expiration of such control period by the affirmative vote of unit owners of units to which a majority of the votes in the association appertain, unless the unit owners by a like majority shall have theretofore, following the expiration of such control period, expressly ratified and approved the same. Section 34. Meetings. Meetings of the members of the association shall be held in accordance with the provisions of the association's bylaws, and in any event not less frequently than annually. Notice shall be given to each unit owner at least twenty-one days in advance of any annual or regularly scheduled meeting, and at least seven days in advance of any other meeting, stating the time, place and purpose of such meeting. Such notice shall be delivered personally or sent by United States mail, postage prepaid, to all unit owners of record at such address or addresses as any of them may have designated, or, if no other address has been so designated, at the address of their respective units. At the annual meeting, comprehensive reports of the affairs, finances and budget projections of the association shall be made to the unit owners. Section 35. Quorums. Unless the condominium instruments otherwise provide, a quorum shall be deemed present throughout any meeting of the members of the association until adjourned if persons entitled to cast more than one-third of the votes are present at the beginning of such meeting. Unless the condominium instruments specify a larger majority, a quorum shall be deemed present throughout any meeting of the board of directors if persons entitled

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to cast one-half of the votes in that body are present at the beginning of such meeting. Section 36. Directors and Officers. If the condominium instruments provide that any member of the board of directors or any officer must be a unit owner, then, notwithstanding the provisions of Section 12(a) (1) hereof, the term unit owner in such context shall, unless the condominium instruments otherwise provide, be deemed to include, without limitation, any shareholder, director, officer, partner in, or trustee of any person which is, either alone or in conjunction with any other person or persons, a unit owner. Any individual who would not be eligible to serve as a member of the board of directors or officer were he not a shareholder, director, officer, partner in, or trustee of such a person, shall be deemed to have disqualified himself from continuing in office if he ceases to have any such affiliation with that person. Section 37. Upkeep of the Condominium. Except to the extent otherwise provided by the condominium instruments, all powers and responsibilities with regard to maintenance, repair, renovation, restoration, and replacement shall appertain to the association in the case of the common elements other than limited common elements, and to the individual unit owner in the case of any unit and limited common elements appurtenant thereto, if any. Each unit owner shall afford to the other unit owners and to the association (and to any agents or employees of either) such access through his unit as may be reasonably necessary to enable them to exercise and discharge their respective powers and responsibilities. To the extent that damage is inflicted on the common elements including, without limitation, limited common elements, or any unit through which access is taken, the association or unit owner occasioning the same, whether by itself or through agents, employees or others, shall be liable for the prompt repair thereof. Section 38. Powers and Responsibilities of the Association; Tort Liability. (a) Except to the extent prohibited by the condominium instruments, and subject to any restrictions

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and limitations specified therein, the association shall have the power to: (1) Employ, retain, dismiss, and replace agents and employees to exercise and discharge the powers and responsibilities of the association; (2) Make or cause to be made additional improvements on and as a part of the common elements, (3) Grant or withhold approval of any action by one or more unit owners or other persons entitled to occupancy of any unit which would change the exterior appearance of any unit or of any other portion of the condominium, or elect or provide for the appointment of an architectural control committee to grant or withhold such approval. (b) Except to the extent prohibited by the condominium instruments, and subject to any restrictions and limitations specified therein, the association shall have the irrevocable power as attorney-in-fact on behalf of all unit owners and their successors in title to grant easements through or over the common elements, accept easements benefiting the condominium or any portion thereof, and acquire or lease property in the name of the association, as nominee for all unit owners. Property so acquired by the association as nominee for the unit owners shall, upon the recordation of the deed thereto or other instrument granting same, automatically and without more, and for all purposes, including without limitation taxation, be a part of the common elements. The association shall also have the power to acquire, lease, and own, in its own name, property of any nature, real, personal or mixed, tangible or intangible, and to borrow money and pledge, mortgage or hypothecate all or any portion of the property of the association for any lawful purpose within the association's inherent or expressly granted powers. Any third party dealing with the association shall be entitled to rely in good faith upon a certified resolution of the board of directors of the association authorizing any such act or transaction as conclusive evidence of the authority and power of the association so to act and of full compliance with all restraints, conditions and limitations, if any there be, upon the exercise of such authority and power.

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(c) The association shall have the power to amend the condominium instruments, the articles of incorporation, and the bylaws of the association, or any of them, in such respects as may be required to conform to this Act, any other applicable statute, or the declaration. (d) In addition to such other duties and responsibilities as this Act or the condominium instruments may impose, the association shall keep: (1) Detailed minutes of all meetings of the members of the association and of the board of directors; (2) Detailed and accurate financial records, including itemized records of all receipts and expenditures; and (3) Such other books and records as may be required by law or necessary to reflect accurately the affairs and activities of the association. (e) This Section shall not be construed to prohibit the grant or imposition by the condominium instruments of other powers and responsibilities to the association. (f) Except to the extent otherwise expressly required by this Act, the Georgia Business Corporation Code or the Georgia Nonprofit Corporation Code, as the case may be, the condominium instruments, the articles of incorporation or the bylaws of the association, the powers inherent in or expressly granted to the association may be exercised by the board of directors, acting through the officers, without any further consent or action on the part of the unit owners. (g) A tort action alleging or founded upon negligence or wilful misconduct by any agent or employee of the association, or in connection with the condition of any portion of the condominium which the association has the responsibility to maintain, shall be brought against the association. No unit owner shall be precluded from bringing such an action by virtue of his ownership of an undivided interest in the common elements or by virtue of his membership in the association. A judgment against the association arising from

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such an action shall be a lien against the property of the association. Section 39. Insurance. The association shall obtain: (a) A casualty insurance policy or policies affording fire and extended coverage insurance for, and in an amount consonant with the full replacement value of, all structures within the condominium; provided, however, that the association may exclude from such coverage (i) improvements and betterments made by the unit owners, and/or (ii) structures covered by builder's risk insurance in an amount consonant with the full replacement value thereof but only during such period of time as such builder's risk insurance remains in full force and effect and only on the condition that the association is named as an additional insured; (b) A liability insurance policy or policies, in amounts specified by the condominium instruments (but not in amounts less than $500,000 for injury, including death, to a single person, $1,000,000 for injury or injuries, including death, arising out of a single occurrence, and $50,000 property damage) covering the association, the board of directors and the officers of association, all agents and employees of the association, and all unit owners and other persons entitled to occupy any unit or other portion of the condominium; and (c) Such other types and amounts of insurance coverage as may be specified in the condominium instruments or authorized by the board of directors. Section 40. Rights to Common Profits. The common profits shall be applied to the payment of common expenses, and the rights in any surplus remaining shall appertain to the condominium units in proportion to the liability for common expenses appertaining to each such unit. Any such surplus shall be accordingly distributed to, or credited to the next assessments chargeable to, the unit owners, except to such extent as the condominium instruments may require or permit the same to be added to reserves maintained pursuant to those instruments.

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Section 41. Lien for Assessments. (a) All sums lawfully assessed by the association against any unit owner or condominium unit, whether for the share of the common expenses appertaining to that condominium unit or otherwise, shall, from the time the same become due and payable, constitute a lien, in favor of the association, on such condominium unit prior and superior to all other liens whatsoever except (i) liens for ad valorem taxes on the condominium unit, (ii) the lien of any first priority mortgage covering the unit and the lien of any mortgage recorded prior to recording of the declaration, (iii) the lessor's lien provided for in Section 23 hereof, and (iv) the lien of any secondary purchase money mortgage covering the unit. The recording of the declaration pursuant to the provisions of this Act shall constitute record notice of the existence of such lien, and no further recordation of any claim of lien for assessments shall be required. (b) To the extent that the condomininum instruments provide, the lien for assessments shall also include (i) a late or delinquency charge (not in excess of the greater of $10.00 or ten percent of the amount of each assessment or installment thereof not paid when due), (ii) interest on each assessment or installment thereof, and any delinquency or late charge appertaining thereto, from the date the same was first due and payable, at a rate not in excess of eight percent per annum, (iii) the costs of collection, including court costs, the expenses of sale, any expenses required for the protection and preservation of the unit, and reasonable attorneys' fees actually incurred, and (iv) the fair rental value of the condominium unit from the time of the institution of suit until the sale of the condominium at foreclosure (or until the judgment rendered in such suit is otherwise satisfied). (c) Such lien may be foreclosed by the association not less than ten days after notice is sent by certified mail, return receipt requested, to the unit owner both at the address of the unit and at any other address or addresses the unit owner may have designated to the association in writing, specifying the amount of the assessments then due and payable (together with authorized late charges, and interest

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accrued thereon), by suit, judgment and foreclosure in the same manner as other liens for the improvement of real property. The association shall have the power, unless prohibited by the condominium instruments, to bid in the unit at any foreclosure sale, and to acquire, hold, lease, encumber and convey the same. The lien for assessments shall lapse and be of no further effect as to assessments or installments thereof, together with late charges and interest applicable thereto, first becoming due and payable more than three years prior to the date upon which the notice contemplated in this subsection (c) is given, or more than three years prior to the institution of suit therefor it suit is not instituted within ninety days after the giving of such notice. (d) Any unit owner, mortgagee of a unit, person having executed a contract for the purchase of a condominium unit, or lender considering the loan of funds to be secured by a condominium unit, shall be entitled upon request to a statement from the association or its management agent setting forth the amount of assessments past due and unpaid (with late charges and interest applicable thereto) against that condominium unit. Such request shall be in writing, delivered to the registered office of the association, and shall state an address to which the statement is to be directed. Failure on the part of the association to mail to such address as may be specified in the written request therefor, or otherwise furnish, such a statement within five business days from the receipt of such request shall cause the lien for assessments created by this Section, as to amounts due and payable at the expiration of such five-day period, with respect to the condominium unit involved, to be extinguished and of no further force or effect as to the title or interest acquired by the purchaser or lender, if any, as the case may be, and their respective successors and assigns, in the transaction contemplated in connection with such request. The information specified in such statement shall be binding upon the association and every unit owner. Payment of a fee not exceeding $10.00 may be required as a prerequisite to the issuance of such a statement if the condominium instruments so provided. (e) Nothing in this section 41 shall be construed to prohibit

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actions at law to recover sums for which subsection (a) hereof creates a lien, maintainable pursuant to section 13 hereof. Section 42. Restraints on Alienation. If the condominum instruments create any right of first refusal or other restraint on free alienability of the condominium units, such rights and restraints shall be void unless the condominium instruments make provision for furnishing to any unit owner or person having executed a contract for the purchase of a condominium unit requesting the same a recordable statement certifying to any waiver of, or failure or refusal to exercise, such rights and restraints, in all cases where such waiver, failure or refusal do in fact occur. Failure or refusal to furnish such a statement within thirty days, or such lesser period as the condominium instruments may specify, shall cause all such rights and restraints to be inapplicable to the disposition of the condominium unit in contemplation of which such statement was requested. Any such statement shall be binding on the association and every unit owner. Payment of a fee not exceeding $25.00 may be required as a prerequisite to the issuance of such a statement if the condominium instruments so provide. Section 43. Sales; Disclosure; Contract and Advertising Requirements. (a) This section shall apply to, and only to, the first bona fide sale of each residential condominium unit to a person for residential occupancy by such person, any member of such person's family or any employee of any such person. This section shall apply to any sale covered by the preceding sentence regardless of whether the seller is the declarant, the association or any other person. A contract for a sale to which this section is applicable is herein referred to as a covered contract. (b) No covered contract shall be executed until at least seven days after the seller shall have furnished to the prospective purchaser the following: (1) A copy of the floor plan of the unit which is the subject of the covered contract;

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(2) A copy of the declaration and of each amendment thereto as of that time; (3) A copy of the articles of incorporation and bylaws of the association, and of each amendment to either as of that time; (4) A copy of any ground lease or other underlying lease of all or any part of the condominium; (5) A copy of every management, maintenance and other contract for the management and operation of either the association, the condominium, or facilities to be used by the unit owners, having a term in excess of one year (and contracts renewable without the consent of the association shall be deemed to have a term in excess of one year); (6) The estimated or actual operating budget for the condominium for the then current year containing the matters set forth in subparagraph A hereof and a schedule of estimated or actual expenses appertaining to each condominium unit for the then current year containing the matters set forth in subparagraph B hereof: A. Expenses of the association for: 1. Administration. 2. Management fees. 3. Maintenance. 4. Rent for recreational and other commonly used facilities. 5. Taxes on property of the association. 6. Insurance. 7. Security provisions. 8. Other expenses.

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9. Operating capital. 10. Reserve for deferred maintenance. 11. Reserve for depreciation. 12. Other reserves. B. Expenses of the unit owner for: 1. Assessments to cover association expenses. 2. Rent for unit if part of a leasehold condominium. 3. Rent or fees or charges payable by the unit owner directly to the lessor (or lessor's agent) under any recreational lease or lease for the use of commonly used facilities, which are and payment is a mandatory condition of ownership and which payment is not included in the assessments paid by the unit owner to the association. 7. A copy of any lease of recreational or other facilities that will be used only by the unit owners; (8) A copy of any lease of recreational or other facilities that will or may be used by unit owners in common with any other person; (9) A copy of a statement setting forth the extent of, and conditions or limitations applicable to, the declarant's commitment to build and/or submit additional units, additional recreational or other facilities, or additional property. The items required by this subsection shall be bound or stapled into a single package, covered by an index sheet listing each item required hereby and showing either that the same is attached or does not exist. A nonrefundable deposit not in excess of $25.00 may be required of the recipient of the documents required by this section, such deposit to be applied to the purchase price of the condominium unit in the event of purchase by the recipient. A dated, written acknowledgement of receipt of all items required by this section executed by the recipient shall be prima facie evidence of the date of delivery of said items.

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(c) No covered contract executed prior to the expiration of seven days after the actual delivery to the prospective purchaser of the items required to be furnished by subsection (b) of this section 43 shall be of any force or effect whatsoever. The provisions of this subsection (c) may not be waived. The contract shall contain within the text, in bold-faced type or capital letters no smaller than the largest type in the text, the following legend: UNLESS ALL OF THE ITEMS REQUIRED UNDER SECTION 43 OF THE GEORGIA CONDOMINIUM ACT TO BE DELIVERED TO BUYER HAVE BEEN RECEIVED BY BUYER AT LEAST SEVEN (7) DAYS PRIOR TO BUYER'S EXECUTION OF THIS CONTRACT, THIS CONTRACT IS OF NO FORCE OR EFFECT AND SHALL NOT BE BINDING ON ANY PARTY. THE ITEMS SO REQUIRED ARE: (1) A FLOOR PLAN OF THE UNIT, (2) THE DECLARATION AND AMENDMENTS THERETO, (3) THE ASSOCIATION'S ARTICLES OF INCORPORATION AND BYLAWS AND AMENDMENTS THERETO, (4) ANY GROUND LEASE, (5) ANY MANAGEMENT CONTRACT HAVING A TERM IN EXCESS OF ONE YEAR, (6) THE ESTIMATED OR ACTUAL BUDGET FOR THE CONDOMINIUM, (7) ANY LEASE OF RECREATIONAL OR OTHER FACILITIES THAT WILL BE USED ONLY BY THE UNIT OWNERS, (8) ANY LEASE OF RECREATIONAL OR OTHER FACILITIES THAT WILL OR MAY BE USED BY THE UNIT OWNERS WITH OTHERS, and (9) A STATEMENT SETTING FORTH THE EXTENT OF THE SELLER'S COMMITMENT TO BUILD AND/OR SUBMIT ADDITIONAL UNITS, ADDITIONAL RECREATIONAL OR OTHER FACILITIES, OR ADDITIONAL PROPERTY. A DATED, WRITTEN ACKNOWLEDGEMENT OF RECEIPT OF ALL SAID ITEMS SIGNED BY THE BUYER SHALL BE PRIMA FACIE EVIDENCE OF THE DATE OF DELIVERY OF SAID ITEMS. (d) The items required to be furnished or made available to a prospective purchaser under this section shall constitute a part of each covered contract and no change may be made in any of said items which would materially affect the rights of the prospective purchaser or the value

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of the unit without approval of the prospective purchaser, except to the extent that such items, by their own terms, by the express terms of such covered contract or by the provisions of this Act, may be changed without the consent of any unit owner or prospective purchaser. (e) A covered contract shall include the following provisions in addition to provisions elsewhere required: (1) A caveat in bold-faced type or capital letters no smaller than the largest type on the page shall be placed upon the first page of the contract in the following words: ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY STATING THE REPRESENTATIONS OF THE SELLER. FOR CORRECT REPRESENTATIONS, REFERENCE SHOULD BE MADE TO THIS CONTRACT AND THE DOCUMENTS REQUIRED BY SECTION 43 OF THE GEORGIA CONDOMINIUM ACT TO BE FURNISHED BY A SELLER TO A BUYER. (2) If the contract applies to a condominium unit which is part of an expandable condominium, the contract shall contain with the text, in bold-face type or capital letters no smaller than the largest type in the text, the following statement: THIS CONTRACT APPLIES TO A CONDOMINIUM UNIT WHICH IS PART OF AN EXPANDABLE CONDOMINIUM. (3) If the contract applies to a condominium unit which includes a leasehold estate or estate for years in property, and if upon the expiration of such leasehold or estate such unit will be deemed to have been withdrawn pursuant to subsection 18(c) of this Act or the condominium will be terminated, the contract shall contain within the text a statement in bold-faced type or capital letters no smaller than the largest type in the text and in the following words: THIS CONTRACT IS FOR THE TRANSFER OF A CONDOMINIUM UNIT SUBJECT TO A LEASE THAT EXPIRES....., AND THE LESSEE'S INTEREST WILL TERMINATE UPON EXPIRATION OF THE LEASE.

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(4) If the contract applies to a condominium unit that is subject to a lien for rent payable under a lease of a recreational facility or other commonly used facility, the contract shall contain within the text a statement in boldfaced type or capital letters no smaller than the largest type in the text, and in the following words: THIS CONTRACT IS FOR THE TRANSFER OF A CONDOMINIUM UNIT THAT IS SUBJECT TO A LIEN FOR RENT PAYABLE UNDER A LEASE OF A RECREATIONAL FACILITY, AND FAILURE TO PAY THIS RENT MAY RESULT IN FORECLOSURE OF THE LIEN. (5) If, but only if, any applicable statute, ordinance, rule or regulation requires, permits, or provides for the issuance of a certificate of occupancy by any officer, department, or agency of any governmental entity, an express obligation on the part of the seller to furnish to the buyer, at or prior to closing, a true, correct and complete copy of a duly issued certificate of occupancy covering the unit which is the subject matter of the covered contract. (f) If any condominium unit is offered for sale prior to completion of construction or remolding of that unit or of improvements which shall constitute common elements, the seller shall make available to each prospective purchaser for his inspection, at a place convenient to the site, a copy of the existing plans and specifications for the construction or remodeling of that unit and/or of the improvements which shall constitute common elements, whichever is not then complete. (g) Sales brochures, if any, describing the condominium and the units to be sold, shall include a description and location of the recreational facilities proposed to be provided by the seller, parking facilities and other commonly used facilities, together with a statement indicating; (i) which of the facilities will be owned by the unit owners as part of the common elements and which of the facilities will be owned by others; (ii) whether, with respect to each facility so shown, the seller is obligated to complete the same; and (iii) the limitations or conditions, if any, on the seller's obligation to complete the same. A caveat in bold-faced type

Page 669

or capital letters no smaller than the largest type of text material shall be conspicuously placed on the inside front cover, or on the first page containing text material, of the sales brochure, or otherwise conspicuously displayed in the following words: ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY STATING REPRESENTATIONS OF THE SELLER. FOR CORRECT REPRESENTATIONS REFERENCE SHOULD BE MADE TO THIS BROCHURE AND TO THE DOCUMENTS REQUIRED BY SECTION 43 OF THE GEORGIA CONDOMINIUM ACT TO BE FURNISHED BY THE SELLER TO A BUYER. (h) If condominium units are sold subject to a lease, all written or printed advertising of the units shall contain a statement in bold-faced type or capital letters no smaller than the largest type in the context where used and in the following words: THESE CONDOMINIUM UNITS WILL BE TRANSFERRED SUBJECT TO A LEASE. (i) Any person who, in reasonable reliance upon any material statement or information that is false or misleading published by or under authority from the seller in advertising and promotional materials, including, but not limited to the items required to be furnished by this section, brochures and newspaper advertising, or is not furnished all of the information required to be furnished by this section, pays anything of value toward the purchase of a condominium unit located in this State shall be entitled to bring an action against the seller for damages under this section at any time prior to the expiration of one year after the date upon which the last of the events described in paragraphs 1 through 4 below shall occur: (1) The closing of the transaction; (2) The first issuance by the applicable governmental authority of a certificate of occupancy or other evidence of sufficient completion of construction of the building containing the unit to allow lawful occupancy of the unit. In counties or municipalities in which certificates of occupancy or other evidence of completion sufficient to allow lawful

Page 670

occupancy are not customarily issued, for the purpose of this section, evidence of lawful occupancy shall be deemed given or issued upon the date that such lawful occupancy of the unit may first be allowed under prevailing applicable laws, ordinances, or statutes; (3) The completion of the common elements and any recreational facilities, whether or not the same are common elements, which the seller is obligated to complete or provide under the terms of the written contract for the sale of the unit; or (4) In the event there shall not be a written contract for the sale of the unit, then the completion of the common elements and such recreational facilities, whether or not the same are common elements, which the seller would be obligated to complete under any rule of law applicable to the seller's obligation. Under no circumstances shall a cause of action created or recognized under this section survive for a period of more than five years after the closing of the transaction. Any such person shall in addition have the right to rescind any contract for the purchase of a condominium unit at any time prior to the closing of the transaction. (j) In any action for relief under this section, the prevailing party shall be entitled to recover reasonable attorneys' fees. (k) Wilful violation of any of the requirements of this section by any person (whether the declarant, the seller, any sales agent or broker, or any other person) shall constitute a misdemeanor. Section 44. Escrow of Deposits. Any deposit or other payment made prior to closing with respect to the first bona fide sale of each residential condominium unit to a person for residential occupancy by such person, any member of such person's family or any employee of any such person shall be held in escrow until delivered at closing or delivered

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to the person or persons entitled thereto upon breach of the contract for such sale. Such escrow funds shall be deposited in a separate account designated for this purpose; provided, however, that in the event any such deposit is held by a real estate broker licensed under the laws of this State, such funds may be placed in such broker's escrow account instead of a separately designated account. Section 45. Liberal Construction; Substantial Compliance. The provisions of this Act, and of condominium instruments recorded pursuant to its provisions, shall be liberally construed in favor of the valid establishment of a condominium pursuant to the provisions of this Act with respect to the submitted property. Substantial compliance with the requirements of this Act for the establishment of a condominium shall suffice to bring property described in condominium instruments recorded pursuant to the provisions of this Act within the purview and application of this Act; and any defects therein or want of conformity with the provisions of this Act may be cured by an amendment thereto duly executed by the association and recorded, or, upon application of any unit owner (with notice to the declarant, the association and all other unit owners), by decree of the court. Section 46. Severability. If any provision of this Act or any section, sentence, clause, phrase or word, or the application thereof in any circumstance, is held invalid, the validity of the remainder of this Act, and of the application of any such provision, section, sentence, clause, phrase or word in other circumstances, shall not be affected thereby. Section 47. Effective Date. This Act shall become effective October 1, 1975. Section 48. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975.

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STATE EMPLOYEE BONDSBENEFICIARIES PROVIDED. Code Chapter 40-19 Amended. No. 464 (House Bill No. 673). 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), and an Act approved March 21, 1974 (Ga. L. 1974, p. 504), so as to provide that fidelity bonds covering State employees procured by the Commissioner shall name as beneficiaries and insureds under the terms thereof all public officers and officials required by law to be bonded; to provide that fidelity bonds procured by the Commissioner shall include an indemnification provision therein so as to indemnify any public officer or official required by law to be bonded for any claim made upon his public official bond by virtue of or due to an act of a subordinate employee; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code 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), and an Act approved March 21, 1974 (Ga. L. 1974, p. 504), is hereby amended by striking subsection H in its entirety and substituting in lieu thereof a new 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

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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. Fidelity bonds covering State employees which are procured pursuant to this subsection shall expressly provide that all public officers and officials, who are required by law to be bonded, be named in the fidelity bond as insureds or beneficiaries under the terms of the fidelity bond. Fidelity bonds procured pursuant to this subsection shall also expressly provide for indemnification, out of the proceeds of the fidelity bonds, of all public officers and officials for any liability or expense of any nature resulting from a claim on said public officer's or official's bonds which is due to or a result of an act of a subordinate employee of the public officer or official. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975.

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PUBLIC OFFICERS AND OFFICIALSSTATEWIDE OFFICESINDEMNIFICATION PROVIDED. No. 465 (House Bill No. 674). An Act to provide that public officers and officials, holding statewide offices, who are required by law to be bonded, shall be indemnified for certain liabilities incurred in the performance of their duties; to prescribe conditions; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. This Act shall apply to all public officers and officials of this State, who hold statewide offices, and who are required by law to be bonded. Section 2. In the event that a public officer or official has a money judgment returned against him in a suit or is otherwise subjected to monetary liability, by an aggrieved party, by his bond carrier, or both, as a result of an act of omission or commission of a subordinate employee of the public officer or official and in the event that said public officer or official shall, as a result of such action, be required to expend his personal monies, said officer or official shall be indemnified out of funds otherwise available to the public official's or officer's department or office, provided, that authorization for such indemnification payment by the department or office shall be contingent on issuance of an official opinion of the Attorney General, declaring that the judgment against or liability of the public officer or official was not due to an act of omission or commission of the public officer or official which constituted a breach of a duty of the officer or official imposed by law. In the event that the Attorney General is the public official seeking indemnification under the provisions herein, the Governor shall make the determination as to whether or not the liability of the Attorney General was due to an act of omission or commission of the Attorney General which constituted a breach of a duty imposed by law.

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Section 3. Any benefit occasioned by a public officer or official by virtue of the provisions of this Act is hereby declared to be and is a portion of the compensation due the public officer or official for the services rendered to the State of Georgia. Section 4. This Act shall apply only to alleged acts of omission or commission which occur prior to July 1, 1976. Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. GEORGIA RECORDS ACT AMENDED. No. 466 (House Bill No. 540). An Act to amend an Act known as the Georgia Records Act, approved April 7, 1972 (Ga. L. 1972, p. 1267), as amended; so as to provide for definitions of certain terms; to create a State Records Committee; to provide for membership, meetings, powers and duties of the Committee; to provide for officers and quorums; to provide for an appeal process to the Committee; to provide for duties of the Department of Archives and History; to establish a records management program and a State records management officer to administer the same; to provide for the operation of record centers and procedures relative thereto; to describe the nature of retention schedules; to provide for duties of State agencies; to provide for designation of agency records management officers; to provide for maintenance, use and access relating to confidential records; to limit the restrictions on access to confidential records; to provide that certain records shall be public property; to provide that certain acts shall be unlawful;

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to provide for penalties; to provide for title to records; to limit access to records of Constitutional Officers; to provide for construction 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 Records Act, approved April 7, 1972 (Ga. L. 1972, p. 1267), is hereby amended by adding at the end of section 2, new sub-sections, to be designated subsections (g), (h), and (i), to read as follows: (g) `Retention schedule' means a set of disposition instructions prescribing how long, where, and in what form a record series shall be kept; (h) `Record series' means documents or records that are filed in a unified arrangement, having similar physical characteristics or relating to a similar function or activity; (i) `Records management' means the application of management techniques to the creation, utilization, maintenance, retention, preservation and disposal of records undertaken to reduce costs and improve efficiency of record keeping. Records management includes management of filing and microfilming equipment and supplies; filing and information retrieval systems; files, correspondence, reports and forms management; historical documentation; micrographics; retention programming and vital records protection. Section 2. Said Act is further amended by striking section 3 in its entirety and substituting in lieu thereof, the following: There is hereby created the State Records Committee, to be composed of the Governor, the Secretary of State, the Attorney General and the State Auditor, or their designated representatives. It shall be the duty of the committee to review, approve, disapprove, amend or modify retention

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schedules submitted by agency heads through the Department for the disposition of records based on administrative, legal, fiscal or historical values. Such retention schedules, once approved, shall be authoritative, directive and have the force and effect of law. A retention schedule may be determined by three members of the committee. Retention schedules may be amended by the committee on change of program mission or legislative changes affecting the records. The Secretary of State shall serve as chairman of the committee and shall schedule meetings of the committee as required. Three members shall constitute a quorum. Each agency head has the right of appeal to the committee for actions taken under this section. State Records Committee. Section 3. Said Act is further amended by striking section 4 (a) and section 4 (c) in their entirety and substituting in lieu thereof new subsections, to be designated section 4 (a), section 4 (c) and by adding a new subsection, to be designated section 4 (d), to read as follows: Section 4 (a). Establish and administer, under the direction of a State records management officer (who shall be employed under the rules and regulations of the State Merit System), a records management program; Section 4 (c). Assist State agencies in implementing records programs by providing consultative services in records management, conducting surveys in order to recommend more efficient records management practices, and providing training for records management personnel; Section 4 (d). Operate a records center or center which shall accept all records transferred to it through the operation of approved retention schedules, provide secure storage and reference service for the same and submit written notice to the applicable agency of intended destruction of records in accordance with approved retention schedules. Section 4. Said Act is further amended by adding at the end of section 5 (e), the following: No records will be scheduled for permanent retention in

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an office. No records will be scheduled for retention any longer than is absolutely necessary in the performance of required functions. Records requiring retention for several years will be transferred to the records center for low-cost storage at the earliest possible date following creation. so that when so amended, section 5(e) shall read as follows: (e) Submit to the Department, in accordance with the rules and regulations of the Department, a recommended disposition standard for each record series in its custody, except that standards for common-type files may be established by the Department. No records will be scheduled for permanent retention in an office. No records will be scheduled for retention any longer than is absolutely necessary in the performance of required functions. Records requiring retention for several years will be transferred to the records center for low-cost storage at the earliest possible date following creation. Section 5. Said Act is further amended by adding at the end of section 5, a new subsection, to be designated subsection (g), to read as follows: (g) Designate an agency records management officer who shall establish and operate a records management program. Section 6. Said Act is further amended by striking section 6 in its entirety and adding in lieu thereof, the following: Section 6. (a) Nothing in this Act shall be construed to divest agency heads of the authority to determine the nature and form of records required in the administration of their several departments. Notwithstanding this section agency heads shall carry out provisions of section 5; (b) Any records designated confidential by law shall be so treated by the Department in the maintenance, storage and disposition of such confidential records. These records

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shall be destroyed in such a manner that they cannot be read, interpreted, or reconstructed. Section 7. Said Act is further amended by striking section 7 in its entirety and substituting in lieu thereof, the following: Section 7. (a) All records created or received in the performance of duty and paid for by public funds are deemed to be public property and shall constitute a record of public acts; (b) The destruction of records shall occur only through the operation of an approved retention schedule. Such records shall not be placed in the custody of private individuals or institutions or semi-private organizations unless authorized by retention schedules; (c) The alienation, alteration, theft or destruction of records by any person or persons in a manner not authorized by an applicable retention schedule is punishable as a misdemeanor; (d) No person acting in compliance with the provisions of this Act shall be held personally liable. Section 8. Said Act is further amended by striking section 10(a) in its entirety and substituting in lieu thereof, the following: Section 10. (a) Title to any record transferred to the Georgia State Archives as authorized by this Act shall be vested in the Department. The Department shall not destroy any record transferred to it by an agency without consulting with the proper official of the transferring agency prior to submitting a retention schedule requesting such destruction to the State Records Committee. Access to records of Constitutional Officers shall be at the discretion of the Constitutional Officer who created, received, or maintained the records, but no limitation on access to such records shall extend more than 25 years after creation of the records.

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Section 9. Said Act is further amended by designating section 12 as section 15; section 13 as section 16; section 14 as section 17; and section 15 as section 18. Section 10. Said Act is further amended by adding a new section, to be designated as section 12, to read as follows: Section 12. (a) This section applies only to those records (1) that are confidential, classified or restricted by Acts of the General Assembly, or may be declared to be confidential, classified or restricted by future Acts of the General Assembly, unless said future Acts specifically exempt these records from the provisions of this Section; and (2) that have been, or are in the future, deposited in the Georgia State Archives or in other State-operated archival institutions because of their value for historical research; (b) All restrictions on access to records covered by this Section are hereby lifted and removed seventy-five years after the creation of the record; (c) Restrictions on access to records covered by this Section may be lifted and removed as early as twenty years after the creation of the record on unanimous approval in writing of the State Records Committee; (d) Applications requesting that the State Records Committee review and consider lifting such restrictions may be made either by the director of the Department or by the head of the agency that transferred the record to the Archives. Section 11. Said Act is further amended by adding a new section, to be designated as section 13, to read as follows: Section 13. (a) Records that are by law confidential, classified or restricted may be used for research purposes by private researchers providing that (1) the researcher is qualified to perform such research; (2) the research topic is designed to produce a study that would be of potential benefit to the State or its citizens; and (3) the researcher will agree in writing to protect the confidentiality of the information

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contained in the records. When the purpose of the confidentiality is to protect the rights of privacy of any person or persons who are named in the records the researcher must agree, in either his notes or in his finished study or in any manner, not to refer to said person in such a way that they can be identified. When the purpose of the confidentiality is to protect other information the researcher must agree not to divulge that information; (b) The head of the agency that created the records (or his designee) shall determine whether or not the researcher and his research topic meets the qualifications set forth in subsection (a) above prior to accepting the signed agreement from the researcher and granting permission to use the confidential records; (c) The use of such confidential records for research shall be considered a privilege and the agreement signed by the researcher shall be binding on him. Researchers who violate the confidentiality of these records shall be punishable in the same manner as would government employees or officials found guilty of this offense. Section 12. Said Act is further amended by adding a new section, to be designated as section 14, to read as follows: Section 14. (a) All laws or parts of laws prescribing how long or in what form records shall be kept are hereby repealed; (b) Whenever laws or rules and regulations prescribe where a record series must be kept, the custodian of such records shall be considered in compliance with said laws, rules and regulations if he transfers said records to a local holding area, a records center, or the Georgia State Archives when he does so in accordance with an approved retention schedule. Section 13. 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 14. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. BUREAU OF INDUSTRY AND TRADE PROVIDED, ETC. No. 467 (House Bill No. 825). An Act to amend the Executive Reorganization Act of 1972, approved April 6, 1972 (Ga. L. 1972, p. 1015), so as to provide for a Bureau of Industry and Trade within the Department of Community Development; to provide for a Bureau of Community Affairs within the Department of Community Development; to provide for a Commissioner of Industry and Trade; to provide for a Commissioner of Community Affairs; to provide for the reorganization of the functions within the Department of Community Development; 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 703 of the Executive Reorganization Act of 1972, approved April 6, 1972 (Ga. L. 1972, p. 1015, 1043), is amended by striking the same in its entirety and substituting in lieu thereof the following: Section 703. Bureau of Industry and Trade. There is hereby created within the Department of Community Development a Bureau of Industry and Trade to promote and encourage the responsible development of industry, trade, and tourism. The Bureau of Industry and Trade shall have such additional duties and responsibilities as may be assigned by the Board of Community Development. The Board shall appoint a Commissioner of Industry and Trade who shall be the executive officer and administrative head of the Bureau. Section 2. Section 704 of the Executive Reorganization

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Act of 1972, approved April 6, 1972 (Ga. L. 1972, p. 1015, 1043), is amended by striking the same in its entirety and substituting in lieu thereof the following: Section 704. Bureau of Community Affairs. There is hereby created within the Department of Community Development a Bureau of Community Affairs to promote within this State the orderly development of community services and related affairs. The Bureau of Community Affairs shall have such additional duties as may be assigned by the Board of Community Development. The Board shall appoint a Commissioner of Community Affairs who shall be the executive officer and administrative head of the Bureau. All of the functions previously transferred from the Bureau of State Planning and Community Affairs by the Executive Reorganization Act of 1972 to the Division of Community AffairsDepartment of Industry and Trade are assigned to the Bureau of Community Affairs. Section 3. The Executive Reorganization Act of 1972, approved April 6, 1972 (Ga. L. 1972, p. 1015) is amended by adding a new section immediately following Section 705 to be designated as section 706 to read as follows: Section 706. The duties and responsibilities of the Department of Community Development shall be assigned by the Board to one of the two Bureaus provided for in this Act. Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975.

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COMPENSATION OF BAILIFFS CHANGED. Code 59-120 Amended. No. 468 (Senate Bill No. 7). An Act to amend Code section 59-120, relating to the compensation of court bailiffs and payment of expense allowance to jurors, as amended, so as to change the maximum compensation of bailiffs; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 59-120, relating to the compensation of court bailiffs and payment of expense allowance to jurors, as amended, is hereby amended by striking subsection (a) of said Code section in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (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 $30 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. Code 59-120 amended. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975.

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EDUCATIONAGE FOR BEGINNING SCHOOL CHANGED. No. 469 (Senate Bill No. 8). An Act to amend an Act known as the Adequate Program for Education in Georgia Act, approved March 26, 1974 (Ga. L. 1974, p. 1045), so as to change the provisions relative to the age of children for beginning school; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Adequate Program for Education in Georgia Act, approved March 26, 1974 (Ga. L. 1974, p. 1045), is hereby amended by striking section 4 in its entirety and substituting in lieu thereof a new section 4 to read as follows: Section 4. General and Occupational Education. (a) Except as otherwise provided by subsection (b) of this Section, all children who have attained the age of six by December 31 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 or unmarried, a parent, or pregnant. Provided, however, the State Board of Education shall have authority to determine the eligibility of young children and adults for enrollment in programs of early childhood education and adult education programs of general, basic, and vocational education. The local units of administration shall have the authority to assign students who are married or unmarried, pregnant, or a parent, or a combination thereof, 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. These programs may include instruction in prenatal care and child care. It is hereby declared to be the policy of the State of Georgia that general and occupational

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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 or advanced study, or both, in his chosen career field. (b) Beginning with the first fiscal year following the fiscal year that section 7 of this Act, providing for preschool education is fully implemented and funded on a Statewide basis, or in any event not later than September 1, 1978, all children shall have attained the age of six by September 1 of a fiscal year in order to be eligible for enrollment in the general education and occupational programs provided for by this Act. Until such time, any local unit of administration, at its option, may require children to have attained the age of six by any date not earlier than September 1 or later than December 31 of a fiscal year in order to enroll in the local unit's general education and occupational program. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. ELECTIONSQUALIFICATION AS CANDIDATE WITH MORE THAN ONE PARTY PROHIBITED, ETC. Code Chapter 34-10 Amended. Code 34A-906 Amended. No. 470 (Senate Bill No. 13). An Act to amend Code Chapter 34-10 of the Georgia Election Code, relating to the nomination of candidates, as amended, so as to prohibit any person from qualifying

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with any political party as a candidate for nomination to any public office when such person has qualified for the same primary with another political party as a candidate for nomination by that party for any public office; to provide that persons shall not be certified as candidates under certain conditions; to amend Code section 34A-906 of the Georgia Municipal Election Code, relating to the qualification of candidates and the automatic nomination of unopposed candidates, as amended, so as to prohibit any person from qualifying with any political party as a candidate for nomination to any municipal office when such person has qualified for the same primary with another political party as a candidate for nomination by that party for any municipal office; to provide that persons shall not be certified as candidates under certain conditions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 34-10 of the Georgia Election Code, relating to the nomination of candidates, as amended, is hereby amended by adding at the end of said Code Chapter a new Code section to be designated Code section 34-1016 and to read as follows: 34-1016. Qualification for nomination with more than one political party prohibited. No person shall qualify with any political party as a candidate for nomination to any public office when such person has qualified for the same primary with another political party as a candidate for nomination by that party for any public office; nor shall a State executive committee or county executive committee of any political party certify any person as the candidate of said party when such person has previously qualifed as a candidate for nomination for any public office for the same primary with another political party. Section 2. Code section 34A-906 of the Georgia Municipal Election Code, relating to the qualification of candidates and the automatic nomination of unopposed candidates, as amended, is hereby amended by adding a new subsection

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at the end of said Code section to be designated subsection (d) and to read as follows: (d) No person shall qualify with any political party as a candidate for nomination to any municipal office when such person has qualified for the same primary with another political party as a candidate for nomination by that party for any municipal office; nor shall a municipal or other appropriate executive committee of a political party certify any person as the candidate of said party when such person has previously qualifed as a candidate for nomination for any public office for the same primary with another political party. Code 34A-906 amended. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. COUNTIESRELIEF TO CONFEDERATE SOLDIERSACT REPEALED. Code Chapter 23-24 Repealed. No. 472 (Senate Bill No. 26). An Act to repeal Code Chapter 23-24, relating to relief for poor Confederate soldiers; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 23-24, relating to relief for poor Confederate soldiers, is hereby repealed in its entirety. Code Chapter 23-24 repealed. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975.

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PEDDLERSPROVISION RELATING TO CONFEDERATE SOLDIERS REPEALED. Code Chapter 84-20 Amended. No. 473 (Senate Bill No. 28). An Act to amend Code Chapter 84-20, relating to peddlers, as amended, so as to repeal certain provisions relating to Confederate soldiers; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 84-20, relating to peddlers, as amended, is hereby amended by repealing in their entirety the following Code Sections: 84-2006. Authority of certain Confederate soliders to peddle and to sell life and fire insurance without license. All Confederate soldiers who have resided in this State for three years next preceding the filing of their applications, as hereinafter provided, are authorized to conduct the business of traveling life insurance agents or solicitors, and fire insurance agents or solicitors, and peddle in the State without first obtaining a license therefor from the State or any county or municipality thereof, and without being subject to any tax therefor. 84-2007. Oath required of Confederate soldiers. Before any such Confederate soldier shall avail himself of the privilege provided for in the preceding Section, he shall go before the ordinary of the county wherein he resides and make oath in writing that he served as a soldier in the Confederate Army or Navy, stating in what company and regiment or command, that he has resided in this State three years next preceding the filing of said affidavit, what business he proposes to conduct, and, if he proposes to peddle, shall state that the business which he proposes to carry on is his own, and that he will not sell, or offer to sell, any article for another, directly or indirectly.

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84-2008. Certificate of authority to Confederate soldiers. Upon making and filing the affidavit provided for in the preceding Section, the ordinary shall issue a certificate stating that said Confederate soldier has taken the oath prescribed by law, which certificate shall authorize the Confederate soldier making such affidavit and holding such certificate to conduct the business hereinbefore designated, in any county or municipality in this State, without procuring a license or being subject to any tax therefor: Provided, he shall not sell whisky or sewing machines. 84-2009. Disabled Confederate soldiers who are photographic, etc., artists, license of. Any disabled Confederate soldier of this State, who is a photographic or similar artist may carry on such business in any county without procuring a license. A certificate from the ordinary of any county stating the fact of his being such disabled Confederate soldier shall be sufficient evidence thereof. The privileges hereby granted shall not be transferable, and shall not extend to any person who, in the conduct of such business, has as many as three employees. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. DANGEROUS DRUGSMANUFACTURER MAY GIVE TO A PRACTITIONER ON CERTAIN CONDITIONS, ETC. Code 79A-703 Amended. No. 475 (Senate Bill No. 31). An Act to amend Code section 79A-703, relating to the illegal selling, giving way, bartering, exchanging, distribution or possession of dangerous drugs, as amended by an Act approved April 3, 1972 (Ga. L. 1972, p. 948), so as to provide certain conditions relative to the distribution of

Page 691

dangerous drugs by a manufacturer's sales representative to a practitioner; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 79A-703, relating to the illegal selling, giving away, bartering, exchanging, distribution or possession of dangerous drugs, as amended by an Act approved April 3, 1972 (Ga. L. 1972, p. 948), is hereby amended by adding after subsection (d), a new subsection to be designated subsection (e) to read as follows: (e) A manufacturer's sales representative may distribute a dangerous drug, as defined in 79A-702, as a complimentary sample only upon the written request of a practitioner, as defined in section 79A-102(q). Such request must be made on each distribution; shall contain the names and addresses of the supplier and the requestor and the name and quantity of the specific dangerous drug requested; and shall be preserved by the manufacturer for a period of two years. Code 79A-703 amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. GEORGIA DRUG AND COSMETIC ACT AMENDEDLABELING OF CERTAIN DRUG REQUIRED. Code 79A-1009.1 Enacted. No. 476 (Senate Bill No. 32). An Act to amend Code Chapter 79A-10, known as the Georgia Drug and Cosmetic Act, so as to provide additional requirements for the labeling of certain drugs; to provide

Page 692

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-10, known as the Georgia Drug and Cosmetic Act, is hereby amended by adding after section 79A-1009 a new Section, to be designated section 79A-1009.1, to read as follows: Section 79A-1009.1. (a) Any drug product designed for human usage which is branded as follows: `Caution: Federal law prohibits dispensing without prescription' shall bear on the label the name and address of the manufacturer. For the purposes of this section, the term manufacturer includes any of the following parties: (1) The person who is responsible for the production of the drug and maintains control over the processing of same; (2) The person to whose specifications the drug is manufactured and who reviews adherence to such specifications through a drug testing program; (3) The person who manufactures the drug product and then packs and ships the said drug products on behalf of the person designated on the label as being responsible for the drug product; (4) The person who manufactures the drug product and which product is distributed by the person designated on the label as being responsible for the drug without testing to determine adherence to specifications for manufacture. Provided, however, where the drug product is manufactured by an affiliated or subsidiary company of the distributor,

Page 693

the name and address of the distributor only need appear. (b) The provisions of this section shall apply to the drug products specified in this section which are manufactured on or after January 1, 1976. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. HEALTHINSPECTION WARRANTS PROVIDED. Code Chapter 88-3 Enacted. No. 477 (Senate Bill No. 33). An Act to amend Code Title 88, the Georgia Health Code, as amended; to provide for inspection warrants; to provide for definitions; to provide for practices and procedures in connection with the issuance and execution of inspection warrants; 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. Code Title 88, the Georgia Health Code, is hereby amended by adding, following Code Chapter 88-3, a new Chapter, to be designated Code Chapter 88-3A, to read as follows: CHAPTER 88-3A. INSPECTION WARRANTS. 88-301A. Definitions. Unless a different meaning is required by the context, the following term as used in this Chapter shall have the meaning hereinafter respectively ascribed to it:

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(a) `Public Health Law' means Chapters 1, 2, 10, 11, 12, 13, 14, 15, 16, 19, 27, 28, and 31 of this Title 88 of the Code of Georgia and any rule or regulation duly promulgated thereunder. (b) `Inspection warrant' means a warrant authorizing a search or inspection of private property where such a search or inspection is one that is necessary for the enforcement of any of the provisions of a `public health law'. 88-302A. Persons who may obtain inspection warrants. The Commissioner of Human Resources or his delegate, and the director of any county board of health, in addition to other procedures now or hereafter provided, may obtain an inspection warrant, under the conditions specified in this Chapter, authorizing him, or his agents, to conduct a search or inspection of property, either with or without the consent of the person whose property is to be searched or inspected, if such search or inspection is one that is elsewhere authorized under the rules and regulations duly promulgated under Code Title 88, the Georgia Health Code, as amended. 88-303A. Persons who may issue inspection warrants. Inspection warrants shall be issued only by a judge of a court of record whose territorial jurisdiction encompasses the property to be inspected. 88-304A. Grounds for inspection warrant. The issuing judge shall issue the warrant when he is satisfied that the following conditions are met: (a) The one seeking the warrant must establish under oath or affirmation that the property to be inspected is to be inspected as a part of a legally authorized program of inspection which includes that property, or that there is probable cause for believing that there is a condition, object, activity, or circumstance which legally justifies such as inspection of that property; and (b) The issuing judge determines that the issuance of the warrant is authorized by this Chapter.

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88-305A. Issuance of inspection warrants. The inspection warrant shall be validly issued only if it meets the following requirements: (a) The warrant describes, either directly or by reference to the affidavit, the property where the inspection is to occur and be accurate enough in description so that the executor of the warrant and the owner or possessor of the property can reasonably determine from it the property of which the warrant authorizes an inspection; and (b) The warrant indicates the conditions, objects, activities, or circumstances which the inspection is intended to check or reveal; and (c) The warrant is attached to the affidavit required to be made in order to obtain the warrant; and (d) The warrant refers, in general terms, to the statutory or regulatory provisions sought to be enforced. 88-306A. Exclusionary clause. No facts discovered or evidence obtained in an inspection conducted under authority of an inspection warrant under this Chapter shall be competent as evidence in any criminal proceeding against any party. 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. 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

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hereof would be declared or adjudged invalid or unconstitutional. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. COUNTY SCHOOL FUNDSINSURED FEDERAL SAVINGS AND LOAN INSTITUTIONS MAY ACT AS DEPOSITORIES, ETC. Code 89-811 Amended. No. 478 (Senate Bill No. 36). An Act to amend section 89-811 of the Code of Georgia of 1933, relating to the designation of solvent banks as depositories of all county monies and monies belonging to the school funds of the counties and of school districts therein, and of other districts therein organized for any purpose, so as to provide that insured federal savings and loan associations, or insured State chartered building and loan associations, may also be utilized as depositories of county monies and the other types of funds and monies hereinabove described; 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 89-811 of the Code of Georgia of 1933, relating to the designation of solvent banks as depositories of all county monies and monies belonging to the school funds of the counties and of school districts therein, and of other districts therein organized for any purpose, is hereby amended by striking said Code section in its entirety and substituting in lieu thereof a new Code section 89-811, to read as follows: 89-811. The county authorities shall designate one or

Page 697

more solvent banks, insured federal savings and loan associations or insured State chartered building and loan associations, as depositories of all county monies and monies belonging to the school funds of the county, and of school districts therein, and of other districts therein organized for any purpose; and if the county authorities shall not have provided for such a dispository, the county board of education or the trustees of any school district or the proper authorities having supervision over any other public fund may designate such a depository as to their funds; and if there be no applicable depository selected, the officer collecting or holding any public funds may select a depository. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. CEMETERIESPERPETUAL CARE FUNDS MAY BE INVESTED IN COMMON TRUST FUNDS. No. 479 (Senate Bill No. 37). An Act to amend an Act providing for the registration and regulation of cemeteries, approved April 4, 1969 (Ga. L. 1969, p. 242), as amended, particularly by an Act approved March 20, 1970 (Ga. L. 1970, p. 472), so as to provide that assets of the trust funds required to be established by perpetual care cemeteries and which are held by a State bank or national bank or trust company qualified to act as fiduciaries in this State may be invested in common trust funds maintained by such State bank or national bank or trust company; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly or Georgia:

Page 698

Section 1. An Act providing for the registration and regulation of cemeteries, approved April 4, 1969 (Ga. L. 1969, p. 242), as amended, particularly by an Act approved March 20, 1970 (Ga. L. 1970, p. 472), is hereby amended by striking section 3 which reads as follows: Section 3. Each cemetery which holds out to the public or advertises or contracts perpetual care or endowment care in connection with the sale or lease of cemetery lots, grave spaces, niches, or crypts, is hereby required to establish and maintain an irrevocable trust fund, the corpus of which shall be deposited in a bank, savings and loan institution, trust company, or other depository or trustee approved by the Secretary of State or which meets the standards contained in the rules and regulations promulgated by the Secretary of State. Provided, however, that any cemetery which has established an irrevocable trust fund prior to the effective date of this Act, and said trust fund meets the minimum criteria established by this Act and the rules and regulations of the Secretary of State, shall not be required to establish a new trust fund, but the trust fund may be added to and used in accordance with the provisions of this Act or said cemetery, in its sole discretion, may establish a new trust fund pursuant to the terms of this Act which shall be governed in all respects by this Act. Provided, further, that any cemetery which has sold all of its lots, grave spaces, niches, or crypts and is unable to make any future sales, shall not be required to establish a trust fund as provided herein. If, however, a cemetery has any lots, grave spaces, niches, or crypts remaining, the cemetery shall be required to create a trust fund and follow the mandates of this Act before selling or contracting to sell any cemetery property. The trust fund shall apply only to sales or contracts for sale of lots, grave spaces, niches, or crypts in which perpetual care has been promised or guaranteed which take place after the effective date of this Act. The cemetery owner may, however, permit the trust fund to apply to property sold prior to the effective date of this Act, if he so desires. The assets of said trust fund, including any trust fund established by a cemetery as a perpetual care fund prior to the effective date of this Act, shall be

Page 699

invested and reinvested subject to all of the terms, conditions, limitations, and restrictions imposed by the laws of the State of Georgia upon domestic life insurance companies in the making and disposing of their investments; and subject to like terms, conditions, limitations and restrictions the administrator or trustee of said trust fund shall have full power to hold, purchase, sell, assign, transfer, reinvest and dispose of any of the securities and investments in which any of the assets of said fund are invested, including proceeds of investments. Provided, however, that the provisions of section 56-1005 (4) of the Georgia Insurance Code (Ga. L. 1966, pp. 240, 241), relating to the limitation of investment of insurance reserves in common stocks, shall not apply to said cemetery perpetual care trust funds. in its entirety and substituting in lieu thereof a new section 3 to read as follows: Section 3. Each cemetery which holds out to the public or advertises or contracts perpetual care or endowment care in connection with the sale or lease of cemetery lots, grave spaces, niches, or crypts, is hereby required to establish and maintain an irrevocable trust fund, the corpus of which shall be deposited in a bank, savings and loan institution, trust company, or other depository or trustee approved by the Secretary of State or which meets the standards contained in the rules and regulations promulgated by the Secretary of State. Provided, however, that any cemetery which has established an irrevocable trust fund prior to the effective date of this Act, and said trust fund meets the minimum criteria established by this Act and the rules and regulations of the Secretary of State, shall not be required to establish a new trust fund, but the trust fund may be added to and used in accordance with the provisions of this Act or said cemetery, in its sole discretion, may establish a new trust fund pursuant to the terms of this Act which shall be governed in all respects by this Act. Provided, further, that any cemetery which has sold all of its lots, grave spaces, niches, or crypts and is unable to make any future sales, shall not be required to establish a trust fund

Page 700

as provided herein. If, however, a cemetery has any lots, grave spaces, niches, or crypts remaining, the cemetery shall be required to create a trust fund and follow the mandates of this Act before selling or contracting to sell any cemetery property. The trust fund shall apply only to sales or contracts for sale of lots, grave spaces, niches, or crypts in which perpetual care has been promised or guaranteed which take place after the effective date of this Act. The cemetery owner may, however, permit the trust fund to apply to property sold prior to the effective date of this Act, if he so desires. The assets of said trust fund, including any trust fund established by a cemetery as a perpetual care fund prior to the effective date of this Act, shall be invested and reinvested subject to all of the terms, conditions, limitations, and restrictions imposed by the laws of the State of Georgia upon domestic life insurance companies in the making and disposing of their investments; and subject to like terms, conditions, limitations and restrictions the administrator or trustee of said trust fund shall have full power to hold, purchase, sell, assign, transfer, reinvest and dispose of any of the securities and investments in which any of the assets of said fund are invested, including proceeds of investments. Provided, however, that the provisions of section 56-1005 (4) of the Georgia Insurance Code (Ga. L. 1966, pp. 240, 241), relating to the limitation of investment of insurance reserves in common stocks, shall not apply to said cemetery perpetual care trust funds. Provided further, however, that any State bank or any national bank or any trust company, authorized to act in a fiduciary capacity in this State, which presently or in the future serves as a fiduciary or cofiduciary of the trust fund of a perpetual care cemetery may invest any part or all of such trust fund held by it for investment in interests or participations in one or more common trust funds established by that State bank, national bank, or trust company for collective investment, if such investment is not expressly prohibited by the instrument, judgment, decree or order creating the fiduciary relationship, and if, in the case of cofiduciaries, the trust institution procures the consent

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of its cofiduciary or cofiduciaries to such investment, and notwithstanding the fact that such common trust funds are not invested and reinvested 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. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. REVENUECERTAIN COUNTIES AND CITIESAUTOMATIC RETURN OF PROPERTY FOR TAXATION IN CERTAIN MUNICIPALITIES, PROVIDED, ETC. (MUNICIPALITIES OF 15,000 IN COUNTIES OF 59,000-60,000). Code 92-6202.1 Amended. No. 480 (Senate Bill No. 38). An Act to amend Code section 92-6202.1, relating to the automatic return of property for taxation and claiming certain exemptions, as amended by an Act approved March 12, 1970 (Ga. L. 1970, p. 278), so as to provide for the automatic return of property for taxation and the claiming of certain exemptions in certain municipalities of this State; to provide for the practices and procedures in connection with the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 92-6202.1, relating to the automatic return of property for taxation and claiming certain

Page 702

exemptions, as amended by an Act approved March 12, 1970 (Ga. L. 1970, p. 278), is hereby amended by adding, preceding the first sentence thereof, the following: (a), and by inserting at the end thereof a new subsection (b), to read as follows: (b) Any taxpayer of any municipality having a population of 15,000 or more, according to the United States Decennial Census of 1970, or any future such 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 such census, who returned or paid taxes in such municipality for the preceding tax year and who fails to return his property for taxation as required by this Chapter, shall be deemed to have returned for taxation for the current tax year the same property as was returned or deemed to have been returned in the preceding tax year at the same valuation as such property was finally determined to be subject to taxation in the preceding year, and shall be deemed to have claimed the same homestead exemptions and personal property exemptions as allowed in the preceding year. Any penalty which is prescribed by this Title or any other law for the failure of a taxpayer to return his property for taxation within the time provided by law shall apply only to such property as the taxpayer shall have failed to return for tax on his previous return or property on which improvements have been made since his previous return., so that when so amended, Code section 92-6202.1 shall read as follows: 92-6202.1. (a) Any taxpayer of any county who returned or paid taxes in such county for the preceding tax year and who fails to return his property for taxation as required by this Chapter shall be deemed to have returned for taxation for the current tax year the same property as was returned or deemed to have been returned in the preceding tax year at the same valuation as such property was

Page 703

finally determined to be subject to taxation in the preceding year and shall be deemed to have claimed the same homestead exemption and personal property exemption as allowed in the preceding year. Any penalty which is prescribed by this Title or any other law for the failure of a taxpayer to return his property for taxation within the time provided by law shall apply only to such property as the taxpayer shall have failed to return for tax on his previous return or property on which improvements have been made since his previous return. (b) Any taxpayer of any municipality having a population of 15,000 or more, according to the United States Decennial Census of 1970, or any future such 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 such census, who returned or paid taxes in such municipality for the preceding tax year and who fails to return his property for taxation as required by this Chapter, shall be deemed to have returned for taxation for the current tax year the same property as was returned or deemed to have been returned in the preceding tax year at the same valuation as such property was finally determined to be subject to taxation in the preceding year, and shall be deemed to have claimed the same homestead exemptions and personal property exemptions as allowed in the preceding year. Any penalty which is prescribed by this Title or any other law for the failure of a taxpayer to return his property for taxation within the time provided by law shall apply only to such property as the taxpayer shall have failed to return for tax on his previous return or property on which improvements have been made since his previous return. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975.

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HEALTHCARE AND TREATMENT OF MENTALLY ILLCONSENT PROVISIONS CHANGED, ETC. Code Chapter 88-29 Amended. No. 481 (Senate Bill No. 41). An Act to amend Code Chapter 88-29, known as the Georgia Medical Consent Law, as amended, so as to change the provisions relating to the care and treatment of the mentally ill; to provide that incompetent persons shall not be authorized to consent to any surgical or medical treatment or procedures; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 88-29, known as the Georgia Medical Consent Law, as amended, is hereby amended by striking Code section 88-2903 in its entirety and inserting in lieu thereof a new Code section 88-2903 to read as follows: Section 88-2903. The provisions of this Chapter shall be applicable to the care and treatment of patients in facilities for mentally ill as defined in Code section 88-501 (c). Section 2. Said Code Chapter 88-29 is hereby further amended by adding at the end of Code section 88-2904, relating to persons who may give consent to surgical or medical treatment, a new paragraph to read as follows: Provided, however, that a person who has been adjudicated incompetent as provided by law shall not be authorized to consent, either orally or otherwise, to any surgical or medical treatment or procedures for himself or for another. Code 89-2904 amended. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975.

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BEESCERTAIN INDEMNIFICATION FOR DESTRUCTION INCREASED. No. 482 (Senate Bill No. 50). An Act to amend an Act providing for the indemnification for honey bees or bee-keeping fixtures ordered destroyed by the State Entomologist because of infection by contagious disease, approved March 10, 1970 (Ga. L. 1970, p. 197), so as to increase the amount of indemnification paid to owners of property so destroyed; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act, providing for the indemnification for honey bees or bee-keeping fixtures ordered destroyed by the State Entomologist because of infection by contagious disease, is hereby amended by striking therefrom the following: ..... provided, however, in no event shall the compensation paid to any such owner exceed the sum of $6.00 per colony. and inserting in lieu thereof the following: ..... provided, however, in no event shall the compensation paid to any such owner exceed the sum of $15.00 per colony. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975.

Page 706

SALE OF ANTIFREEZE REGULATED. No. 483 (Senate Bill No. 51). An Act to provide for the inspection and regulation of the sale of antifreeze substances and preparations; to provide for definitions; to state what constitutes adulteration and misbranding; to provide for inspection, analysis and permit for sale of antifreeze; to provide for the enforcement and administration of this Act by the Commissioner of Agriculture; to provide for rules and regulations; to provide for the submission of formula or chemical contents of antifreeze to the State Oil Chemist of the Department of Agriculture; to provide for penalties; to provide for the admission of copies of analysis into evidence; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Definition of terms. As used in this Act: (a) The term or word antifreeze shall include all substances and preparations intended for use as the cooling medium, or to be added to the cooling liquid, in the cooling system of internal combustion engines to prevent freezing of the cooling liquid or to lower its freezing point. (b) The term person shall be construed to mean both the singular and plural as the case demands, and shall include individuals, partnerships, corporations, companies and associations. Section 2. An antifreeze shall be deemed to be adulterated: (1) If it consists in whole or in part of any substance which will render it injurious to the cooling system of an internal combustion engine or will make the operation of the engine dangerous to the user. Adulterated. (2) If its strength, quality, or purity falls below the standard of strength, quality or purity under which it is sold.

Page 707

(3) If it consists of, or is compounded with, calcium chloride, magnesium chloride, petroleum distillates or other chemicals or substances in quantities harmful to the cooling system of internal combustion engines. Section 3. An antifreeze shall be deemed to be misbranded: (1) If its labeling is false or misleading in any particular. Misbranded. (2) If in package form it does not bear a label containing the name and place of business of the manufacturer, packer, or distributor; and an accurate statement of quantity of the contents in terms of weight or measure; and they are not plainly and correctly stated on the outside of the package or container. Section 4. Before any antifreeze shall be sold, exposed for sale, or stored, packed or held with intent to sell within this State, a sample thereof must be inspected under the supervision of the State Oil Chemist in the Department of Agriculture. Under application of the manufacturer or packer, or distributor and the payment of a license or inspection fee of twenty-five dollars ($25.00) for each brand or type of antifreeze submitted, the State Oil Chemist shall subject to inspection or analysis the antifreeze so submitted. If the antifreeze is not adulterated or misbranded, if it meets the standards established and promulgated by the Commissioner of Agriculture, and if the said antifreeze is not such a type or kind that is in violation of this Act, the Commissioner of Agriculture shall issue the applicant a written license or permit authorizing the wholesale and retail sale, by the applicant and by others, of such antifreeze in this State for the fiscal year in which the license or inspection fee is paid, which license or permit shall be subject to renewal annually. If the Commissioner of Agriculture shall, at a later date, find that the antifreeze product or substance to be sold, exposed for sale or held with intent to sell has been materially altered or adulterated, or a change has been made in the name, brand or trademark under which the antifreeze is sold, or that it violates the provisions of this Act, the Commissioner of Agriculture is authorized to revoke or suspend the license or permit issued hereunder of the licensee so

Page 708

found in violation of this Act after notice and hearing before the Commissioner. No license or permit for the sale of antifreeze in this State shall be issued until application has been made as provided by this Act and such samples of the product as may be required by the State Oil Chemist to qualify it have been submitted and until the State Oil Chemist notifies the Commissioner of Agriculture that said antifreeze meets the requirements of this Act. Samples. Section 5. It shall be the duty of the Commissioner of Agriculture to administer and enforce the provisions of this Act by inspections, chemical analysis, or any other appropriate methods, and to utilize any employee of the Department of Agriculture in the performance of his duties hereunder. All quantities or samples of antifreeze submitted for inspection or analysis shall be taken from stocks in this State or intended for sale in this State, or the Commissioner of Agriculture may require the manufacturer or distributor applying for an inspection of antifreeze to supply such sample thereof for analysis. The Commissioner of Agriculture and his inspectors shall have free access during business hours to all places of business, buildings, vehicles, cars and vessels used in the manufacture, transportation, sale or storage of any antifreeze and may open any box, carton, parcel, package, or container holding or containing or supposed to contain any antifreeze and may take therefrom samples for analysis. If it appears that any provisions of this Act have been violated, the Commissioner of Agriculture and his inspectors or representatives are hereby authorized to issue a stop-sale order which shall prohibit further sale of any antifreeze being sold, exposed for sale or held with intent to sell within this State in violation of this Act, until the provisions of this Act have been complied with or said violation has otherwise been legally disposed of. In case any stop-sale order shall be issued under the provisions of this Act, the Commissioner of Agriculture shall release the antifreeze so withdrawn from sale when the provisions of this Act have been complied with and upon payment of all costs and expenses incurred in connection with the withdrawal. Inspections. Section 6. Any antifreeze not in compliance with the provisions of this Act shall be subject to seizure upon complaint

Page 709

of the Commissioner of Agriculture or his inspectors or representatives to the superior court in the county in which said antifreeze is located. In the event the superior court finds said antifreeze to be in violation of this Act, it may order the condemnation of said antifreeze, and the same shall be disposed of in any manner consistent with the rules and regulations of the Department of Agriculture and the laws of this State; provided, that in no instance shall the disposition of said antifreeze be ordered by the court without first affording the claimant or owner of same an opportunity to apply to the court for the release of said antifreeze or for permission to process or re-label said antifreeze so as to bring it into compliance with this Act. Seizure. Section 7. The Commissioner of Agriculture may publish or furnish upon request a list of the brands and classes or types of antifreeze inspected by the State Oil Chemist during the fiscal year which have been found to be in compliance with the provisions of this Act and for which a license or permit for sale has been issued. It shall be lawful for any manufacturer, packer, or distributor of antifreeze to show, by advertising, in any manner, that its brand of antifreeze has been inspected, analyzed or licensed for sale by the Commissioner of Agriculture acting through the State Oil Chemist. It shall be unlawful for any manufacturer, packer, or distributor of antifreeze to advertise in any manner that such antifreeze so advertised for sale has been approved by the Commissioner of Agriculture. Section 8. When any manufacturer, packer, or distributor applies to the Commissioner of Agriculture for a license or permit to sell antifreeze in this State, the Commissioner of Agriculture may require such manufacturer, packer, or distributor to furnish to the State Oil Chemist a statement of the formula or contents of such antifreeze, which statements shall conform to rules and regulations established by the Commissioner of Agriculture; provided, that the statement of the formula or contents need not include the inhibitor ingredients if such inhibitor ingredients total less than five percent by weight of the antifreeze and if in lieu thereof the manufacturer, packer, or distributor furnishes to the State Oil Chemist satisfactory evidence, other than

Page 710

by disclosure of the inhibitor ingredients, that the antifreeze is in conformity with the provisions of section 2 of this Act. All statements of contents, formula or trade secrets furnished under this section shall be privileged and confidential and shall not be subject to subpoena nor shall the same be exhibited or disclosed before any administrative or judicial tribunal by virtue of any order or subpoena of such tribunal unless with the consent of the person, firm, association or corporation owning and/or furnishing to the State Oil Chemist such statement of contents. License. Section 9. A copy of the analysis made by the State Oil Chemist of the Department of Agriculture of any antifreeze and certified by him shall be admitted as evidence in any court of this State upon trial of any issue involving the merits of antifreeze as defined and covered by the provisions of this Act. Section 10. The Commissioner of Agriculture shall be authorized to promulgate rules and regulations to implement the provisions of this Act and to accomplish its purpose. Rules. Section 11. In addition to the remedies provided herein and notwithstanding the existence of any other remedy at law and notwithstanding the pendency of any criminal prosecution, the Commissioner of Agriculture is authorized to apply to the superior court in the county in which antifreeze in violation of this Act is sold, exposed for sale, or stored, packed or held with intent to sell, and such court shall have jurisdiction upon hearing and for cause shown to grant a temporary or permanent injunction or ex parte restraining order enjoining or restraining any person from violating or continuing to violate any of the provisions of this Act or for the failure or refusal to comply with the provisions of this Act or any rule or regulation promulgated hereunder. Injunctions. Section 12. Violation of any provision of this Act or the rules and regulations promulgated hereunder shall constitute a misdemeanor and shall be punishable as such. Penalty. Section 13. Should any sentence, clause, phrase, or part

Page 711

of this Act be declared for any reason to be unconstitutional or invalid, the same shall not effect 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 such provision of this Act independently of any other provision hereof. Severability. Section 14. All laws and parts of laws in conflict with this Act are hereby repealed. Section 15. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Approved April 18, 1975. WILLSFUNERAL EXPENSES MADE A CLAIM AGAINST ESTATE OF DECEDENT. Code 113-1508 Amended. No. 484 (Senate Bill No. 152). An Act to amend Code section 113-1508, relating to priority of claims against the estate of a decedent, so as to include the funeral expenses of a deceased person who leaves a surviving spouse as a claim against the estate; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 113-1508, relating to priority of claims against the estate of a decedent, is hereby amended by striking from the second numbered paragraph thereof the words: to correspond,

Page 712

and substituting in lieu thereof the following: whether or not the deceased leaves a surviving spouse, in an amount which corresponds, so that when so amended, Code section 113-1508 shall read as follows: 113-1508. Priority of debts. Claims against the estate of a decedent shall rank in the following order: 1. Year's support for the family. 2. Funeral expenses, whether or not the deceased leaves a surviving spouse, in an amount which corresponds with the circumstances of the deceased in life, including the physician's bill and expenses of the last sickness. If the estate is solvent, the administrator is authorized to provide a suitable protection for the grave of the deceased. 3. The necessary expenses of administration. 4. Unpaid taxes or other debts due the State or United States. 5. Debts due by the deceased as executor, administrator, or guardian, for the estate committed to him as such, or any debt due by the deceased as trustee, having had actual possession, control, and management of the trust property. 6. Judgments, mortgages, and other liens created during the lifetime of deceased, to be paid according to their priority of lien. Mortgages and other liens on specific property shall be preferred only to the extent of such property. 7. Debts due for rent. 8. All liquidated demands, including foreign judgments, dormant judgments, bonds, and all other obligations in writing for the payment of money, promissory notes, and all debts the amount due on which was fixed and ascertained or acknowledged in writing prior to the death of the decedent.

Page 713

9. Open accounts. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. GEORGIA AGRIRAMA DEVELOPMENT AUTHORITY ACT AMENDEDPOWER OF EMINENT DOMAIN GRANTED, ETC. No. 485 (Senate Bill No. 66). An Act to amend an Act creating the Georgia Agrirama Development Authority, approved April 7, 1972 (Ga. L. 1972, p. 1161), so as to provide the power of eminent domain over real, personal or mixed property, whether held privately or by a public service corporation; to provide for a choice of procedures for exercise of the power of eminent domain; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Georgia Agrirama Development Authority, approved April 7, 1972 (Ga. L. 1972, p. 1161), is hereby amended by adding at the end of section 5 a new subsection which shall read as follows: (Q). The Georgia Agrirama Development Authority may take or damage by condemnation property, whether held privately or by a public service corporation in Tift County, Georgia, for the public purposes of the Authority upon paying or tendering to the owner thereof just and adequate compensation. Condemnation proceedings by the Authority shall take the form provided in Part II of Title 36 of the

Page 714

Code of Georgia, as amended, or as it may hereinafter be amended, or the form provided in Chapter 36-11 of the Code of Georgia, as amended, or as it may hereinafter be amended. The method used shall be the one, which in the opinion of the Authority, will result in a quick and effective adjudication of the just and adequate compensation to be paid to the owner or owners of the property taken. Eminent domain. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. BOARD OF CHIROPRACTIC EXAMINERSLICENSE FEES CHANGED, ETC. Code Chapter 84-5 Amended. No. 486 (Senate Bill No. 99). An Act to amend Code Chapter 84-5, relating to the regulation of Chiropractic and the Board of Chiropractic Examiners, as amended, so as to change the compensation of the members of the board; to change certain license fees; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 84-5, relating to the regulation of Chiropractic and the Board of Chiropractic Examiners, as amended, is hereby amended by striking from Code section 84-505, relating to examination fees, the following: $10, and substituting in lieu thereof the following: $25,

Page 715

so that when so amended, said Code section shall read as follows: 84-505. Examination fees; accounts; compensation and expenses of board. All examination fees received by the Joint-Secretary, State Examining Boards, under the provisions of this Chapter shall be used for defraying the expenses of the Board of Chiropractic Examiners in carrying out the provisions of this Chapter. The Joint-Secretary, State Examining Boards, shall keep a true and accurate account of all funds received and all vouchers issued. The members of the board shall receive a per diem of $25 for each day during which they shall actually be engaged in the discharge of their duties, and, in addition thereto, their expenses as provided in Chapter 84-1. Such per diem and expenses shall be paid out of the funds of the State Board of Chiropractic Examiners and not otherwise. Section 2. Said Chapter is further amended by striking from Code section 84-507, relating to applicants for examination, their qualifications and fees, the following: $25 and like, and substituting in lieu thereof the following, respectively: $50 and $25 fee, so that when so amended, said Code section shall read as follows: 84-507. Applicants for examination; qualifications; fees; certificate. Any person wishing the right to practice chiropractic shall make written application to said Board of Chiropractic Examiners through the Joint-Secretary, State Examining Boards, in such form as may be adopted and directed by the board. Each applicant shall be of good moral character and shall be a graduate of a chartered chiropractic school or college which teaches only attendance courses and requires a four-year standard college course, and said applicant shall have had literary training equaling as much as a regular high school course, of 14 Carnegie

Page 716

units, which school training shall be evidenced by the certificate of any recognized State educational official, that the Governor may appoint, for which certificate the applicant shall pay said official a fee of $2, and no applicant shall appear before the board or be examined without such certificate. Application shall be in writing and shall be signed by the applicant in his own handwriting, and shall be sworn to before some officer authorized under the laws to administer oaths, and shall recite the history of the applicant's educational qualifications, how long he has studied chiropractic, what collateral branches, if any, he has studied, the length of time he has engaged in clinical practice, with proof thereof in the form of diplomas, certificates, etc., and shall accompany said application with satisfactory evidence of good character and reputation. There shall be paid to the Joint-Secretary by each applicant for a license, a fee of $50, which shall accompany said application. A $25 fee shall be paid for any subsequent application. From and after January 1, 1962, in addition to the requirements herein provided, each applicant for examination shall have successfully concluded one year additional general college training in schools or colleges approved by the Southern Association of Accredited Colleges and Universities or schools or colleges approved by virtue of reciprocity through said association. From and after January 1, 1964, each applicant for examination shall have successfully concluded two years general college training in schools or colleges approved by the Southern Association of Accredited Colleges and Universities or schools or colleges approved by virtue of reciprocity through said association. Section 3. Said Chapter is further amended by striking from Code section 84-510, relating to persons licensed to practice chiropractic in other States, the following: $50, and substituting in lieu thereof the following: $100,

Page 717

so that when so amended, said Code section shall read as follows: Section 84-510. Practitioners licensed in other States. Persons licensed to practice chiropractic under the laws of any other State having requirements equal to those of this Chapter may in the discretion of the board be issued a license to practice in this State without examination upon the payment of a fee of $100. Section 4. Said Chapter is further amended by striking from Code section 84-519, relating to the procedures for the restoration of licenses, the following: $25, and substituting in lieu thereof the following: $50, so that when so amended, said Code section shall read as follows: 84-519. New or original license; issuance; fee. The Board of Chiropractic Examiners may at any time within two years of the refusal or revocation or cancellation of registration under this Chapter, by a majority vote, issue a new license or grant a license to the person affected, restoring him to or conferring upon him all the rights and privileges of, and pertaining to, the practice of chiropractic as defined and regulated by this Chapter, upon said applicant or licentiate showing good moral character and possessing the qualifications required under the terms of this Chapter. Any person to whom such registration may have been restored shall pay to the Joint-Secretary, State Examining Boards, the sum of $50 upon the issuance of a new license. Section 5. Said Chapter is further amended by striking from Code section 84-521, relating to renewal licenses, the following: and every year, beginning with the year 1972, a fee of $10, and substituting in lieu thereof the following: a fee of $12.50,

Page 718

so that when so amended, said Code section shall read as follows: Section 84-521. Annual renewal of license; fee; notice to licensees of renewal date; bond of Joint-Secretary, State Examining Boards. Every person who receives, or has received a license to practice chiropractic from the State Board of Chiropractic Examiners shall pay the said board on or before January 1st of each year a fee of $12.50 which shall renew his license to practice chiropractic for the ensuing year: Provided, however, that said board has satisfactory evidence that applicant for renewal attended the two-day educational program as conducted by the Georgia Chiropractic Association or its equivalent as approved by the State Board of Chiropractic Examiners in the year preceding each such applicant for renewal. Satisfactory evidence of attendance of post graduate study of a type and character and at an institution approved by the board shall be considered equivalent. All chiropractic colleges teaching an approved course of instruction shall be classified as approved. Any State association educational program of like manner may be approved provided the State Board of Chiropractic Examiners certify that any particular State association educational programs meet the requirements of the Georgia Chiropractic Association. The Joint-Secretary, State Examining Boards, shall notify each licensee at least 30 days prior to January 1st of each year of the due date for renewal, and failure to pay such renewal fee shall operate as a forfeiture of the right of the licensee to practice his profession in this State: Provided, however, that he may be reinstated by the board, in its discretion, upon payment of all fees due. The Joint-Secretary, State Examining Boards, shall give a bond in the principal sum of $1,000 payable to the Governor of Georgia, for the faithful performance of his duties. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975.

Page 719

HEALTHINCOMPETENCY HEARINGSEXPENSES CHANGED. Code 88-508.2 Amended. No. 488 (Senate Bill No. 104). An Act to amend Code section 88-508.2, relating to expenses for hearings held as a part of incompetency proceedings, as amended, so as to change certain fees; 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 88-508.2, relating to expenses for hearings held as a part of incompetency proceedings, as amended, is hereby amended by striking from subsections (c) and (d), the following: $10.00, and substituting in lieu thereof, the following: $25.00, so that when so amended subsections (c) and (d) shall read as follows: (c) For the hearing under section 88-507.3 the sum to be paid to the members of the examining committee shall not exceed $25.00 and actual expenses to each member. The total costs to be paid to the Probate Court for such hearing shall be the sum of $25.00. Code 88-508.3 amended. (d) For any hearing under the provisions of this Chapter, the sum to be paid to an attorney appointed to represent the patient shall not exceed $25.00 and actual expenses. In exceptional circumstances, the attorney may apply to the Superior Court of the judicial circuit in which the hearing was held for an order granting reasonable fees in excess of the amount specified herein.

Page 720

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. MOTOR VEHICLESCERTAIN AUTOMOBILE TAGS ISSUED FREE TO CERTAIN VETERANS. No. 489 (Senate Bill No. 118). An Act to amend an Act providing for the issuance of automobile tags to disabled veterans, approved February 27, 1956 (Ga. L. 1956, p. 336), as amended, particularly by an Act approved April 9, 1968 (Ga. L. 1968, p. 1211), and an Act approved March 17, 1970 (Ga. L. 1970, p. 316), so as to provide for the issuance of free motor vehicle license tags to certain wartime veterans who were discharged under honorable conditions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the issuance of automobile tags to disabled veterans, approved February 27, 1956 (Ga. L. 1956, p. 336), as amended, particularly by an Act approved April 9, 1968 (Ga. L. 1968, p. 1211), and an Act approved March 17, 1970 (Ga. L. 1970, p. 316), is hereby amended by striking section 1 in its entirety and inserting in lieu thereof a new section 1, to read as follows: Section 1. (a) Any veteran who was discharged under honorable conditions and who served on active duty in the armed forces of the United States or on active duty in a reserve component of the United States, including the National Guard, during wartime or during the period beginning January 31, 1955, and ending on a day to be determined by

Page 721

presidential proclamation or by a concurrent resolution of the Congress declaring a cessation of the Vietnam Era shall, upon application therefor, be issued a free motor vehicle license tag upon presentation of proof that he is receiving or that he is entitled to receive a statutory award from the Veterans Administration for: Tag. (1) loss or permanent loss of use of one or both feet; (2) loss or permanent loss of use of one or both hands; (3) loss of sight in one or both eyes; (4) permanent impairment of vision of both eyes of the following status: central visual acuity of 20/200 or less in the better eye, with corrective glasses, or central visual acuity of more than 20/200 if there is a field defect in which the peripheral field has contracted to such an extent that the widest diameter of visual field subtends on angular distance no greater than twenty degrees in the better eye. (b) Any wartime veteran who was discharged under honorable conditions and who has been adjudicated by the Veterans Administration of the United States as being 100 percent totally and permanently disabled and entitled to receive service connected benefits shall, upon application therefor, be issued a free motor vehicle license tag upon presentation of proof that he is receiving or that he is entitled to receive benefits for a 100 percent service connected disability, as long as he is 100 percent disabled. (c) Once a veteran has established his eligibility to receive free motor vehicle license tags, he shall be entitled to receive free tags or free revalidation stickers in succeeding years on any automobile, private passenger pickup truck, station wagon or van type vehicle of three-quarter tons or less that he may own or acquire in the future. Two tags or revalidation stickers each year shall be furnished under the provisions of this Section unless the originals are lost. Said tags shall be fastened to both the front and rear of the vehicle. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975.

Page 722

DEPARTMENT OF REVENUEATTORNEY GENERAL TO FURNISH LEGAL SERVICES. No. 490 (Senate Bill No. 121). An Act to amend an Act approved January 3, 1938 (Ga. L. 1937-38, Ex. Sess., p. 77), relating to the Department of Revenue and administration of the tax laws, as amended, so as to provide that the Attorney General shall furnish such legal services as may be necessary to enable the Revenue Commissioner to perform the duties of his office; 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 January 3, 1938 (Ga. L. 1937-38, Ex. Sess., p. 77), creating the Department of Revenue, as amended, is hereby amended by striking from section 8 of the said 1938 Act, as amended, the words: To enable the Commissioner to perform the duties required by this Section, the Governor is hereby authorized and empowered to direct that an Assistant Attorney General be attached to the Department of Revenue, such Assistant Attorney General to be one of the five Assistant Attorney Generals provided by the present law, and in no event shall the Commissioner be authorized to employ any other attorneys to enforce any of the provisions of this Act, but at all times and in all matters procure the services of the Attorney General and his assistants, except County Attorneys or Solicitor General may be employed as provided by this Act. The salary of such Assistant Attorney General, his law clerks and clerical assistants, shall be paid from the appropriation made for expenses of the Department of Revenue, and such Assistant Attorney General shall be under the technical jurisdiction of the Department of Law with respect to matters of legal principle. Before any suit, action or other judicial proceeding for the enforcement of this Act or collection of State taxes shall be initiated, by any counsel other than a duly appointed Assistant Attorney General or the Attorney General himself, it shall be the duty of counsel

Page 723

(whether counsel shall be a County Attorney or Solicitor General or other person) to file with the Commissioner a copy of the petition or other pleading together with a sworn statement of the facts on which the petition or other pleading is based; and no such suit, action or other judicial proceeding shall be instituted until the same shall have been approved and authorized by the Revenue Commissioner., and substituting therefor, the words: The Attorney General shall provide such legal advice and assistance as may be necessary to enable the Commissioner to perform the duties required by this section., so that section 8, when so amended, shall read as follows: The Revenue Commissioner is hereby authorized and empowered, subject to the provisions of law in such cases provided, to act in the name, and in behalf, of the State of Georgia to institute any suit, action or judicial proceeding to collect delinquent State taxes; to cause property not listed to be assessed; to cause by mandamus the performance of any act required by law incident to administration of any State revenue, or to collect any claim or obligation of any person, including any public official, which may be due to the State. He is hereby authorized to act as relator in any and all such suits, actions or judicial proceedings. The Attorney General shall provide such legal advice and assistance as may be necessary to enable the Commissioner to perform the duties required by this section. Services. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975.

Page 724

SOIL CONSERVATION DISTRICTS LAW AMENDEDATTORNEY GENERAL TO FURNISH LEGAL SERVICES. No. 491 (Senate Bill No. 123). An Act to amend an Act known as The Soil Conservation Districts Law, approved March 26, 1937 (Ga. L. 1937, p. 377), as amended, particularly by an Act approved February 27, 1962 (Ga. L. 1962, p. 116), so as to provide that the Attorney General of the State shall provide the only legal services required by the State Soil Conservation Committee; 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 26, 1937 (Ga. L. 1937, p. 377), as amended, particularly by an Act approved February 27, 1962 (Ga. L. 1962, p. 116), relating to soil conservation and known as The Soil Conservation Districts Law, is hereby amended by striking from the second sentence of section 4b of the said 1937 Act, as amended, the words: or may employ its own counsel and legal staff so that section 48 when so amended shall read as follows: b. The State Soil Conservation Committee may employ an administrative officer and such technical experts and such other agents and employees, permanent and temporary, as it may require, and shall determine their qualifications, duties, and compensation. The committee may call upon the Attorney-General of the State for such legal services as it may require. It shall have authority to delegate to one or more of its members, or to one or more agents or employees, such powers and duties as it may deem proper, and the committee is authorized to furnish information as well as call upon any or all State or local agencies for cooperation in carrying out the provisions of this Act. Services. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date.

Page 725

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. PROPERTYADVERSE POSSESSION OF CERTAIN CLASSES OF PROPERTY PROVIDED. Code Chapter 85-4 Amended. No. 493 (Senate Bill No. 132). An Act to amend Code Chapter 85-4, relating to obtaining title to property by prescription, so as to provide an additional method for obtaining good title to property by adverse possession in regard to certain classes of property; to provide the procedures connected therewith; 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 85-4, relating to obtaining title to property by prescription, is hereby amended by adding a new Code section between Code sections 85-407 and 85-408 to be designated Code section 85-407.1 and to read as follows: 85-407.1. Presumptive adverse possession for certain classes of property. (a) Whenever mineral rights are conveyed or real property is conveyed in fee simple, except that the mineral rights to such property have been reserved by the grantor, the owner of the property in fee simple, his heirs or assigns may gain title to such mineral rights under the theory of adverse possession in the following manner and under the following conditions: (1) Conditions.The owner of such mineral rights, his heirs or assigns must have, for a period of seven (7) years since the date of the conveyance and for seven (7) years immediately preceding the filing of the petition provided

Page 726

for herein, neither worked nor attempted to work such mineral rights nor paid any taxes due thereon. (2) Manner of obtaining absolute title.The owner of the property in fee simple, his heirs or assigns may obtain absolute title to such property in the following manner: A. Where the conditions provided for herein exist, such owner, his heirs or assigns may file a petition requesting relief in the nature of declaratory judgment in the superior court for the county wherein the land lies. B. Such petition shall contain all essential required paragraphs, including jurisdiction, and that the plaintiff or his predecessors in title, was granted and obtained a deed for the property in question; and that such conveyance reserved mineral rights; or that the plaintiff or his predecessors in title conveyed such mineral rights and reserved or retained the fee simple title to such real property; and that for a period of seven (7) years preceding the filing of this petition after the conveyance, the owner of such mineral rights or his heirs or assigns has neither worked nor attempted to work such mineral rights nor paid taxes thereon. The petition shall also contain the name and last known address of the grantor of such property reserving such interest, and the name and last known address of his heirs, assigns or any other person having an interest in such mineral rights, if known by the plaintiff. C. The prayers included in such petition shall include any and all prayers regarding such land that the plaintiff may desire; and that the court find that the plaintiff has obtained title to the mineral rights through adverse possession; and that the plaintiff be granted title to such mineral rights. D. Upon a finding in the plaintiff's favor, the court shall issue a judgment and decree declaring that the mineral rights involved have been lost and that the plaintiff has gained absolute title to such mineral rights. E. Services.Service shall be perfected in the same

Page 727

manner as service on a resident defendant in an in rem proceeding or a nonresident in an in rem proceeding, including service by publication. (b) Nothing provided herein shall restrict the court from granting further plenary relief, legal or equitable; and the failure of such petition in plaintiff's favor shall not affect the right of the plaintiff to any other relief, legal or equitable, to which he may be entitled. (c) Any person named in the petition or any person having an interest in the mineral rights shall have the right to intervene in a case brought under the provisions of this Code section. (d) The court, in order to maintain the status pending the adjudication of the questions or to preserve equitable rights, may grant injunctions and other interlocutory extraordinary relief, in substantially the manner and under the same rules applicable to equitable cases. (e) Provided, however, nothing in this section shall apply to a lease for a specific number of years nor to an owner of mineral rights who has leased in writing the mineral rights to a licensed mining operator as defined in the Georgia Surface Mining Act of 1968, as amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. CRIMINAL PROCEDUREDISTRICT ATTORNEYS MAY GRANT IMMUNITY FROM PROSECUTION, ETC. No. 494 (Senate Bill No. 137). An Act to authorize the Attorney General and the District Attorneys of Georgia, upon approval of a Superior Court Judge, to grant immunity from prosecution in criminal

Page 728

proceedings; to provide that the immunity from prosecution does not cover perjury or contempt committed while giving evidence; to authorize the Judges of the Superior Courts to hold in contempt certain persons who withhold information; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Witness Immunity Section 1. Whenever in the judgment of the Attorney General or any District Attorney, the testimony of any person or the production of evidence of any kind by any person in any criminal proceeding before a court or grand jury is necessary to the public interest, then the Attorney General or the District Attorney may request the Superior Court, in writing, to so order that person to testify or produce the evidence. Upon order of the court that person shall not be excused from testifying or producing any evidence required, on the basis of his privilege against self-incrimination; but no testimony or other evidence required under the order or any information directly or indirectly derived from such testimony or evidence may be used against the person in any proceedings or prosecution for a crime or offense concerning which he testified or produced evidence under court order. However, he may nevertheless be prosecuted or subjected to penalty or forfeiture for any perjury, false swearing or contempt committed in testifying or failing to testify, or in producing, or failing to produce, evidence in accordance with the order, but shall not be required to produce evidence that can be used in any other courts, including federal courts. Any order entered under the provisions of this Act shall be entered of record in the minutes of the court so as to afford a permanent record thereof, and any testimony given by a person pursuant to such order shall be transcribed and filed for permanent record in the office of the clerk of the court. Section 2. If a person refuses to testify after being granted immunity from prosecution and after being ordered to testify as aforesaid, he may be adjudged in contempt and

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committed to the county jail until such time as he purges himself of contempt by testifying as ordered without regard to the expiration of the grand jury; provided, however, that if the grand jury before which he was ordered to testify has been dissolved, he may purge himself by testifying before the court. Contempt. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. MOUNTAIN JUDICIAL CIRCUITCERTAIN TERMS OF COURT CHANGED. No. 495 (Senate Bill No. 153) An Act to amend an Act creating the Mountain Judicial Circuit, approved February 7, 1949 (Ga. L. 1949, p. 266), as amended, particularly by an Act approved March 7, 1957 (Ga. L. 1957, p. 272), an Act approved March 24, 1965 (Ga. L. 1965, p. 257), an Act approved March 28, 1967 (Ga. L. 1967, p. 142), an Act approved March 20, 1970 (Ga. L. 1970, p. 476), and an Act approved April 10, 1971 (Ga. L. 1971, p. 680), so as to change the terms of court for certain counties comprising said circuit; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Mountain Judicial Circuit approved February 7, 1949 (Ga. L. 1949, p. 266), as amended particularly by an Act approved March 7, 1957 (Ga. L. 1957, p. 272), an Act approved March 24, 1965 (Ga. L. 1965, p. 257), an Act approved March 28, 1967 (Ga. L. 1967, p. 142), an Act approved March 20, 1970 (Ga. L. 1970, p. 476), and an Act approved April 10, 1971 (Ga. L. 1971, p. 680), is hereby amended by striking Section 2 in its entirety and substituting in lieu thereof a new section 2 to read as follows:

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Section 2. The terms of court for said counties shall be regularly held as follows: Terms. Habersham: The first Monday in January; the fourth Monday in April; and the first Monday in August. Rabun: The third Monday in February; the fourth Monday in May; and the fourth Monday in October. Stephens: The second Monday in January; the third Monday in May; and the first Monday in September. Towns: The fourth Monday in February; and the second Monday in September. Union: The first Monday in April; and the first Monday in November. That the grand juries of the counties of this circuit shall convene as follows: Habersham: The first Monday in January; and the first Monday in August. Rabun: The third Monday in February; and the fourth Monday in October. Stephens: The second Monday in January; and the first Monday in September. Towns: The fourth Monday in February; and the second Monday in September. Union: The first Monday in April; and the first Monday in November. And whenever, in the opinion of the judge of said courts, it is expedient or necessary to have a Grand Jury, he may, in his discretion, draw, call and empanel a Grand Jury for services at any terms of court. Section 3. This Act shall become effective upon its approval by the Governor or upon its otherwise becoming law without approval. Effective date.

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Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Legislation. Notice is hereby given that Legislation will be introduced at the 1975 Session of the Georgia General Assembly to revise the Terms of Superior Court of the Mountain Judicial Circuit consisting of Habersham, Stephens, Rabun, Towns and Union Counties, and for other purposes connected with the operation of the Superior Courts. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John C. Foster who, on oath, deposes and says that he is Senator from the 50th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the North Georgia News which is the official organ of Union County, on the following dates: December 19, 26, 1974 and January 2, 1975. John C. Foster Senator, 50th District Sworn to and subscribed before me, this 23rd day of January, 1975. /s/ Alice E. Enright Notary Public, Georgia State at Large. My Commission Expires April 2, 1978. Notice is hereby given that legislation will be introduced at the 1975 session of the Georgia General Assembly to revise the terms of Superior Court of the Mountain Judicial Circuit consisting of Habersham, Stephens, Rabun, Towns and Union counties, and for other purposes connected with the operation of the Superior Courts. Jack N. Gunter, Judge Mountain Judicial Circuit Superior Courts

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John C. Foster who, on oath, deposes and says that he is Senator from the 50th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Tri-County Advertiser which is the official organ of Habersham County, on the following dates: December 19, 26, 1974 and January 2, 1975. John C. Foster Senator, 50th District Sworn to and subscribed before me, this 23rd day of January, 1975. /s/ Alice E. Enright Notary Public, Georgia State at Large. My Commission Expires April 2, 1978. Notice Notice is hereby given that legislation will be introduced at the 1975 session of the Georgia General Assembly to revise the terms of Superior Court of the Mountain Judicial Circuit consisting of Habersham, Stephens, Rabun, Towns and Union counties, and for other purposes connected with the operation of the Superior Courts. Jack N. Gunter, Judge Mountain Judicial Circuit Superior Courts Georgia, Fulton County: Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John C. Foster who, on oath, deposes and says that he is Senator from the 50th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the * * Legal Organ changed as of January 1, 1975. Toccoa

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Record which is the official organ of Stephens County, on the following dates: December 19, 26, 1974 /s/ John C. Foster Senator, 50th District Sworn to and subscribed before me, this 23rd day of January, 1975. /s/ Alice E. Enright Notary Public, Georgia State at Large. My Commission Expires April 2, 1978. Legal Notice Notice is hereby given that legislation will be introduced at the 1975 session of the Georgia General Assembly to revise the terms of superior court of the Mountain Judicial Circuit consisting of Habersham, Stephens, Rabun, Towns and Union Counties and for other purposes connected with the operation of the superior courts. Jack N. Gunter, Judge Mountain Judicial Circuit Superior Courts Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John C. Foster who, on oath, deposes and says that he is Senator from the 50th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Piedmont Herald which is the official organ of Stephens County, on the following dates: January 9, 1975. /s/ John C. Foster Senator, 50th District

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Sworn to and subscribed before me, this 23rd day of January 1975. /s/ Alice E. Enright Notary Public, Georgia State at Large. My Commission Expires April 2, 1978. Notice is hereby given that Legislation will be introduced at the 1975 session of the Georgia General Assembly to revise the terms of superior court of the Mountain Judicial Circuit consisting of Habersham, Stephens, Rabun, Towns and Union Counties, and for other purposes connected with the operation of the Superior Courts. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John C. Foster who, on oath, deposes and says that he is Senator from the 50th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Towns County Herald which is the official organ of Towns County, on the following dates: December 20, 27, 1974 and January 3, 1975. /s/ John C. Foster Senator, 50th District Sworn to and subscribed before me, this 23rd day of January 1975. /s/ Alice E. Enright Notary Public, Georgia State at Large My Commission Expires April 2, 1978. Notice Notice is hereby given that legislation will be introduced at the 1975 Session of the Georgia General Assembly to revise the terms of Superior Court of the Mountain Judicial Circuit consisting of Habersham, Stephens, Rabun, Towns

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and Union counties, and for the other purposes connected with the operation of the Superior Courts. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John C. Foster who, on oath, deposes and says that he is Senator from the 50th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Clayton Tribune which is the official organ of Rabun County, on the following dates: December 19, 26, 1974 and January 2, 1975. /s/ John C. Foster Senator, 50th District Sworn to and subscribed before me, this 23rd day of January, 1975. /s/ Alice E. Enright Notary Public, Georgia State at Large. My Commission Expires April 2, 1978. Approved April 18, 1975. AREA PLANNING AND DEVELOPMENT COMMISSIONS MAY PURCHASE THROUGH STATE, ETC. No. 496 (Senate Bill No. 157). An Act to authorize the Department of Administrative Services to permit Area Planning and Development Commissions to make purchases through the State and to issue purchase orders for Area Planning and Development Commissions; to authorize Area Planning and Development Commissions to purchase stocks from the Central Supply System operated by the Department of Administrative Services; to authorize Area Planning and Development Commissions to receive directly from the Department of Administrative Services personal property

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declared surplus by the State; to authorize Area Planning and Development Commissions to purchase from Statewide term contracts and price agreements established by the Department of Administrative Services; 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 Department of Administrative Services is hereby authorized to permit Area Planning and Development Commissions, on an optional basis, to purchase their motor vehicles, material, equipment, services and supplies through the State and to issue purchases orders for Area Planning and Development Commissions for motor vehicles, material, equipment, services and supplies. Section 2. The Area Planning and Development Commissions of this State are hereby authorized to purchase stocks from the State's Central Supply System operated by the Department of Administrative Services. Section 3. The Area Planning and Development Commissions of this State are hereby authorized to receive directly from the Department of Administrative Services personal property declared surplus by the State. Section 4. The Area Planning and Development Commissions of this State are hereby authorized to purchase from Statewide term contracts and price agreements established by the Department of Administrative Services. Section 5. The Director of the Department of Administrative Services shall prescribe regulations necessary for implementation of the provisions of this Act and is authorized to establish minimum standards and uniform standard specifications and procedures for the purchase and distribution of motor vehicles, material, equipment, services and supplies for the Area Planning and Development Commissions of this State. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975.

Page 737

CLINICAL LABORATORIESDIRECTORS PROVIDED, ETC. No. 497 (Senate Bill No. 161). An Act to amend an Act providing for the control and operation of Clinical Laboratories, approved March 20, 1970 (Ga. L. 1970, p. 531), as amended by an Act approved March 29, 1971 (Ga. L. 1971, p. 247), and Acts approved April 7, 1972 (Ga. L. 1972, p. 1247 and p. 1257), so as to delete therefrom that portion which exempts clinical laboratories operated for performance of premarital serologic tests for syphilis, to increase from two (2) to three (3) the number of laboratories which one licensed director can direct at any given time, and to provide for acceptance by the State, on an alternate year basis, of certain national inspection programs when the laboratory has been found to have met all requirements on the previous year's inspection by State personnel; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for control and operation of Clinical Laboratories, approved March 20, 1970 (Ga. L. 1970, p. 531), as amended by an Act approved March 29, 1971 (Ga. L. 1971, p. 247), and Acts approved April 7, 1972 (Ga. L. 1972, p. 1247 and p. 1257), is hereby amended by deleting section 1 in its entirety and inserting in lieu thereof a new section 1, to read as follows: Section 1. This Act shall not apply to clinical laboratories which are: Exemptions. (a) operated by the United States Government; or (b) operated and maintained exclusively for research and teaching purposes, involving no patient or public health services; or (c) operated and maintained as part of a hospital regulated and licensed by the Department of Human Resources

Page 738

at any period of time during which the Department, as part of its licensure and regulation of such hospital, imposes upon the medical laboratory involved the same standards of administration, performance, and operation as are imposed by this Act upon medical laboratories covered herein. In such cases and under such conditions, licensure of the hospital involved constitutes licensure of the hospital laboratory. (d) operated by duly licensed physicians exclusively in connection with the diagnosis and treatment of their own patients. Section 2. Said Act is further amended by deleting in its entirety subsection (e) of section 4 and inserting in lieu thereof a new subsection (e) of section 4, to read as follows: (e) Each clinical laboratory shall have a licensed director. An individual shall be permitted to direct no more than three clinical laboratories. No individual shall function as a director of a clinical laboratory unless he is a physician licensed to practice medicine and surgery pursuant to Chapter 84-9 of the Code of Georgia; provided, however, that the Director of a Clinical Laboratory restricting its practice to dental pathology may be either a physician licensed to practice medicine and surgery or a dentist licensed to practice dentistry; provided, further, that the Board may promulgate rules and regulations which authorize persons who possess doctorate degrees in biology, microbiology, and related fields, to be directors of clinical laboratories when the proper circumstances and qualifications are present. Director. Section 3. Said Act is further hereby amended by deleting subsection (a) of section 7 and inserting in lieu thereof a new subsection (a) of section 7, to read as follows: (a) The Department shall make periodic inspections of every clinical laboratory, at its discretion, but in no case less often than once in each year. For the purpose of this subsection, the employees or agents of the Department shall have the right of entry into the premises of the laboratory during normal hours of operation. Provided, however, that

Page 739

at its discretion the Department may accept on an alternate year basis, the inspection reports of certain national inspection programs when a given laboratory has been found on the previous year's inspection by State personnel to have met all requirements of the law and applicable rules and regulations. Inspections. Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. MEDICAL REVIEW COMMITTEERECORDS DEEMED CONFIDENTIAL, ETC. No. 498 (Senate Bill No. 164). An Act to provide that the records and proceedings of any hospital medical review committee, peer review committee, medical organization committee or extended care facility committee shall be confidential; to provide that no monetary liability shall arise as a result of any act or proceeding performed within the scope of the functions of any such committee; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. As used in this Act, the term medical review committee or committee shall mean a committee of a state or local professional society or of a medical staff or a licensed hospital, nursing home, medical foundation or peer review committee, provided the medical staff operates pursuant to written bylaws that have been approved by the governing board of the hospital or nursing home, which is formed to evaluate and improve the quality of health care rendered by providers of health service or to determine that

Page 740

health services rendered were professionally indicated or were performed in compliance with the applicable standard of care or that the cost of health care rendered was considered reasonable by the providers of professional health services in the area. Medical review committee defined. Section 2. There shall be no monetary liability on the part of, and no cause of action for damages shall arise against, any member of a duly appointed medical review committee for any act or proceeding undertaken or performed within the scope of the functions of any such committee if the committee member acts without malice or fraud. This immunity shall apply only to actions by providers of health services, and in no way shall this section render any medical review committee immune from any action in tort or contract brought by a patient or his successors or assigns. The provisions of this section do not affect the official immunity of an officer or employee of a public corporation. Section 3. Section 2 of this Act shall not be construed to confer immunity from liability on any professional society or hospital or upon any health professional while performing services other than as a member of a medical review committee. In any case in which, but for the enactment of the preceding provisions of this Act, a cause of action would arise against a hospital, professional society, or any individual health professional, such cause of action shall exist as if the preceding provisions had not been enacted. Section 4. The proceedings and records of committees as described in the foregoing provisions of this Act, shall not be subject to discovery or introduction into evidence in any civil action against a provider of professional health services arising out of the matters which are the subject of evaluation and review by such committee, and no person who was in attendance at a meeting of such committee shall be permitted or required to testify in any such civil action as to any evidence or other matters produced or presented during the proceedings of such committee or as to any findings, recommendations, evaluations, opinions, or other actions of such committee or any members thereof. However, information,

Page 741

documents, or records otherwise available from original sources are not to be construed as immune from discovery or use in any such civil action merely because they were presented during proceedings of such committee, nor should any person who testifies before such committee or who is a member of such committee be prevented from testifying as to matters within his knowledge, but the said witness cannot be asked about his testimony before such a committee or opinions formed by him as a result of said committee hearings. Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. STATE LIBRARYPROVISIONS CHANGED. Code Chapters 90-2, 101-1, 101-2 Amended. Code Chapter 101-3 repealed. No. 499 (Senate Bill No. 175). An Act to provide for the more efficient and economical handling of the affairs of the State Library by amending an Act approved March 10, 1971 (Ga. L. 1971, p. 45), relating to the State Personnel Board and the State System of Personnel Administration, so as to exclude all State Library personnel from coverage under the State Merit System; by amending Chapters 101-1 and 101-2 of Title 101 State Librarian of the Code of Ga. of 1933, as amended, so as to provide for definition of terms, for the maintenance of the State Library at the seat of State government, for the days and hours during which the library shall be open, for the appointment and removal of the State Librarian and library employees and for their duties, compensation and retirement benefits, for authority in the State Librarian in specified circumstances to sell, transfer, destroy or otherwise dispose of

Page 742

particular library holdings, for reports to the legislature to be furnished the State Library by certain State officers, for distribution of public documents to certain public institutions, for the maintenance of a program with other states and foreign governments, for exchange of court reports and other government publications and for procedures in connection therewith; by repealing Chapter 101.3 Legislative Reference Department of Title 101 of the Code of Georgia of 1933, as amended; by amending Chapter 90-2 Reports of the Supreme Court and Court of Appeals of Title 90 of the Code of Georgia of 1933, as amended, so as to provide for distribution of court reports by the State Reporter and for procedures in connection therewith; and by providing for declaration of the sense of the General Assembly respecting certain of the foregoing amendments; also to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act approved March 10, 1971 (Ga. L. 1971, p. 45), relating to the State Personnel Board and the State System of Personnel Administration, is hereby amended by renumbering paragraph numbered (22) of subsection (b) of section I thereof to paragraph numbered (23) and inserting a new paragraph numbered (22) so that when so amended new paragraph numbered (22) and paragraph numbered (23) shall read as follows: (22) The State Librarian and all employees in the State Library. (23) Additional positions as may be authorized by the rules and regulations of the State Personnel Board. Section 2. Chapter 101-1 of Title 101 State Librarian of the Code of Georgia of 1933, as amended, is hereby amended by striking said Chapter in its entirety and substituting in lieu thereof a new Chapter 101-1 of Title 101 State Librarian, to read as follows:

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CHAPTER 101. IN GENERAL. Section 101-101. Terms defined. For the purpose of Title 101 of the Code of Georgia of 1933, as amended, the following words as used therein, unless the context thereof clearly indicates otherwise, shall be construed to have the following meanings: a. Librarian shall mean the State Librarian whose duties are set forth herein and in Georgia Code Chapter 101-2, as amended. b. Library shall mean the State Library provided for in this Chapter. c. Public documents shall mean the reports, bulletins and other publications of the several State departments and institutions of the Executive Branch of Government, exclusive of the reports of the Supreme Court and the Court of Appeals, the journals of the House and the Senate, and the session laws enacted by the General Assembly of Georgia. d. Reports or court reports shall mean the bound volumes of the official reports of the decisions of the Supreme Court and of the Court of Appeals, and as the word reports is further defined in subsection b. of Code section 90-201, as amended. e. Journals shall mean the bound volumes of the journals of the House and the Senate. f. Laws shall mean the bound volumes of the Georgia session laws. g. Publisher shall mean the State Publisher as defined in subsection c. of Code section 90-201, as amended. h. Reporter shall mean the Reporter of the Supreme Court and Court of Appeals as defined in subsection a. of Code section 90-201, as amended.

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Section 101-102. Library; incorporated into and maintained as division of State Law Department; located at seat of State government under supervision of Attorney General; when open. The library is hereby incorporated into and made a division of the State Law Department. The Attorney General shall keep and maintain under his supervision the library which shall be located in a building at the seat of State government and which shall be open to the general public Mondays through Fridays during the hours of 9:00 A.M. to 4:00 P.M., legally prevailing time, legal holidays excepted. The Attorney General shall have authority to provide for the library to be opened during such additional days and hours as he deems either necessary or proper. Section 101-103. Librarian and library employees; employment, term, qualifications, compensation, removal, retirement benefits. The Attorney General shall appoint a librarian for such periods of time as he deems advisable. The librarian so appointed shall be a duly certified librarian, according to the provisions of Code Chapter 84-22 and of rules and regulations pursuant thereto, or an attorney-at-law. The librarian shall be responsible to the Attorney General and shall furnish such information and reports as the Attorney General shall require. The Attorney General shall appoint such library employees for such periods of time as he shall deem necessary for the proper functioning of the library. The Attorney General shall set the compensation of the librarian and all library employees, all of whom shall be removable by the appointing authority. The librarian and library employees shall be employees of the State Law Department and shall be covered as such by the Employees' Retirement System of Georgia. Section 101-104. Same; duties; gifts to library. The librarian shall keep in sound condition all books and other library materials entrusted to his care and custody, he shall prepare and maintain an index to such books and materials which shall be revised without unnecessary delay from time to time, as the circumstances may require. The librarian is authorized to accept in behalf of the State gifts of books and other library materials.

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Section 101-105. Same; disposition of books and other library materials. The librarian may transfer books and other library holidays of archival quality, including the public documents, reports, journals and laws defined in Section 101-101, to the State Archives. Books, public documents and other library holdings which have become obsolete or surplus to the needs of the library, and defective or worn out volumes of the reports, journals and laws may, as the circumstances warrant, be either sold, destroyed or otherwise disposed of by the librarian with the approval in writing of the Attorney General. Section 3. Chapter 101-2 of Title 101 State Librarian of the Code of Georgia of 1933, as amended, is hereby amended by striking said Chapter in its entirety and substituting in lieu thereof a new Chapter 101-2 of Title 101 State Librarian, to read as follows: CHAPTER 101-2. DUTIES, DISTRIBUTION OF LAWS, ETC. Section 101-201. Reports of certain officers to be filed with librarian. The Governor and all of the officers who are, or may be, required to make reports to the General Assembly, shall furnish the librarian with at least three copies of each of said reports, and he shall have one copy of each report bound and preserved in the library for public use, the remaining copies to be held in reserve. Section 101-202. State institutions, public libraries, and public schools to be supplied. Such of the State institutions, public libraries and public schools of Georgia, and such other institutions of learning as maintain libraries and desire to receive them, shall be supplied free of charge by the librarian with copies of public documents when available. Section 101-203. Librarian as exchange officer. The librarian shall be the exchange officer of Georgia for the purpose of a regular exchange between this and other states of public documents, and the several state departments and institutions are required to deposit with the librarian for that purpose at least 50 copies of each of their public documents.

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The Attorney General, at his discretion, may order the librarian to exchange copies of public documents, court reports, journals of the House and of the Senate, and Georgia session laws with the proper authorities of foreign governments on whatever basis he deems advisable and in the public interest. Section 101-204. Exchange of court reports with other states. The librarian shall establish and maintain with other states, through the proper authorities, the exchange of copies of reports for the reports of their appellate tribunals. Section 101-205. Distribution and sale of copies of laws and journals; procedures in connection therewith. The librarian shall make distribution of the bound volumes of laws and journals. Volumes distributed to Members of the General Assembly, to libraries, to institutions of learning, or to agencies outside the State of Georgia shall become the property of the recipient. All volumes distributed within the State of Georgia to the State or to any of its subordinate departments, agencies, or political subdivisions, or to public officers or to public employees within the State, other than Members of the General Assembly, shall be the property of the appropriate public officer or employee during his term of office or employment, shall be turned over to his successor, and the librarian shall take and retain a receipt from each such public officer or employee acknowledging this fact. The librarian shall at all times use the most economical method of shipment consistent with the safety and security of the volumes. The librarian shall make the following distributions: a. Georgia Session Laws Administrative Office of the Courts one set Court of Appeals, Georgia (which number may be increased upon written order from the Chief Judge to the librarian.) 13 sets Clerk, House of Representatives five sets General Assembly (each member) one set General Assembly Fiscal Officer one set House Judiciary Committee one set Georgia Institute of Technology one set House Majority Leader one set House Minority Leader one set Law Department, State (other than State Library) (which number may be increased upon written order of the Attorney General.) 31 sets Legislative Budget Analyst one set Legislative Counsel (which number may be increased upon written order of the Legislative Counsel.) 15 sets Library, State Exchange Program: Each foreign government authority participating one set Each State participating one set Shelving two sets Newly created superior court circuits or judgeships. Whenever a new superior court circuit or a new judgeship within a circuit shall be created, if the officer entitled to session laws shall notify the librarian in writing of his assumption of office, the librarian shall add his position to those to receive future laws. Order laws may also be supplied, where available, at the discretion of the Attorney General. as appropriate Judge of the Probate Court (each county) The three sets shall be distributed by the Judge as follows: One set to be retained for his own use; one set to be issued to the county attorney; one set to be placed in the county law library, if any. If no library is maintained, to be retained in the Judge's office for use of the general public. three sets President of Senate Recipients not named herein but named on the librarian's distribution list as of the date of his last distribution of the laws next preceding the effective date of this Act. Librarian, upon receipt of written order from the Attorney General so to do, shall add such of the names as the Attorney General shall direct to his listing of distributees to receive future laws. (each) one set President Pro Tem of Senate one set Secretary of the Senate three sets Secretary of State eight sets Senate Judiciary Committee one set Speaker of the House one set State Departments and agencies needing session laws shall notify the librarian in writing of their needs. Such requests may be filled in whole or in part as may be directed by the Attorney General. as appropriate Superior courts Clerks (each) one set District Attorneys (each) one set Judges (each) one set Supreme Court of Georgia (which number may be increased upon written order from the Chief Justice to the librarian.) 12 sets University of Georgia 52 sets United States Courts Court of Appeals, 5th Circuit one set District Courts, Georgia six sets Supreme Court (which numbers may be enlarged or diminished upon written order from the Attorney General.) one set b. Journals of the House and Senate. Administrative Services, Department of one set Archives, State one set Augusta College one set Clerk, House of Representatives three sets Court of Appeals, Georgia as requested by the Chief Judge General Assembly (each member) one set Georgia Institute of Technology one set Georgia State University one set Historical Society, Georgia one set House Judiciary Committee one set House Majority Leader one set House Minority Leader one set Human Resources, State Department of two sets Law Department, State (other than State Library) (which number may be increased by order of the Attorney General.) two sets Legislative Counsel (which number may be increased upon written order of the Legislative Counsel.) five sets Legislative Fiscal Officer nine sets Library, State Exchange Program: Each foreign government authority participating one set Each State participating one set Shelving two sets Judge of the Probate Court (each county) one set President of Senate one set President Pro Tem of Senate one set Recipients not named herein but named on the librarian's distribution list as of the date of his last distribution of the journals next preceding the effective date of this Act. Librarian, upon receipt of written order from Attorney General so to do, shall add such of the names as the Attorney General shall direct to his listing of distributees to receive future journals. (each) one set Secretary of State two sets Secretary of the Senate four Senate sets and two House sets Senate Judiciary Committee one set Speaker of the House one set State Department and agencies needing House and Senate Journals shall notify the librarian in writing of their needs. Such requests may be filled in whole or in part as may be directed by the Attorney General. as appropriate Supreme Court of Georgia as requested by the Chief Justice. University of Georgia seven sets

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c. The librarian shall receive from the Secretary of State the laws and journals which shall be handled in accordance with this Section. He shall reserve 50 copies each of the laws and of the journals for three years after their receipt by him. After three years he shall hold in reserve 25 copies of each of the laws and journals. Copies of the laws and journals in excess of the required reserve and not needed for purposes of distribution or exchange may be sold by the librarian at a price not less than the actual cost according to information supplied by the Secretary of State. The librarian may add to the price reasonable costs of handling and shipping, and all proceeds of such sales shall be paid to the State. Section 4. Code Chapter 101-3 Legislative Reference Department of Title 101 of the Code of Georgia of 1933, as amended, is hereby repealed. Code Chapter 101-3 repealed. Section 5. Chapter 90-2 Reports of the Supreme Court and Court of Appeals of the Code of Georgia of 1933, as

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amended, is hereby amended by striking section 90-210 thereof in its entirety and inserting in lieu thereof a new Code section 90-210 which shall read as follows: Section 90-210. Distribution of copies of reports; procedures in connection therewith. The Reporter shall make distribution of the reports which shall be handled in accordance with this Section. a. The librarian, upon the effective date of this law, shall furnish the Reporter a written memorandum indicating the number of volumes of each new report which will be required for purposes of the exchange set forth in sections 101-203 and 101-204. The Reporter shall arrange for delivery to exchangees in behalf and in the name of the library of volumes of reports distributed to the librarian for exchange purposes. The librarian shall timely supply the Reporter with shipping labels containing the names and addresses of the exchangees. b. The Reporter shall place all orders for the reports with the Publisher. At any time the librarian adds or eliminates a particular exchange point or determines that the number of copies of either of the reports needs to be changed, he shall notify the Reporter of this fact in writing, and the Reporter shall adjust his orders for new reports accordingly. c. All volumes distributed within the State of Georgia to the State or to any of its subordinate departments, agencies, or political subdivisions, or to public officers or to public employees within the State, other than to the librarian for exchange purposes, shall be the property of the appropriate public officer or employee during his term of office or employment, shall be turned over to his successor, and the Reporter shall take and retain a receipt from each such public officer or employee acknowledging this fact. Volumes distributed to the librarian for exchange purposes but handled for delivery to exchangees by the Reporter in behalf and in the name of the library shall become the property of the recipient. The Reporter shall at all times use the most economical method of shipment consistent with the safety and security of the volumes.

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d. The Reporter shall make distributions of the reports in accordance with the following: Archives, State one copy Comptroller General one copy Court of Appeals, Georgia (which number may be increased upon written order foom the Chief Judge to the Reporter.) 23 copies Crime Commission, State one copy Executive Department, State one copy Georgia Institute of Technology one copy Georgia State University one copy Historical Society, Georgia one copy Human Resources, Department of one copy House Judiciary Committee one copy Labor Department one copy Law Department (other than State Library) (which number may be increased upon written order from the Attorney General.) six copies Legislative Counsel (which number may be increased upon written order of the Legislative Counsel.) one copy Library, State Exchange Program: Each foreign government authority participating one copy Each State participating one copy Shelving two copies Newly created superior court circuits or judgeships. Whenever a new superior court circuit or a new judgeship within a circuit shall be created, if the officer entitled to reports shall notify the Reporter in writing of his assumption of office, the Reporter shall add his position to those to receive reports, and shall supply him with all earlier volumes. as appropriate Judge of the Probate Court (each county) one copy Public Service Commission one copy Recipients not named herein but named on the librarian's distribution list as of the date of his last distribution of the reports next preceding the effective date of this Act. The Reporter is authorized to add such names, in whole or in part, to his listing of distributees to receive future reports. (each) one copy Reporter Assistant Reporter's desk one copy Copyright three copies Reporter's clerical staff one copy Reporter's desk one copy Secretary of State one copy Senate Judiciary Committee one copy Special or emergency circumstances When it shall appear to the Reporter that a worthy State purpose will be served thereby, he may add agencies or officers to the list of recipients of reports; provided that no courts or agencies of a local nature shall be so added to the list. as appropriate Superior Courts Clerks (each) one copy District Attorneys (each) one copy Judges (each) one copy Supreme Court of Georgia (which number may be increased upon written order from the Chief Justice to the Reporter). 18 copies United States Courts Court of Appeals, 5th Circuit one copy District Courts, Georgia four copies University of Georgia Law School Library 25 copies Workmen's Compensation, State Board of six copies

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The Reporter may add additional recipients or additional copies to named recipients upon written order from the Chief Justice of the Supreme Court. Section 6. Chapter 90-2 Reports of the Supreme Court and Court of Appeals of the Code of Georgia of 1933, as amended, is hereby further amended by striking the last two words State Librarian in subsection b. of section 90-211 of said Code Chapter 90-2, and inserting in lieu thereof the word Reporter, so that when so amended subsection b. of section 90-211 shall read as follows: b. The publisher shall produce such number of reports as is ordered by the Reporter and upon completion of printing and binding shall deliver the reports to the Reporter. Code 90-211 amended. Section 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. MOTOR VEHICLESTAMPERING WITH ODOMETER READINGS MADE CRIMINAL, ETC. No. 500 (House Bill No. 4). An Act to make unlawful certain acts in connection with motor vehicle odometer readings; to provide penalties for

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violation; 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) It shall be unlawful for any person knowingly to tamper with, adjust, alter, change, set back, disconnect, or fail to connect, an odometer of a motor vehicle, or to cause any of the foregoing to occur to an odometer of a motor vehicle, so as to reflect a lower mileage than the motor vehicle has actually been driven, except as hereinafter provided. (b) The provisions of subsection (a) shall not apply to the disconnection of the odometer used for registering the mileage or use of new motor vehicles being tested by the manufacturer prior to delivery to a franchised dealer. Section 2. Any person violating the provisions of this Act shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor. Penalty. 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 18, 1975. ATTORNEYSPUNISHMENT FOR UNLAWFUL PRACTICE OF LAW CHANGED. Code 9-9903 Amended. No. 501 (House Bill No. 10). An Act to amend Code section 9-9903, relating to the punishment for the unlawful practice of law, so as to change

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the punishment for the unlawful practice of law; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 9-9903, relating to the punishment for the unlawful practice of law is hereby amended by striking therefrom the following: liable to a fine of not more than $500, and inserting in lieu thereof the following: guilty of a misdemeanor and, upon conviction, shall be punished as for a misdemeanor, so that when so amended, Code section 9-9903 shall read as follows: 9-9903. Punishment for unlawful practice of law. Any person, corporation, or voluntary association violating the provisions of sections 9-402 to 9-405 shall be guilty of a misdemeanor and, upon conviction, shall be punished as for a misdemeanor, and every officer, trustee, director, agent, or employee of such corporation or voluntary association who directly or indirectly engages in any of the acts therein prohibited, or assists such corporation or voluntary association to do such prohibited acts, is guilty of a misdemeanor. The fact that such person shall be a duly and regularly admitted attorney at law shall not be held to permit or allow any such corporation or voluntary association to do the acts therein prohibited, nor shall such fact be a defense upon the trial of any person mentioned therein for a violation of the provisions of those Sections: Provided, nothing herein shall prevent any court having jurisdiction thereof from punishing such corporation or its officers for contempt. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975.

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APPEALSINTERLOCUTORY APPEALS PROVIDED ON PETITION, ETC. No. 502 (House Bill No. 13). An Act to amend an Act comprehensively revising appellate and other post trial procedure, approved February 19, 1965 (Ga. L. 1965, p. 18) as amended, so as to provide for interlocutory appeals upon petition to the Supreme Court or Court of Appeals; to prescribe the procedure for such appeals; to amend an Act comprehensively and exhaustively revising, superseding, and modernizing pretrial, trial and certain post trial procedure in civil cases, known as the Georgia Civil Practice Act, approved March 18, 1966 (Ga. L. 1966, p. 609), as amended, so as to provide that an order granting summary judgment on any issue or as to any party shall be subject to review by appeal; to provide that an order denying summary judgment shall be subject to review by direct appeal in accordance with the provisions of section 1 (a) (2) of the Act comprehensively and exhaustively revising appellate and other post trial procedures, approved February 19, 1965 (Ga. L. 1965, p. 18), as amended; 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 comprehensively revising appellate and other post trial procedure, approved February 19, 1965 (Ga. L. 1965, p. 18), as amended, is hereby amended by striking paragraph (2) of section 1(a), which reads as follows: (2) Where the trial judge in rendering an order, decision or judgment not otherwise subject to direct appeal, certifies within ten (10) days of entry thereof that such order, decision or judgment is of such importance to the case that immediate review should be had; in its entirety, and inserting in lieu thereof a new paragraph (2), to read as follows:

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(2) (A). Where the trial judge in rendering an order, decision or judgment not otherwise subject to direct appeal, certifies within ten (10) days of entry thereof that such order, decision or judgment is of such importance to the case that immediate review should be had, the Supreme Court or Court of Appeals may thereupon, in their respective discretions, permit an appeal to be taken from such order, decision or judgment, if application is made thereto within ten (10) days after such certificate is granted. (B). Such applications shall be in the nature of a petition and shall set forth the need for such an appeal and the issue or issues involved therein. The applicant may, at his election, include copies of such parts of the record as he deems appropriate, but no certification of such copies by the clerk of the trial court shall be necessary. Such application shall be filed with the Clerk of the Supreme Court or Court of Appeals and a copy of such application, together with a list of those parts of the record included with the application, shall be served upon the opposing party or parties in the case in the manner prescribed by section 18 of this Act, except that such service shall be perfected at or before the filing of the application. Said opposing party or parties shall have ten (10) days from the date on which the application is filed in which to file a response. The response may be accompanied by copies of the record in the same manner as is allowed with the application. The Supreme Court or Court of Appeals shall issue an order granting or denying such an appeal within fifteen (15) days of the date on which the response of the opposing party or parties is filed with such court or within twenty-five (25) days of the date on which the application was filed in the event that no response is filed. Within ten (10) days after an order is issued granting such appeal, the applicant, to secure a review of the issues, may file a notice of appeal as provided in section 4 of this Act. Such notice of appeal shall act as a supersedeas as provided in section 8 of this Act and the procedure thereafter shall be the same as in an appeal from a final judgment. Section 2. Said Act is further amended by striking paragraph (4) of section 1(a), which reads as follows:

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(4) Review of orders and judgments with respect to motions for summary judgment shall be governed by section 56 (h), as amended, of the Georgia Civil Practice Act, approved March 18, 1966 (Ga. L. 1966, p. 609), as amended., in its entirety. Section 3. An Act comprehensively and exhaustively revising, superseding, and modernizing pretrial, trial and certain post trial procedure in civil cases, known as the Georgia Civil Practice Act, approved March 18, 1966 (Ga. L. 1966, p. 609), as amended, is hereby amended by striking subsection (h) of section 56, which reads as follows: (h) Appeal. An order granting summary judgment on any issue, or as to any party, shall be subject to review by appeal; but an order denying summary judgment is not subject to review by direct appeal or otherwise, unless within ten (10) days of the order of denial, the trial judge certifies that the order denying summary judgment as to any issue, or as to any party should be subject to review, in which case such order shall be subject to review by direct appeal., in its entirety, and inserting in lieu thereof a new subsection (h), to read as follows: h. Appeal. An order granting summary judgment on any issue or as to any party shall be subject to review by appeal. An order denying summary judgment shall be subject to review by direct appeal in accordance with the provisions of section 1(a) (2) of the Act comprehensively and exhaustively revising appellate and other post trial procedures, approved February 19, 1965 (Ga. L. 1965, p. 18), as amended. Section 4. The provisions of this Act shall become effective on July 1, 1975, and shall apply to all orders, decisions, or judgments rendered by a trial judge on or after said date. Effective date. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975.

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FLINT JUDICIAL CIRCUITADDITIONAL JUDGE PROVIDED, ETC. No. 503 (House Bill No. 19). An Act to add one additional judge of the Superior Courts of the Flint Judicial Circuit of Georgia; to provide for the appointment of the initial additional judge and his term of office; to provide for the subsequent election and term of office of said judge; to fix a time at which he shall begin his term of office; to require candidates for such judgeships to designate the places for which they are running; to prescribe the powers, duties, jurisdiction, privileges and immunities of said judge; to provide for a chief judge and to prescribe his powers, duties and privileges; to prescribe the compensation, salary and expense allowance of said judge to be paid by the State of Georgia; to provide for the issuance of official papers and before whom heard; to provide the manner of drawing and empanelling jurors; to provide for an additional court reporter; to authorize the governing authority of each county comprising the Flint 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, one additional judge of the Superior Courts of the Flint Judicial Circuit of Georgia is hereby added, thereby increasing to two the number of judges of the superior courts for said circuit. Section 2. The additional judge provided for herein shall be appointed by the Governor and, when so appointed, shall serve for an initial term of office ending on January 1, 1977, and a successor shall be elected at the November general election in 1976 for a full term of four years beginning January 1, 1977, and until his successor is duly elected and qualified. The judge shall be elected as provided by law in all subsequent elections. Appointment.

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Section 3. Every person who shall offer for nomination and election as one of the judges of the Superior Courts of the Flint Judicial Circuit of Georgia shall designate with the local party authority in all primaries and with the proper authority in all general elections the specific judgeship for which he is offering as a candidate by naming the incumbent judge whom he desires to succeed and thereupon he shall be qualified, if otherwise qualified to offer as a candidate 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 offer as a candidate for the office for which there is no incumbent. Section 4. The additional judge of the Superior Courts of the Flint Judicial Circuit of Georgia shall have and may exercise all powers, duties, dignities, 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 judge of said courts, senior in length of continuous service as a superior court judge, shall be the chief judge of the Flint Judicial Circuit. Such chief judge shall be responsible for the administration and the expeditious disposition of the business of the superior courts of said circuit, both civil and criminal, and shall have power to make such rules as he shall deem necessary or proper for such purpose but not in conflict with the general laws of this State, which rules, when approved by said chief judge and filed in the offices of each of the clerks of the superior courts of the counties comprising the Flint Judicial Circuit, shall be binding upon the other judge or judges of said circuit. He shall be vested with the power to make all appointments whenever the law provides for the superior court judge to make appointments. Such chief judge may by published rule, or from time to time by order, allocate the jurisdiction and powers of the superior courts of said circuit and the duties of the judges thereof; may assign to the other judge or judges of said circuit such of the business

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of said circuit as he shall deem appropriate; may make and published calendars, civil and criminal; may require reports from the clerks of court of said circuit and the other judge or judges of said circuit relative to business of the courts; and generally shall supervise and direct the disposition of all business, civil and criminal, of said courts. Chief judge. Section 6. The compensation, salary and expense allowance of said additional judge of the Superior Courts of the Flint Judicial Circuit of Georgia shall be the same as that provided by the State of Georgia for other judges of the superior courts of Georgia. Salary. Section 7. All writs, processes, orders, subpoenas and any other official papers issuing out of the Superior Courts of the Flint Judicial Circuit may bear teste in the name of either judge of said Flint Judicial Circuit. When issued by and in the name of either judge of said circuit, they shall be fully valid and may be determined before either judge in the regular course of business of said courts. Any judge of said courts may preside over any cause therein and perform any official act as judge thereof. 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 the circuit. Either of said judges shall have full power and authority to draw and empanel jurors for service in said courts so as to have jurors for the trial of cases before either of said judges separately, or before each of them at the same time. Jurors. Section 9. The chief judge of the Flint Judicial Circuit shall be authorized and empowered to employ an additional court reporter for such duties and for such compensation as he sees fit up to and including, but not exceeding, the remuneration of the present court reporter of the Flint Judicial Circuit as the same is now fixed or may hereafter be fixed by law. In the employment of said court reporter, the additional judge shall have the right to select and approve the individual to fill said position, and said court reporter shall be assigned to the additional judge. However, the chief judge, under the provisions of section 5 hereof,

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shall be empowered to temporarily assign said court reporter to other duties in order to equalize the work load and when the business of the courts shall require the same. Court reporter. Section 10. Upon request of the chief judge, the board of commissioners of each county comprising the Flint Judicial Circuit is hereby authorized to furnish all judges of said courts 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 courts. All of the expenditures authorized herein are hereby declared to be an expense of court and payable out of each 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. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. MOTOR VEHICLESCERTAIN SUSPENSION SYSTEM ALTERATION AND USE MADE CRIMINAL. No. 504 (House Bill No. 20). An Act to amend an Act making it unlawful to alter the suspension system of any private passenger motor vehicle, approved April 13, 1973 (Ga. L. 1973, p. 458), so as to provide that it shall be unlawful to operate any private passenger motor vehicle upon any highway, roadway or street if the suspension system of such vehicle has been altered more than two inches above or below the factory recommendation for such vehicle; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. An Act making it unlawful to alter the suspension system of any private passenger motor vehicle, approved April 13, 1973 (Ga. L. 1973, p. 458), is hereby amended by adding, following section 1, a new Section 1A, to read as follows: Section 1A. It shall be unlawful to operate any private passenger motor vehicle upon any highway, roadway or street if the suspension system of such vehicle has been altered more than two inches above or below the factory recommendation for such vehicle. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. WILLSPROBATE IN SOLEMN FORM CHANGED. Code 113-602 Amended. No. 505 (House Bill No. 21). An Act to amend Code section 113-602, relating to the probate of a will in solemn form, as amended, so as to provide that probate in solemn form may be had by the proving of the will by one witness if no caveat is filed; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 113-602, relating to the probate of a will in solemn form, as amended, is hereby amended by adding at the end of the first sentence of said Code section the following: ; provided, that only one witness shall be required to prove the will for probate in solemn form if no caveat is filed,

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so that when so amended, Code section 113-602 shall read as follows: 113-602. Probate by the witnesses, or probate in solemn form is the proving of the will, after due notice to all the heirs at law, by all witnesses in life and within the jurisdiction of the court, or by proof of their signatures and that of the testator, if the witnesses are dead, blind, incompetent or inaccessible, and the ordering to record of the will so proved; provided, that only one witness shall be required to prove the will for probate in solemn form if no caveat is filed. Such probate is conclusive upon all the parties notified, and all devisees and legatees under the will who are represented in the executor, provided, however, as to heirs at law not effectively notified, probate in solemn form shall be conclusive as if probate had been in common form. The petition to probate a will in solemn form shall be verified by the oath of the applicant, and shall set forth the full name, place of domicile, the legal residence, the date of the death of the testator, the post office address of the petitioner, and the names, ages and addresses of the surviving spouse and of all the heirs at law, stating their relationship to the testator, and in the event full particulars are lacking, the petition shall state the reasons for any such omission. Every such petition shall conclude with a prayer for the issuance of letters testamentary, and if all of the heirs at law are sui juris and shall acknowledge service of the petition and notice, and shall in such acknowledgment assent thereto, the will may be admitted to record on proper proof, and letters may thereupon issue without further delay whether in term or vacation. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975.

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HEALTHTREATMENT OF ALCOHOLICS ACTEFFECTIVE DATE CHANGED. No. 506 (House Bill No. 27). An Act to amend an Act providing for the comprehensive treatment of alcoholism and intoxicating, approved March 18, 1974 (Ga. L. 1974, p. 200), so as to change the date on which the provisions of said Act become effective; to provide an effective date for this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the comprehensive treatment of alcoholism and intoxication, approved March 18, 1974 (Ga. L. 1974, p. 200), is hereby amended by striking section 23 in its entirety and inserting in lieu thereof a new section 24 to read as follows: Section 23. Effective Date. This Act shall become effective on July 1, 1976. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. DEPARTMENT OF LABORCERTAIN SUPPLEMENTAL APPROPRIATION PROVIDED. No. 507 (House Bill No. 29). An Act to provide for the Department of Labor a supplemental appropriation, pursuant to and in accordance with

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provisions of sections 9 and 13 of the Employment Security Law, as amended, of additional funds which are otherwise available to the Department of Labor of Georgia out of funds credited to and held in this State's account in the Unemployment Trust Fund by the Secretary of the Treasury of the United States of America pursuant to Section 903 of the Social Security Act, as amended, for the purpose of providing for the payment of expenses of administration of the Employment Security Law, as amended, including personal services, operating and other expenses incurred in the administration of said law, as well as for the procurement, through purchase or rental, either or both, of offices, lands, buildings, or parts of buildings, fixtures, furnishings, equipment, supplies, and the construction of buildings or parts of buildings, suitable for use in this State by the Employment Security Agency in said Department of Labor, and for the payment of expenses incurred for the construction, maintenance, improvements, or repair of, or alterations to, such real or personal property; to authorize the Commissioner of Labor of Georgia to direct the obligation and expenditure of said funds and to employ workers, contract with persons, public and private agencies, corporations, and other entities, and to do all other things necessary to accomplish the purposes of this Act; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby appropriated to the Department of Labor out of funds credited to and held in this State's account in the Unemployment Trust Fund by the Secretary of the Treasury of the United States pursuant to and in accordance with section 903 of the Social Security Act, as amended, an additional amount of $600,000.00. That of said additional amount, the sum of $600,000.00 is authorized to be allocated for expenses incurred in the administration of the Employment Security Law, as amended, including personal services, operating and other expenses incurred in the administration of said law, as well

Page 768

as for the purchase or rental, either or both, of improvements, repairs, or alterations to and of offices, lands, buildings, or parts of buildings, fixtures, furnishings, equipment, supplies, and the construction of buildings or parts of buildings, suitable for use in this State by the Employment Security Agency in said Department of Labor, and for the payment of expenses incurred for the acquisition, purchase, rental, construction, maintenance, improvements, repairs or alterations of and to such real or personal property. Provided, that the amount appropriated herein does not exceed the amount in the Unemployment Trust Fund which may be obligated for expenditure for such purposes as provided in section 9 of the Employment Security Law, as amended; and provided that the amount which may be obligated shall not exceed the limitations provided in section 9(c) (3) of the Employment Security Law, as amended; and provided that said additional funds shall not be obligated for expenditure, as herein provided, after the close of the two-year period which begins on the date of enactment of this Act. Section 2. The Commissioner of Labor is authorized, pursuant to and in accordance with section 903 of the Social Security Act, as amended, to requisition, and to direct the obligation and expenditure, for use in such locations in this State as he finds to be economical and desirable, such money as authorized in this Act and in sections 9 and 13 of the Employment Security Law, as amended, and in the manner and for the purposes authorized in this Act, including personal services, operating and other expenses incurred in the administration of said law, as well as for the procurement, through purchase or rental, either or both, of offices, lands, buildings or parts of buildings, fixtures, furnishings, equipment, supplies, and the construction of buildings or parts of buildings, suitable for use by the Employment Security Agency in said Department of Labor, for the payment of expenses incurred for the construction, maintenance, improvements, or repair of, or alterations, to such real or personal property, to employ workers, contract with persons, public and private agencies, corporations, and other entities, to allocate any unexpended amounts herein appropriated,

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and to do all other things necessary to accomplish the purposes of this Act. The acquisition of any real or personal property, and the expenditure of any funds appropriated herein, shall be in accordance with this State's applicable laws existing on the effective date of this Act. Section 3. If any provision of this Act or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application. Severability. Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. ELECTIONSCERTAIN CITIESTIME OF CLOSING POLLS CHANGED (300,000 OR MORE). Code 34A-1204 Amended. No. 508 (House Bill No. 32). An Act to amend Code section 34A-1204, relating to the time for opening and closing polls in municipal primaries and elections, so as to change the time for closing the polls in certain municipalities; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 34A-1204, relating to the time for opening and closing polls in municipal primaries and elections, is hereby amended by adding, following the words, shall be closed, the following:

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; provided, however, that in all cities having a population of 300,000 or more according to the United States Decennial Census of 1970 or any future such census, the polls shall remain open continuously until eight o'clock P.M. local time, at which time they shall be closed, so that when so amended, Code section 34A-1204 shall read as follows: Section 34A-1204. Time for opening and closing polls. At all primaries and elections the polls shall be opened at seven o'clock A.M. local time and shall remain open continuously until seven o'clock P.M. local time, at which time they shall be closed; provided, however, that in all cities having a population of 300,000 or more according to the United States Decennial Census of 1970 or any future such census, the polls shall remain open continuously until eight o'clock P.M. local time, at which time they shall be closed. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. STATE OFFICIALS, ETC.COMPENSATION ACTS MUST BE INTRODUCED AT CERTAIN TIMESFISCAL NOTES PROVIDED. No. 509 (House Bill No. 39). An Act to amend an Act providing that any bill making a change in the amount of the compensation or allowances of any elected or appointed State official, department or agency head must be introduced in the General Assembly during the first ten days of any session thereof, approved April 9, 1968 (Ga. L. 1968, p. 1212), so as to provide for fiscal notes evaluating bills changing the salary or allowances of State officials, officers, or department or agency heads; to provide that it shall be the duty of the State Auditor to prepare such fiscal notes; to provide for the practices and procedures in connection with fiscal notes;

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to provide for the printing and distribution of such fiscal notes; 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 that any bill making a change in the amount of the compensation or allowances of any elected or appointed State official, department or agency head must be introduced in the General Assembly during the first ten days of any session thereof, approved April 9, 1968 (Ga. L. 1968, p. 1212), is hereby amended by adding, following section 1, a new section to be designated Section 1A, to read as follows: Section 1A. The chairman of any committee of either House of the General Assembly shall request the State Auditor to prepare and furnish a fiscal note for each bill referred to such committee which would change the compensation or allowances of any elected or appointed State official, officer, or department or agency head. This Section shall apply only if such compensation or allowances are to be paid either wholly or in part from State funds. It shall be the duty of the State Auditor to compile and furnish such fiscal notes as may be requested by the chairman of any committee of either House of the General Assembly. Such fiscal notes shall contain a statement of the present compensation and allowances of the official, officer, or department or agency head, any present longevity increments, and any personal expense allowances, other than mileage and travel expenses, and shall contain a statement of the proposed increase or change in such compensation, allowances or increments with the total cost of such changes. Such fiscal notes shall be printed by the Clerk of the House of Representatives or the Secretary of the Senate and shall be distributed to members of the General Assembly prior to a vote being taken on such bill in either House of the General Assembly. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975.

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CREDITCERTAIN DISCRIMINATION IN EXTENDING CREDIT, ETC. PROHIBITED. No. 510 (House Bill No. 40). An Act to provide that no bank, lending company, financial institution, retail installment seller, or person extending credit may discriminate or provide requirements which discriminate in the extending of credit or the making of loans on the basis of sex, race, religion or national origin or marital status; to provide for an action for damages; to provide for penalties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. No bank, lending company, financial institution, retail installment seller, or person extending credit may discriminate or provide requirements which discriminate in the extending of credit or the making of loans solely on the basis of sex, race, religion or national origin or marital status. Section 2. Any person denied a loan or credit solely on the basis of discrimination because of sex, race, religion or national origin or marital status shall have a right to bring an action in an individual but not in a representative capacity against the person, firm or corporation violating the provisions of this Act for damages in any court of competent jurisdiction. Section 3. Any person, firm or corporation willfully violating the provisions of section 1 of this Act shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $1,000.00. Penalty. Section 4. Nothing contained within this Act shall be deemed or construed to conflict with or repeal Code section 53-503 relating to the separate estate of the wife. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975.

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GEORGIA BOAT SAFETY ACT AMENDEDFLOTATION DEVICES. No. 511 (House Bill No. 41). An Act to amend an Act known as the Georgia Boat Safety Act, approved April 19, 1973 (Ga. L. 1973, p. 1445), so as to prohibit selling or offering to sell within this State any personal flotation device which is not U.S. Coast Guard approved unless such device is legibly marked that it is not U.S. Coast Guard approved; to provide for a penalty; to provide for certain exceptions; 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 known as the Georgia Boat Safety Act, approved April 19, 1973 (Ga. L. 1973, p. 1445), is hereby amended by adding a new subsection at the end of section 8 to be designated subsection (j) and to read as follows: (j) It shall be unlawful for any person to sell or offer for sale within this State any personal flotation device which is not U.S. Coast Guard approved unless such device is clearly marked as follows: `Notice: This personal flotation device is not U.S. Coast Guard approved.' As used herein, the words, `personal flotation device' shall not include flotation devices such as plastic toys, rafts and other devices used for recreational purposes in or around swimming pools, lakes or beaches when such devices are easily recognizable as not being designed or intended for use as lifesaving devices. Any person violating the provisions of this subsection shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Section 2. This Act shall become effective on July 1, 1976. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975.

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REVENUEREFUND OF OVERPAID TAXES AUTHORIZED, ETC. Code Chapter 92-39A Enacted. No. 512 (House Bill No. 44). An Act to amend Code Title 92, relating to public revenue, so as to provide for refunds of taxes and license fees which have been erroneously or illegally assessed and collected by counties and municipalities or overpaid by taxpayers, whether paid voluntarily or involuntarily; to provide for the practices and procedures in connection with the refund of such taxes and license fees; to provide for the filing of claims; to provide for limitations on the filing of claims or suits for refunds; to provide for the practices and procedures in connection with the foregoing; to provide for venue; to provide for other matters relative to the foregoing; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Title 92, relating to public revenue, is hereby amended by adding, following Code Chapter 92-39, a new Code Chapter, to be designated Code Chapter 92-39A, to read as follows: CHAPTER 92-39A REFUNDS BY COUNTIES AND MUNICIPALITIES 92-3901A. Refunds. Each county and municipal corporation of this State is hereby authorized to refund to tax-payers any and all taxes and license fees which may be determined to have been erroneously or illegally assessed and collected from such taxpayers under the laws of Georgia or under the resolutions or ordinances of any county or municipality or overpaid by such taxpayers, whether paid voluntarily or involuntarily. 92-3902A. Same; practice and procedure. In any case in which it shall be determined that an erroneous or illegal collection of any tax or license fee has been made by a county

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or municipal corporation or in any case in which it shall be determined that a taxpayer has overpaid any tax or license fee, whether such tax or license fee was paid voluntarily or involuntarily, the taxpayer from whom such tax or license fee was collected may file a claim for a refund with the governing authority of the county or municipal corporation, at any time within one year after the date of the payment of such tax or license fee to the county or municipal corporation. Such claim shall be in writing and shall be in such form and contain such information as the governing authority of the county or municipal corporation may require. Such claim shall include a summary statement of the grounds upon which the taxpayer relies. In the event the taxpayer desires a conference or hearing before the governing authority in connection with any claim for a refund, he shall so specify in writing in the claim. If the claim conforms with the requirements of this section, the governing authority shall grant a conference at a time specified by the governing authority. The governing authority shall consider information contained in the taxpayer's claim for a refund and such other information as may be available. The governing authority shall approve or disapprove the taxpayer's claim and notify such taxpayer of its action. In the event any claim for refund is approved, the governing authority shall proceed under section 92-3901A to give effect to the terms thereof. The refunds provided for shall be unassignable. 92-3903A. Same; legal proceedings. Any taxpayer whose claim for refund is denied by the governing authority of the county or municipal corporation or with respect to whose claim no decision is rendered by the governing authority within one year from the date of filing said claim, shall have the right to sue for refund in the superior court of the county in which such claim arises. No suit or proceeding for the recovery of a refund shall be commenced before the expiration of one year from the date of filing the claim for refund unless the governing authority of the county or municipal corporation involved renders a decision thereon within said time period, nor shall any such suit or proceeding be commenced after the expiration of one year from the date said claim is denied. The one-year period

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prescribed in this Section for filing suits for a refund shall be extended for such period as may be agreed upon in writing between the taxpayer and the governing authority of the county or municipal corporation during said period or any extension thereof. 92-3904A. Same; payment of refunds. Any refunds approved or allowed under the provisions of this Chapter shall be paid from funds of the county or municipal corporation to which such taxes or license fees were originally paid. Such refunds shall be paid within 60 days of the approval of the taxpayer's claim or within 60 days of the entry of a final decision in any suit for a refund. 92-3905A. The governing authority of any county may, by resolution, and the governing authority of any municipality may, by ordinance, adopt rules and regulations governing the administration of the provisions of this Chapter and may delegate the administration of any provision of this Chapter except the approval or disapproval of claims to an appropriate department in local government. 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 April 18, 1975.

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HOSPITAL AUTHORITIESSTATE GRANTS AUTHORIZED. Code 88-1824 Enacted. No. 513 (House Bill No. 49). An Act to amend Code Chapter 88-18, relating to Hospital Authorities, as amended, so as to authorize the State of Georgia to make grants to hospital authorities; to provide that the Department of Human Resources shall administer such grants; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 88-18, relating to Hospital Authorities, as amended, is hereby amended by adding at the end of said Code Chapter a new Section to be designated as Code section 88-1824 to read as follows: 88-1824. Grants to Hospital Authorities. The State of Georgia is hereby authorized to make grants, as funds are available, to Hospital Authorities for public health purposes provided that any funds so granted shall be distributed to and among the various public Hospital Authorities in the State in proportion to the number of hospital beds operated by each such hospital authority at the end of the calendar year preceding the grant. Funds shall be distributed to public hospitals operated by consolidated governments in the same manner as to authority hospitals specified herein. Grants made by the State of Georgia pursuant to this section shall be administered by the Department of Human Resources in accordance with such rules, regulations and procedures as it shall deem necessary for effective administration of such grants. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975.

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CORPORATIONSPENALTY FOR LATE FILING OF ANNUAL REPORTS REDUCED. Code Title 22 Amended. No. 514 (House Bill No. 61). An Act to amend Code Title 22, relating to corporations, as amended, so as to reduce the penalty imposed upon profit and nonprofit corporations for the late filing of annual reports; 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 22, relating to corporations, as amended, is hereby amended by striking subsection (a) of Code section 22-1801 in its entirety and inserting in lieu thereof a new subsection (a) of Code section 22-1801 to read as follows: (a) Each corporation, domestic or foreign, that fails or refuses to file its annual report for any year shall be penalized $25.00 for each year in which it so fails or refuses. Code 22-1801 amended. Section 2. Said Code Title is further amended by striking subsection (a) of Code section 22-3601 in its entirety and inserting in lieu thereof a new subsection (a) of Code section 22-3601 to read as follows: (a) Each corporation, domestic or foreign, that fails or refuses to file its annual report for any year shall be penalized $10.00 for each year in which it so fails or refuses. Code 22-3601 amended. Section 3. Said Code Title is further amended by striking Code section 22-4602 in its entirety and inserting in lieu thereof a new Code section 22-4602 to read as follows: 22-4602. Penalty for Non Compliance. Upon a failure or refusal of any corporation to make said report, the corporation shall be penalized $25.00 for each year in which it so fails or refuses. The Attorney General, at the direction

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of the Secretary of State, shall bring proceedings in the name of the State to enforce the penalty imposed by this section. Section 4. This Act shall become effective April 1, 1975. Effective date Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. JURIESPROVISIONS RELATING TO WOMEN CHANGED, ETC. Code 59-112 Amended. Code 79-207 Amended. No. 516 (House Bill No. 74). An Act to amend Code section 59-112, relating to persons exempt from jury duty, as amended, so as to change the provisions relating to women; to amend Code section 79-207, relating to citizenship rights of females, as amended, so as to change the provisions relating to rights and liabilities of females; to amend an Act relating to jury service of women, approved December 21, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 284), so as to change the provisions relating to jury service of women; to provide for the intent 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. Said Code section 59-112 is hereby further amended by striking subsection (d) in its entirety and inserting in lieu thereof a new subsection (d) to read as follows: (d) Any teacher or principal of this State who does not desire to serve upon juries shall notify the jury commissioners of the county in which he or she resides in writing to

Page 780

that effect, and thereupon the jury commissioners shall not place the name of such teacher or principal in the jury box for said county. Section 2. Code section 79-207, relating to citizenship rights of females, as amended, is hereby further amended by striking therefrom the following: jury,, so that when so amended, said Code section 79-207 shall read as follows: 79-207. Females, citizenship rights of. Females are entitled to the privilege of the elective franchise, to hold any civil office or perform any civil functions in as full and complete a manner as the same can be enjoyed by any male citizen: Provided, however, females shall not be liable to discharge any military, police, patrol or road duty. Section 3. An Act relating to jury service of women, approved December 21, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 284), is hereby amended by striking section 4 in its entirety, which section 4 reads as follows: Section 4. Any woman of this State who does not desire to serve upon juries shall notify the jury commissioner of the county in which she resides in writing to that effect, and thereupon the jury commissioners shall not place the name of such woman in the jury box for said county. Section 4. It is the intent of this Act that all women who are qualified for jury duty, and who are not exempt from jury duty under law, shall have the right to and the responsibility of jury duty in accordance with the provisions of Georgia law. Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date

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Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT AMENDEDCERTAIN DISTRICT ATTORNEY REPRESENTATION PROVIDED, ETC. No. 517 (House Bill No. 76). An Act to amend an Act known as the Uniform Reciprocal Enforcement of Support Act, approved February 20, 1958 (Ga. L. 1958, p. 34), so as to provide that the district attorney shall represent the plaintiff under the provisions of the said Act where the plaintiff is an applicant or recipient of public assistance or the obligee is a dependent child or the obligees are dependent children; to provide that the district attorney in his discretion may in other cases represent the plaintiff under the provisions of said Act where the obligee is the spouse or former spouse of the obligor; to provide for the payment of fees for each case handled; 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 Reciprocal Enforcement of Support Act, approved February 20, 1958 (Ga. L. 1958, p. 34), is hereby amended by striking section 10 in its entirety and inserting in lieu thereof a new section 10, to read as follows: Section 10. Officials to Represent Plaintiff. The district attorney of each superior court shall be required to represent the plaintiff in any proceeding under this Act where the plaintiff is an applicant or recipient of public assistance or the obligee is a dependent child or the obligees are dependent children, and, in his discretion, may represent the plaintiff in any other proceeding under this Act where the

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obligee is the spouse or former spouse of the obligor. For such services there shall be paid to the County in which the petition is handled the sum of fifty ($50.00) dollars for each petition handled whether this State is the initiating or responding State. In all counties in which the clerk of the superior court is on a fee basis, the district attorney shall pay from said sum so received by him to the said clerk such fees as are allowed by law for filing of petitions and service of processes filed under this Act. Providing further, however, that before the said sum shall be paid, an order granting or denying support shall have been entered. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. REVENUEREAL PROPERTY TRANSFER TAX NOT APPLICABLE IN CERTAIN HUSBAND AND WIFE TRANSFER. No. 518 (House Bill No. 87). An Act to amend an Act providing for a tax on certain deeds, instruments, or other writings transferring real estate, approved April 18, 1967 (Ga. L. 1967, p. 788), as amended, so as to provide that said tax shall not apply to any transfer of real estate between a husband and wife in connection with a divorce case; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for a tax on certain deeds, instruments, or other writings transferring real estate, approved April 18, 1967 (Ga. L. 1967, p. 788), as amended, is hereby amended by adding after the word therein at the end of section 3 the following:

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; Provided, further, that the tax imposed by section 1 shall not apply to any transfer of real estate between a husband and wife in connection with a divorce case, so that when so amended, section 3 shall read as follows: Section 3. The tax imposed by section 1 of this Act shall not apply to any instrument or writing given to secure a debt; nor shall said tax apply to any deed of gift or to any instrument or writing executed by any agency of the State of Georgia or the U. S. Government or by any political subdivision or either of them, or by any public corporation or authority. Provided, however, this exemption shall not apply to any profit making public corporation and in order to exercise the exemption the total consideration of the transfer shall be shown. Provided further that the tax imposed by section 1 shall not apply to any lease of lands, tenements, standing timber or other realty or any lease of any estate, interest or usufruct therein; Provided, further, that the tax imposed by section 1 shall not apply to any transfer of real estate between a husband and wife in connection with a divorce case. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. ELECTRIC MEMBERSHIP CORPORATION ACT AMENDEDCOMPENSATION FOR DIRECTORS AUTHORIZED. No. 519 (House Bill No. 89). An Act to amend an Act known as the Electric Membership Corporations Act, approved March 30, 1937 (Ga. L. 1937, p. 644), as amended, particularly by an Act approved February 16, 1950 (Ga. L. 1950, p. 233), so as to provide that directors of electric membership corporations may be compensated for their services rendered on

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behalf of such corporations; to provide for requirements and qualifications for directors of electric membership corporations; to provide for additional requirements relative to the compensation of directors; 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 known as the Electric Membership Corporation Act, approved March 30, 1937 (Ga. L. 1937, p. 644), as amended, particularly by an Act approved February 16, 1950 (Ga. L. 1950, p. 233), is hereby amended by striking subsection (a) of section 11 in its entirety, and inserting in lieu thereof a new subsection (a) to read as follows: (a) Each corporation shall have a board of directors of not less than three members and the powers of a corporation shall be vested in and exercised by a majority of the directors in office. The directors of the corporation, other than those named in its charter, shall be elected at the annual meeting, or at a special meeting held in lieu thereof, by the members entitled to vote. The directors must be members of the corporation and shall have authority to fix the compensation of directors for services on a per diem basis, unless otherwise provided in the Articles of Incorporation or bylaws, and shall be entitled to reimbursement of expenses actually and necessarily incurred by them in the performance of their duties. The board shall elect annually from its own number a president and vice-president. A member of the board of directors shall not be an employee of the corporation in addition to being on the board. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975.

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GEORGIA PRIVATE DETECTIVE AND PRIVATE SECURITY AGENCIES ACT AMENDED. No. 520 (House Bill No. 122). An Act to amend an Act known as the Georgia Private Detective and Private Security Agencies Act, approved March 12, 1973 (Ga. L. 1973, p. 40), so as to provide that the provisions of said Act shall not be construed so as to require a person or corporation employing persons who do not carry firearms to do private security work on the premises and in connection with the affairs of such employer only, and where there exists an employer-employee relationship, to be licensed under 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 known as the Georgia Private Detective and Private Security Agencies Act, approved March 12, 1973 (Ga. L. 1973, p. 40), is hereby amended by adding, following section 10, a new section 10A, to read as follows: Section 10A. Exceptions. The provisions of this Act shall not be construed so as to require a person or corporation employing persons who do not carry firearms and who do not have access to firearms to do private security work on the premises and in connection with the affairs of such employer only, and where there exists an employer-employee relationship, to be licensed under this Act; provided, however, that such persons or corporations may elect to be licensed under this Act. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975.

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STATE BOARD OF PARDONS AND PAROLES ACT AMENDEDCERTAIN ARREST WARRANTS PROVIDED. No. 521 (House Bill No. 124). An Act to amend an Act creating the State Board of Pardons and Paroles, approved February 5, 1943 (Ga. L. 1943, p. 185), as amended, particularly by an Act approved December 17, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 210), an Act approved March 31, 1965 (Ga. L. 1965, p. 478), and an Act approved March 10, 1970 (Ga. L. 1970, p. 187), so as to authorize members of the Board to issue a warrant for the arrest of a parolee or conditional releasee; to provide for the return of the warrant; to provide for a determination on the matter of whether the alleged violator should be incarcerated pending his final revocation hearing; to authorize certain officers to execute the warrant; to require a preliminary hearing to be held after a parolee or conditional releasee is arrested on such a warrant; to authorize certain officers to conduct the preliminary hearing; to authorize such officers to compel attendance of witnesses; to provide for a final hearing of revocation of parole; to authorize the State Board of Pardons and Paroles to disclose to an alleged violator of parole or conditional release the evidence introduced against him at a final revocation hearing; to provide for an effective date; to repeal conflicting laws; and to carry out other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the State Board of Pardons and Paroles, approved February 5, 1943 (Ga. L. 1943, p. 185), as amended, particularly by an Act approved December 17, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 210), an Act approved March 31, 1965 (Ga. L. 1965, p. 478), and an Act approved March 10, 1970 (Ga. L. 1970, p. 187), is hereby amended by striking section 16 in its entirety and inserting in lieu thereof a new section 16 to read as follows: Section 16. If any member of the Board shall have reasonable ground to believe that any parolee or conditional

Page 787

releasee has lapsed into criminal ways, or has violated the terms and conditions of his parole or conditional release in a material respect, such member may issue a warrant for the arrest of such parolee or conditional releasee. (a) Said warrant, if issued by a member or the Board, shall be returned before the Board and shall command that the alleged violator of parole or conditional release be brought before the Board for a final hearing on revocation of parole or conditional release within a reasonable time after the preliminary hearing provided for in Section 16A. (b) All officers authorized to serve criminal process, all peace officers of this State and all circuit probation and parole supervisors shall be authorized to execute the warrant. (c) Any circuit probation and parole supervisor, when he has reasonable ground to believe that a parolee or conditional releasee has violated the terms or conditions of his parole or conditional release in a material respect, shall notify the Board or some member thereof, and proceedings shall thereupon be had as provided herein. Section 2. Said Act is further amended by adding after section 16 a new section, to be designated section 16A, to read as follows: Section 16A. Whenever a parolee or conditional releasee is arrested on a warrant issued by a member of the Board for an alleged violation of parole or conditional release, an informal preliminary hearing in the nature of a court of inquiry shall be held at or near the place of the alleged violation. (a) This proceeding shall commence within a reasonable time after the arrest of the parolee or conditional releasee. Its purpose shall be to determine whether there is probable cause or reasonable grounds to believe that the arrested parolee or conditional releasee has committed acts which would constitute a violation of parole or conditional release. (b) The preliminary hearing shall be conducted by a

Page 788

hearing officer designated by the State Board of Pardons and Paroles who shall be some officer who is not directly involved in the case. It shall be the duty of the officer conducting the hearing to make a summary or digest, which may be in the form of a tape recording, of what transpires at the hearing in terms of the testimony and other evidence given in support of or against revocation. In addition, the officer shall state reasons for his decision that probable cause for revocation does or does not exist and shall indicate the evidence relied upon. (c) It shall be the responsibility of the officer selected to conduct the preliminary hearing to provide the alleged violator with written notice of the time and place of the proceeding, its purpose, and the violations which have been alleged. This notice shall allow a reasonable time for the alleged violator to prepare his case. (d) The officer selected to conduct the preliminary hearing shall have the power to issue subpoenas to compel the attendance of witnesses resident within the county of the alleged violation, after notice of 24 hours. Such subpoenas shall be issued without discrimination between public and private parties. When a subpoena is disobeyed, any party may apply to the superior court of the county where the hearing provided for by this Section is held for an order requiring obedience. Failure to comply with such order shall be cause for punishment as for contempt of court. The manner of service of subpoenas and costs of securing the attendance of witnesses, including fees and mileage, shall be determined, computed, and assessed in the same manner as prescribed by law for cases in the superior court. (e) The officer selected to conduct the preliminary hearing shall also have power to issue subpoenas for production of documents or other written evidence at the hearing provided for by this section; but upon written request made promptly and before the hearing the officer may quash or modify the subpoena if it is unreasonable or oppressive, or condition denial of the request upon the advancement by the person in whose behalf the subpoena is issued of the reasonable cost of producing the documents or other written

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evidence. Enforcement of such subpoenas may be sought in the same manner as provided above for subpoenas to compel attendance of witnesses. (f) At the hearing the alleged violator may appear and speak in his own behalf, may present witnesses to testify in his behalf, and may bring letters, documents, or any other relevant information to the hearing officer. He shall also have the right to cross-examine those who have given adverse information at the preliminary hearing relating to the alleged violation: provided, that the hearing officer may refuse to allow such questioning if he determines that the informant would be subjected to risk of harm if his identity were disclosed. (g) Should the hearing officer determine that probable cause for revocation exists, he shall then determine whether the alleged violator should be incarcerated pending his final revocation hearing, or whether he should be set free on his personal recognizance pending that hearing. If an alleged violator who is set free on his personal recognizance subsequently fails to appear at his final hearing, the Board may summarily revoke his parole or conditional release. (h) The decision of the hearing officer as to probable cause for revocation shall not be binding on the Board, but may be either ratified or overruled by majority vote of the Board. In the event that the Board overrules a determination of the hearing officer that probable cause did not exist, the Board shall then determine whether the alleged violator should be incarcerated pending his final hearing, or whether he should be set free on his personal recognizance pending that hearing. If an alleged violator who is set free on personal recognizance subsequently fails to appear at his final hearing, the Board may summarily revoke his parole or conditional release. Where a hearing officer has determined, after finding probable cause, that the alleged violator should be set free on his personal recognizance, the Board may overrule that decision and order the alleged violator to be incarcerated pending his final hearing. Section 3. Said Act is further amended by striking section

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17 in its entirety and inserting in lieu thereof a new section 17 to read as follows: Section 17. (a) A parolee who has allegedly violated the terms of his parole or conditional release shall have a right to a final hearing before the Board, to be held within a reasonable time after the occurrence of one of the following events: (1) after an arrest warrant has been issued by a member of the Board and probable cause for revocation has been found by the preliminary hearing officer; or (2) after a majority of the Board overrules a determination by the preliminary hearing officer that such probable cause does not exist; or (3) after the Board or 2 of its members is informed of an alleged violation and decides to consider the matter of revocation without issuing a warrant for the alleged violator's arrest. (b) The purpose of such hearing shall be to determine whether the alleged violator has in fact committed any acts which would constitute a violation of the terms and conditions of his parole or conditional release and whether those acts are of such a nature as to warrant revocation of parole or conditional release: Provided, however, when a parolee or conditional releasee has been convicted of any crime, whether a felony or a misdemeanor, or has entered a plea of guilty or nolo contendere thereto, in a court of record, his parole or conditional release may be revoked without a hearing before the State Board of Pardons and Paroles; provided, further, that whenever it shall appear to the State Board of Pardons and Paroles that a parolee or conditional releasee either has absconded or has been convicted of another crime in a Federal court or in a court of record of another state, the State Board of Pardons and Paroles may issue an order of temporary revocation of parole or conditional release, together with its warrant for said violator, which shall suspend the running of the parolee's or conditional releasee's time from the date of the temporary

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revocation of parole or conditional release to the date of the determination by the Board as to whether such temporary revocation shall be made permanent. If the Board determines that there has been no violation of the conditions of such parole or conditional release then such parolee or such releasee shall be reinstated upon his original parole or conditional release without any loss of time and the order of temporary revocation of parole or conditional release and the warrant shall be withdrawn. (1) In all cases in which there is a hearing before the Board the alleged violator shall be given written notice of the time and place of the hearing and of the claimed violations of parole or conditional release. In addition this notice shall advise him of the following rights: (A) his right to disclosure of evidence introduced against him, provided, however, this right shall not be construed to require the Board to disclose to an alleged violator confidential information contained in its files which has no direct bearing on the matter of parole revocation; (B) his opportunity to be heard in person and to present witnesses and documentary evidence; (C) his right to confront and cross-examine adverse witnesses, unless a majority of the Board determines that disclosure of a particular informant's identity would cause that informant or a member of his family to suffer a risk of harm; and (D) his right to subpoena witnesses and documents through the Board as provided herein. Such notice shall be served by delivering it to the alleged violator in person, by delivering it to a person 18 years or older at his last known place of residence, or by depositing it in the mail properly addressed to his last known place of residence. (2) The Board shall have the power to issue subpoenas to compel the attendance of witnesses at the hearing provided

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for by this section. Such subpoenas shall be issued without discrimination between public and private parties. When a subpoena is disobeyed, any party may apply to the superior court of the county where the hearing provided for by this section is held for an order requiring obedience. Failure to comply with such order shall be cause for punishment as for contempt of court. The manner of service of subpoenas and costs of securing the attendance of witnesses, including fees and mileage, shall be determined, computed, and assessed in the same manner as prescribed by law for cases in the superior court. (3) The Board shall also have power to issue subpoenas for production of documents or other written evidence at the hearing provided for by this section, but upon written request made promptly and before the hearing may quash or modify the subpoena if it is unreasonable or oppressive, or condition denial of the request upon the advancement by the person in whose behalf the subpoena is issued of the reasonable cost of producing the documents or other written evidence. Enforcement of such subpoenas may be sought in the same manner as provided above for subpoenas to compel attendance of witnesses. (4) Within a reasonable time after the hearing provided for by this section, the Board shall enter an order rescinding parole or conditional release and returning the parolee or conditional releasee to serve the sentence theretofore imposed upon him, with benefit of computing the time so served on parole or conditional release as a part of his sentence, or reinstating such parole or conditional release, or shall enter such other order as it may deem proper. The Board shall issue a written statement which shall indicate its reasons for revoking or not reinstating parole or conditional release or for taking such other action as it deems appropriate and shall also indicate the evidence relied upon in determining the facts which form the basis for these reasons. The parolee or conditional releasee who is the subject of the Board's decision shall be furnished with a copy of this written statement. Section 4. Said Act is further amended by adding at the end of section 33(a) the following:

Page 793

:Provided, however, that the State Board of Pardons and Paroles shall be authorized to disclose to an alleged violator of parole or conditional release the evidence introduced against him at a final hearing on the matter of revocation of parole or conditional release., so that when so amended, section 33(a) shall read as follows: Section 33. (a) All information both oral and written received by the State Board of Pardons and Paroles in the performance of their duties under this Act and all records, papers and documents coming into their possession by reason of the performance of their duties under this Act shall be classified as confidential State secrets until declassified by a resolution of the board passed at a duly constituted session of the board: Provided, however, that the State Board of Pardons and Paroles shall be authorized to disclose to an alleged violator of parole or conditional release the evidence introduced against him at a final hearing on the matter of revocation of parole or conditional release. Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. STATE BOARD OF PARDONS AND PAROLES TO NOTIFY SENTENCING JUDGES IN CONSIDERATION OF CERTAIN CASES, ETC. No. 522 (House Bill No. 125). An Act to amend an Act creating the State Board of Pardons and Paroles, its powers and duties, approved February 5, 1943 (Ga. L. 1943, p. 185), as amended, particularly by an Act approved March 27, 1972 (Ga. L. 1972, p. 410), so as

Page 794

to provide that in considering certain cases the Board shall notify the sentencing judge and district attorney of the county where such person was sentenced; to provide that the sentencing judge or district attorney, or both, may appear at a hearing or make a written statement to the Board expressing their views and making their recommendations as to whether such person should be paroled; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the State Board of Pardons and Paroles, its powers and duties, approved February 5, 1943 (Ga. L. 1943, p. 185), as amended, particularly by an Act approved March 27, 1972 (Ga. L. 1972, p. 410), is hereby amended by striking section 14A and adding a new section 14A, to read as follows: Section 14A. Notwithstanding any other provisions of law to the contrary, if the Board is to consider any case in which the prisoner has failed to serve the time required by law for automatic initial consideration, the Board shall notify, in writing at least ten days prior to consideration, the sentencing judge and district attorney of the county where such person was sentenced. Such sentencing judge or district attorney, or both, may appear at a hearing held by the Board or make a written statement to the Board expressing their views and making their recommendation as to whether such person should be paroled. Notification. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975.

Page 795

STATE BOARD OF PARDONS AND PAROLESWRITTEN DECISIONS TO BE SIGNED WHEN GRANTING RELIEF. No. 523 (House Bill No. 126). An Act to amend an Act creating the State Board of Pardons and Paroles, particularly as it provides for the power and method of granting clemency, pardon or parole or other relief from sentence, approved February 5, 1943 (Ga. L. 1943, p. 185), as amended, particularly as amended by an Act, approved March 21, 1974 (Ga. L. 1974, p. 474), so as to provide for a written decision signed by Board members when granting relief from a sentence; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the State Board of Pardons and Paroles, particularly as it provides for the power and method of granting clemency, pardon or paroles or other relief from sentence, approved February 5, 1943 (Ga. L. 1943, p. 185), as amended, particularly as amended by an Act approved March 21, 1974 (Ga. L. 1974, p. 474), is hereby amended by striking from section 13 the second sentence, which reads as follows: 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., and substituting in its place a new sentence to read as follows: A grant of clemency, pardon or parole or other relief from sentence shall be rendered only by a written decision, which shall be signed by at least the number of Board members required for the relief granted, and which shall become a part of the permanent record., so that when so amended section 13 shall read as follows:

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Section 13 No person shall be granted 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. A grant of clemency, pardon or parole or other relief from sentence shall be rendered only by a written decision, which shall be signed by at least the number of Board members required for the relief granted, and which 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 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. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. ADOPTED CHILDRENMAY TAKE BY INHERITANCE FROM RELATIVES OF ADOPTING PARENTS. No. 524 (House Bill No. 134). An Act to amend an Act revising the adoption laws of Georgia, approved March 27, 1941 (Ga. L. 1941, p. 300), as amended, particularly by an Act approved April 5, 1971 (Ga. L. 1971, p. 403), so as to provide that an adopted child may take by inheritance from relatives of the adopting parents; to provide that the adopted child may take as a child of the adopting parent under a class gift made by the will of a third person; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act revising the adoption laws of Georgia, approved March 27, 1941 (Ga. L. 1941, p. 300), as amended, particularly by an Act approved April 5, 1971 (Ga. L. 1971, p. 403), is hereby amended by adding at the end of section 11 the following: An adopted child may take by inheritance from relatives of the adopting parents. An adopted child may also take as a `child' of the adopting parent under a class gift made by the will of a third person., so that when so amended, section 11 shall read as follows: Section 11. Final order of adoption; inheritance by child from adoptive parents and vice versa. Upon the date appointed by the court for a hearing of the petition for final adoption, or as soon thereafter as the matter may be reached for a hearing, the court shall proceed to a full hearing

Page 798

on the petition and the examination of the parties at interest in chambers, under oath, with the right of adjourning the hearing and examination from time to time as the nature of the case may require. The court at such time shall give consideration to the investigation report and the recommendations therein contained, if such report has been made. If the court is satisfied that the natural parents have just cause to be relieved of the care, support, and guardianship of said child, or have abandoned the said child, or are morally unfit to retain custody of said child, and that the petitioner or petitioners is or are financially able and morally fit to have the care, supervision, training, and education of the child, and that the child is suitable for adoption in a private family home, and that the adoption requested is for the best interests of the child, it shall enter an order granting the permanent custody of the child to the petitioner or petitioners; or if it is not so satisfied, to refuse such an order and to dismiss the petition. Any person objecting to the entry of a final order of adoption shall file such objection in writing at least ten (10) days prior to the date assigned for hearing and the last date for filing objections shall be included in the order assigning the application for a hearing and shall also be stated in the published notice when the application is served by publication which said objections shall be passed on by the court at such hearing. If the court shall determine that a final order of adoption shall be entered, the court shall enter a decree of adoption, declaring the said child to be the adopted child of the petitioner and capable of inheriting his estate and any other estate inheritable by a natural child of the petitioner under the laws of descent and distribution in the absence of a will and shall also decree what shall be the name of such child. Thereafter the relation between such person and the adopted child shall be as to their legal rights and liabilities the relation of parents and child: Provided, however, that petitioner or petitioners and any natural or other adopted child of the petitioner or petitioners may inherit from the child that which he acquires or is vested in him subsequent to the final order of adoption, except that which he has acquired or inherited from blood relatives. When the final adoption shall have been granted, the parents of the child shall be divested of all legal rights or obligations from

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them to the child or from the child to them; and the child shall be free from all obligations of any sort whatsoever to the said natural parents: Provided, however, that where one of the adopting persons is the spouse of the natural father or mother of the child, the assent of such natural father or mother to such adoption, as is required by this section, or his or her joining in the petition of adoption for the purpose of evidencing such assent, or the final order of adoption, shall not affect in any way the rights and obligations existing between the adopted child and such natural father or mother. Said adopted child shall be considered in all respects as if it were a child of natural bodily issue of petitioner or petitioners, and shall enjoy every right and privilege of a natural child of petitioner or petitioners; and shall be deemed a natural child of petitioner or petitioners to inherit under the laws of descent and distribution in the absence of a will and to take under the provisions of any instrument of testamentary gift, bequest, devise or legacy unless expressly excluded therefrom. An adopted child may take by inheritance from relatives of the adopting parents. An adopted child may also take as a `child' of the adopting parent under a class gift made by the will of a third person. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. GEORGIA SCENIC TRAILS ACT AMENDEDDEPARTMENT DEFINED, ETC. No. 525 (House Bill No. 147). An Act to amend an Act known as the Georgia Scenic Trails Act, approved March 8, 1972 (Ga. L. 1972, p. 142) as, amended by an Act approved April 13, 1973 (Ga. L. 1973, p. 470), so as to change the definition of the term Department; to provide for bikeways; to provide for the determination of routes of bikeways; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. An Act known as the Georgia Scenic Trails Act, approved March 8, 1972 (Ga. L. 1972, p. 142), as amended by an Act approved April 13, 1973 (Ga. L. 1973, p. 470), is hereby amended by striking in its entirety subsection (a) of section 3 and inserting in lieu thereof a new subsection (a) to read as follows: (a) `Department' shall mean the Department of Natural Resources;. Section 2. Said Act is further amended by renumbering paragraph (7) of section 5 as paragraph (8) and inserting a new paragraph (7) to read as follows: (7) Bikeways : These would be publicly owned and maintained paved paths, ways or trails designated and signed as bicycle routes and located in urban, suburban or rural areas. Notwithstanding any other provisions of this Act, the routes of such bikeways shall be determined by the local governing authority wherein such bikeways would be located and approved by the Department of Transportation. Section 3. Said Act is further amended by striking section 5A in its entirety and inserting in lieu thereof a new section 5A to read as follows: Section 5A. The Georgia Department of Transportation is hereby authorized and directed to construct bicycle trails and bikeways in this State after the routes of such trails and bikeways have been determined by the Department of Natural Resources or by local governing authorities and approved by the Department of Transportation pursuant to this Act. Nothing contained herein shall be deemed or construed to prevent local governing authorities or private associations and organizations from constructing bicycle trails in this State. Provided, however, the power of eminent domain shall not be exercised for the acquisition or construction of such trails. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975.

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PROFESSIONAL SANITARIANSLICENSE PROVISIONS CHANGED. No. 526 (House Bill No. 151). An Act to amend an Act regulating the practice of professional sanitarians, approved March 7, 1957 (Ga. L. 1957, p. 219), as amended by an Act approved April 13, 1973 (Ga. L. 1973, p. 554), so as to authorize an applicant for a license to take the examination prior to completion of the experience requirement; to change the provisions relating to fees; to provide that certain provisions of said Act shall not apply to certain persons employed as sanitarians or sanitarian trainees; to provide that it shall be unlawful to employ any person as a sanitarian trainee or as a sanitarian, who has not met the educational requirements for registration as a Registered Professional Sanitarian under the provisions of this Act or who is exempt from such requirements under the provisions of section 11 of this Act; to provide that no person shall hold himself out or otherwise represent himself as a sanitarian unless he holds a valid license as a Registered Professional Sanitarian in accordance with the provisions of this Act; to provide for penalties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act regulating the practice of professional sanitarians, approved March 7, 1957 (Ga. L. 1957, p. 219), as amended by an Act approved April 13, 1973 (Ga. L. 1973, p. 554), is hereby amended by striking section 6 in its entirety and substituting in lieu thereof a new section 6, to read as follows: Section 6. Any person desiring to be licensed as a `Registered Professional Sanitarian' shall make application to the Board, which application shall be accompanied by a fee of three dollars ($3.00). Any person making such application, except as hereinafter provided, must possess a degree from a four-year accredited college or university with a minimum of 40 quarter hour credits in basic physical,

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biological and sanitary sciences, must have completed two years of on-the-job training and experience in environmental sanitation and must have passed the registered professional sanitarian examination given by the Board. No more than thirty days prior to graduation from a four-year accredited college or university and upon certification by the department head and the dean, a person who will be graduated with the requisite course credits shall be permitted to take the examination for license as a `Registered Professional Sanitarian.' The fee for the examination shall be fifteen dollars ($15.00). No additional examination fee shall be required. Said examination shall be given and conducted by the Board and must be a written examination, approved by the majority of the Board, and pertaining to the principles of sanitary science. In the event the applicant successfully passes the examination, he or she shall be issued a license as a `Registered Professional Sanitarian' by the Board upon graduation, satisfying the experience requirement and paying the license fee. The provisions of this section shall not apply to persons employed as sanitarians or sanitarian trainees prior to July 1, 1975. License. Section 2. Said Act is further amended by adding, following section 13, a new section to be designated as section 13A, to read as follows: Section 13A. It shall be unlawful to employ any person as a sanitarian trainee or as a sanitarian, who has not met the educational requirements for registration as a Registered Professional Sanitarian under the provisions of this Act or who is exempt from such requirements under the provisions of section 11 of this Act. No person shall hold himself out or otherwise represent himself as a sanitarian unless he holds a valid license as a Registered Professional Sanitarian in accordance with the provisions of this Act. 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. Penalty. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975.

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ELECTIONSREGISTRATION LIST SHALL CLOSE AT CERTAIN TIME, ETC. Code Title 34 amended. No. 527 (House Bill No. 193). An Act to amend Code Title 34, the Georgia Election Code, as amended, to provide that the registration list for any general primary or general election shall close thirty (30) days prior to said primary or election; to provide for severability; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 34-602, relating to elector's qualifications, is hereby amended by striking in their entirety subsections 1 through 7 and renumbering the remaining subsections of said Code section as subsections 1 and 2. Code 34-602 amended. Section 2. Code section 34-611, relating to applications for registration for the November election, is hereby amended by striking said Code section in its entirety and substituting in lieu thereof the following: Section 34-611. Application for registration: Thirty (30) day registration deadline for November election. The registrars shall, in each year in which there is a November election, cease their operations of taking applications from persons desiring to vote in such election thirty (30) days prior to such election except where this Code prescribes a different deadline. During the period while the November list is being prepared, they may suspend the operation of taking applications from those desiring to vote in subsequent primaries and elections provided the main office shall be kept open at least one day and the same day in each week during this period for receiving applications. The registrars may also suspend the operation of taking applications on any day on which a primary or election is held.

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Section 3. Code section 34-625, relating to registration of persons to vote in general primaries and elections other than the November election, is hereby amended by striking said Code section in its entirety and substituting in lieu thereof the following: Section 34-625. Registration of persons to vote in general primaries and general elections other than November elections. If any person whose name is not on such registration list desires to vote at any general primary or general election other than a November general election, he shall thirty (30) days prior to the primary election at which he desires to vote apply to be registered as an elector and his application shall be processed in the same manner as the application of persons qualifying to vote in a November general election. The registrars shall thirty (30) days prior to such primary or election, other than the November general election cease taking applications to qualify persons to vote in such primary or election and shall, as soon as practicable thereafter but in no event later than five (5) days prior to such primary or election pass upon such qualifications in the same manner as in other cases and file with the clerk of the Superior Court and the Secretary of State a certified supplemental list showing the names of additional electors who are entitled to vote at such primary or election subsequent to the preceding November election. Any person whose name appears on such list may vote at such primary or election subject to the limitations prescribed in the provisions in the first sentence of section 34-624. The registrar shall purge such list before filing of the names of all persons who will not be qualified to vote at such primary or election. All electors on such list shall have the same rights as to the primaries and elections held subsequent to primaries or elections as persons on the list for the preceding November election. Section 4. Code section 34-631, relating to change of residence of elector, is hereby amended by striking subsections (c) and (d) and inserting in lieu thereof subsections (c) (d) and (e) to read as follows: (c) An elector who desires to transfer his registration as

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described in subsections (a) and (b) of this section shall make such application thirty (30) days prior to the primary or election in which he wishes to vote, and the board of registrars shall complete such transfer at least five (5) days prior to such primary or election. No person shall vote in any county other than the county of his residence except as provided in subsection (e) of this section. Code 34-631 amended. (d) In the event any elector moves to a residence within the county which has a different address from the address contained on the person's registration card, it shall be his duty to so notify the board of registrars of such fact thirty (30) days prior to the primary or election in which he wishes to vote, and the board of registrars shall place such person's name on the proper list of electors at least five (5) days prior to such primary or election. If the board, of its own knowledge, knows of such move, it shall make the proper change and notify the elector of such change. (e) Any provision of this Code to the contrary notwithstanding, an elector who moves from one county to another or moves to a new residence within the same county but a new election district within thirty (30) days prior to a primary or election may vote in the county or election district in which he is registered to vote. Section 5. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed; provided, however, if this Act or any portion hereof is disapproved by the United

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States District Court for the District of Columbia or if this Act is submitted to the United States Attorney General and he objects to the enforcement of this Act or any portion hereof pursuant to the authority granted to said court or to the United States Attorney General by the Voting Rights Act of 1965 (U.S.C. Section 1973c) the prior law or parts of law shall not be repealed. Approved April 18, 1975. ELECTIONSAUTOMATIC RECOUNT PROVIDED IN CERTAIN CIRCUMSTANCES. Code 34-1505 Amended. No. 528 (House Bill No. 196). An Act to amend Code section 34-1505, relating to a recount or recanvass of the votes, as amended, to provide for an automatic recount of the vote in certain circumstances; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 34-1505, relating to a recount or recanvass of votes, is hereby amended by adding at the end of said Code section a new subsection to be designated subsection (c) and to read as follows: (c) Whenever the difference between the number of votes received by a candidate who has been declared nominated for an office in a primary election or who has been declared elected to an office in an election or who has been declared eligible for a run-off primary or election and the number of votes received by any other candidate or candidates not declared so nominated or elected or eligible for a run-off shall be not more than one percent of the total votes which were cast for such office therein, any candidate or candidates receiving a sufficient number of votes so that the difference between his vote and that of a candidate

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declared nominated, elected or eligible for a run-off is not more than one percent of the total votes cast, within a period of five days following the certification of the election results, shall have the right to a recount of the votes cast if such request be made in writing by the losing candidate. The superintendent(s) shall order a recount of such votes to be made forthwith. If upon such recount, it is determined that the original count was incorrect, the returns and all papers prepared by the superintendent(s) or the Secretary of State shall be corrected accordingly and the results recertified. Recount. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed; provided, however, if this Act or any portion hereof is disapproved by the United States District Court for the District of Columbia or if this Act is submitted to the United States Attorney General and he objects to the enforcement of this Act or any portion hereof pursuant to the authority granted to said court or to the United States Attorney General by the Voting Rights Act of 1965 (U.S.C. Sec. 1973c) the prior law or parts of law shall not be repealed. Approved April 18, 1975. ELECTIONSFIREARMS PROHIBITED AT POLLING PLACES EXCEPT BY CERTAIN PEACE OFFICERS Code 34-1313 Amended. No. 529 (House Bill No. 197). An Act to amend Code section 34-1313, relating to regulations in force at polling places so as to prohibit the carrying of firearms except by certain peace officers; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 34-1313, relating to regulations in force at polling places, is hereby amended by adding at

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the end of said Code section a new subsection to be designated subsection (h) and to read as follows: (h) No person, except peace officers regularly employed by the federal, state, county or municipal government or certified security guard shall be permitted to carry firearms within two hundred fifty feet (250[UNK]) of any polling place. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed; provided, however, if this Act or any portion hereof is disapproved by the United States District Court for the District of Columbia, or if this Act is submitted to the U. S. Attorney General and he objects to enforcement of this Act or any portion hereof, pursuant to the authority granted to said court or to the Attorney General by the Voting Rights Acts of 1965, (42 U.S.C. Section 1973c), the prior law or parts of law shall not be repealed. Approved April 18, 1975. ELECTIONSREGULATIONS PROVIDED FOR HOLDING SPECIAL ELECTIONS AT TIME OF GENERAL ELECTION. Code 34-807 Amended. No. 530 (House Bill No. 198). An Act to amend Code section 34-807, relating to special elections held at the time of a general election so as to provide the regulations by which such special elections shall be held; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 34-807, relating to special elections held at the time of the general election is hereby amended by striking said Code Section in its entirety and substituting in lieu thereof the following:

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Section 34-807. Special election held at time of general election. Whenever a special primary or election to nominate or elect a public officer is held at the time of the general primary or election, the times specified for the closing of the registration list and the time in which candidates must qualify shall be the same as specified in this Code for general primaries or elections; provided, however, that if the call for a special primary or election is issued after the second Wednesday in June immediately prior to the November general election, a special election may be held at the time of the general or primary election according to the provisions of this Code relating to special primaries or elections but only so long as a separate special primary or election ballot is used. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed; provided, however, if this Act or any portion hereof is disapproved by the United States District Court for the District of Columbia, or if this Act is submitted to the U. S. Attorney General and he objects to enforcement of this Act or any portion hereof, pursuant to the authority granted to said court or to the Attorney General by the Voting Rights Act of 1965, (42 U.S.C. Sec. 1973c), the prior law or parts of law shall not be repealed. Approved April 18, 1975. GRAND JURORSMAXIMUM NUMBER OF NAMES DRAWN CHANGED. Code 59-203 Amended. No. 531 (House Bill No. 207). An Act to amend Code section 59-203, relating to the manner of drawing grand jurors and the number of names that may be drawn, as amended, so as to increase from 36 to 60 the maximum number of names that may be drawn; 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 59-203, relating to the manner of drawing grand jurors and the number of names that may be drawn, as amended, is hereby amended by striking therefrom the figure 36 and substituting in lieu thereof the figure 60, so that when so amended Code section 59-203 shall read as follows: 59-203. Manner of drawing. The judges of the superior courts, at the close of each term, in open court, shall unlock the box, and break the seal, and cause to be drawn from compartment number `one' not less than 18 nor more than 60 names to serve as grand jurors at the next term of the court; all of which names shall be deposited in compartment number `two'; and when all the names shall have been drawn out of the compartment number `one', then the drawing shall commence from compartment number `two', and the tickets be returned to number `one', and so on alternately; and no name so deposited in the box shall, on any pretense whatever, be thrown out of it, or destroyed, except when it shall be satisfactorily shown to the judge that the juror is dead, removed out of the county, or otherwise disqualified by law. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. PUBLIC CONTRACTSPERFORMANCE BONDSMAXIMUM CONTRACT AMOUNT CHANGED. Code 23-1705(3) Amended. No. 532 (House Bill No. 215). An Act to amend section 23-1705(3) of the Code of Georgia of 1933, as amended, which required contractors to give

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performance and payment bonds to the state, counties and municipalities on certain contracts for the doing of any public work, so as to increase from $1,000 to $5,000 the amount of total contract price for which no bond is required; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That section 23-1705(3) of the Code of Georgia of 1933 (Ga. L. 1956, p. 340), is hereby amended to strike the phrase, one thousand dollars ($1,000.00), and to substitute in lieu thereof the phrase, five thousand dollars ($5,000.00), so that, when amended, such section 23-1705(3) shall read: (3) Provided, however, that this section shall not apply where the total contract price does not exceed five thousand dollars ($5,000.00). Code 23-1705(3) amended. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. REVENUETAX EXECUTIONS TO BEAR INTEREST AT MAXIMUM RATE. Code 92-7601 Amended. No. 533 (House Bill No. 218). An Act to amend Code section 92-7601, relating to interest on executions issued for taxes, so as to change the provisions

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relative to such interest; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 92-7601, relating to interest on executions issued for taxes, is hereby amended by striking therefrom the word, seven and inserting in lieu thereof the word, nine, so that when so amended, said Code section shall read as follows: 92-7601. Executions on which interest allowed; rate; effect of imposition of penalties. All executions issued for taxes due the State, any county thereof, or any municipal corporation therein, whether issued on assessments for permanent improvements of streets or sewers of said municipal corporation, or otherwise, shall bear interest at the rate of nine per cent, per annum from the time fixed by law for issuing the same: Provided, that this section shall not apply to taxes or tax fi. fas. issued by any municipal corporation imposing penalties for failure to pay taxes. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. EDUCATIONSCHOOL BUS DRIVERSBASIS FOR SICK LEAVE ALLOTMENT OF FUNDS PROVIDED, ETC. No. 534 (House Bill No. 224). An Act to amend an Act known as the Adequate Program for Education in Georgia Act, approved March 26, 1974 (Ga. L. 1974, p. 1045), so as to provide the basis for the allotment of funds for the payment of sick and personal leave expenses of school bus drivers; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. An Act known as the Adequate Program for Education in Georgia Act, approved March 26, 1974 (Ga. L. 1974, p. 1045), is hereby amended by designating all of the portion of section 16 following the caption as subsection (a) thereof and by adding a new subsection at the end of section 16 to be designated subsection (b) and to read as follows: (b) The amount of funds needed by a local unit of administration during a fiscal year for sick and personal leave expenses of school bus drivers shall be determined by multiplying the number of school busses allotted to a local unit of administration pursuant to section 25 of this Act by a sum of money not less than $75.00. 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 subsection. Funds. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. GEORGIA CODE OF PUBLIC TRANSPORTATION CODE AMENDEDMETHOD OF CONDEMNING PRIVATE PROPERTY FOR ROADS CHANGED. Code 95A-605 Amended. No. 535 (House Bill No. 245). An Act to amend an Act approved April 18, 1973, known as the Georgia Code of Public Transportation (Ga. L. 1973, p. 947), as amended by an Act approved March 21, 1974 (Ga. L. 1974, p. 533) and an Act approved March 28, 1974 (Ga. L. 1974, p. 1111) and an Act approved March 28, 1974 (Ga. L. 1974, p. 1422) so as to change the method of condemning private property and interests therein for the public road purposes by the Department of Transportation; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. An Act approved April 18, 1973, known as the Georgia Code of Public Transportation (Ga. L. 1973, p. 947), as amended by an Act approved March 21, 1974 (Ga. L. 1974, p. 533) and an Act approved March 28, 1974 (Ga. L. 1974, p. 1111) and an Act approved March 28, 1974 (Ga. L. 1974, p. 1422) is hereby amended by striking from section 95A-605 (a) the following: the Attorney General of Georgia or his duly authorized assistant Attorney General; and by inserting in lieu thereof the following: the Commissioner or the Deputy Commissioner of the Department of Transportation; so that when so amended section 95A-605 (a) of said Act shall read as follows: Section 95A-605. Condemnation by declaration of taking for public road purposes; deposit of funds; title of condemnor. (a) Filing of declaration. Whenever it shall be desired to take or damage private property, including the taking or damaging of scenic easements, air rights, rights-of-access, and other interests in land, for any public road purpose, the petitioner may institute proceedings in the superior court having jurisdiction and shall file a declaration of taking signed by: the Commissioner or the Deputy Commissioner of the Department of Transportation if seeking to acquire property on behalf of the Department, or the county governing authority if seeking to condemn for county road system purposes, or the municipal governing authority, if seeking to condemn for municipal street system purpose; and shall declare that said lands are hereby taken for the use of the condemnor, subject to the order of the court hereinafter provided for. Said declaration of taking shall contain or have annexed thereto; (1) A statement of the authority under which, and the public use for which, said lands are taken;

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(2) A description of the lands taken, sufficient for the identification thereof; (3) A statement of the estate or interest in said lands taken for said public use; (4) A plat showing the lands taken; (5) A statement of the sum of money estimated by said condemning authority to be just compensation for the land taken, including consequential damages to land not taken, accompanied by a sworn copy as an exhibit of the appraiser's statement justifying said sum; and (6) A certified copy of an order by the Commissioner if the property is being condemned for the Department, or by the county or municipality if the property is being condemned for the county or municipality, finding that the circumstances are such that it is necessary to proceed in the particular case under the provisions of this Chapter, and specifically authorizing condemnation under the provisions of this Chapter. Such an order of the Commissioner or governing authority shall be conclusive as to the use of the property condemned, as well as the authority to condemn under the provisions of this Chapter.. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. HUSBAND AND WIFEACTS REPEALED REQUIRING CERTAIN CRIMINAL PROSECUTIONS. Code 53-314, 53-315 Repealed. No. 536 (House Bill No. 246). An Act to repeal Code section 53-314 and 53-315 of the Code of Georgia of 1933 relating to the duty of the Attorney

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General to institute criminal proceedings under certain circumstances against the parents of a racially mixed marriage and the institution of impeachment proceedings against the Attorney General if he fails or refuses to prosecute such violation; 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 53-314 of the Georgia Code of 1933 relating to the duty of the Attorney General to institute criminal proceedings against the parents of a child resulting from a racially mixed marriage is hereby repealed in its entirety. Code 53-314 repealed. Section 2. Code section 53-315 of the Georgia Code of 1933 relating to the institution of impeachment proceedings against the Attorney General if he fails or refuses to prosecute such violations described in section 1 of this Act is hereby repealed in its entirety. Code 53-315 repealed. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. STATE EMPLOYEESAUTOMOBILE REIMBURSABLE EXPENSES INCREASED. No. 537 (House Bill No. 247). An Act to amend an Act authorizing the Department of Administrative Services to establish and operate motor pools and relating to the use of State and privately owned motor vehicles by officials, officers and employees of the State or any agency thereof, approved April 6, 1972 (Ga. L.

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1972, p. 1125), so as to increase to twelve cents ($.12) per mile the rate at which the State reimburses expenses incurred by State officers, officials and employees in operating private motor vehicles while engaged in the service of the State or any agency thereof; to provide for exceptions; to provide for additional reimbursement for parking and toll fees incurred while so engaged, regardless of the ownership of the vehicle; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act authorizing the Department of Administrative Services to establish and operate motor pools and relating to the use of State and privately owned motor vehicles by officials, officers and employees of the State or any agency thereof, approved April 6, 1972 (Ga. L. 1972, p. 1125), is hereby amended by striking section 2 of said Act, which reads as follows: Section 2. The officers, officials and employees of the various Departments, Institutions, Boards, Bureaus, and Agencies of the State shall be paid 10 cents per mile as traveling expense when traveling in the service of the State or any agency thereof by automobile, except as provided otherwise in the General Appropriations Act. This section shall not apply to officers, officials, and employees traveling in State owned automobiles or rental automobiles., in its entirety and inserting in lieu thereof a new section 2 to read as follows: Section 2. The officers, officials and employees of the Executive, Legislative and Judicial Branches of State Government, except members of the General Assembly who shall be paid as otherwise provided by law, shall be paid 12 cents per mile as traveling expense and shall, in addition to mileage, be reimbursed for actual expenses incurred by reason of tolls and parking fees, when traveling in the service of the State or any agency thereof by automobile. Mileage shall not be recoverable by such officers, officials,

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and employees traveling in State-owned automobiles or rental automobiles. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT AMENDEDDOMINION OF CANADA INCLUDED. No. 538 (House Bill No. 258). An Act to amend an Act known as the Uniform Reciprocal Enforcement of Support Act, approved February 20, 1958 (Ga. L. 1958, p. 34), so as to provide for reciprocal enforcement of support with any province or territory of the Dominion of Canada; to change the definition of a certain term; to change the provisions relating to the duty of a court of this State when this State is the initiating State; to provide for the Attorney General to determine which provinces or territories of the Dominion of Canada have reciprocal provisions relating to enforcement of support; 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 Reciprocal Enforcement of Support Act, approved February 20, 1958 (Ga. L. 1958, p. 34), is hereby amended by adding in subsection (1) of section 2 between the word Columbia and the words in which, the following: and any province or territory of the Dominion of Canada, so that when so amended, subsection (1) shall read as follows:

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(1) `State' includes any state, territory or possession of the United States and the District of Columbia and any province or territory of the Dominion of Canada in which this or a substantially similar reciprocal law has been enacted. Section 2. Said Act is further amended by adding immediately following section 2, a new section to be designated section 2A, to read as follows: Where the Attorney General is satisfied that reciprocal provisions will be made by any province or territory of the Dominion of Canada, the Attorney General may declare such province or territory to be a reciprocating state for the purpose of this Act. Any such order declaring that a province or territory is a reciprocating state may be revoked by the Attorney General, and thereupon the province or territory with respect to which the order was made shall cease to be a reciprocating state for the purpose of this Act; provided, however, that such revocation shall not affect any actions which have been adjudicated in the responding state or which have been received by the State of Georgia as the responding state. Section 3. Said Act is further amended by adding at the end of section 12, a new paragraph to read as follows: If the responding state is a province or territory of the Dominion of Canada, the court of this State shall also set forth in his certificate the weekly or monthly amount in United States money which, in his opinion, the respondent should be required to pay for support of the petitioner, but such recommendation is provisional only and subject to confirmation or modification by the court of the responding state. Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975.

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SCHOOLSLAW ENFORCEMENT AGENCIES TO STUDY TRAFFIC SAFETY REQUIREMENTS OF SCHOOLS, ETC. No. 539 (House Bill No. 263). An Act to provide that the local law enforcement agency charged with the responsibility for law enforcement within the school district attendance area and the board of education of each county and independent school system of this State shall study and evaluate the traffic safety requirements of the school system and the various individual schools therein; to provide for the identification of school safety crossings and motor vehicle traffic patterns by the responsible law enforcement agency; to provide that the traffic safety officer shall advise the school board and school superintendent relative to compliance by the school system with State laws, policies and regulations; 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 local law enforcement agency charged with the responsibility for law enforcement within the school district attendance area and the board of education of each county and independent school system of this State shall study and evaluate the traffic safety requirements of the school system and the various individual schools therein. The responsible law enforcement agency shall take appropriate action to identify school safety crossings and motor vehicle traffic patterns on and around school grounds. The traffic safety officer of the local law enforcement agency shall advise the school board and the school superintendent relative to compliance by the school system with State laws, policies and regulations of the State agencies requiring safety standards and practices. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975.

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ASSISTANT DISTRICT ATTORNEYSPAYMENT OF CERTAIN EXPENSES PROVIDED. No. 540 (House Bill No. 266). 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 by an Act approved March 20, 1974 (Ga. L. 1974, p. 360), so as to provide for the payment of certain expenses incurred by said assistant district attorneys in the performance of their official duties; 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 for certain assistant district attorneys in certain judicial circuits, approved March 24, 1970 (Ga. L. 1970, p. 716), as amended by an Act approved March 20, 1974 (Ga. L. 1974, p. 360), is hereby amended by adding, following section 1, a new section to be known as section 1A, to read as follows: Section 1A. (a) Any assistant district attorney appointed pursuant to the provisions of this Act shall be entitled to receive in addition to any other compensation provided by this Act or by any laws of this State, reimbursement for travel expenses incurred in the performance of his official duties; provided any reimbursement received hereunder shall be in lieu of such expenses and supplements presently paid by local governing authorities. (b) The expenses provided for herein shall be paid for the following purposes and in the following manner: (1) For transportation within the State of Georgia to and from a county outside of the residence of such assistant district attorney, if the same is by privately-owned motor vehicle, such assistant district attorney shall receive and be paid a travel expense allowance for each mile traveled in the same amount as is now or may hereafter be paid and

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received by the officers, officials and employees of the various departments, institutions, boards, bureaus and agencies of the State of Georgia. (2) The actual cost of transportation shall be allowed to and from a county outside of the residence of such assistant district attorney, if such transportation is by public conveyance. (3) The actual cost of meals and lodging incurred up to a maximum of $25.00 per day by the assistant district attorney shall be allowed if incurred in a county outside of the residence of the assistant district attorney. (4) Each assistant district attorney shall, once a month, submit a detailed and certified statement of the items of expense, as authorized by this section, to the State Auditor. The State Auditor shall audit each account and approve same for payment, if found correct, and transmit the total amount to the fiscal division of the Department of Administrative Services for the payment from the funds available for the operation of the superior courts of this State. (c) Nothing in this section shall be construed to authorize the reimbursement of any travel expenses incurred by any assistant district attorney, including but not limited to the cost of meals or lodging, by virtue of his residence being in a county other than that in which his regular duty station within his judicial circuit is located. Section 2. This Act shall become effective on July 1, 1975. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975.

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SHERIFFS' RETIREMENT FUND ACT AMENDEDREINSTATEMENT PROVISIONS MADE. No. 541 (House Bill No. 267). An Act to amend an Act creating the Sheriffs' Retirement Fund of Georgia, approved April 16, 1963 (Ga. L. 1963, p. 630), as amended by an Act approved April 9, 1968 (Ga. L. 1968, p. 1203), as amended by an Act approved April 23, 1969 (Ga. L. 1969, p. 586), as amended by an Act approved March 31, 1972 (Ga. L. 1972, p. 705), as amended by an Act approved April 17, 1973 (Ga. L. 1973, p. 892), as amended by an Act approved April 19, 1973 (Ga. L. 1973, p. 1414), as amended by an Act approved March 28, 1974 (Ga. L. 1974, p. 1191), as amended by an Act approved March 28, 1974 (Ga. L. 1974, p. 1194), to provide that the Board of Commissioners may accept certain applications for reinstatement in said Fund from prior members who have withdrawn the total sum which they have paid into the fund in dues; to provide interest and penalty requirements to be paid by said prior members seeking reinstatement; to set a deadline for the filing of said applications for reinstatement with the secretary-treasurer of said Board of Commissioners; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Sheriffs' Retirement Fund of Georgia, approved April 16, 1963 (Ga. L. 1963, p. 630), as amended by an Act approved April 9, 1968 (Ga. L. 1968, p. 1203), as amended by an Act approved April 23, 1969 (Ga. L. 1969, p. 586), as amended by an Act approved March 31, 1972 (Ga. L. 1972, p. 705), as amended by an Act approved April 17, 1973 (Ga. L. 1973, p. 892), as amended by an Act approved April 19, 1973 (Ga. L. 1973, p. 1414), as amended by an Act approved March 28, 1974 (Ga. L. 1974, p. 1191), as amended by an Act approved March 28, 1974 (Ga. L. 1974, p. 1194), is hereby amended by striking section 15 of said Act in its entirety and inserting in lieu thereof the following:

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Section 15. (a) Any member may withdraw the total sum which he has paid into the fund as dues, without interest thereon, at any time before retirement and his commencement of drawing retiring benefits, but he shall not be eligible at any time after such withdrawal to again become a member of such retirement fund or to receive any benefits provided in this Chapter. Section 15. (b) Notwithstanding any provision of section 15(a), any prior member who has withdrwan the total sums which he has paid into the fund as dues prior to January 1, 1975, may be reinstated as a member of the Fund by meeting the following requirements: (1) He may claim credit for all prior services as a sheriff (only) by tendering payment of all dues which he would have paid had he been a member of the fund, with interest thereon at eight per cent per annum and with such reasonable penalty as may be provided for by said board of commissioners; in no event shall any sheriff who avails himself of this provision be permitted to claim credit for any prior service as a peace officer (except sheriff) or as a member of any of the armed services of the United States; and (2) Said application for reinstatement is filed by the prior member seeking reinstatement with the secretary-treasurer of said board of commissioners on or before June 30, 1975. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975.

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JURORSMECHANICAL SELECTION PROVIDED, ETC. Code 59-108 Amended. No. 542 (House Bill No. 288). An Act to amend Code section 59-108, relating to jury boxes, as amended by an Act approved February 27, 1962 (Ga. L. 1962, p. 1117), and an Act approved April 10, 1971 (Ga. L. 1971, p. 626), so as to provide for the creation of plans for the selection of persons to serve as jurors by mechanical or electronic means; to provide for rules of the superior courts; to require the clerk of the superior court to implement and maintain jury selection processes established by such plans; to provide that plans for the selection of jurors by mechanical or electronic means shall comply with certain requirements; to provide for the amendment of such plans; to provide for practices and procedures in connection with the foregoing; 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 section 59-108, relating to jury boxes, as amended by an Act approved February 27, 1962 (Ga. L. 1962, p. 1117), and an Act approved April 10, 1971 (Ga. L. 1971, p. 626), is hereby amended by adding at the end thereof two new subsections, to be designated subsections (e) and (f), to read as follows: (e) In lieu of the procedure set forth in subsection (a), the senior judge of the superior court in any county having facilities available for the implementation of this subsection, with the concurrence of the other judge or judges of the superior court, may establish a plan for the selection of persons to serve as jurors in such county by mechanical or electronic means. Such plan shall be established by a duly published and filed rule of the court. The clerk of the superior court, as clerk of the board of jury commissioners,

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shall implement and maintain the jury selection process established by such plan. And such plan: (1) shall provide for a fair, impartial and objective method of selecting persons for jury service with the aid of mechanical or electronic equipment, using the jury lists compiled by the board of jury commissioners in accordance with Code section 59-106; (2) shall contain adequate safeguards relative to the creation, handling, maintenance, processing and storage of magnetic tapes, date banks, and other materials and records used in the selection process; (3) shall contain such other regulations and guidelines necessary to fully implement the provisions of this subsection and to facilitate the use of the plan for the selection of persons for jury service by all of the courts in such county; and (4) may be amended from time to time as necessary to keep the entire jury selection process updated. (f) In any county in which a plan has been established under the provisions of subsection (e) of this section, such plan shall conform as nearly as practicable to the provisions of subsections (b), (c), and (d) of this section. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. JURY COMMISSIONERSAPPOINTMENT PROVISIONS CHANGED. Code 59-101 Amended. No. 543 (House No. 289). An Act to amend Code section 59-101, relating to the appointment, number, qualifications, terms and removal of

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jury commissioners, as amended by an Act approved March 15, 1935 (Ga. L. 1935, p. 151), so as to provide that members of the board of jury commissioners shall be appointed by the senior judge of the superior court; to provide that the senior judge of the superior court may establish by court rule a board of jury commissioners composed of not less than three nor more than five members; to provide for the composition, appointment, and terms of office of the board of jury commissioners; to provide that in all cases the senior judge shall have the right to remove said commissioners at any time, in his discretion, for cause; 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 section 59-101, relating to the appointment, number, qualifications, terms and removal of jury commissioners, as amended by an Act approved March 15, 1935 (Ga. L. 1935, p. 151), is hereby amended by striking the first paragraph of said Code section which reads as follows: 59-101. Jury commissioners; appointment; number; qualifications; terms; removal.There shall be a board of jury commissioners composed of six discreet persons, who are not practicing attorneys at law nor county officers, who shall hold their appointment for six years, and who shall be appointed by the Judge of the Superior Court. On the first appointment two shall be appointed for two years, two for four years, and two for six years, and their successors shall be appointed for six years. The judge shall have the right to remove said commissioners at any time in his discretion, for cause, and appoint a successor. Provided, that no person shall be eligible or appointed to succeed himself as a member of said board of jury commissioners., and inserting in lieu thereof a new first paragraph of Code section 59-101 to read as follows: 59-101. Jury commissioners; appointment; number; qualifications; terms; removal. In each county there shall

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be a board of jury commissioners composed of six discreet persons, who are not practicing attorneys at law nor county officers, and who shall be appointed by the senior Judge of the Superior Court; provided, that in any county the senior Judge of the Superior Court may establish by court rule duly published and filed a board of jury commissioners composed of not less than three nor more than five members. In counties in which the numerical composition of the board has been established by court rule, the first appointments to the board shall be fixed in such a manner that not more than one member's term shall expire during any calendar year. The senior Judge shall adjust the composition and terms of members of the board in office at the time of the publication of the court rule. Successors to members of the board originally appointed under the provisions of a court rule shall be appointed for a term of six years. When the board is composed of six members, on the first appointment two shall be appointed for two years, two for four years and two for six years and their successors shall be appointed for a term of six years. In all cases, the senior Judge shall have the right to remove said commissioners at any time, in his discretion, for cause, and appoint successors: Provided, that no person shall be eligible or appointed to succeed himself as a member of said board of jury commissioners. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. COUNTY BOARDS OF EDUCATIONQUALIFICATION OF MEMBERS PROVIDED (400,000 - 500,000). Code 32-903.2 Enacted. No. 544 (House Bill No. 299). An Act to amend Code Chapter 32-9, relating to county boards of education, as amended, particularly by an Act approved March 16, 1972 (Ga. L. 1972, p. 236), so as to

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prohibit members of the county boards of education of certain counties of this State from holding other elective governmental office; to provide for vacancies in the membership of such county boards of education under certain circumstances and for the filling of such vacancies; 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 Chapter 32-9, relating to county boards of education, as amended, particularly by an Act approved March 16, 1972 (Ga. L. 1972, p. 236), is hereby amended by adding a new Code section between Code sections 32-903.1 and 32-904 to be designated Code section 32-903.2 and to read as follows: 32-903.2. Certain qualifications of school board members of certain counties provided. In all counties of this State having a population of not less than 400,000 or more than 500,000 according to the United States Decennial Census of 1970 or any future such census, the members of the county boards of education of such counties, effective for all such members taking office after December 1, 1975, shall not hold any other elective governmental office. If any member of any such county board of education, at any time after December 1, 1975, should qualify for nomination or election to any other elective governmental office, other than for membership on such county board of education, his position on such county board of education shall thereby become vacant, and such vacancy shall be filled as provided by the law applicable to any such county board of education. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975.

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SHERIFFS' RETIREMENT FUND ACT AMENDEDBOARD OF COMMISSIONERS REQUIRED TO GIVE BOND, ETC. No. 545 (House Bill No. 335). 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 subsequently amended, and particularly as amended by the Act approved April 9, 1968 (Ga. L. 1968, p. 1203), so as to provide that each member of the Board of Commissioners of the Sheriffs' Retirement Fund shall give bond for the proper and faithful performance of his duties; to provide for the amount of such bond; to provide for the effective date of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 2 of 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 subsequently amended, is hereby further amended by adding the following language to said section 2, without a new paragraph, to wit: Each member of such Board of Commissioners shall be required to give a good and sufficient surety bond in the penal sum of not less than Ten Thousand ($10,000.00) Dollars payable to the Board of Commissioners of the Sheriffs' Retirement Fund of Georgia and conditioned upon the proper and faithful performance of the duties of such member. The cost and expense of such bond shall be payable from the funds of the Sheriffs' Retirement Fund of Georgia. Section 2. As herein amended, said section 2 shall read as follows: The membership of said board shall consist of the president of the Georgia Sheriff's Association, by virtue of his office as such president, who shall be chairman of the Board of Commissioners of the Sheriffs Retirement Fund of Georgia, the president of the Association of County

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Commissioners of Georgia, by virtue of his office as such president, and three other sheriffs elected by the Georgia Sheriffs' Association, from its membership, at its annual convention. Such elected members shall each serve for a term of three years and one such member shall be elected each year at the annual convention of said Georgia Sheriffs' Association; Provided, that the elected members presently serving on said board of commissioners shall continue to serve until the expiration of their respective terms, and until their successor is elected as hereinbefore specified and has qualified to serve. Such elected members from the Georgia Sheriffs' Association shall be members of said Georgia Sheriffs' Association and shall also be active members of the Sheriffs' Retirement Fund of Georgia. All terms of members of said board of commissioners shall begin immediately upon election. Death, resignation, removal from office, or ceasing to hold office as a sheriff of a superior court in this State or county commissioner or an active member of this fund, as the case may be, for any reason other than retirement under the provisions of this Chapter shall terminate that member's standing as a board member, and shall create a vacancy in that position on said board. Should a vacancy occur on said board of commissioners in either of the positions held by the president of said county commissioners' association or the president of the Georgia Sheriffs' Association, the remaining members of said board of commissioners shall elect a qualified member of said county commissioners' association or said sheriffs' association, as the case may be, to fill the unexpired term of office so vacated. Should a vacancy occur in any of the other positions on said board of commissioners, the remaining members thereof shall elect a qualified member of said sheriffs' association to fill the vacancy until the next annual convention of said sheriffs' association, at which convention said association shall elect one of its members to fill the unexpired term, if any, of such position so vacated. Three members of said board of commissioners shall constitute a quorum for the conducting of business. All members of said board of commissioners shall serve without pay, but shall be reimbursed for actual expenses incurred in attending meetings and performing duties required as members of said board. Each member of such board of commissioners

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shall be required to give a good and sufficient surety bond in the penal sum of not less than Ten Thousand ($10,000.00) Dollars payable to the board of commissioners of the Sheriffs' Retirement Fund of Georgia and conditioned upon the proper and faithful performance of the duties of such member. The cost and expense of such bond shall be payable from the funds of the Sheriffs' Retirement Fund of Georgia. Section 4. All laws or parts of laws in conflict with this Act are hereby repealed. Section 5. This Act shall become effective upon its approval by the Governor or its becoming law without his approval. Effective date. Approved April 18, 1975. DENTAL HYGIENISTSAGE REQUIREMENTS CHANGED. No. 546 (House Bill No. 348). An Act to amend that Act which provides for the examination and licensing of dental hygienists, approved February 25, 1949 (Ga. L. 1949, p. 1192), as amended, so as to change the minimum age for qualification; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That Act which provides for the examination and licensing of dental hygienists, approved February 25, 1949 (Ga. L. 1949, p. 1192), as amended, is hereby amended by striking section 3 in its entirety and substituting in lieu thereof a new section 3 to read as follows: Section 3. No person shall be entitled to, or be issued, such license and license certificate as set out in section 1

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of this Act, unless such person shall be at least 18 years of age, of good moral character, and a graduate of a school or college for dental hygienists recognized by the Board of Dental Examiners, which school conducts a course consisting of not less than one academic year for dental hygienists. Age. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. STATE TRANSPORTATION BOARDGREAT SEAL OF STATE TO BE AFFIXED TO COMMISSIONS OF MEMBERS. Code 95A-306 Amended. No. 547 (House Bill No. 353). An Act to amend Code section 95A-306, relating to the State Transportation Board, as amended, so as to provide that the great seal of the State shall be affixed to the commissions of the members of said Board; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 95A-306, relating to the State Transportation Board, as amended, is hereby amended by adding in subsection (b) of said section, after the words, his commission thereon, the following: , with the great seal of the State affixed thereto, so that when so amended subsection (b) shall read as follows:

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(b) Selection and term of office. The enactment into law of this section shall not affect the terms of office of the members of the Board then existing. Upon the expiration of the term of office of each such member, his successor and all successive members thereafter shall be selected in the manner hereinafter provided to serve for a term of five years and until his successor is duly elected and certified. The member of the Board from each congressional district shall be elected by a majority vote of the members of the House of Representatives and Senate from the counties and senatorial districts embraced or partly embraced within such congressional district, meeting in caucus at the regular session of the General Assembly immediately preceding the expiration of the term of office of each such Board member. Said caucus shall be called at the State Capitol by the Speaker of the House of Representatives and the President of the Senate within the first ten (10) days of the convening of the General Assembly in regular session by mailing to the members of the General Assembly, who are affected, written notice at least four days before the caucus, which notice shall state the time, place, and purpose of said caucus. Within fifteen (15) days after each such election, the Speaker of the House, and the President of the Senate shall jointly transmit a certificate of such election to the Secretary of State who, upon receipt thereof, shall immediately issue his commission thereon, with the great seal of the State affixed thereto. Code 95A-306 amended. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975.

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REVENUEINTEREST RATE ON UNPAID TAXES CHANGED. Code 92-5001 Amended. No. 549 (House Bill No. 365). An Act to amend Code Title 92, relating to public revenue, as amended, so as to change the provisions relating to rate of interest on unpaid taxes on December 20th in each year; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Title 92, relating to public revenue, as amended, is hereby amended by striking the period at the end of Code section 92-5001, relating to rate of interest, as amended, and inserting in lieu thereof the following: provided, further, that after notices of taxes due are mailed out, each taxpayer shall be afforded 60 days from date of postmark to make full payment of taxes due before such taxes shall bear interest as provided in this section., so that when so amended, Code section 92-5001 shall read as follows: 92-5001. Rate of Interest. All taxes due the State or any county thereof remaining unpaid on December 20th in each year shall bear interest in the highest legal rate provided by law, per annum from said date, and the several tax collectors shall collect the interest on such unpaid taxes and account for same in their final settlements, provided that the minimum interest payment on such unpaid taxes shall be one dollar, provided, further, that after notices of taxes due are mailed out, each taxpayer shall be afforded 60 days from date of postmark to make full payment of taxes due before such taxes shall bear interest as provided in this section except for those counties that have provided by law for a lesser time. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975.

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MOTOR VEHICLESMOTOR CONTRACT CARRIERSMOTOR COMMON CARRIERSCERTAIN PROVISIONS CHANGED. Code Title 68 Amended. No. 550 (House Bill No. 377). An Act to amend Title 68 of the Code of Georgia, relating to motor vehicles, as amended, so as to delete therefrom certain provisions pertaining to the drivers and equipment of motor contract carriers and motor common carriers which conflict with the rules and regulations of the Georgia Public Service Commission pertaining to motor carrier safety; 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 68 of the Code of Georgia, relating to motor vehicles, as amended, is hereby amended by deleting in its entirety Code section 68-522, relating to the maximum permissible hours a driver may operate a motor contract carrier vehicle. Code 68-522 repealed. Section 2. Said Title is further amended by deleting in its entirety Code section 68-628, relating to the maximum permissible hours a driver may operate a motor common carrier. Code 68-628 repealed. Section 3. Said Title is further amended by deleting in its entirety Code section 68-704, relating to the prohibition of the operation of motor vehicles for hire pulling trailers. Code 68-704 repealed Section 4. Said Title is further amended by deleting in its entirety Code section 68-705, relating to the requirement of mirrors for motor vehicle for hire. Code 68-705 amended. Section 5. Said Title is further amended by deleting in its entirety Code section 68-706, relating to the examination of drivers and devices for regulating speed of motor vehicles for hire. Code 68-706 repealed. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975.

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METROPOLITAN RIVER PROTECTION ACT AMENDED. No. 551 (House Bill No. 380). An Act to amend an Act providing for the preparation and implementation of comprehensive plans for the protection of major streams which are the primary source of drinking water for certain metropolitan areas, approved March 16, 1973 (Ga. L. 1973, p. 128), so as to correct certain definitions; to provide that notice of hearings held pursuant to that Act shall be advertised once a week for two weeks; to provide for the time of filing of certain information required under the Act; to allow certificates to become effective prior to 60 days from submission to the Commission; to provide for prereview by the Commission of applications for certificates where requested by the applicant and the governing authority involved; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the preparation and implementation of comprehensive plans for the protection of major streams which are the primary source of drinking water for certain metropolitan areas, approved March 16, 1973 (Ga. L. 1973, p. 128), is hereby amended by deleting the words the governing authority of from subsection (k) of section 2 of said Act so that, as amended, subsection (k) of section 2 shall read as follows: (k) `Political subdivision' means a county or a municipality in which the section of the River corridor to be affected or any part thereof is located. Political subdivision defined. Section 2. Said Act is further amended deleting the words paragraph (c) from subsection (1) of section 2 of said Act and substituting therefor the words paragraph (2) so that, as amended, subsection (1) of section 2 shall read as follows:

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(1) `Governing authority' means the governing authority of a political subdivision or, except for the purposes of paragraph (2) of subsection (c) of section 6 of this Act, a committee of such governing authority. Governing authority defined. Section 3. Said Act is further amended by inserting the words once a week in subsection (a) of section 4 of said Act so that, as amended, subsection (a) of section 4 shall read as follows: (a) Prepare and keep up to date a comprehensive, coordinated land and water use plan for the stream corridor. The plan, as prepared and approved by the Commission, shall set land use criteria for flood and flood damage prevention, erosion and siltation control, water quality protection, and intensity of development in the stream corridor. The plan, as adopted by the Commission, shall be transmitted to each political subdivision within three months after the effective date of this Act. The Commission may, after hearing, utilize or adopt an existing plan or plans as the plan called for by this Act. The Commission may from time to time revise the plan or portions thereof, and any such revisions of the plan shall be transmitted promptly after adoption. Prior to the adoption of the plan, or of any substantial portion or any revision of the plan, the Commission shall hold a public hearing on the proposed plan, or portion or revision thereof, in each county in which any land affected by the plan or, in the case of a portion or revision of the plan, in which any land affected by such portion or revision lies. The Commission shall cause notice of the time and place of each such public hearing to be published once a week for two weeks in one or more newspapers of general circulation in each county in which land to be affected lies. Any such land and water use plan shall be prepared in consultation and with assistance of the county or city governing authority where the land to be affected lies. Plans. Section 4. Said Act is further amended by striking the words until review by the Commission in accordance with section 5 of this Act. in paragraph (1) of subsection (b) of section 5 of said Act and substituting therefor the words

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until reviewed or prereviewed by the Commission in accordance with section 6 or section 7 of this Act. so that, as amended, paragraph (1) of subsection (b) of section 5 shall read as follows: (b) (1) After adoption of the plan, or any portion thereof, it shall be unlawful within those areas regulated by the plan or any portion thereof for any person to erect, use, maintain, suffer or permit a structure, dam, obstruction, deposit, clearing or excavation in or on the stream corridor which will be incompatible or inconsistent with the plan, or any portion thereof. A proposed land or water use shall be deemed to be not in compliance with the plan unless and until the governing authority of the political subdivision authorizes the issuance of a certificate for the proposed use after making a specific finding that such use is in compliance with the plan or portion thereof; provided that such certificate shall not become effective until reviewed or pre-reviewed by the Commission in accordance with section 6 or section 7 of this Act. In making the finding required by this subsection, the governing authority shall follow the criteria set forth by the plan, or portion thereof, for water quality protection, flood and flood damage prevention, erosion and siltation control and intensity of development. Adoption of plan. Section 5. Said Act is further amended by adding at the end of subsection (c) of section 5 of said Act the following: The information required under paragraph (2) of subsection (b) of this section shall be filed in final form and be available for public inspection prior to such hearing., so that, as amended, subsection (c) of section 5 shall read as follows: (c) The governing authority shall hold a hearing before issuing or denying any certificate under this section. The form and procedure for such hearings shall be determined by the governing authority involved, provided that all interested persons shall be afforded adequate notice of such hearings and an opportunity to be present and express their views. The information required under paragraph (2) of

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subsection (b) of this section shall be filed in final form and be available for public inspection prior to such hearing. Hearing. Section 6. Said Act is further amended by deleting at the beginning of subparagraph (b) of section 6 of said Act, the words: No certificate shall become effective until sixty days have elapsed after its submission to the Commission., so that, as amended, subsection 6 shall read as follows: (b) If, from the certificate, findings and supporting data, or from its own investigation, the Commission finds that there are inconsistencies between the plan and the proposed land or water use authorized by the certificate, the Commission may recommend modification of the certificate in such manner as to be consistent with the plan. If the Commission fails to recommend modification of the certificate within sixty days from submission of such certificate to the Commission, the certificate shall become effective as issued. Section 7. Said Act is further amended by striking in its entirety section 7 of said Act and substituting in lieu thereof a new section 7 to read as follows: Section 7. Prereview Procedure. (a) In order to simplify procedures and avoid delays in the utilization of land or water resources, the Commission may prereview any application for a certificate under this Act upon written request for such prereview made by the applicant with the written consent of the governing authority of the political subdivision involved, or upon the written request for prereview of an application made by the governing authority of the political subdivision involved. Each such request for prereview shall be accompanied by all of the information required under subsection 5 (b) (2) of this Act, including all information currently required by the governing authority of the political subdivision involved. The Commission may, after reviewing the application, make a finding that the proposed land or water use as shown in the application submitted

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for prereview is consistent with the plan or, if it finds that such land or water use is inconsistent with the plan, recommend modification of the proposed land or water use in such manner that such land or water use will be consistent with the plan. The Commission shall transmit its findings or recommendations with respect to the application to the political subdivision involved within 60 days from the date of submission of such request for prereview. Where a request for prereview is made by an applicant, the Commission may require payment by the applicant of a reasonable fee, not to exceed fifty dollars for each application, to defray the administrative expenses of such prereview. (b) Whenever an application for a certificate authorizing a proposed land or water use has been prereviewed by the Commission under the provisions of this section, a certificate authorizing such land or water use shall become effective immediately upon issuance by the governing authority involved, without further review by the Commission, if: (1) Where the Commission has found that the proposed land or water use as shown by the application submitted to it for prereview is consistent with the plan, the land or water use as authorized by the certificate, is substantially identical in all respects; or (2) Where the Commission has recommended modification of a proposed land or water use in such manner that such land or water use will be consistent with the plan, the certificate authorizing the land or water use incorporates every such modification. otherwise the certificate must be reviewed by the Commission in accordance with the provisions of section 6 above. (c) When prereviewing an application for a certificate under this Act, the Commission is authorized and encouraged to consult with the governing authority of the political subdivision involved, the planning or zoning departments of such political subdivision and other interested persons with regard to the application. Nothing in this Act shall preclude

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any person who is or may be an applicant for a certificate under this Act, but who does not desire to use the formal prereview procedure provided by this section, from consulting informally with the Commission or the staff of the Commission with respect to a proposed land or water use in the stream corridor; and the Commission is authorized and encouraged to advise and assist every such applicant and potential applicant with respect to compliance with the plan to the fullest extent possible consistent with its limitations of budget and staff. Section 8. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 9. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 10. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. GEORGIA AGRIRAMA DEVELOPMENT AUTHORITY ACT AMENDEDCERTAIN TAX EXEMPTION PROVIDED. No. 552 (House Bill No. 381). An Act to amend an Act creating the Georgia Agrirama Development Authority, approved April 7, 1972 (Ga. L.

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1972, p. 1161), so as to exempt the Authority from taxes; 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 Agrirama Development Authority, approved April 7, 1972 (Ga. L. 1972, p. 1161), is hereby amended by adding a new section, to be designated section 7.1, to read as follows: Section 7.1. Governmental Function. It is hereby found, determined and declared that the creation of the Authority and the carrying out of its corporate purpose is in all respects for the benefit of the people of this State and is a public purpose and that the Authority will be performing an essential governmental function in the exercise of the power conferred upon it by this Act and 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. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. REVENUENET INCOME DEFINED, ETC. Code 92-3107, 92-3108 Amended. No. 553 (House Bill No. 393). An Act to amend section 92-3107, as amended, particularly by Ga. L. 1971, pp. 605, 613, relating to the allowable standard

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deduction; to amend section 92-3108 of the Code of Georgia of 1933, as amended, 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, 1975; to provide for the adoption of certain provisions of Public Law 93-406, Employee Retirement Income Security Act of 1974, for calendar year 1974; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 92-3107, as amended, particularly by Ga. L. 1971, pp. 605, 613, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) Georgia taxable net income of an individual shall be the taxpayer's Federal adjusted gross income, as defined in the United States Internal Revenue Code of 1954, less Subsection (a) (1) of section 92-3107, as amended, particularly by Ga. L. 1971, pp. 605, 613, is amended by striking subsection (a) (1) in its entirety and inserting in lieu thereof a new subsection (a) (1) to read as follows: (1) the standard deduction or the sum of all itemized nonbusiness deductions, whichever is taken by the taxpayer in computing Federal taxable income. The standard deduction referred to herein shall be the standard deduction allowed under the provisions of the United States Internal Revenue Code of 1954, in force and effect on January 1, 1974, and Code 92-3107 amended. Section 2. Section 92-3108 of the Code of Georgia of 1933, as amended, is amended by striking the date January 1, 1974 wherever it appears and inserting in lieu thereof the date January 1, 1975, and by adding the following words at the end of said section: unless otherwise provided in this Chapter. Those provisions of Public Law 93-406, Employee Retirement Income

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Security Act of 1974, which are in effect for calendar year 1974 for Federal tax purposes shall also be in force and effect for State tax purposes for calendar year 1974. so that, as amended, said paragraph will read: Whenever the Internal Revenue Code of 1954 is referred to or used in this Chapter, it shall mean the United States Internal Revenue Code of 1954 as it existed on January 1, 1975, and any term used in this Chapter 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, 1975, unless otherwise provided in this Chapter. Those provisions of Public Law 93-406, Employee Retirement Income Security Act of 1974, which are in effect for calendar year 1974 for Federal tax purposes shall also be in force and effect for State tax purposes for calendar year 1974. Code 92-3108 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 or parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. LITTER LAW VIOLATIONSCASH BONDS PROVIDED, ETC. No. 554 (House Bill No. 440). An Act to amend an Act which authorized the acceptance and payment of cash bonds from persons charged with violation of traffic laws, approved March 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 331), as amended, so as to include within the purview of said Act violation of litter laws; to provide that law enforcement officers and officials of political subdivisions of the State shall be authorized to accept cash bonds for violation of litter laws; to

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authorize State law enforcement officers to accept a driver's license as bail in lieu of taking a person who has violated a litter law of this State before a proper magistrate to enter into a formal recognizance or make a deposit of money; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act which authorizes the acceptance of payment of cash bonds from persons charged with violation of traffic laws, approved March 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 331), as amended, is hereby amended by inserting after the words game, fish or boating, as they appear in section 1, the words or litter, so that when so amended, section 1 shall read as follows: Section 1. Any sheriff of the State of Georgia or his lawful agent or deputy, or any other county officer charged with the duty of enforcing traffic, game, fish or boating or litter laws of this State who makes an arrest outside of the corporate limits of any municipality of this State for the violation of any traffic, game, fish or boating or litter law, and has been authorized, as provided herein, by the judge having jurisdiction of such offense, to accept cash bonds, may accept a cash bond for the personal appearance of the person so arrested in lieu of a statutory bond or recognizance. No such officer shall be authorized to accept a cash bond unless he has been authorized to receive cash bonds in such cases by an order of the judge having jurisdiction of such offense, which order may be granted or dissolved in the discretion of such judge and which shall be filed with other records of the court over which said judge presides. Cash bonds. Section 2. Said Act is further amended by inserting in section 4 thereof after the words game, fish or boating the words or litter, so that when so amended, section 4 shall read as follows: Section 4. If any person arrested for a violation of the traffic, game, fish or boating or litter laws of the State of

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Georgia gives a cash bond as above provided for his appearance and fails to appear at the next regular term of court convening thereafter without legal excuse therefor, then and in that event, in the discretion of the court, said cash bond shall then and there be forfeited without the necessity for the statutory procedure provided for in the forfeiture of statutory bail bonds, and a judgment may be entered accordingly, in the discretion of the court, ordering the case disposed of and settled and the proceeds shall be applied and distributed as any fine would be. However, if the judge shall not desire to enter, in his discretion, a judgment ordering the case disposed of and settled, the forfeiture of the cash bond shall not be a bar to a subsequent prosecution of the arrested person for such violation. Section 3. Any law enforcement officer or official of a political subdivision of this State who is authorized to enforce the Litter Control Law, approved March 20, 1970 (Ga. L. 1970, p. 494), and who is authorized by the judge having jurisdiction of such offense to accept cash bonds, may accept a cash bond for the personal appearance of the person so arrested in lieu of a statutory bond or recognizance. The procedures connected with such cash bonds, including, but not limited to, duties of arresting officer, forfeiture, distribution of proceeds and discretion of court as to disposal of cash, shall be the same procedures applicable to arrest by a sheriff for a violation of any litter law. Section 4. Any State law enforcement officer, upon agreement with a person charged with violating a litter law of this State, shall be authorized to accept a driver's license as bail in lieu of taking such person before a proper magistrate to enter into a formal recognizance or make a deposit of money. The procedures and rules connected with the acceptance of such driver's license and subsequent disposition of the case shall be the same as provided for the acceptance of a driver's license as bail on arrest for traffic offenses provided in an Act approved April 13, 1973 (Ga. L. 1973, p. 435), as now or hereafter amended. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975.

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CRIMESREMOVING SHOPPING CARTS PENALIZED, ETC. No. 555 (House Bill No. 401). An Act to provide that it is unlawful to remove, steal, or abandon shopping carts in certain circumstances; to provide a penalty; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Removal, larceny, or abandonment of shopping carts; penalties (a) As used in this section, shopping cart means those push carts of the type of types which are commonly provided by grocery stores, drug stores or other merchant stores or markets for the use of the public in transporting commodities in stores and markets and incidentally from the store to a place outside the store. (b) It shall be unlawful for any person to remove a shopping cart from the premises, posted as provided in subsection (d) hereof, of the owner of such shopping cart without the consent, given at the time of such removal, of the owner or of his agent, servant, or employee. For the purpose of this section, the premises shall include all the parking area set aside by the owner, or on behalf of the owner, for the parking of cars for the convenience of the patrons of the owner. (c) It shall be unlawful for any person to abandon a shopping cart upon any public street, sidewalk, way, or parking lot, other than a parking lot on the premises of the owner. (d) The owner of the store in which the shopping cart is used shall post in at least three prominent places in his store, and at each exit therefrom, a printed copy of this Act, which copy shall be printed in type no smaller than twelve points.

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(e) Any person violating the provisions of subsection (b) or (c) of this law shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Penalty. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. NO GAS OR ELECTRIC COMPANY MAY SUSPEND SERVICE FOR FAILURE TO MAKE PAYMENT ON APPLIANCE. No. 556 (House Bill No. 473). An Act to provide that no gas or electric utility company or electric membership corporation shall cut off or suspend gas or electric service in any residence because the resident has failed to pay for or has failed to make timely payments for any appliance purchased from or any appliance repaired by such company or corporation; to provide for penalties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. It shall be unlawful for any gas or electric utility company or electric membership corporation to cut off or suspend gas or electric service in any residence because the resident has failed to pay for or has failed to make timely payments for any appliance purchased from or any appliance repaired by such company or corporation. Payments received from a resident shall be first applied to the service, unless otherwise specified by the resident at the time of payment. Any company or corporation, or any agent or employee thereof actively within the scope of its authority

Page 850

knowingly violating the provisions of this section shall be guilty of a misdemeanor and, upon conviction, shall be punished as for a misdemeanor. Penalty. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. STATE OFFICE OF HOUSING AUTHORIZED TO PROVIDE OUTREACH WORKERS. No. 557 (House Bill No. 481). An Act to authorize and direct the State Office of Housing to provide outreach workers to the Farmers Home Administration; to provide for staff selection, training and development, and assignment of duties; to provide for the State Office of Housing to contract with the Farmers Home Administration for certain services; to repeal conflicting laws; and for other purposes. Legislative Intent Whereas, there is a housing industry slump and a severe lack of mortgage credit in rural areas; and Whereas, the 1974 federal housing legislation granted increased loan authority to the Farmers Home Administration without an increase in personnel; and Whereas, to insure that money allocated to Georgia for rural housing will be spent in Georgia and not returned to be reallocated to other states, the State of Georgia needs to provide a number of outreach workers to the Farmers Home Administration. Now, therefore, be it enacted by the General Assembly of Georgia:

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Section 1. (a) The State Office of Housing, created by executive order of the Governor in 1972, is hereby authorized and directed to provide 18 outreach workers to the Farmers Home Administration to be assigned exclusively to housing-related activities such as site development, rehabilitation, home ownership and rental in rural areas of Georgia. The outreach workers shall be at the assistant county supervisor level to act as housing specialists. (b) Staff selection, training and development, and assignment of duties within the framework of subsection (a) shall be the responsibility of the Farmers Home Administration. Such outreach workers shall be employees of the State Office of Housing for administrative purposes. (c) Monitoring and evaluation of the progress of the outreach worker program shall be the responsibility of the State Office of Housing. Section 2. The State Office of Housing shall contract with the Farmers Home Administration for the following services: (a) Quicker processing of Farmers Home Administration housing loan applications. (b) Acquainting more rural families with the opportunities for home ownership under the Farmers Home Administration programs. (c) Rendering technical assistance to loan applicants to assure that proper loan applications are submitted. (d) Accelerated housing activities in rural areas to stabilize the communities through home ownership. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975.

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JUDICIAL COUNCIL OF GEORGIA TO SET COURT REPORTER FEES. Code 24-3103, 24-1304 Repealed. No. 558 (House Bill No. 482). An Act to amend an Act creating a Judicial Council of the State of Georgia, approved April 3, 1973 (Ga. L. 1973, p. 288), so as to provide that the Judicial Council of the State of Georgia shall promulgate rules and regulations which shall provide for and set the fees to be charged by all official court reporters in this State in all criminal and civil cases; to provide for per diem fees; to provide for the form and style of transcripts; to provide that this Act shall not apply to such court reporters under certain circumstances; to repeal section 24-3103 of the Code of Georgia of 1933, as amended by an Act approved February 21, 1951 (Ga. L. 1951, p. 388) setting the compensation to be paid court reporters in all civil cases; to repeal Section 24-3104 of the Code of Georgia of 1933, as amended by an Act approved February 16, 1949 (Ga. L. 1949, p. 646), and by an Act approved February 21, 1951 (Ga. L. 1951, p. 630), and by an Act approved February 18, 1959 (Ga. L. 1959, p. 61), and by an Act approved April 10, 1968) (Ga. L. 1968, p. 1230), setting the compensation to be paid court reporters in all criminal cases; 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 Judicial Council of the State of Georgia, approved April 3, 1973 (Ga. L. 1973, p. 288), is hereby amended by adding a new section to be known as section 2A, which shall read as follows: Section 2A. (a) The Judicial Council of the State of Georgia shall promulgate rules and regulations which shall: (i) provide for and set the fees to be charged by all official court reporters in this State for attending court, taking stenographic notes and recording the evidence;

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(ii) for furnishing transcripts of the evidence, and for other proceedings furnished by the official court reporter in all civil and criminal cases in this State; (iii) provide for a minimum per diem fee, which fees may be supplemented by the various counties within the circuits to which such court reporters are assigned; (iv) provide for the form and style of the transcripts which shall be uniform throughout the State. (b) The Judicial Council of the State of Georgia shall amend its rules and regulations providing for and setting the fees to be charged by all official court reporters whenever the Judicial Council of the State of Georgia shall deem it necessary and proper. Section 2. This Act shall not apply to those court reporters taking and furnishing transcripts of depositions, nor for taking and furnishing transcripts of nonjudicial functions nor to any independent contracts of any reporters. Section 3. Section 24-3103 of the Code of Georgia of 1933, as amended by an Act approved February 21, 1951 (Ga. L. 1951, p. 388), is hereby repealed in its entirety. Code 24-3103 repealed. Section 4. Section 24-1304 of the Code of Georgia of 1933, as amended by an Act approved February 16, 1949 (Ga. L. 1949, p. 646), and by an Act approved February 21, 1951 (Ga. L. 1951, p. 630), and by an Act approved February 18, 1959 (Ga. L. 1959, p. 61), and by an Act approved April 10, 1968 (Ga. L. 1968, p. 1230), is hereby repealed in its entirety. Code 24-3104 repealed. Section 5. This Act shall become effective January 1, 1976. Effective date. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975.

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PUBLIC OFFICERS AND EMPLOYEESAMOUNT CHANGED FOR SALES TO POLITICAL SUBDIVISIONS. Code 26-2306 Amended. No. 559 (House Bill No. 483). An Act to amend Code section 26-2306, relating to officers or employees selling to governments or political subdivisions, as amended, so as to change the amounts which local government officers or employees may sell; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 26-2306, relating to officers or employees selling to governments or political subdivisions, as amended, is hereby amended by striking from subsection (b) of said Code section the following: $50.00, and inserting in lieu thereof the following: $200.00, so that when so amended, subsection (b) of Code section 26-2306 shall read as follows: (b) Local Government Officer or Employee Selling to Political Subdivision. Any officer or employee of a political subdivision or agency thereof, who for himself or in behalf of any business entity sells any personal property to the political subdivision of which he is an officer or employee or to any agency thereof, shall, upon conviction, be punished by imprisonment for not less than one nor more than five years; provided, however, that the provisions of this subsection shall not apply to any sales of less than $200.00 per calendar quarter or sales made pursuant to sealed competitive bids made by an officer or employee of a political subdivision or agency thereof, either for himself or in behalf of any business entity. Code 26-2306 amended.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. VITAL STATISTICSPROCEDURE FOR CHANGING YEAR OF BIRTH PROVIDED, ETC. Code 88-1721 Amended. No. 560 (House Bill No. 484). An Act to amend Code section 88-1721, relating to the correction and amendment of vital records, as amended, so as to provide for a procedure for the obtaining of orders from the superior courts requiring the change of a year of birth, the correction of a delayed birth certificate or the removal of the name of a father from a birth certificate on file; to provide for petitions, hearings, notices and orders; to provide for practices and procedures in connection with the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 88-1721, relating to the correction and amendment of vital records, as amended, is hereby amended by adding at the end of subsection (e) of said Code section the following: The person seeking such change, correction or removal shall institute the proceeding by filing a petition with the superior court in the county of residence for an order changing the year of birth, correcting a delayed birth certificate or removing the name of the father from a birth certificate on file. Such petition shall set forth the reasons therefor and shall be accompanied by all available documentary evidence. The superior court shall issue a rule nisi fixing a time and place for hearing the petition and shall give the Director five days' notice of said hearing. The Director, or his authorized representative, may appear and testify in the proceeding.

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If the superior court, sitting in chambers, in term or vacation without a jury, from the evidence presented, finds that such change, correction or removal should be made, the judge shall issue an order therefor setting out the change to be made and the date of the court's action. The clerk of such court shall forward the petition and order to the Director not later than the 10th day of the calendar month following the month in which said order was entered. Such order shall be registered by the Director and the change so ordered shall be made., so that when so amended, subsection (e) of Code section 88-1721 shall read as follows: (e) An order from the superior court shall be required to change the year of birth, to correct a delayed birth certificate, or to remove the name of a father from a birth certificate on file. Code 88-1721 amended. The person seeking such change, correction or removal shall institute the proceeding by filing a petition with the superior court in the county of residence for an order changing the year of birth, correcting a delayed birth certificate or removing the name of the father from a birth certificate on file. Such petition shall set forth the reasons therefor and shall be accompanied by all available documentary evidence. The superior court shall issue a rule nisi fixing a time and place for hearing the petition and shall give the Director five days' notice of said hearing. The Director, or his authorized representative, may appear and testify in the proceeding. If the superior court, sitting in chambers, in term or vacation without a jury, from the evidence presented, finds that such change, correction or removal should be made, the judge shall issue an order therefor setting out the change to be made and the date of the court's action. The clerk of such court shall forward the petition and order to the Director not later than the 10th day of the calendar month following the month in which said order was entered. Such order shall be registered by the Director and the change so ordered shall be made.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. REVENUENONRESIDENT INCOME TAX PROVISIONS CHANGED. No. 561 (House Bill No. 488). An Act to amend Georgia L. 1937, pp. 109, 110, as amended, particularly by Ga. L. 1971, pp. 605, 606, relating to the taxable net income of a nonresident for income tax purposes; to provide for a more explicit explanation concerning the taxation of the income of nonresidents derived from sources in Georgia; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Ga. L. 1937, pp. 109, 110, as amended, particularly by Ga. L. 1971, pp. 605, 606, is hereby further amended by inserting in the first paragraph of subsection (a) of Ga. L. 1971, pp. 605, 606, the words services performed, between the words from and property so that, as amended, the first paragraph of said subsection (a) shall read: (a) A tax is hereby imposed upon every resident of the State, which tax shall be levied, collected and paid annually with respect to the Georgia taxable net income of the taxpayer as hereinafter defined; and upon every nonresident with respect to his Georgia taxable net income not hereinafter exempted, received by such taxpayer from services performed, property owned or from business carried on in this State, computed in accordance with the following tables: 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 or parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. REVENUENONRESIDENT DEFINED FOR INCOME TAX PURPOSES. Code 92-3002 Amended. No. 562 (House Bill No. 491). An Act to amend section 92-3002 of the Code of Georgia of 1933, as amended, particularly by an Act approved March 13, 1957 (Ga. L. 1957, p. 397) relating to the definition of the word nonresident for income tax purposes, to clarify the definition of the word nonresident; 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 92-3002 of the Code of Georgia of 1933, as amended, particularly by an Act approved March 13, 1957 (Ga. L. 1957, p. 397), is hereby further amended by striking in its entirety subsection (j) thereof and inserting in lieu thereof a new subsection (j) to read as follows: (j) Non-residents, for Georgia income tax purposes, shall consist of taxable non-residents and non-taxable non-residents defined as follows: Code 92-3002 amended. (1) `Taxable non-residents' shall mean every natural person who is not otherwise a resident of Georgia for income tax purposes and who regularly, and not casually or intermittently, engages within Georgia, himself or by means of employees, agents or partners, in employment, trade, business, professional, or other activity for financial gain or profit, including the rental of real or personal property located within Georgia or for use within Georgia; provided,

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however, that the term taxable non-residents as defined herein shall not include a legal resident of another state whose only activity for financial gain or profit in Georgia consists of performing services in Georgia for an employer where the remuneration for such services does not exceed five percent of the income received by such person for performing services in all places during any taxable year. (2) `Taxable non-resident' shall also mean every natural person who is not otherwise a resident of Georgia for income tax purposes and who sells, exchanges or otherwise disposes of tangible property which at that time has a taxable situs within Georgia, or of intangible property which has acquired at that time a business or commercial situs within Georgia. (3) `Non-taxable non-resident' shall mean every natural person who is not otherwise a resident of Georgia or a taxable non-resident of Georgia. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval, and shall apply to all taxable years beginning on or after January 1, 1975. Effective date. Section 3. All laws or parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. REVENUEDEFINITION OF WHO MUST FILE INCOME TAX RETURN PROVIDED. Code 92-3201 Amended. No. 563 (House Bill No. 492). An Act to amend section 92-3201 of the Code of Georgia of 1933, as amended, so as to provide for a definition of who must file an income tax return; 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. Section 92-3201 of the Code of Georgia of 1933, as amended, is hereby further amended by adding at the end of subsection (3) and of subsection (4) the following: , unless otherwise provided in the Income Tax Act of 1931, as amended, so that when so amended, said section shall read as follows: 92-3201. Who must file returns. An income tax return with respect to the tax imposed by this law shall be filed with the State Revenue Commissioner by the following: (1) Every resident who is required to file a Federal income return for the taxable year. (2) Every nonresident who has Federal gross income from sources within this State. (3) Every resident estate or trust that is required to file a Federal income tax return, unless otherwise provided in the Income Tax Act of 1931, as amended. (4) Every nonresident estate or trust that has Federal gross income from sources within this State, unless otherwise provided in the Income Tax Act of 1931, as amended. The State Revenue Commissioner may be regulation require taxpayers to file with the return required by this law a copy of all or any part of the taxpayers' Federal income tax return for the corresponding period. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975.

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ELECTIONSPROVISIONS RELATING TO NOMINATION PETITIONS CHANGED. Code 34-1010 Amended. No. 564 (House Bill No. 498). An Act to amend Code section 34-1010, relating to nomination petitions, as amended, by an Act approved March 20, 1970 (Ga. L. 1970, p. 347), and by an Act approved January 29, 1974 (Ga. L. 1974, p. 4), so as to change the provisions relative to the form of nomination petitions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 34-1010, relating to nomination petitions, as amended, by an Act approved March 20, 1970 (Ga. L. 1970, p. 347), and by an Act approved January 29, 1974 (Ga. L. 1974, p. 4), is hereby amended by striking subsection (a) of said Code section in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) Nominations of candidates for public office may be made by nomination petitions signed by electors and filed in the manner herein provided. Such petition shall be in the form prescribed by the officers with whom they are filed, but such petitions shall provide sufficient space for the printing of the elector's name as well as for his signature, and in addition to the other requirements provided for herein, each elector signing a nomination petition shall also print his name thereon. No forms other than the ones prescribed herein shall be used for nomination petitions. Code 34-1010 amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975.

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REVENUETIME REDUCED FOR ASSESSMENT OR REFUNDS WHEN FEDERAL TAX CORRECTED. Code 92-3303 Amended. No. 565 (House Bill No. 527). An Act to amend Section 92-3303 of the Code of Georgia of 1933, as amended, particularly by an Act approved March 24, 1965 (Ga. L. 1965, p. 276), to reduce from two years to ninety days the time within which taxes may be assessed or refunds claimed as to any taxable period for which corrections have been made by the Federal Internal Revenue Service; 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 92-3303 of the Code of Georgia of 1933, as amended, particularly by an Act approved March 24,1965 (Ga. L. 1965, p. 276), is hereby amended further by striking from the first paragraph of subsection (f) of said section, wherever they appear, the words within two years and inserting in lieu thereof the words within one hundred-eighty days so that, as amended, said first paragraph shall read as follows: Where the amount of the net income for any year of the taxpayer under this law, and as returned to the United States Treasury Department, is changed or corrected by the Commissioner of Internal Revenue or other officer of the United States of competent authority, such taxpayer, within one hundred-eighty days after final determination of the changed or corrected net income, shall make return to the Commissioner of Revenue of such changed or corrected income, and the Commissioner shall make assessment

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or the taxpayer shall claim a refund based thereon within one year from the date the return required by this section is filed and not thereafter. If the taxpayer does not make such return reflecting the changed or corrected net income, but the Commissioner receives from the United States Government or one of its agents a report reflecting such changed or corrected net income, the Commissioner shall make assessment for taxes due based thereon within five years from the date the report from the United States Government or its agent is actually received and not thereafter. Code 92-3303 amended. Section 2. The provisions of this Act shall become effective upon its approval by the Governor, or its becoming law without his approval, and shall apply to all taxable years beginning on or after January 1, 1975. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. ATTORNEY GENERALCERTAIN PROVISIONS MADE FOR REMOVAL. No. 566 (House Bill No. 539). An Act to authorize the Governor to convene a committee to be composed of himself, the Chief Justice of the Supreme Court and the Chairman of the Judicial Council of Georgia to ascertain whether or not the Attorney General is incapacitated and unable to perform the duties of his office by reason of sickness or other providential cause and thus unable to perform the duties of his office; to authorize the Governor to designate a Deputy or an Assistant Attorney General of the staff of the Attorney General to perform the duties of the Attorney General during his incapacity; to authorize such Deputy or Assistant Attorney General to do everything and perform every act and exercise every prerogative or discretion that the Attorney General might do, perform or exercise under existing law in his absence during his incapacity;

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to provide that a finding of incapacity shall be valid for thirty days only unless a further finding of incapacity be made; to provide for the lifting of the suspension upon the overcoming of the incapacity; to provide for the salary of the Attorney General during a suspension for incapacity; to promulgate rules and regulations pertaining to the suspension of the Attorney General under such circumstances; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. When used in this Act, unless the context requires otherwise: (a) Removal Committee shall mean the Governor, the Chief Justice of the Supreme Court of Georgia and the Chairman of the State Judicial Council. Section 2. Whenever the Governor receives information, deemed by him to be reliable, that the Attorney Genral is by reason of sickness or other providential cause unable to perform the duties of his office, the Governor shall convene a Removal Committee, to be composed of himself, the Chief Justice of the Supreme Court of Georgia and the Chairman of the State Judicial Council. If the Removal Committee, after investigation and examination into the truth of the report, shall, in writing duly signed and recorded in the Executive Minutes, unanimously find that the Attorney General is incapacitated and unable to perform the duties of his office, the Attorney General shall be suspended and relieved from the performance of his duties. Section 3. The Governor shall designate a Deputy or Assistant Attorney General of the staff of the Attorney General, then serving in the office of the Attorney General and who meets the constitutional qualifications for the office of the Attorney General, to perform the duties of the Attorney General during the incapacity of the Attorney General. The person so designated to perform the duties of the Attorney General shall give bond with good security, payable, conditioned, and to be approved in the same manner as the bond required by law to be given by the Attorney General. Any expense incurred in furnishing the bond required

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by this section shall be borne by the State. When the person designated under authority of this section shall have given bond as herein required and said bond has been approved as herein required, he shall be authorized to do everything, perform every act and exercise every prerogative or discretion that the Attorney General might do, perform or exercise under existing law in the absence of the Attorney General during his incapacity. Section 4. The finding of the Removal Committee that the Attorney General is incapacitated and unable to perform the duties of his office, and the designation of a person to perform the duties of the Attorney General during his incapacity, shall be effective and valid to justify the suspension of the Attorney General for not longer than thirty days, after which time, unless a further finding of incapacity is made as described in section 2 of this Act and a further designation by the Governor is made as described in section 3 of this Act, the Attorney General shall thereafter assume and perform the duties of his office. A subsequent finding of incapacity shall likewise be effective and valid to justify the suspension of the Attorney General for not longer than thirty days. Unless a further finding of incapacity is made and a further designation by the Governor is made, the Attorney General shall thereafter assume and perform the duties of his office. Section 5. Whenever it shall be made to appear to a majority of the Removal Committee, as defined in Section I of this Act, that the incapacity of the Attorney General has been overcome and removed, a finding in writing to that effect shall be made, recorded in the Executive Minutes and filed in the Governor's office, and thereupon the authority of the designated person under this Act to act for the Attorney General shall terminate and the Attorney General shall thereafter assume and perform the duties of his office, unless he shall have earlier done so as provided in section 4 of this Act. Section 6. During the period of the incapacity of the Attorney General, the salary due as provided by existing law shall continue to be paid to him.

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Section 7. The Removal Committee is hereby authorized to promulgate rules and regulations pertaining to the suspension of the Attorney General. Section 8. The Removal Committee is not an agency within the meaning of section 2(a) of the Georgia Administrative Procedure Act (Ga. L. 1968, pp. 338, 340), and the Georgia Administrative Procedure Act shall not be applicable to the Removal Committee. Section 9. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 10. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. NATURAL RESOURCES ACT AMENDEDCERTAIN WATER TRANSPORTATION PROVIDED. No. 567 (House Bill No. 579). An Act to amend the Natural Resources Act of 1973, approved March 16, 1973 (Ga. L. 1973, p. 139), as amended, so as to authorize the Department of Natural Resources to contract for or provide itself necessary water transportation and essential services for its employees, other State employees, their families and other permanent residents of certain coastal islands; 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), as amended, is hereby amended by adding between section 6A and 7 a new section, to be known as section 6B, to read as follows:

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Section 6B. On the coastal islands of the State of Georgia, where there is no causeway or other means of land transportation, and where essential services are not otherwise provided, the Department of Natural Resources is authorized to contract for or to provide essential services and water transportation for the employees of the Department, other State employees, the families of both, and any permanent residents of the islands. This authorization is applicable only to those islands owned or controlled by the State of Georgia and upon which the Department of Natural Resources has facilities located or on other islands where an emergency condition is found to exist. 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 had it 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 18, 1975. ELECTIONSCERTAIN CANDIDATES NOT ELIGIBLE FOR WRITE-IN CANDIDACY IN RUN-OFF ELECTIONS. Code 34-1513 Amended. No. 568 (House Bill No. 599). An Act to amend Code section 34-1513, relating to requirements for nomination and election in certain elections, as

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amended, so as to provide that certain candidates in primary and general elections are not qualified to be eligible as a write-in candidate in a runoff election; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 34-1513, relating to requirements for nomination and election in certain elections, as amended, is hereby amended by inserting in subsection (a) of Code section 34-1513, after the words and symbol, in the independent column., the following: No person shall be eligible as a write-in candidate in a special or general primary, a special or general primary run-off, or in a special or general election runoff. No person shall be eligible as a write-in candidate in a general or special election if such person was a candidate for nomination or election to the same office in the immediately preceding primary., so that when so amended subsection (a) of Code section 34-1513 shall read as follows: Section 34-1513. Majority vote required to nominate or elect; exception; runoff primary or election; Constitutional Officers Election Board to call runoff for Constitutional officers. (a) No candidate, except as hereinafter provided, shall be nominated for public office in any primary or elected to public office in any election unless such candidate shall have received a majority of the votes cast to fill such nomination or public office. To be elected to the office of presidential electors, no slate of candidates of any political party or body shall be required to receive a majority of the votes cast; but that slate of candidates of a political party or body shall be elected to such offices which receives the highest number of votes cast. In instances where no candidate receives a majority of the votes cast, a runoff primary or election, between the candidates receiving the two highest number of votes, shall be held on the twenty-first day after the day of holding the preceding primary or election, unless such

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runoff date is postponed by a court order. 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. No person shall be eligible as a write-in candidate in a special or general primary, a special or general primary runoff, or in a special or general election runoff. No person shall be eligible as a write-in candidate in a general or special election if such person was a candidate for nomination or election to the same office in the immediately preceding primary. Only the electors entitled to vote in the first primary or election shall be entitled to vote in any runoff primary or election resulting therefrom; provided, however, that no elector shall vote in a runoff primary in violation of section 34-624. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. EXCEPTIONS TO ACT PROHIBITING CERTAIN GARBAGE, ETC., DUMPING PROVIDED, (600,000 OR MORE; OR ADJACENT 70,000 EXCEPT 70,000-72,000). No. 569 (House Bill No. 605). An Act to amend an Act to provide that no person, firm or corporation (or employee of any municipality) shall transport,

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pursuant to a contract (oral or otherwise), garbage, trash, waste or refuse across State or county boundaries for the purpose of dumping same, approved April 5, 1971 (Ga. L. 1971, p. 445), so as to provide for certain exceptions; for certain counties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to provide that no person, firm or corporation (or employee of any municipality) shall transport pursuant to a contract (oral or otherwise), garbage, trash, waste or refuse across State or County boundaries for the purpose of dumping same, approved April 5, 1971 (Ga. L. 1971, p. 445), is hereby amended by striking the period following the word located where the same appears at the end of section 1 and by inserting, immediately following said word located the following: ; provided, that the provisions of this section shall not apply to the transportation of garbage, trash, waste or refuse across county boundaries of those 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 or of those counties having a population of 70,000 or more according to the United States Decennial Census of 1970 or any future such census, the territorial boundaries of which, or any portion thereof, are contiguous to any portion of the territorial boundaries of any such county having a population of 600,000 or more according to said United States Decennial Census of 1970 or any future such census; provided, however, that the immediately preceding proviso shall not be effective with respect to any county having a population of not less than 70,000 and not more than 72,500, according to the United States Decennial Census of 1970 or any future such census, when: (a) the transportation of such material across county boundaries involves only the boundaries of counties described herein; and (b) the transportation of combustible garbage, trash,

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waste or refuse across county boundaries shall be to a Georgia Power Company Plant for fuel purposes pursuant to the terms of a reclamation or recycling program approved by the Georgia Division of Environmental Protection; provided, however, that the Georgia Power Company shall be required to consume such garbage, trash, waste or refuse, in whatever form, within 60 days or return the same to the county from which it was transported., so that when so amended section 1 shall read as follows: Section 1. No person, firm or corporation (or employee of any municipality) shall transport, pursuant to a contract (oral or otherwise), garbage, trash, waste or refuse across State or county boundaries for the purpose of dumping same, whether or not it is to be dumped at a publicly or privately owned dump, unless permission is first obtained from the governing authority of the county in which the dump is located; provided, that the provisions of this section shall not apply to the transportation of garbage, trash, waste or refuse across county boundaries of those 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 or of those counties having a population of 70,000 or more according to the United States Decennial Census of 1970 or any future such census, the territorial boundaries of which, or any portion thereof, are contiguous to any portion of the territorial boundaries of any such county having a population of 600,000 or more according to said United States Decennial Census of 1970 or any future such census; provided, however, that the immediately preceding proviso shall not be effective with respect to any county having a population of not less than 70,000 and not more than 72,500, according to the United States Decennial Census of 1970 or any future such census, when: (a) the transportation of such material across county boundaries involves only the boundaries of counties described herein; and (b) the transportation of combustible garbage, trash, waste or refuse across county boundaries shall be to a Georgia Power Company Plant for fuel purposes pursuant to the

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terms of a reclamation or recycling program approved by the Georgia Division of Environmental Protection; provided, however, that the Georgia Power Company shall be required to consume such garbage, trash, waste or refuse, in whatever form, within 60 days or return the same to the county from which it was transported. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. ELECTIONSPROVISIONS MADE FOR HOLDING MUNICIPAL PRIMARIES AT TIME OF GENERAL ELECTION. Code 34A-706 Enacted. No. 570 (House Bill No. 614). An Act to amend Code Chapter 34A-7, relating to the dates for municipal primaries and elections, as amended, so as to provide for the procedures for holding municipal primaries and elections at the time of the general primary and election; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 34A-7, relating to the dates of municipal primaries and elections, as amended, is hereby amended by adding at the end of said Code Chapter a new Code section, to be numbered 34A-706, to read as follows: Section 34A-706. Municipal primaries and elections held at the time of general primaries and elections. Whenever a municipal general primary or election is held on the date of the general primary or November general election, the time specified for the closing of the registration list, the time within which candidates must qualify for the municipal primary or election and the time specified for the holding

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of any runoff necessary shall be the same as specified in Code Title 34 for general elections. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. REVENUEMOTOR FUEL TAX EXEMPTION PROVIDED. Code 92-1417 Amended. No. 571 (House Bill No. 617) An Act to amend Code section 92-1417, relating to the procedures for the collection of delinquent taxes on motor fuel, as amended, so as to provide that under certain circumstances the sale of motor fuel to an ultimate consumer who has both highway and nonhighway uses of that type of fuel shall be exempt from motor fuel tax; to provide the procedures connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 92-1417, relating to the procedures for the collection of delinquent taxes on motor fuel, as amended, is hereby amended by adding at the end thereof a new subsection (D) to read as follows: (D) In those instances where a sale of motor fuel, other than gasoline, has been made to an ultimate consumer who has both highway and nonhighway uses of that type of motor fuel and no tax has been collected on such sale, when it shall be demonstrated to the satisfaction of the Commissioner that no portion of such motor fuel was used for highway purposes, such sales shall be exempt from the tax imposed by this Chapter and no assessment of any such tax shall be made by the Commissioner. Code 92-1417 amended.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. MOTOR VEHICLE INSPECTIONARREST PROVISIONS CHANGED. No. 572 (House Bill No. 633). An Act to amend an Act relating to the arrest of persons accused of violating any law or ordinance governing the operation, licensing, registration, maintenance and inspection of motor vehicles, approved April 25, 1969 (Ga. L. 1969, p. 759), as amended, so as to provide that law enforcement officer may arrest persons accused of violating any law or ordinance governing the operation, licensing, registration, maintenance, and inspection of motor vehicles by the issuance of a citation; to provide that the violation must be observed by a law enforcement officer, but not necessarily the arresting officer; to provide that certain information shall be enumerated in the citation; to provide that the officer observing the offense being committed shall appear at the hearing as well as the arresting officer if the offense was not observed by the arresting officer; to provide for the issuance of bench warrants for the apprehension of persons who fail to answer such citations; to provide procedures connected with the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act relating to the arrest of persons accused of violating any law or ordinance governing the operation, licensing, registration, maintenance and inspection of motor vehicles, approved April 25, 1969 (Ga. L. 1969, p. 759), as amended, is hereby amended by adding between presence and . of the first sentence the following:

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or information concerning the operation of a motor vehicle constituting a basis for arrest was received by the arresting officer from a law enforcement officer observing the offense being committed, except that where the offense results in an accident an investigating officer may issue citations regardless of whether the offense occurred in the presence of a law enforcement officer. Section 2. The Act is further amended by adding between The and officer of the second sentence the following: arresting. Section 3. The Act is further amended by inserting a new sentence immediately following the present second sentence and immediately preceding the present third sentence, to read as follows: Whenever an arrest is made by the arresting officer on the basis of information concerning the operation of a motor vehicle received from another law enforcement officer observing the offense being committed, the citation shall list the name of each officer and each must be present when the charges against the offender are heard. Arrest. Section 4. The Act is further amended by deleting from the present third sentence, between If and shall the words such person and adding in lieu thereof the following: the person charged. Section 5. When so amended the Act shall read as follows: Notwithstanding any other provision of any law to the contrary, law enforcement officers may arrest persons accused of violating any law or ordinance governing the operation, licensing, registration, maintenance and inspection of motor vehicles by the issuance of a citation, providing said offense is committed in his presence or information concerning the operation of a motor vehicle constituting a basis

Page 876

for arrest was received by the arresting officer from a law enforcement officer observing the offense being committed, except that where the offense results in an accident an investigating officer may issue citations regardless of whether the offense occurred in the presence of a law enforcement officer. The arresting officer may issue to such person a citation which shall enumerate the specific charges against such person and the date upon which said person is to appear and answer said charges. Whenever an arrest is made by the arresting officer on the basis of information concerning the operation of a motor vehicle received from another law enforcement officer observing the offense being committed, the citation shall list the name of each officer and each must be present when the charges against the offender heard. If the person charged shall fail to appear as specified in the citation, the judge having jurisdiction of the offense may issue a warrant ordering the apprehension of such person and commanding that he be brought before the court to answer the charge contained within the citation and the charge of his failure to appear as required. Said person shall then be allowed to make a reasonable Bond to appear on a given date before such court. Bond. Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. SHOPLIFTINGCRIMINAL INTENT SPECIFIED. Code 26-1802 Amended. No. 573 (House Bill No. 647). An Act to amend Code section 26-1802, relating to theft by taking, as amended by an Act approved March 21, 1974 (Ga. L. 1974, p. 468), so as to specify the criminal intent

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element of the offense of shoplifting; 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, as amended by an Act approved March 21, 1974 (Ga. L. 1974, p. 468), is hereby amended by striking said Code section in its entirety and substituting in lieu thereof a new Code section 26-1802, to 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. (b) A person commits theft by taking in any mercantile establishment in which merchandise is displayed for sale in such manner as to be readily accessible to persons shopping when he with the intent of appropriating merchandise to his own use or to deprive the owner of possession thereof or of the value thereof, in whole or in part, does any of the following: (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 price tag for another item of merchandise; or (5) Transfers any such merchandise from a container in which it may be displayed to any other container. The crime of theft by taking under the circumstances of this subsection shall also be known as shoplifting.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. PUBLIC OFFICIALSPROVISIONS CLARIFIED FOR DESIGNATION OF COUNSEL BY GOVERNOR. No. 574 (House Bill No. 666). An Act to amend an Act approved February 3, 1959 (Ga. L. 1959, p. 18), to designate counsel to represent public officials; so as to clarify the circumstances under which the Governor may designate legal counsel for a public officer, public official, board or bureau, or any of its members; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 1 of an Act approved on February 3, 1959 (Ga. L. 1959, p. 18), to designate counsel to represent public officials is amended by striking said section 1 of said Act and substituting in lieu thereof a new section 1 which will read as follows: Section 1. When any action is filed in any court of this State, or in any Federal Court, against a public officer, public official, board or bureau, or any of its members, created by the laws of this State, which seeks relief, legal or equitable, against such public officer, public official, board or bureau, or any of its members, in the administration of his or its duties, and where the State, through any of its agencies appropriates or allocates moneys to such public officials (or their offices), board or bureau which is used in the administration of his or its functions, and this shall include county registrars, and where no regular counsel is provided within a reasonable time for such public officer, public official, board or bureau, including county registrars, by the Attorney General of this State, the Governor may

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direct the Attorney General to provide such counsel, and in the event the Attorney General refuses to provide such counsel within a reasonable time after having been directed by the Governor so to do, the Governor is authorized and empowered to designate legal counsel in such case for such public officer, public official, board or bureau, or its members, or county registrars. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. DEPARTMENT OF LAW REORGANIZATION ACT AMENDED. No. 575 (House Bill No. 667). An Act to amend an Act reorganizing the State Department of Law, approved February 18, 1943 (Ga. L. 1943, p. 284), as amended particularly by an Act approved February 18, 1966 (Ga. L. 1966, p. 43), and an Act approved March 17, 1967 (Ga. L. 1967, p. 102), so as to provide for the appointment, employment and removal of deputy Attorneys General, assistant Attorneys General, special assistant Attorneys General, other attorneys, para-professional personnel, clerical assistants, and other employees or independent contractors; to give titles to such officers and to change the titles from time to time; to define the duties and responsibilities within the Department of Law of any attorney or other employee of the said Department and to establish salaries; to effect promotions of any such attorney or other employee of said Department; to provide that neither the Attorney General nor any other attorney at law employed full time by the Department of Law shall engage in the private practice of law during his term of appointment; to provide that attorneys at law under independent

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contract to the Department of Law may engage in the private practice of law; to provide that the Governor shall be authorized to appoint two attorneys for such period of time as he deems advisable to serve the Governor as his executive counsel; to provide for the Governor to set the salaries and expenses and other renumerations of such 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. An Act approved February 18, 1943 (Ga. L. 1943, p. 284), reorganizing the State Department of Law, as amended, particularly by an Act approved February 18, 1966 (Ga. L. 1966, p. 43), and an Act approved March 17, 1967 (Ga. L. 1967, p. 102), is hereby amended by striking section 2 of the said 1943 Act, as so amended, in its entirety and inserting in lieu thereof a new section 2 to read as follows: Section 2. There is hereby created a Department of Law with the Attorney General at the head thereof and with such numbers of deputy Attorneys General, assistant Attorneys General, special assistant Attorneys General, other attorneys, para-professional personnel, and other employees or independent contractors as the Attorney General shall deem to be needed to carry out the functions of the Attorney General and the Department of Law. The Attorney General is hereby authorized and empowered to determine the title and to change the title of any attorney or other employee of the Department of Law or any attorney at law under independent contract to the Department of Law, to define the duties and responsibilities of any attorney or other employee of the said Department, and to establish salaries and to effect promotions of any such attorney or other employee of the said Department; except that those positions in the Department which are within the classified service of the State Merit System on the effective date of this Act shall be covered by the State Merit System according to procedures prescribed by the State Personnel Board. Neither the Attorney General nor any other attorney at law employed full time by the Department of Law shall

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engage in the private practice of law during his term of appointment. Attorneys at law under independent contract to the Department of Law may engage in the private practice of law although they may be appointed or designated either specially or generally as assistant Attorneys General, or attorneys. Section 2. Said Act is further amended by striking section 4A of same, as amended, particularly by an Act approved March 17, 1967 (Ga. L. 1967, p. 102), in its entirety and inserting in lieu thereof a new section 4A to read as follows: Section 4A. The Governor shall be authorized to appoint two attorneys for such periods of time as he deems advisable to serve the Governor as his executive counsel. The salaries, expenses and all other renumerations of the attorneys so appointed by the Governor as his executive counsel shall be determined by the Governor and paid from funds appropriated to or otherwise made available to the Executive Department. Section 3. The term assistant Attorney General, wherever it may appear in the laws of this State, shall be understood to include the term deputy Attorney General, so that a deputy Attorney General, when duly appointed by the Attorney General, may perform any duty otherwise prescribed by law or regulation to be performed by an assistant Attorney General. 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 or parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975.

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ATTORNEY GENERALDUTIES CLARIFIED, ETC. Code 40-1602 Amended. No. 576 (House Bill No. 668). An Act to amend section 40-1602 of the Code of Georgia of 1933 so as to clarify the duties of the Attorney General and the circumstances under which the Attorney General shall act at the direction of the Governor; 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 40-1602 of the Code of Georgia of 1933 is hereby amended by striking from the caption of such Section the words by Governor, from the first sentence the words when required so to do by the Governor, and from subparagraph 6 the words when required by the Governor, by inserting at the beginning of subparagraphs 1 and 3 the words when required so to do by the Governor, by inserting at the beginning of subparagraph 2 the words when deemed advisable by the Attorney General, and by dividing the duties described in subparagraph 6 into two subparagraphs, so that, when so amended, section 40-1602 of the Code will read: 40-1602. Duties required. It is the duty of the Attorney General 1. Written opinion.When required so to do by the Governor, to give his opinion in writing, or otherwise, on any question of law connected with the interest of the State or with the duties of any of the departments. 2. Preparation of contracts.When deemed advisable by the Attorney General, to prepare all contracts and writings in relation to any manner in which the State is interested. 3. Attend trial of what cases.When required so to do by the Governor, to attend, on the part of the State, to

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all criminal causes in any of the circuits, when the district attorney thereof is prosecuted, and to all other criminal or civil causes to which the State is a party. 4. Legal Adviser of Executive Department.To act as the legal adviser of the Executive Department. 5. In Supreme Court.To represent the State in the Supreme Court in all capital felonies. 6. In other courts.To represent the State in all civil cases in any court. 7. Other servicesTo perform such other services as shall be required of him by law. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. DEPARTMENT OF LAWINVESTIGATIVE POWERS CLARIFIED. No. 577 (House Bill No. 669). An Act to amend an Act approved February 18, 1943 (Ga. L. 1943, p. 284), reorganizing the State Department of Law, as amended, so as to clarify the power of the Attorney General to investigate into the affairs of the State or any of its agencies or authorities or any person or organization dealing with the same; to provide the Attorney General the power to administer oaths, to require testimony under oath, to require the production of books, records, and papers, and to issue subpoenas and subpoenas duces tecum in the conduct of such investigations; to provide the procedure to be employed and the sanctions in

Page 884

the event of refusal to obey such subpoenas; to provide that the provisions of this Act shall not apply to members of the General Assembly while in session; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act approved February 18, 1943 (Ga. L. 1943, p. 284), reorganizing the State Department of Law, as amended, is hereby further amended by striking section 5 of the said 1943 Act in its entirety and by substituting in lieu thereof a new section 5 to read as follows: Section 5. The Attorney General, as head of the Department of Law and as Chief Legal Officer of the State, is hereby authorized and empowered to institute and conduct investigations at any time into the affairs of the State or of any department, board, bureau, commission, institution, authority, instrumentality, retirement system, or other agency of the State, or into the affairs of any person or organization to the extent that such person or organization shall have or shall have had any dealings with the State or any department, board, bureau, commission, institution, authority, instrumentality, retirement system, or other agency of the State. Investigations. For the purpose of conducting any investigation as provided in this Section, the Attorney General 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 Attorney General is authorized to issue a subpoena for any witness or a subpoena duces tecum to compel the production of any books, records or papers. In case of refusal to obey a subpoena issued under this Section to any person, and upon application by the Attorney General, the superior court in whose jurisdiction the witness is to appear or in which the books, records or papers are to be produced may issue to that person an order requiring him to appear before the court to show cause why he should not

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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. Nothing contained herein shall authorize the Attorney General to commence or carry on any investigation or to issue any subpoenas to anyone for the purpose of investigating any member of the General Assembly while the General Assembly is in any regular or called session. Section 2. This Act shall become effective on July 1, 1975. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. GEORGIA BUILDING AUTHORITY ACT AMENDEDSELLING GOODS IN STATE BUILDINGS PROHIBITED, ETC. No. 578 (House Bill No. 675). An Act to amend an Act known as Georgia Building Authority Act Amended-Security Guards, approved April 2, 1969 (Ga. L. 1969, p. 233) so as to repeal Section 1 of said Act and reinact said section in expanded form to declare a public policy; to provide that it shall be illegal to beg, panhandle, solicit, or to sell goods, wares or other objects or services within the buildings, or on the grounds, sidewalks or other ways, owned by or under the control of the State of Georgia or other State entities, without express written consent, or unless otherwise authorized by law; to provide punishment; to authorize the Georgia Building Authority to establish rules and regulations to implement the provisions of this Act; to provide that this Act shall not be applicable to the state supervisor of purchases; shall be permissive in nature and shall be applicable only to the building facilities and improvements

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adjacent to the State Capitol; to provide a severability clause; to repeal conflicting laws; to provide for an effective date; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as Georgia Building Authority Act Amended-Security Guards, approved April 2, 1969 (Ga. L. 1969, p. 233) is hereby amended by striking section 1 in its entirety, and substituting in lieu thereof a new section 1 which shall read as follows: Section 1. An Act known as the `Georgia Building Authority Act' (formerly known as the `State Office Building Authority Act'), approved February 21, 1951 (Ga. L. 1951, p. 699) as amended, is hereby amended by adding after section 28 and before section 29 a new section to be known as section 28A to read as follows: Section 28A (1) In that it has been previously declared by Georgia Law that the use of the Capitol Building and grounds shall be limited to Departments of State Government and to State and National Political Organizations, and for no other purposes unless specifically authorized by law; and in that the employees of said Departments of State Government, and of State Agencies, Authorities, Commissions, Boards, Bureaus and other State entities located in the Capitol Building and other State buildings are engaged in the business of the citizens of the State of Georgia and should not be unreasonably interrupted in the performance of their public duties, it is, therefore, in the best interest of the State of Georgia and its citizens that a public policy against such unreasonable disruptions of State employees in the performance of their official duties be declared, and it is hereby in this Act so declared. (2) Without the express written consent of the Director of Administration of the Georgia Building Authority, his designee, or his successor in office first having been received, and except as otherwise provided by State law, it shall be illegal for any person, firm, group, organization or other entity, to beg, panhandle, solicit, or to sell goods, wares

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or any other objects or services within any buildings, or on the grounds, sidewalks, or other ways, owned by or under the control of the State of Georgia, its Agencies, Authorities, Commissions, Boards, Bureaus or other State entities. (3) Any violation of this Act shall be punishable as for a misdemeanor. (4) The Georgia Building Authority or its legal sucessor shall establish the rules and regulations for and carry out the implementation of this Act. (5) Notwithstanding anything contained in this Act or elsewhere, the provisions of sub-sections (1) and (2) of this Act, shall be applicable only to the buildings, facilities, and improvements adjacent to the State Capitol; shall not be applicable to persons, firms, organizations, corporations, or other entities doing business with the State supervisor of purchases or the activities in relation thereto and the said provisions of this Act shall be permissive in nature. (6) The Georgia Building Authority shall be authorized to employ security guards to keep watch over and protect the properties of the Georgia Building Authority and such other properties as may be administered by, or as may be directed by, the said Authority. The security guards employed, as provided by this section, shall be employees of and compensated by the Georgia Building Authority. The security guards employed pursuant to the provisions of this section shall be authorized to carry weapons and, while in the performance of their duties, shall have the same powers of arrest, shall have the same powers to enforce law and order, and shall be authorized to exercise such powers and duties as are authorized by law for security guards of the Security Guard Division of the Department of Public Safety. Section 2. 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

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phrases of this Act, which shall remain in full force and effect, as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Section 4. This Act shall become effective upon the signature of the Governor, or upon its becoming law without his signature. Effective date. Approved April 18, 1975. ELECTIONSABSENTEE BALLOTS IN MUNICIPAL ELECTIONS REQUIRED, ETC. Code Chapter 34A-13 Amended. No. 579 (House Bill No. 687). An Act to amend Code chapter 34A-13, relating to absentee voting in municipal primaries and elections, as amended, so as to require the use of absentee ballots in all municipal primaries and elections; to provide the procedures for voting by absentee ballot in municipal primaries and elections; to provide for application for absentee ballots; to provide for the form of absentee ballots and absentee ballot envelopes; to provide for the method of voting by absentee ballot; to provide procedures for cancellation of absentee ballots; to provide for the examination of absentee ballot oaths by the absentee ballot clerk; to provide for the depositing of absentee ballots; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. Code Chapter 34A-13, relating to absentee voting in municipal primaries and elections, as amended, is hereby amended by striking in its entirety Code section 34A-1301, relating to the application of Code Chapter 34A-13, and substituting in lieu thereof the following: Section 34A-1301. Application. The provisions of this Chapter shall apply to all municipal primaries, elections and bond elections. Section 2. Said Code Chapter is further amended by striking in its entirety Code section 34A-1303, relating to the appointment of an absentee ballot clerk, and substituting in lieu thereof the following: Section 34A-1303. Appointment of absentee ballot clerk. The governing authority shall appoint an absentee ballot clerk who may be the county registrar, municipal registrar or any other designated official and who shall perform the duties set forth in this Code. Section 3. Said Code Chapter is further amended by striking in its entirety Code Section 34A-1304, relating to applications for absentee ballots, and substituting in lieu thereof the following: Section 34A-1304. Application for ballot; time limitation on application. (a) Any absentee elector may make an application either by mail or in person in the absentee ballot clerk's office to the absentee ballot clerk for an official ballot of the elector's district to be voted at such primary or election. 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 18 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 shall be mailed, the identity of the primary or election in which the elector wishes to vote, the reason for requesting the absentee ballot, name and relationship

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of person requesting the ballot 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 the 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. (b) Upon receipt of a timely application, the absentee ballot clerk shall enter thereon the date received, and shall determine if the applicant is eligible to vote in the primary or election involved. If found eligible, the absentee ballot clerk shall 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 absentee ballot clerk's office or deliver the ballot in person to the elector if he is confined to a hospital. If found ineligible, the clerk shall deny the application by writing the reason for the rejection in the proper space on the application, and shall promptly notify the applicant in writing of the ground of his ineligibility, a copy of which should be retained on file in the office of the absentee ballot clerk. If the absentee ballot clerk is unable to determine the identity of the elector from information given on the application, he should promptly write (using air mail, if necessary) to request additional information. Section 4. Said Code Chapter is further amended by striking in its entirety Code section 34A-1305, relating to official absentee ballots, and substituting in lieu thereof the following: Section 34A-1305. Official absentee ballots and envelopes. (a) The ballots shall be marked `Official Absentee Ballot' and shall be in substantially the form for ballots required by Chapter 34A-10, except that in municipalities using voting machines or vote recorders, the ballots may be in substantially the form for ballot labels required by Chapter 34A-11 or in such form as will allow the ballots to be machine tabulated. The form for absentee ballots shall be determined and prescribed by the superintendent, except that the Secretary

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of State shall determine and prescribe the form for ballots not following the paper ballot format. (b) The superintendent shall provide two additional envelopes for each official absentee ballot, the smaller of which shall have printed thereon the words `Official Absentee Ballot' and nothing else. On the back of the larger envelope, to be enclosed within the mailing envelope, shall be printed the form of the oath of the elector, and the oath for persons assisting electors and the penalties prescribed in Section 34A-1601 for violation of the Code and on the face of the envelope shall be printed the name and address of the absentee ballot clerk. The mailing envelope addressed to the elector shall contain the two envelopes, the official absentee ballot, 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. (c) The oaths referred to in subsection (b) shall be in substantially the following form:

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The forms upon which such oath are printed shall contain the following information: Georgia law provides that no person shall assist more than ten (10) electors in any primary or election. (Code section 34A-1211 (b)). Georgia law further provides that any person violating the provisions of this Code shall be guilty of a misdemeanor and upon conviction shall be punished as for a misdemeanor.

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Section 5. Said Code Chapter is further amended by striking is its entirety Code section 34A-1306, relating to duties of the superintendent and absentee ballot clerk, and substituting in lieu thereof the following: Section 34A-1306. Duties of superintendent and absentee ballot clerk. (a) The superintendent shall, as soon as practicable prior to each primary or election, prepare or obtain and deliver an adequate supply of official absentee ballots, envelopes and other supplies as required by this Chapter, to the absentee ballot clerk for use in the primary or election. The absentee ballot clerk shall within two days after the receipt of such supplies deliver or mail official absentee ballots to all eligible applicants; and as additional applicants are determined to be eligible, the clerk shall deliver or mail official absentee ballots to such additional applicants immediately upon determining their eligibility; provided, however, that a ballot shall not be mailed to an applicant whose application is received within a period of five days prior to the primary or election and whose mailing address is located over three hundred miles from the main office of the absentee ballot clerk; and provided further, that no absentee ballot shall be mailed by the clerk on the day prior to a primary or election. The date a ballot is mailed or delivered to an elector and the date it is returned shall be entered on the application therefor. (b) Each absentee ballot clerk shall maintain for public inspection a master list, arranged by election districts, setting forth the name and residence of every elector to whom an official absentee ballot has been sent. Section 6. Said Code Chapter is further amended by striking in its entirety Code section 34A-1307, relating to voting by absentee electors, and substituting in lieu thereof the following: Section 34A-1307. Voting by absentee electors. (a) At any time after receiving an official absentee ballot, but before the date of the primary or election, the elector shall vote his absentee ballot, then fold the ballot and close and securely seal the same in an envelope on which is printed

Page 894

`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 the same to the absentee ballot clerk. (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 municipality as the disabled elector; or the father, mother, brother, sister, spouse, son, daughter, mother-in-law, father-in-law, brother-in-law or sister-in-law of any elector. If the disabled elector is sojourning outside his own municipality, a notary public of the jurisdiction may give such assistance, and shall then sign the oath printed on the same envelope as the oath to be signed by the elector. No person shall assist more than ten (10) such electors in any primary or election. Section 7. Said Code Chapter is further amended by striking in its entirety Code section 34A-1308, relating to keeping and depositing absentee ballots, and substituting in lieu thereof the following: Section 34A-1308. Keeping ballots; checking oaths. (a) The absentee ballot clerk 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, the absentee ballot clerk shall write the day and hour of the receipt of the ballot on its envelope. The clerk 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 elector's oath. Each elector's name so certified shall be listed by the absentee ballot clerk on a numbered list of absentee voters prepared for his election district. If the elector has failed to sign the oath, or if his signature does not appear to be valid, or if the information so furnished

Page 895

does not comply with that on file in the registrar's office, or if the elector is otherwise found disqualified to vote, the absentee ballot clerk shall write across the face of the envelope `Rejected' giving the reason therefor. The absentee ballot clerk shall promptly notify the elector of such rejection and a special set of numbered lists of voters shall also be prepared for 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 the numbered list of voters. All absentee ballots returned to the absentee ballot clerk after the closing of the polls on the day of the primary or election shall be kept safely unopened by the clerk for the period of time required 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. (b) After the close of the polls on the date of the primary or election, the absentee ballot clerk shall deliver the official absentee ballots of each certified absentee elector, as well as the copies of the numbered list of certified and rejected absentee electors, to the managers in charge of the polling place designated by the superintendent. Section 8. Said Code Chapter is further amended by striking in its entirety Code section 34A-1309, relating to examination of affidavits and jurats by poll managers, and substituting in lieu thereof the following: Section 34A-1309. Depositing of absentee ballots by poll managers. (a) A manager shall announce the name of each absentee elector whose ballot has been certified by the signature of the absentee ballot clerk, 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 an elector to vote by absentee ballot shall be grounds for a challenge;

Page 896

also, the manager shall consider any previously filed challenge of an absentee elector. The 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 electors. (b) If an absentee elector's right to vote has been challenged for cause, a poll officer shall open the envelope and write `challenged', the elector's name and the alleged cause of challenge on the back of the ballot without disclosing the markings on the face thereof, and shall deposit the ballot in the ballot box, and it shall be counted as other challenged ballots are counted. The absentee ballot clerk shall promptly notify the elector of such challenge. Section 9. Said Code Chapter is further amended by striking in its entirety Code section 34A-1311, relating to cancellation of absentee ballots, and substituting in lieu thereof the following: Section 34A-1311. Cancellation of ballots of electors present during primaries and elections. Whenever an elector (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: (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 shall be returned with other ballots to the superintendent. (b) By appearing in person before the absentee ballot

Page 897

clerk and requesting in writing that the envelope containing his absentee ballot be marked `Cancelled'. After having satisfied himself as to the identity of such elector, the absentee ballot clerk 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 absentee ballot clerk, it shall be promply 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, the clerk 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 34A-1308(a) provides for absentee ballots returned too late to be cast. Section 10. Said Code Chapter is further amended by striking in its entirety Code section 34A-1313, relating to the custody of records, and substituting in lieu thereof the following: Section 34A-1313. 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 city clerk upon the conclusion of the primary or election and safety kept by him for the period required by law and then shall be destroyed. On the day following the primary or election, the absentee ballot clerk shall transmit all cancelled, spoiled, and unused absentee ballots, and copy of requests for cancellation of absentee ballots to the city clerk to be held with other election materials as provided in 34A-1410. The absentee ballot clerk 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. Section 11. 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,

Page 898

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 12. All laws and parts of laws in conflict with this Act are hereby repealed; provided, however, if this Act or any portion hereof is disapproved by the United States District Court for the District of Columbia or if this Act is submitted to the United States Attorney General and he objects to the enforcement of this Act or any portion hereof pursuant to the authority granted to said court or to the United States Attorney General by the Voting Rights Act of 1965 (U.S.C. Section 1973c) the prior law or parts of law shall not be repealed. Approved April 18, 1975. PRISONERSLEAVE MAY BE GRANTED TO PARTICIPATE IN SPECIAL COMMUNITY PROGRAMS, ETC. No. 580 (House Bill No. 694). An Act to amend an Act authorizing the Director of the Department of Corrections to allow inmates of State penal institutions to take special leave for the purpose of participation in special community or other meritorious programs or activities deemed beneficial to the inmate and not detrimental to the public, approved April 1, 1971, (Ga. L. 1971, p. 342), as amended, particularly by an Act approved March 28, 1972, (Ga. L. 1972, p. 579), so as to provide that a warden or superintendent of any State penal institution may grant emergency leave to inmates without the prior written approval of the Director of Corrections under certain circumstances; to define the phrase

Page 899

State penal institutions so that it is clear that special leave may be granted, in accordance with the provisions of this Act, to all inmates committed to the custody and control of the Director of Corrections; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act authorizing the Director of Corrections to allow inmates of State penal institutions to take special leave for the purpose of participation in special community or other meritorious programs or activities deemed beneficial to the inmate and not detrimental to the public, approved April 1, 1971, (Ga. L. 1971, p. 342), as amended, particularly by an Act approved March 28, 1972, (Ga. L. 1972, p. 579), is hereby amended by striking section 1 of said Act in its entirety and inserting in lieu thereof a new section 1 to read as follows: Section 1. Whenever the warden or superintendent of any penal institution in which inmates committed to the custody of the Director of Corrections have been assigned shall recommend, the Director of the Department of Corrections may authorize special leave to an inmate to leave the institution in which he is incarcerated for participation in special community or other meritorious programs or activities deemed beneficial to the inmate and not detrimental to the public. The activity must be such as, in the opinion of the warden or superintendent and Director, will contribute to the rehabilitation process of the inmate involved. In order to be considered for this special leave, the inmate shall be eligible solely upon the concurrence of the warden or superintendent and the Director that positive attitudinal and growth patterns are being established. Under no condition shall any inmate be permitted to leave the State under the provisions of this Section. Section 2. Said Act is further amended by adding a new section to be designated and known as section 3A, to read as follows: Section 3A. The warden or superintendent of any penal

Page 900

institution in which inmates committed to the custody of the Director of Corrections have been assigned may authorize, without the prior written approval of the Director of Corrections, emergency leave to an inmate, when it is confirmed that there exists a serious illness or death in the inmate's immediate family and when notice and confirmation of the illness or death does not reach the warden or superintendent in time to authorize special leave in the manner provided in section 2 of this Act. Emergency leave cannot be granted under this section to any inmate who has been convicted of a sex offense, who has escaped or attempted to escape within the twelve (12) months preceding the emergency, who has not served sufficient time to demonstrate his responsibility and dependability, and who has an assaultive pattern, determined to exist either from the nature of the offense for which he has been convicted or from conduct while incarcerated in the penal institution. The warden or superintendent granting such emergency leave must forward immediately a written report of the action to the Director of Corrections. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming a law without his approval. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. YOUTHFUL OFFENDER ACT AMENDEDSENTENCING PROVISIONS CLARIFIED. No. 581 (House Bill No. 695). An Act to amend an Act entitled the Youthful Offender Act, approved March 28, 1972 (Ga. L. 1972, p. 592), so as to redefine conviction; to clarify certain provisions of that Act relating to the sentencing of defendants under the Act and to delete others; to clarify the initial procedures

Page 901

to be taken in determining how to treat the youthful offender; to provide that the State Board of Pardons and Paroles shall have authority to revoke conditional releases granted under the Youthful Offender Act in the same manner as it revokes paroles; to state how the youthful offender status may be lost and the effect of such loss; to clarify the manner in which eligibility for parole is to be computed for a sentence imposed under this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled the Youthful Offender Act, approved March 28, 1972, Ga. L. 1972, p. 592 is hereby amended by striking subsection (b) of section 2 of that Act and inserting in its place a new subsection (b) to read as follows: (b) Conviction means a judgment, on a verdict or finding of guilty, a plea of guilty, or a plea of nolo contendere in a felony case, but excluding all judgments upon criminal offenses for which the maximum punishment provided by law is death or life imprisonment. Section 2. Said Act is further amended by deleting from section 5 of that Act the words it shall recommend to the Director and inserting in lieu thereof the words it shall recommend to the State Board of Pardons and Paroles, and by deleting the words the Board and inserting in lieu thereof The State Board of Corrections, so that section 5, when amended, shall read: Section 5. General Powers and Duties. The Division shall meet to consider problems of treatment and corrections; it shall consult with and make recommendations to the Director with respect to general treatment and correction policies and procedures for committed youthful offenders; it shall recommend to the State Board of Pardons and Paroles orders to direct the release of youthful offenders conditionally under supervision and orders directing the release

Page 902

of such offenders unconditionally; it shall take such further action and recommend such other orders to the Director and the State Board of Corrections as may be necessary or proper to carry out the purposes of this Act. Section 3. Said Act is further amended by adding the words from the date of commitment to the second sentence of subsection (a) of section 9 of that Act so that subsection (a) of section 9, when amended, shall read as follows: (a) The Director shall cause to be made, a complete study and diagnosis of each youthful offender, including a physical examination and, where possible and indicated, a mental examination. In the absence of exceptional circumstances, each study and diagnosis shall be completed within a period of sixty days from the date of commitment. The Director shall forward to the Division a report of the results of the study and diagnosis with respect to each such youthful offender and, his recommendations as to the treatment be afforded such offender. At least one member of the Division, other than the Director, shall as soon as practical after commitment, interview the youthful offender, review all reports concerning him, and make such recommendations to the Division as may be indicated. Section 4. Said Act is further amended by striking subsection (b) of section 9 of that Act and inserting in lieu thereof the following new subsection (b): (b) Upon the receipt of all reports and recommendations required by subsection (a) the Division shall: (1) recommend to the State Board of Pardons and Paroles that the committed youthful offender be released conditionally under supervision; or (2) allocate and direct (subject to final approval or disapproval by the Director) a transfer of the committed youthful offender to an institution or facility for treatment; or (3) order (subject to final approval or disapproval by the Director) the committed youthful offender confined

Page 903

and afforded treatment under such conditions as are necessary for the protection of the public. Section 5. Said Act is hereby further amended by striking section 11 (Release: Conditional) of that Act and by inserting in lieu thereof a new section 11 to read as follows: Section 11. Release: Conditional. (a) When, upon recommendation of the Division after receipt of the reports and recommendations provided by section 9 (a) of this Act, or in his own judgment, the Director determines that a committed youthful offender should be released conditionally under supervision, he shall so report to the State Board of Pardons and Paroles and recommend that the Board of Pardons and Paroles issue an order granting said youthful offender a conditional release under supervision. (b) Notwithstanding subsection (a), but subject to the approval of the Board of Pardons and Paroles, the Division shall release the youthful offender conditionally under supervision on the expiration of four years from the date of his conviction. Section 6. Said Act is further amended by striking section twelve of the Act and inserting in lieu thereof the following new section 12: Section 12. Release: Unconditional. (a) When, upon recommendation of the Division after receipt of the reports and recommendations provided by section 9 (a) of this Act, or in his own judgment, the Director determines that a committed youthful offender should be released unconditionally, he shall so report to the Board of Pardons and Paroles and shall recommend that the Board of Pardons and Paroles issue an order granting the youthful offender an unconditional release: Provided that in no circumstances should any such youthful offender be unconditionally released prior to the expiration of one year from the date of his conditional release.

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(b) Notwithstanding subsection (a) a youthful offender shall be released unconditionally on the expiration of six years from the date of his conviction or on the expiration of the maximum term of imprisonment (as reduced by statutory and additional good time and by jail time and other credit to which he might be entitled) provided by law for the offense of which he was convicted, whichever occurs sooner. Section 7. Said Act is further amended by striking section 14 in its entirety and inserting in lieu thereof the following new section 14: Section 14. Release: Revocation and Return. (a) The Director, or the Division subject to the approval of the Director, may, upon determination of the best interest of the youthful offender, modify any previous orders respecting a committed youthful offender except an order of conditional or unconditional release. (b) Upon recommendation of the Division or upon his own determination of the best interest of the youthful offender, the Director may recommend to the Board of Pardons and Paroles that it modify its order which released the youthful offender conditionally under supervision. (c) If a youthful offender who has been conditionally released shall be accused of violating the conditions of his release, the Board of Pardons and Paroles shall consider whether his conditional release should be revoked in the same manner as if it were considering revocation of parole. (d) If the Board of Pardons and Paroles revokes a youthful offender's conditional release, the offender shall be returned to the custody of the Board of Corrections for reassignment either to an institution for the treatment of youthful offenders or to some other institution of the prison system. (e) The Board of Corrections shall have power to adopt rules and regulations concerning:

Page 905

(1) Whether one sentenced under this Act who has been granted a conditional release but has had that conditional release revoked should be reassigned to an institution for the treatment of youthful offenders, and (2) Under what circumstances such person who is reassigned to such an institution might be recommended for another conditional release. (f) A person originally sentenced under this Act, who has been granted a conditional release but has had that conditional release revoked because he was convicted of a second offense while on release, shall lose his status as a `youthful offender' unless the court in which he is convicted of the second offense elects to sentence him for that offense under this Act. The effect of losing his status as a `youthful offender' shall be that he shall no longer be eligible for conditional or unconditional release under this Act, but shall only be eligible for discharge, pardon, parole, or remission of sentence in the same manner as if he had never been sentenced under this Act. In such cases, the discharge date shall be calculated on the basis of a six year term of imprisonment or on the basis of a term equal to the maximum provided for the offense, if the maximum term is less than six years. Section 8. Said Act is further amended by striking section fifteen and inserting in lieu thereof the following new section fifteen: Section 15. Courts: Sentences. (a) If a court finds that a youthful offender might benefit from the provisions of this Act, the court may elect to sentence the youthful offender under this Act by indicating such election in writing in the sentence itself. (b) A sentence imposed under this Act may take one of the following two forms: (1) Probation. The sentencing court may place the youthful offender on probation under the supervision of the supervisory agents described in section 13 of this Act.

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(i) If the youthful offender subsequently violates the terms of his probation, and his probation is revoked by the sentencing court, the sentencing court shall commit him to the custody of the Division. (ii) If at the time of sentence, the sentencing court did not elect to sentence the youthful offender under this Act but instead sentenced him to probation under other applicable law, the court may nevertheless commit him to the custody of the Division upon revocation of probation by so stating in its order of revocation. This authority to commit an offender to the custody of the division shall also apply to an offender, originally committed to the Department of Human Resources, who must be transferred to the Department of Corrections by the court, under the power granted the court in Ga. L. 1969, pp. 886, 997, upon an offender's reaching the age of 17. (2) Confinement. If the court concludes probation would not be in his best interests, the court may commit him to the custody of the Division. Subject to the provisions of section 11 (b) and section 12 (b) of this Act, relating to the time at which a youthful offender must be conditionally released and unconditionally discharged, respectively, when a youthful offender is so committed by the court, the duration of the youthful offender's confinement shall be a matter within the discretion of the Director and the Division, subject to the approval of the Board of Pardons and Paroles where such approval is required. (c) One who has been sentenced under this Act shall lose his status as a `youthful offender' and will no longer be eligible for conditional or unconditional release, but will only be eligible for pardon, parole, or remission of sentence in the same manner as one who was not sentenced under this Act, if at any time while serving a sentence under this Act, either in the custody of the Division or on conditional release, he receives a second felony sentence, either concurrent or consecutive, which the sentencing court did not elect to impose under this Act. (d) A person either on parole, on conditional release

Page 907

(under some Act other than this one), or in the custody of the Board of Corrections, who is serving a sentence which the sentencing court did not elect to impose under this Act and receives a concurrent second sentence which the sentencing court elects to impose under this Act shall not gain the status of a `youthful offender' by virtue of said second sentence. This second sentence shall be returned to the sentencing court for imposition of a sentence under any other provision of law. (e) The effect of a person's losing the status of `youthful offender' shall be that person will not be eligible for conditional or unconditional release under the provisions of this Act, but will only be eligible for discharge, pardon, parole, conditional release or remission of sentence in the same manner as one who was not sentenced under this Act. Computation of the minimum or maximum discharge date upon the offender's losing status as a youthful offender, shall be based upon a term of six years or a term equal to the maximum sentence which could have been imposed for the offense, if less than six years. Provided, however, the Board of Corrections may in its discretion assign a person committed to its custody who but for the above would have the status of a `youthful offender' to the Division for treatment at facilities provided for youthful offenders. Section 9. Said Act is further amended by deleting the final sentence of subsection (c) of section sixteen of that Act and inserting in lieu thereof the following sentence: A person sentenced under this Act to the custody of the Division should have his eligiblity for parole computed in the same manner as if he has been committed to the Board of Corrections for a definite term of six years: Provided that a person sentenced under this Act for a crime for which the maximum sentence is less than six years shall have his eligibility for parole computed in the same manner as if he had been committed for the maximum term. so that subsection (c) of section sixteen, when amended, shall read:

Page 908

(c) Nothing in this Act shall be construed in any wise to amend, repeal or affect the jurisdiction of the Pardons and Paroles Board. A person sentenced under this Act to the custody of the Division should have his eligibility for parole computed in the same manner as if he had been committed to the Board of Corrections for a definite term of six years: Provided that a person sentenced under this Act for a crime for which the maximum sentence is less than six years shall have his eligibility for parole computed in the same manner as if he had been committed for that maximum term. Section 10. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. BOARD OF CORRECTIONSAUTHORIZED TO PAY COUNTIES FOR OPERATING CORRECTIONAL INSTITUTIONS. No. 582 (House Bill No. 696). An Act to amend an Act to comprehensively and exhaustively revise, supersede and consolidate the laws relating to the State Board of Corrections and to prisons, public work camps and prisoners, approved February 20, 1956 (Ga. L. 1956, p. 161), as amended, so as to provide that the State Board of Corrections shall be authorized to pay counties maintaining and operating correctional institutions in which state prisoners are assigned money, appropriated by the General Assembly for this purpose, for each state prisoner assigned to the county correctional institution; to provide that the funds so paid shall only be for the operation and maintenance of county correctional institutions; to provide that county correctional institutions may participate in state purchasing contracts; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 909

Section 1. An Act to amend an Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, public work camps and prisoners, approved February 20, 1956 (Ga. L. 1956, p. 161), as amended, is hereby amended by striking paragraph (c) of section 16 of said Act in its entirety and inserting in lieu thereof a new paragraph (c) of section 16 to read as follows: Section 16 (c). Each county establishing a county correctional institution which complies with the rules and requirements established by the Board of Corrections and which is approved by such Board shall receive a quota of prisoners in accordance with such methods of apportionment as may be established by said board. The Board of Corrections is authorized, pursuant to rules and regulations adopted by said board, to pay funds in an amount appropriated by the General Assembly for this purpose, for each state prisoner assigned to a county correctional institution, to the county operating the facility. The amount so paid shall be determined on the basis of an equal amount per day for each state prisoner assigned to the county correctional institution. Money so paid to a county shall only be used for the operation and maintenance of county correctional institutions. Following a full hearing the State Board of Corrections is hereby given the authority to withhold payment and/or withdraw all prisoners from any county correctional institution which does not at any time meet or comply with the rules, regulations, and requirements of the board or comply with its directions. Section 2. County institutions may participate in all State purchasing contracts for the purpose of providing materials and supplies to state or county inmates. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming a law without his approval. Effective date.

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Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. PRISONERSLEAVE MAY BE GRANTED TO PARTICIPATE IN SPECIAL COMMUNITY PROGRAMS, ETC. No. 583 (House Bill No. 697). An Act to amend an Act authorizing the Director of the Department of Corrections to allow inmates of State penal institutions to take special leave for the purpose of participation in special community or other meritorious programs or activities deemed beneficial to the inmate and not detrimental to the public, approved April 1, 1971, (Ga. L. 1971, p. 342), as amended, particularly by an Act approved March 28, 1972, (Ga. L. 1972, p. 579), so as to provide that the Director of Corrections may delegate the authority to any warden or superintendent of any penal institution in which inmates committed to the custody of the Director of Corrections have been assigned to issue limited pass privileges to certain inmates without prior written approval of the Director of Corrections; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act authorizing the Director of Corrections to allow inmates of State penal institutions to take special leave for the purpose of participation in special community or other meritorious programs or activities deemed beneficial to the inmate and not detrimental to the public, approved April 1, 1971, (Ga. L. 1971, p. 342), as amended, particularly by an Act approved March 28, 1972, (Ga. L. 1972, p. 579), is hereby amended by adding a new section to be designated and known as section 3B, to read as follows: Section 3B. The Director of Corrections may delegate the authority to any warden or superintendent of any state

Page 911

institution in which inmates committed to the custody of the Director of Corrections have been assigned, to issue limited privileges to leave the confines of the institution, not to exceed twelve (12) hours and not to extend beyond daylight hours, to any inmate for whom the Director of Corrections has extended, under the authority of Ga. Laws 1968, p. 1399, as amended, the limits of the inmate's place of confinement. The limited privileges authorized in this section may only be granted to accomplish the purposes enumerated in section 3 of this Act. The warden or superintendent granting privileges under this section must maintain detailed records of passes authorized by this section. 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 April 18, 1975. MOTOR VEHICLE FRANCHISE PRACTICES ACT AMENDEDPENALTY FOR FAILURE TO RENEW REGISTRATION PROVIDED, ETC. No. 584 (House Bill No. 708). An Act to amend the Motor Vehicle Franchise Practices Act, approved February 28, 1974 (Ga. L. 1974, p. 134), so as to provide sanctions against dealers who fail to register or renew their registrations; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Motor Vehicle Franchise Practices Act, approved February 28, 1974 (Ga. L. 1974, p. 134), is hereby amended by striking the last sentence of subsection (f) of section 5 and substituting in lieu thereof the following:

Page 912

If any dealer shall fail to register and pay the fees herein provided and continue to fail to register or renew such registration for a period of 90 days, said dealer shall be subject to a penalty of not less than $25.00 nor more than $100.00 as may be determined and established by the Commission. If said dealer then continues to fail or refuses to register or renew such registration for a period of 30 additional days, the Commission shall then notify said dealer in writing to appear before the Commission on a day certain for the purpose of conducting a hearing to determine if said dealer's right to continue the dealership shall be suspended; provided, however, such dealer shall be entitled to a minimum of 15 days' notice of the date of such hearing. Should the Commission determine that such dealer's right to continue the dealership shall be suspended, the manufacturer, distributor, wholesaler, factory branch or division, distributor branch, wholesaler branch or division, factory representative or distributor representative shall not be authorized, as a result of the decision of said Commission, to rescind or cancel said dealer's franchise agreement, notwithstanding any terms, covenants or conditions of the said franchise agreement, but must serve notice of its intent to so cancel or rescind said franchise agreement after which the Commission shall establish a day certain for a hearing pursuant to the procedures as established within this Act., so that when so amended, subsection (f) shall read as follows: (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 and continue to fail to register or renew such registration for a period of 90 days, said dealer shall be subject to a penalty of not less than $25.00 nor more than $100.00 as may be determined and established by the Commission. If said

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dealer then continues to fail or refuses to register or renew such registration for a period of 30 additional days, the Commission shall then notify said dealer in writing to appear before the Commission on a day certain for the purpose of conducting a hearing to determine if said dealer's right to continue the dealership shall be suspended; provided, however, such dealer shall be entitled to a minimum of 15 days' notice of the date of such hearing. Should the Commission determine that such dealer's right to continue the dealership shall be suspended, the manufacturer, distributor, wholesaler, factory branch or division, distributor branch, wholesaler branch or division, factory representative or distributor representative shall not be authorized, as a result of the decision of said Commission, to rescind or cancel said dealer's franchise agreement, notwithstanding any terms, covenants or conditions of the said franchise agreement, but must serve notice of its intent to so cancel or rescind said franchise agreement after which the Commission shall establish a day certain for a hearing pursuant to the procedures as established within this Act. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. MOTOR VEHICLES, ABANDONEDPROVISION'S RELATING TO PUBLIC SALE CHANGED. No. 585 (House Bill No. 710). An Act to amend an Act providing for the sale of certain abandoned motor vehicles approved March 23, 1972 (Ga. L. 1972, p. 342), so as to change certain of the provisions relative to the sale of abandoned motor vehicles at public auctions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the sale of certain abandoned motor vehicles, approved March 23, 1972 (Ga. L.

Page 914

1972, p. 342), is hereby amended by striking from section 4 the first sentence thereof and substituting in lieu thereof the following: An abandoned motor vehicle may be sold at public auction by any automobile dealer, wrecker service or repair service owner or by any person or firm on whose property a motor vehicle has been brought pursuant to subsection (c) of section 1 of this Act., so that when so amended, section 54 shall read as follows: Section 4. An abandoned motor vehicle may be sold at public auction by any automobile dealer, wrecker service or repair service owner, or by any person or firm on whose property a motor vehicle has been brought pursuant to subsection (c) of section 1 of this Act. Upon payment of the sales price, the purchaser shall be entitled to and the person making such sale shall issue to him a bill of sale to such abandoned motor vehicle, free and clear of all liens and encumbrances. Any such purchaser may obtain a certificate of title to any such motor vehicle so purchased by filing the prescribed application, accompanied by a certified copy of the bill of sale, and the payment of the lawful fees therefor, and upon compliance with such requirements by such purchaser, it shall be the duty of the State Revenue Commissioner to issue such certificate of title. Such new certificate of title shall be free and clear of all claims of former owners and lienholders. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. MOTOR VEHICLE FRANCHISE ACT AMENDEDCOMPENSATION OF DEALERS FOR WARRANTY SERVICE PROVIDED. No. 586 (House Bill No. 711). An Act to amend the Motor Vehicle Franchise Practices Act, approved February 28, 1974 (Ga. L. 1974, p. 134), so as to

Page 915

change certain provisions relating to the compensation of dealers for warranty service; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Motor Vehicle Franchise Practices Act, approved February 28, 1974 (Ga. l. 1974, P. 134), is hereby amended by striking from paragraph (5) of subsection (a) of section 6 the last sentence thereof, and substituting in lieu thereof the following: In the determination of what constitutes reasonable compensation under this section, consideration shall be given to that compensation being charged by that particular dealer to its nonwarranty customers for the same work, parts and services., so that when so amended, said paragraph shall read as follows: (5) Being a manufacturer, distributor, wholesaler, factory branch or division, distributor branch, wholesaler 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 obligation 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, consideration shall be given to that compensation being charged by that particular dealer to its nonwarranty customers for the same work, parts and services.

Page 916

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. HEALTHAMBULANCE INSURANCE CONDITION PRECEDENT TO LICENSE. Code Chapter 88-31 Amended. No. 588 (House Bill No. 752). An Act to amend Code Chapter 88-31, relating to ambulance service, as amended, so as to require public and private ambulances to be insured as a condition of licensing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 88-31, relating to ambulance service, as amended, is hereby amended by adding thereto a new Code section, to be designated Code section 88-3104.1, to read as follows: 88-3104.1. Insurance required as a condition of licensing. (a) Every ambulance operated by persons engaged in providing ambulance service shall have insurance coverage issued by an insurance company licensed to do business in Georgia providing at least the minimum coverage required for motor vehicles under the provisions of the Georgia Motor Vehicle Accident Reparations Act, as amended. (b) No ambulance shall be licensed, nor shall any license be renewed, unless the ambulance has insurance coverage in force as required by this section. A certificate of insurance shall be submitted to the license officer for approval prior to the issuance or renewal of each ambulance license. Satisfactory evidence that such insurance is at all times in force and effect shall be furnished to the license officer, in such form as he may specify, by all licensees required to provide such insurance under the provisions of this section.

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(c) The provisions of this section shall apply to all ambulances, whether privately operated or operated by the State, any political subdivision of the State or any municipality. Section 2. Said Code Chapter is further amended by striking Code section 88-3105 in its entirety, and substituting in lieu thereof a new Code section 88-3105 to read as follows: Section 88-3105. Standards for ambulances. Ambulances operated by persons engaged in providing ambulance service shall: (a) Be suitable for the transportation of patients from the standpoint of health, sanitation and safety, and be maintained on suitable premises; (b) Have supplies and equipment readily available for dressing wounds, splinting fractures, controlling hemorrhaging and providing oxygen; (c) Be equipped with approved safety belts for the driver and for a passenger in the front seat if such seat is provided. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. STATE DEPOSITORIESCERTAIN COLLATERAL APPROVED. Code 100-108 Amended. No. 589 (House Bill No. 758). An Act to amend Code section 100-108, relating to bonds and securities required to secure State deposits, as amended, so as to provide that the guarantee or the insurance of accounts by the Federal Savings and Loan Insurance Corporation shall be accepted as collateral by the Director

Page 918

of the Fiscal Division of the Department of Administrative Services to cover State funds on deposit in State depositories to the extent authorized by the federal law governing the Federal Savings and Loan Insurance Corporation; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 100-108, relating to bonds and securities required to secure State deposits, as amended, is hereby amended by striking paragraph 5 of subsection (a) in its entirety and inserting in lieu thereof a new paragraph 5 of subsection (a) of Code section 100-108 to read as follows: (5) A State depository may deposit with the director bonds, bills, certificates of indebtedness, notes or other obligations of a subsidiary corporation of the United States government, which are fully guaranteed by the United States government both as to principal and interest, and the guarantee of the Federal Deposit Insurance Corporation and the guarantee or insurance of accounts of the Federal Savings and Loan Insurance Corporation shall be accepted as collateral by the director to cover State funds on deposit in State depositories to the extent authorized by the Federal law governing, respectively, the Federal Deposit Insurance Corporation and the Federal Savings and Loan Insurance Corporation. Code 100-108 amended. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975.

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GEORGIA CONTROLLED SUBSTANCES ACT AMENDEDFORFEITURE OF MARIJUANA CONVEYANCES AUTHORIZED. Code 79A-828 Amended. No. 590 (House Bill No. 762). An Act to amend Code section 79A-828, relating to forfeitures under the Georgia Controlled Substances Act, so as to provide for forfeiture of conveyances in which certain amounts of marijuana is found; to change certain procedures; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 79A-828, relating to forfeitures under the Georgia Controlled Substances Act, is hereby amended by striking subsection (a), thereof, in its entirety, and substituting in lieu thereof a new subsection (a) to read as follows: (a) The following are subject to forfeitures: (1) all controlled substances and marijuana which have been manufactured, distributed, dispensed, held, or acquired in violation of this Chapter; and Code 79A-828(a) amended. (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 or marijuana in violation of this Chapter; and (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,

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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. (iv) no conveyance is subject to forfeiture under this section for violations which involve no controlled substances and four (4) ounces or less of marijuana. (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 Section 2. Said Code section is further amended by striking subsection (e), thereof, in its entirety and substituting in lieu thereof a new subsection (e) to read as follows: (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

Page 921

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 filling 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. A copy of said libel shall be served on the owner or lessee, if known, and if the owner or lessee is unknown, notice of such proceedings shall be published once a week for two weeks in the newspaper in which the sheriff's advertisements are published. At the expiration of thirty (30) 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. Code 79A-828(e) amended. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. SHERIFFS' BONDS INCREASED. Code 24-2805 Amended. No. 591 (House Bill No. 765). An Act to amend section 24-2805 of the Code of Georgia relating to the surety bonds which must be given by sheriffs for the faithful discharge of their duties so as to

Page 922

increase the amount of said bond; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 24-2805, relating to the bonds which must be given by sheriffs, is hereby amended by striking from said section the following: $10,000, and inserting in lieu thereof the following: $25,000, so that when amended code section 24-2805 shall read as follows: They shall also give a bond, with at least two sureties, in the sum of $25,000 which amount may be increased in any county by local Act, conditioned for the faithful performance of their duties as sheriffs, by themselves, their deputies, and their jailers, and upon the terms required by law. Code 24-2805 amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. JUDGE OF PROBATE COURTSBONDS INCREASED. Code 24-1704 Amended. No. 592 (House Bill No. 766). An Act to amend section 24-1704 of the Code of Georgia relating to the surety bonds which must be given by judges of probate courts for the faithful discharge of

Page 923

their duties so as to increase the amount of said bonds; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 24-1704, relating to the bond which must be given by judges of probate courts for the faithful discharge of their duties, is hereby amended by striking the following: $10,000, and inserting in lieu thereof the following: $25,000, so that when amended code section 24-1704 shall read as follows: They must also give bond or surety, in the sum of $25,000, which amount may be increased in any county by local Act, for the faithful discharge of their duties as clerks of the judge of probate courts. Code 24-1704 amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. SUPERIOR COURT CLERKSBONDS INCREASED. Code 24-2713 Amended. No. 593 (House Bill No. 767). An Act to amend section 24-2713 of the Code of Georgia relating to the surety bonds which must be given by clerks of superior courts for the faithful discharge of their

Page 924

duties so as to increase the amount of said bond; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 24-2713, relating to the bond which must be executed by the clerks of the superior courts, is hereby amended by striking from said section the following: $10,000, and inserting in lieu thereof the following: $25,000, so that when amended Code section 24-2713 shall read as follows: They also shall at the same time (except those appointed by the judges of the superior court, and those becoming clerk by operation of law) execute bond in the sum of $25,000 which amount may be increased in any county by local Act. They shall have the power to appoint a deputy or deputies, and may require from them bonds with good security, who shall take same oath as the clerks do before entering upon the discharge of their duties, and whose powers and duties are the same as long as the principal continues in office and not longer, for faithful performance of which they and their securities are bound. Code 24-2713 amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975.

Page 925

CLERKS OF ANY STATE COURTBONDS INCREASED. No. 594 (House Bill No. 768). An Act to amend an Act which provides for the organization, jurisdiction, venue, practice and procedure of certain courts which are below the Superior court level, approved March 24, 1970, (Ga. L. 1970, p. 679), so as to provide for bonds for clerks of the state courts; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act approved March 24, 1970 (Ga. L. 1970, p. 679) is hereby amended by adding thereto the following section to be known as section 10A: Any person who serves as a clerk of any state court shall as a qualification of holding his office execute bond in the sum of $25,000 for the faithful performance of his duties as clerk which amount may be increased in any county by local Act; provided, however, that any clerk of a superior court who is also serving as clerk of a state court shall not be required to post a bond under this section but such bond given by the clerk of the superior court for the faithful performance of his duties shall be conditioned on his faithful performance of his duties as clerk of the state court. Section 3. All laws or parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. GEORGIA PRODUCTIVITY CENTER DESIGNATED. No. 42 (House Resolution No. 155-655). A Resolution. Designating the Engineering Experiment Station at Georgia Tech as the Georgia Productivity Center; and for other purposes.

Page 926

Whereas, the decline in the rate of productivity growth in the United States has contributed to inflation and adversely affected the competitive position of the United States in world markets; and Whereas, this Body recognizes that a high rate of productivity growth is essential to a stable, sound economy capable of providing for the general welfare, health and happiness of all Georgians; and Whereas, there is a need to increase employment within the State and efforts should be made to enhance the competitive position of existing Georgia industry relative to that of the region and the nation by finding ways to improve the productivity of Georgia industry at a faster rate than the growth of the regional and national industrial base; and Whereas, this Body recognizes the role of technology in efforts to improve productivity and the need for a designated group within the State government to coordinate federally funded programs for improving productivity; and Whereas, the activities conducted under the present Engineering Experiment Station Productivity Program are recognized as meeting these needs and should be expanded to meet the increasing need for productivity improvement. Now, therefore, be it resolved by the General Assembly of Georgia that the members of this Body do hereby designate the Engineering Experiment Station at Georgia Tech as the Georgia Productivity Center and do provide that this center shall administer research and development projects directed to improving productivity in the industrial, service and government sectors. Be it further resolved that the Georgia Productivity Center shall: (a) promote efforts which will stimulate the adoption

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of new methods and technology in all sectors of the economy; (b) encourage productivity growth consistent with economic needs and the needs to protect the environment and the work force; (c) perform research and development projects in conjunction with those of the National Commission on Productivity and Work Quality and other federal agencies; (d) review productivity growth in the public and private sectors and make recommendations to the State for improving productivity growth. Be it further resolved that an advisory council made up of representatives from industry and government shall be appointed by the Governor to provide guidance for the center and to act as liaison between the center and the various sectors of the Georgia production base. Approved April 18, 1975. HONEYBEE DESIGNATED AS OFFICIAL STATE INSECT. No. 43 (Senate Resolution No. 99). A Resolution. Designating the honeybee as the official State insect; and for other purposes. Whereas, honey produced by honeybees provides significant income to an important section of Georgia's economy; and Whereas, the honeybee is a valuable asset to the agricultural interest of this State; and

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Whereas, if it were not for the cross-pollination activities of honeybees for over fifty different crops, we would soon have to live on cereals and nuts; and Whereas, the honeybee far surpasses any other insects insofar as its contributions to man; and Whereas, the importance of the honeybee to the agricultural interest and the welfare of the citizens of this State should be appropriately recognized. Now, therefore, be it resolved by the General Assembly of Georgia that the honeybee is hereby designated as the State of Georgia's official insect. Approved April 18, 1975. GEORGIA SECURITIES ACT AMENDED CERTAIN TERMS REDEFINED, ETC. No. 595 (House Bill No. 876). An Act to amend an Act known as the Georgia Securities Act of 1973, approved April 18, 1973 (Ga. L. 1973, p. 1202), as amended by an Act approved April 19, 1974 (Ga. L. 1974, p. 284), so as to redefine certain terms; to authorize the Commissioner to impose fees to cover the costs of giving examinations; to provide for the filing of a balance sheet within one year prior to the date of filing under certain conditions; to authorize the Commissioner to the waive the furnishing of information except under certain conditions; to provide that the filing of bonds shall not be applicable if certain requirements are met; to authorize certain deposits or a letter of credit in lieu of bond; to provide for the release of deposits; to provide for the payment of deposits to creditors for violations; to provide for the payment of deposits to trustees or receivers; to provide that registrations may be amended to reflect certain changes; to authorize the Commissioner to prescribe the procedure for amending registrations;

Page 929

to change the provisions relating to the suspension and revocation of registrations; to provide that certain statements of an issuer and its subsidiaries shall be certified; to provide for non-profit issuer registration; to change the provisions relating to filing fees; to provide that an issuer shall not be required to file a bond if the securities will be sold in Georgia through dealers or limited dealers registered under this Act; to provide that every offering circular or prospectus shall contain a certain legend on the cover page in boldface or capital type; to provide that every issuer which has registered securities in this State shall file with the Commissioner certain financial statements; to provide that no financial statements need be filed following termination of such registration statements; to provide for the filing of certain financial statements with the Commissioner for a period beginning on the effective date of such registration statement and ending 12 months after the termination date of such registration statement or renewals thereof; to provide for the filing of financial statements of any business to be purchased with a substantial part of the proceeds of an issue; to provide for the filing of individual statements; to provide for the delivery of a copy of each financial statement filed with the Commissioner with any prospectus required to be delivered under this Act; to provide for amending registration statements; to provide for the filing of supplemental statements; to provide for the filing of such information as the Commissioner may require in the case of an exemption under the Securities Act of 1933 which has been approved by the Commissioner; to change the provisions relating to exempt securities and transactions; to provide that any transaction involving the issuance and delivery of securities of an issuer to its own security holders as a result of a dividend or other distribution (whether the person distributing the dividend or other distribution is the issuer of the security or not), a split of securities or recapitalization is an exempt transaction; to provide for serving subpoenas by registered mail, return receipt requested, to the addressee's business mailing address; to provide that the Commissioner may, with the approval of the Attorney General, issue an order requiring an individual to give

Page 930

testimony or provide other informtaion which he refuses to give or provide on the basis of his privilege against self-incrimination only under certain conditions; to provide that it shall be unlawful to commit certain acts; to provide for the sending of prompt notices of opportunity for hearing by the Commissioner after the entering of any order for revocation or suspension; to provide that notices of opportunities for hearing shall be served by investigators appointed by the Commissioner; 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 Securities Act of 1973, approved April 18, 1973 (Ga. L. 1973, p. 1202), as amended by an Act approved April 19, 1974 (Ga. L. 1974, p. 284), is hereby amended by striking paragraphs (9), (13) and (16) of subsection (a) of section 2 in their entirety and inserting in lieu thereof new paragraphs (9), (13) and (16) of subsections (a) of section 2 to read as follows: (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. A limited salesman may be authorized to sell or offer for sale securities of one or more issuers either concurrently or successively provided such issuers are affiliates and provided further that one of such issuers shall enter into and file with the Commissioner a written agreement which shall provide that such issuer shall be primarily responsible for supervising such limited salesman and shall assume all duties, responsibilities and liabilities imposed by this Act for the securities transactions of such limited salesman to the same extent as if such limited salesman were only registered with respect to such issuer. Nothing in such agreement shall relieve any issuer on whose behalf such limited salesman is acting of the responsibilities imposed upon such issuer by this Act for the securities transactions of such limited salesman. Definitions. (13) `Prospectus' means any prospectus, notice, circular,

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advertisement, sales literature, letter, offering circular, offering sheet, or communication, written or by radio or television, which offers any security for sale or which is used in connection with any such offer or which confirms the sale of any security; except that (i) a confirmation of the sale of a security which is sent or given after the effective date of the registration statement shall not be deemed a prospectus if it is proved that prior to or at the same time with such confirmation a written prospectus, meeting the requirements of section 5(a) (3), 5(d) (3), or 5(e) (4), as appropriate to form of registration hereunder, at the time of such confirmation, was sent or given to the person to whom the confirmation was sent or given, and (ii) a notice, circular, advertisement, sales literature, letter or communication in respect of a security shall not be deemed to be a prospectus if it states from whom a written prospectus meeting the requirements of section 5(a) (3), 5(d) (3), or 5(e) (4) may be obtained and, in addition, does no more than identify the security, state the price thereof, state by whom orders will be executed, and contain such other information as the Commissioner, by rules or regulations, deemed necessary or appropriate in the public interest and for the protection of investors, and subject to such terms and conditions as may be prescribed therein, may permit. (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

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(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 any variable annuity contract as provided for and regulated under the Georgia Insurance Code and issued by a life insurance company licensed to do business in the State of Georgia, nor shall it mean any interest in a residential unit and a rental management arrangement relating to such residential unit so long as the owner-participants under the rental management arrangement, whether optional or mandatory, do not participate directly in the income derived from the rental of units owned by others. Section 2. Said Act is further amended by renumbering paragraphs (19) and (20) of subsection (a) of section 2 as paragraphs (20) and (21) respectively and by inserting a new paragraph (19) of subsection (a) of section 2 to read as follows: (19) `State' means any state, territory or possession of the United States, the District of Columbia, Puerto Rico and the Virgin Islands. Section 3. Said Act is further amended by striking paragraph (10) of subsection (b) of section 3 in its entirety and inserting in lieu thereof a new paragraph (10) of subsection (b) of section 3 to read as follows: (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 prior to the date of filing unless the fiscal year of the applicant

Page 933

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. Balance sheet. Section 4. Said Act is further amended by striking the second and third subparagraphs of paragraph (11) of subsection (b) of section 3 in their entirety and inserting in lieu thereof a new second and third subparagraphs of paragraph (11) of subsection (b) of section 3 to read as follows: The Commissioner may waive the furnishing of any information required by this subsection (b) (other than the requirements with respect to financial statements provided for in paragraph (10) of subsection (b) of this section 3) 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. 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'

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refers to a person associated with such dealer or applicant who is engaged in the management of such dealer's or applicant's business, including the supervision, solicitation or conduct of such business, or the training of persons associated with such dealer or applicant for any of these functions. Section 5. Said Act is further amended by striking the next to the last subparagraph of paragraph (7) of subsection (c) of section 3 in its entirety and inserting in lieu thereof a new next to the last subparagraph of paragraph (7) of subsection (c) of section 3 to read as follows: No applicant shall be registered as a salesman or limited salesman under this Act, nor any such registration be renewed, unless such person has passed a written examination administered by the Commissioner or someone acting under his direction, or unless such applicant presents proof satisfactory to the Commissioner showing that he has previously passed a similar examination conducted by the National Association of Securities Dealers, Inc., or any other examination substantially similar to that given by the Commissioner, as the Commissioner may determine. The Commissioner is further authorized to prescribe the time, manner and procedure relative to the holding of such examination, and may impose a fee against such applicant taking said examination to cover the costs thereof. Salesman. Section 6. Said Act is further amended by striking subsection (g) of section 3 in its entirety and inserting in lieu thereof a new subsection (g) of section 3 to read as follows: (g) Bonds. (1) 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

Page 935

principal with any and all provisions of this Act and any regulations and orders issued by the Commissioner. Any such bond may be cancelled by the principal or surety by giving notice to the Commissioner, but such cancellation shall not affect any cause of action accruing thereon prior to cancellation and such cancellation shall result in automatic cancellation of the principal's registration until new bond satisfactory to the Commissioner is filed. Any cause of action on such bond must be brought within two (2) years after accrual thereof. The amounts above prescribed for the bonds required of salesmen, limited salesmen, dealers and limited dealers shall be construed as being the aggregate liability recoverable against such bonds, regardless of the number of claimants, and shall not be construed as individual liability. (2) 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, as of the dates of the most recent balance sheet certified by an independent public accountant filed by such applicant pursuant to this section 3 and any subsequent noncertified balance sheet so filed, such applicant had a minimum capital of not less than $250,000. For purposes of the preceding sentence, minimum capital shall mean net worth as determined in accordance with generally accepted accounting principles; unless for the purposes of this paragraph (2) the Commissioner shall adopt rules and regulations for determining the minimum capital of a dealer or limited dealer, in which case minimum capital shall be determined in accordance with such rules or regulations. The aforesaid balance sheets filed by such applicant shall be used to determine such applicant's minimum capital unless the Commissioner shall have adopted the rules or regulations authorized in the preceding sentence, in which case the applicant's minimum capital shall be determined from schedules prepared in accordance with such rules or regulations. The schedule prepared as of the date of the certified balance sheet referred to above shall be certified as having been prepared in accordance with the rules or regulations adopted by the Commissioner, as provided above, by an independent public accountant duly registered and in good standing as such under the laws of the

Page 936

place of his residence. 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 of limited dealer by whom such applicant is employed, or is to be employed, is not subject to the bond requirements of this section. (3) The requirement for filing such bond by an applicant for registration, or renewal of registration, as a dealer or limited dealer shall not be applicable if such applicant has deposited in trust with the Commissioner (i) a certificate of deposit evidencing a deposit with a financial institution satisfactory to the Commissioner in the amount of $25,000 payable to the applicant and assigned to the Commissioner, (ii) an irrevocable letter of credit addressed to the Commissioner in the amount of $25,000, issued by a bank which is a member of the Federal Reserve System and conditioned only upon the rendering of a judgment by a court of competent jurisdiction in which the applicant is found liable for damages under this Act, or (iii) obligations of the United States, an agency thereof, or of the State of Georgia which mature in not more than 2 years and which have a market value as of the date of deposit of at least $25,000. Such deposits shall be held for the benefit of all persons to whom applicant is liable for damages under this Act for a period of two years after such applicant's registration has expired or been revoked; provided, however, such deposits shall not be released at any time while there is pending against applicant an action (including any direct appeal of such action or an appeal based on a petition for certiorari jurisdiction), of which the Commissioner has notice, in a court of competent jurisdiction in which it is alleged that applicant is liable for damages under this Act. Such deposits shall not be released except upon application to and the written order of the Commissioner. The Commissioner shall have no liability for any such release of any deposit or part thereof so made by him in good faith. The Commissioner may designate any regularly constituted State depository having trust powers domiciled in this State as a depository to receive and hold any such deposit. Any such deposit so held shall be at the expense of the applicant. Such depository shall give to the Commissioner proper trust and safekeeping receipt upon

Page 937

which the Commissioner shall give official receipt to the applicant. The State of Georgia shall be responsible for the safekeeping and return of all deposits made pursuant to this section. So long as the applicant complies with this Act, the applicant may demand, receive, sue for and recover the income from the securities deposited or may exchange and substitute for the letter of credit or securities deposited, or a part thereof, with the approval of the Commissioner, a letter of credit or securities of the kinds specified above of equivalent or greater value. No judgment creditor or other claimant of applicant shall levy upon any deposit held pursuant to this Section, or upon any part thereof, except as specified herein. Whenever any person shall file an action in a court of competent jurisdiction in which it is alleged that the applicant is liable for damages under this Act, such person, in order to secure his recovery, may give notice to the Commissioner of such alleged liability and of the amount of damages claimed, after which notice the Commissioner shall be bound to retain, subject to the order of the Superior Court of Fulton County, as provided below, a sufficient amount of the deposit to pay the judgment in said action. In the event that the applicant prevails in such action and in the event that such deposits have been held by the Commissioner for a period of at least 2 years after such applicant's registration has expired or been revoked, then such deposits shall be released to applicant; provided, however, such deposits shall not be released at any time while there is pending against applicant an action (including any direct appeal of such action or an appeal based on a petition for certiorari jurisdiction), of which the Commissioner has notice, in a court of competent jurisdiction in which it is alleged that applicant is liable for damages under this Act. In the event that a judgment is rendered in such action by which it is determined that applicant is liable for damages under this Act, and applicant has not paid such judgment within 10 days of the date such judgment became final, or in the event such applicant petitions for the Supreme Court of the United States to take certiorari jurisdiction over such action, such applicant has not paid such judgment within 10 days of the date the Supreme Court of the United States denies certiorari jurisdiction or within 10 days of the date

Page 938

the Supreme Court of the United States affirms such judgment, then said person may petition the Superior Court of Fulton County for an order directing the Commissioner to reduce such deposit, of a portion thereof sufficient to pay such judgment, to cash or its equivalent and to pay such judgment to the extent such judgment may be satisfied with the proceeds of such deposit. If there shall remain any residue from such deposit and if at least 2 years have passed since the expiration or revocation of such applicant's registration, the Commissioner shall pay over such residue to the applicant, taking his receipt for such residue, which shall be filed and recorded with the other papers of the case, unless there is pending against applicant an action (including any direct appeal of such action or an appeal based on a petition for certiorari jurisdiction) of which the Commissioner has notice in a court of competent jurisdiction in which it is alleged that applicant is liable for damages under this Act, in which case the Commissioner shall hold or dispose of such residue in accordance with the provisions of this paragraph (3) relating to the holding or disposing of the entire deposit. In the event that more than one final judgment is rendered against the applicant for violation of this Act, the judgment creditors shall be paid in full from such deposit or residue thereof, to the extent such deposit or residue is sufficient to pay such judgment, in the order in which such judgment creditors petitioned the Superior Court of Fulton County. (4) Anything herein to the contrary notwithstanding, the Commissioner shall comply with any order of a Georgia or United States Court of competent jurisdiction to turn over any deposit held by him pursuant to paragraph (3) of this subsection (g) or the proceeds from any bond held by him pursuant to paragraph (1) of this subsection (g) to a trustee or receiver for the use and sole benefit of persons on whose behalf the Commissioner holds such deposit or proceeds. Section 7. Said Act is further amended by adding a new subsection (i) at the end of section 3 to read as follows:

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(i) The registration of a dealer or limited dealer may, at the registrant's option, be amended to reflect a change of name, address, branch offices, principals, state of incorporation, corporate forms (including a merger of two registered dealers) or other change which does not materially affect the business of the dealer or limited dealer. Applications by dealers and limited dealers to amend their registrations shall be made in a manner which the Commissioner may, by rule or regulation, prescribe, and the Commissioner may charge (1) a fee for such amendments, which fee shall not exceed the fee provided for renewal of such registrations and (2) a fee of one dollar for each salesman's or limited salesman's license which must be altered because of the amendment. Dealer registration. Section 8. Said Act is further amended by striking the first two paragraphs of subsection (b) of section 4 and substituting in lieu thereof one new paragraph to read as follows: Where the Commissioner finds that there are grounds for revocation or suspension as hereinbefore provided, he may issue an order suspending or revoking the registration of any dealer, limited dealer, salesman or limited salesman. Such order shall not be effective until notice and opportunity for hearing are provided in accordance with section 17 of this Act and until the Commissioner shall issue a written order in accordance with section 17 (g) of this Act if such dealer, limited dealer, salesman or limited salesman requests a hearing under section 17 of this Act, but the Commissioner may, if he finds that the public safety or welfare requires emergency action, order an immediate suspension of the registration of a dealer, limited dealer, salesman or limited salesman. An order of immediate suspension will expire automatically if the Commissioner fails to afford notice and opportunity for hearing pursuant to section 17 of this Act. Revocation. Section 9. Said Act is further amended by striking subparagraphs (x) and (xv) of paragraph (1) of subsection (b) of section 5 in their entirety and inserting in lieu thereof new subparagraphs (x) and (xv) of paragraph (1) of subsection (b) of section 5 to read as follows:

Page 940

(x) the net estimated cash proceeds to be received by the issuer from the offering after deducting all estimated expenses of the offering; the purposes for which the proceeds are to be used by the issuer; the amount proposed to be used for each purpose; the proposed order of priority in which the proceeds will be used for the purposes stated in the event the offering is not pursuant to an underwriting agreement under which no securities will be sold unless all securities to be offered are sold; the amounts of any funds to be raised from other sources to achieve the purposes stated; the nature of the sources of any such funds; (xv) the following financial statements: (i) a balance sheet of the issuer or a consolidated balance sheet of the issuer and its subsidiaries prepared in accordance with generally accepted accounting principles as of a date within ninety (90) days prior to the filing of the registration statement, and, if such balance sheet is not certified, also a certified balance sheet of the issuer or a certified consolidated balance sheet of the issuer and its subsidiaries prepared in accordance with generally accepted accounting principles as of a date not more than one (1) year prior to the date of filing unless the last fiscal year of the issuer has ended within ninety (90) days prior to the date of filing, in which case such certified balance sheet may be as of the end of the fiscal year preceding such last fiscal year; (ii) a profit and loss statement, analysis of surplus and a statement of source and application of funds of the issuer or consolidated statements of the issuer and its subsidiaries, all of which statements shall be certified and 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

Page 941

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 10. Said Act is further amended by striking paragraph 1 of subsection (d) of section 5 in its entirety and inserting in lieu thereof a new paragraph (1) of subsection (d) of section 5 to read as follows: (1) Sales of securities of an issuer by or on behalf of such issuer or an affiliate of such issuer may be made pursuant to a registration statement filed under this subsection (d); provided, however, that the aggregate number of persons in this State 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). Section 11. Said Act is further amended by adding a new subsection (e) at the end of section 5 to read as follows: (e) Nonprofit issuer registration. (1) Sales of securities issued by any person organized and operated (i) not for private profit, and (ii) no part of the net earnings of which inures to the benefit of any person, private stockholder or individual, made by or on behalf of such issuer may be made pursuant

Page 942

to a registration statement filed pursuant to this subsection (e). (2) A registration statement under this subsection (e) shall be signed by the issuer, its chief executive officer, its principal financial officer, its comptroller or principal accounting officer, and the majority of its board of directors or persons performing similar functions (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) and shall contain the following documents: (i) a copy of the prospectus proposed to be used in complying with the requirements of paragraph (4) of this subsection (e); (ii) a copy of any notice, circular, advertisement, sales literature, letter or communication (if any such notice, circular, sales literature, letter or communication is to be used in connection with the offering) in respect of a security which states from whom a written prospectus meeting the requirements of section 5(e) (4) of this Act may be obtained and which does no more than identify the security, state the price thereof, state by whom orders will be executed and contain such other information as the Commissioner, by rules or regulations, deems necessary or appropriate in the public interest and for the protection of investors and subject to such terms and conditions as may be prescribed therein, may permit; (iii) a specimen or copy of the securities being registered; a copy of the issuer's articles of incorporation and by-laws, or their substantial equivalents, as currently in effect; (iv) if the securities described in the prospectus forming a part of the registration statement are to be secured by any interest in or lien upon any real or personal property, a signed opinion of legal counsel which states that such interest or lien will be as described in such prospectus and that such interest or lien has been filed of record and otherwise perfected under applicable law;

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(v) a copy of any underwriting or selling group agreement pursuant to which the distribution is to be made; (vi) a copy of every management or other material contract referred to in the prospectus; (vii) a signed copy of any professional opinion or any reports or certifications specifically referred to in the prospectus; (viii) a copy of any literature concerning the issuer or the offering given to any person directly engaged in the sale of securities; (ix) a written consent of each director of the issuer, or 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; (x) 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; and (xi) a copy of any trust indenture required by paragraph (3) of this subsection (e). (3) (i) If the securities to be registered are bonds, notes, debentures, evidences of indebtedness or any interest in such securities, the provisions for disbursing the proceeds of such securities, for collecting and disbursing funds for the payment of principal of and interest on such securities, and for governing the rights of the trustee and the holders of such securities with respect to any collateral or other security therefor shall be governed by an indenture between the issuer of such securities and a trustee or trustees.

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(ii) Each such trustee shall be an attorney duly admitted to practice before the highest court of any state who is not regularly employed by the issuer or underwriter of the securities subject to the indenture or a corporation which is organized and doing business under the laws of the United States or any state, which is qualified to do business in Georgia, which is authorized to exercise corporate trust powers and which is subject to supervision or examination by an agency or authority of the United States or the state of its incorporation or principal place of business and provided that no such attorney or corporation may serve as trustee if such attorney or corporation (A) serves as trustee under an indenture covering any other securities of the issuer of the securities subject to the indenture, (B) is an affiliate of the issuer or underwriter of the securities subject to the indenture, (C) is a guarantor of, or an affiliate of an obligor upon or a guarantor of the securities subject to the indenture; (D) is the beneficial owner of or holds as collateral security for an obligation which is in default 5% or more of the voting securities of or 10% or more of any other class of security of the issuer of the securities subject to the indenture; or (E) is the beneficial owner of, or holds as collateral security for an obligation which is in default, 10% or more of any class of security of any person who, to the knowledge of such attorney or corporation, owns 50% or more of the voting securities of the issuer or any guarantor of the securities subject to the indenture; and provided further, that no such attorney nor any director or executive officer (or persons performing similar functions) of such corporation (F) is a director, officer, partner, employee, appointee or representative of the issuer, any guarantor, or any underwriter of the securities subject to the indenture; or

Page 945

(G) is a guarantor or underwriter of or an obligor upon the securities subject to the indenture. (iii) Such indenture shall in addition to the provisions specified in subparagraph (i) of this paragraph (3) contain (A) a provision requiring the trustee to maintain a current list of the names and addresses of the holders of the securities subject to the indenture; and (B) a provision that the trustee, in case of any failure to make, when due, any payment into any sinking fund for the repayment of the securities subject to the indenture or any payment of the principal of or interest on the securities subject to the indenture, which failure is not corrected within thirty days of the date such payment was due shall have the authority, to commence a civil action to recover on behalf of the holders of the securities subject to the indenture, all payments of principal and interest which are due and have not been paid; to declare the entire outstanding principal balance of and accrued but unpaid interest on such securities to be immediately due and payable and to commence a civil action to recover such principal and interest on behalf of the holders of the securities subject to the indenture; to take possession of and dispose of any collateral security subject to the indenture; and to secure such additional relief as the parties to the indenture shall provide; and that, upon occurrence of any such failure the trustee shall notify, to the extent that it can identify them, the holders of such securities of the occurrence of such failure and of its intentions with respect thereto. (4) The prospectus required in this paragraph (4) of this subsection (e), shall be delivered to any purchaser of securities registered pursuant to this subsection (e) prior to or simultaneously with the execution by the purchaser of a written agreement to purchase, the delivery of a confirmation of sale, or the payment for securities offered by means of such prospectus, whichever occurs first. The prospectus under which securities registered pursuant to this subsection (e) are sold shall contain the following:

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(i) with respect to the issuer, its name, street address, form of organization and telephone number; the state or foreign jurisdiction and date of its organization and a brief description of the type of business or other endeavors it conducts. (ii) the following financial statements: (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 the date within ninety (90) days prior to the filing of the registration statement and (B) 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 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 statement of source and application of funds 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) a summary of special risk factors, if any, involved in the purchase of such securities; (v) with respect to any underwriter of the securities being registered, a description of all fees, commissions, expenses and other payments and remunerations received or to be received directly or indirectly by such underwriter and its affiliates in connection with the sale of the securities

Page 947

being registered; and a description of any affiliation, interest or arrangement such underwriter may have with any building contractor, supplier, paying agent or other person who may receive any proceeds from the sale of the securities being registered; (vi) a description of the material terms of the securities to be registered, and if such securities are bonds, notes, debentures, evidences of indebtedness or any interest in such securities, a description of the material terms of the indenture under which the securities are to be issued; (vii) any additional information needed to comply with section 12(a) (2) of the Act. (5) In case any of the financial statements contained in the registration statement filed under this subsection (e) 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. (6) Registration statements filed pursuant to this subsection (e) 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. Section 12. Said Act is further amended by striking subsection (a) of section 6 in its entirety and inserting in lieu thereof a new subsection (a) of section 6 to read as follows: (a) Every person registering securities pursuant to subsections (a), (c) or (d) of section 5 of this Act shall pay a filing fee of 1/20th of 1 percent of the maximum aggregate offering price at which the registered securities are to be offered in this State, but the fee shall not be less than $50. When a registration statement is withdrawn before the effective date or before a pre-effective stop order is entered under section 7, the Commissioner shall retain $50 and return the remainder of the fee, if any, to the applicant in the

Page 948

case of registrations under subsections (c) or (d) of section 5, and shall retain the amount of the fee up to $250 in the case of registrations under subsection (a) of section 5 and return the remainder of the fee, if any, to the applicant. Filling fee. Section 13. Said Act is further amended by striking subsection (b) of section 6 in its entirety and inserting in lien thereof a new subsection (b) of section 6 to read as follows: (b) (1) No securities shall be registered by qualification under section 5(a) until the issuer first files with the Commissioner a bond satisfactory to the Commissioner in the sum of twenty-five thousand dollars ($25,000) payable to the State of Georgia for the use of all interested persons, and conditioned upon the faithful compliance by the applicant with any and all provisions of this Act and any regulations and orders issued by the Commissioner; provided, however, the issuer shall not be required to file such a bond if the securities subject to such registration statement will be sold in Georgia solely through dealers or limited dealers who are registered under this Act. Any such bond may be cancelled by the applicant or surety by giving notice to the Commissioner, but such cancellation shall not affect any cause of action accruing thereon prior to cancellation and such cancellation shall result in automatic cancellation of the registration of the securities until new bond satisfactory to the Commissioner is filed. Any cause of action on such bond must be brought within two (2) years after accrual thereof. The $25,000 amount shall be construed as being the aggregate liability recoverable against such bond, regardless of the number of claimants, and shall not be construed as individual liability. Bond. (2) The requirement for filing such bond by an issuer which has applied for registration of its securities by qualification under section 5(a) shall not be applicable if such issuer has deposited in trust with the Commissioner (i) a certificate of deposit evidencing a deposit with a financial institution satisfactory to the Commissioner in the amount of $25,000 payable to the issuer and assigned to the Commissioner. (ii) an irrevocable letter of credit addressed to the Commissioner in the amount of $25,000, issued by a

Page 949

bank which is a member of the Federal Reserve System and conditioned only upon the rendering of a judgment by a court of competent jurisdiction in which the issuer is found liable for damages under this Act, or (iii) obligations of the United States, an agency thereof, or of the State of Georgia which mature in not more than 2 years and which have a market value as of the date of deposit of at least $25,000. Such deposits shall be held for the benefit of all persons to whom the issuer is liable for damages under this Act for a period of 2 years after such issuer's registration has expired or been revoked; provided, however, such deposits shall not be released at any time while there is pending against issuer an action (including any direct appeal of such action or an appeal based on a petition for certiorari jurisdiction), of which the Commissioner has notice, in a court of competent jurisdiction in which it is alleged that issuer is liable for damages under this Act. Such deposits shall not be released except upon application to and the written order of the Commissioner. The Commissioner shall have no liability for any such release of any deposit or part thereof so made by him in good faith. The Commissioner may designate any regularly constituted State depository having trust powers domiciled in this State as a depository to receive and hold any such deposit. Any such deposit so held shall be at the expense of the issuer. Such depository shall give to the Commissioner proper trust and safekeeping receipt upon which the Commissioner shall give official receipt to the issuer. The State of Georgia shall be responsible for the safekeeping and return of all deposits made pursuant to this section. So long as the issuer complies with this Act, the issuer may demand, receive, sue for and recover the income from the securities deposited or may exchange and substitute for the letter of credit or securities deposited, or a part thereof, with the approval of the Commissioner, a letter of credit or securities of the kinds specified above of equivalent or greater value. No judgment creditor or other claimant of the issuer shall levy upon any deposit held pursuant to this section, or upon any part thereof, except as specified herein. Whenever any person shall file an action in a court of competent jurisdiction in which it is alleged that the issuer is liable for damages under this Act, such person, in order to secure his recovery, may give notice to the Commissioner

Page 950

of such alleged liability and of the amount of damages claimed, after which notice the Commissioner shall be bound to retain, subject to the order of the Superior Court of Fulton County, as provided below, a sufficient amount of the deposit to pay to the judgment in said action. In the event that the issuer prevails in such action and in the event that such deposits have been held by the Commissioner for a period of at least 2 years after such issuer's registration has expired or been revoked, then such deposits shall be released to issuer; provided, however, such deposits shall not be released at any time while there is pending against issuer an action (including any direct appeal of such action or an appeal based on a petition for certiorari jurisdiction) of which the Commissioner has notice in a court of competent jurisdiction in which it is alleged that the issuer is liable for damages under this Act. In the event that a judgment is rendered in such action by which it is determined that the issuer is liable for damages under this Act, and the issuer has not paid such judgment within 10 days of the date such judgment became final, or in the event such issuer petitions for the Supreme Court of the United States to take certiorari jurisdiction over such action, such issuer has not paid such judgment within 10 days of the date the Supreme Court of the United States denies certiorari jurisdiction or within 10 days of the date the Supreme Court of the United States affirms such judgment, then said person may petition the Superior Court of Fulton County for an order directing the Commissioner to reduce such deposit, or a portion thereof sufficient to pay such judgment, to cash or its equivalent and to pay such judgment to the extent such judgment may be satisfied with the proceeds of such deposit. If there shall remain any residue from such deposit and if at least 2 years have passed since the expiration or revocation of such issuer's registration, the Commissioner shall pay over such residue to the issuer, taking his receipt for such residue, which shall be filed and recorded with the other papers of the case, unless there is pending against the issuer an action (including any direct appeal of such action or an appeal based on a petition for certiorari jurisdiction) of which the Commissioner has notice in a court of competent jurisdiction in which it is alleged that the issuer is

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liable for damages under this Act, in which case the Commissioner shall hold or dispose of such residue in accordance with the provisions of this paragraph (2) relating to the holding or disposing of the entire deposit. In the event that more than one final judgment is rendered against the issuer for violations of this Act, the judgment creditors shall be paid in full from such deposit or residue thereof to the extent such deposit or residue is sufficient to pay such judgments in the order in which such judgment creditors petitioned the Superior Court of Fulton County. (3) Anything herein to the contrary notwithstanding, the Commissioner shall comply with any order of a Georgia or United States Court of competent jurisdiction to turn over any deposit held by him pursuant to paragraph (2) of this subsection (b) or the proceeds of any bond held by him pursuant to paragraph (1) of this subsection (b) to a trustee or receiver for the use and sole benefit of persons on whose behalf the Commissioner holds such deposit or proceeds. Section 14. Said Act is further amended by striking subsection (d) of section 6 in its entirety and inserting in lieu thereof a new subsection (d) of section 6 to read as follows: (d) Every offering circular or prospectus used in connection with an offering of securities registered under section 5 shall contain the following legend on the cover page thereof in boldface print or capital type: THESE SECURITIES HAVE BEEN REGISTERED WITH THE SECURITIES COMMISSIONER OF THE STATE OF GEORGIA. THE SECURITIES COMMISSIONER, BY ACCEPTING REGISTRATION, DOES NOT IN ANY WAY ENDORSE OR RECOMMEND THE PURCHASE OF ANY OF THESE SECURITIES. Section 15. Said Act is further amended by striking subsection (j) of section 6 in its entirety and inserting in lieu thereof a new subsection (j) of section 6 to read as follows: (j) (1) Every issuer which has registered securities for

Page 952

sale in this State under sections 5(a) and 5(c) of this Act shall: (i) for a period of 12 months following the effective date of such registration statement or any renewals thereof, file with the Commissioner within 60 days of the close of each fiscal quarter of such issuer except the last fiscal quarter of each fiscal year, the following financial statements prepared in accordance with generally accepted accounting principles: (A) a consolidated profit and loss statement of the issuer and its subsidiaries for each such fiscal quarter and for the corresponding period of the preceding fiscal year if the issuer or any predecessor was then in existence, and (B) such other financial statements as the Commissioner shall, by rule or regulation, require; provided, however, no such financial statements need be filed following termination of such registration statement; (ii) for a period beginning on the effective date of such registration statement and ending 12 months after the termination date of such registration statement or any renewals thereof, file with the Commissioner within 90 days of the close of such issuer's fiscal year the following financial statements prepared in accordance with generally accepted accounting principles: (A) a consoliated balance sheet of the issuer and its subsidiaries as of the end of such fiscal year, (B) a consolidated profit and loss statement of the issuer and its subsidiaries for such fiscal year and for the preceding fiscal year if the issuer or any predecessor was then in existence, and (C) such other financial statements as the Commissioner may, by rule or regulation, require; provided that such financial statements shall be certified by an independent public accountant duly registered and in good standing as such under the laws of the place of his residence or principal office; (iii) if a substantial part of the proceeds of the issue is to be applied to the purchase of any business, the financial statements of the business to be purchased which would be required in subparagraphs (i) and (ii) above if that business were the issuer;

Page 953

(iv) if the issuer does not report its accounts in the normal course of its business on a consolidated basis, then it may furnish, in lieu of the consolidated statements required in subparagraphs (i) and (ii) above, individual statements for it and its majority-owned subsidiaries, and if the business to be purchased described in subparagraph (iii) above does not report its accounts in the normal course of its business on a consolidated basis, then the issuer may furnish in lieu of the consolidated statements required in subparagraph (iii) above, individual statements for such business and its majority-owned subsidiaries. (2) Every issuer which has registered securities for sale in this State under section 5(d) of this Act shall for a period beginning with the effective date of the registration statement and ending 12 months after the termination date of such registration statement or any renewals thereof, file with the Commissioner within 90 days of the close of such issuer's fiscal year the following financial statements prepared in accordance with generally accepted accounting principles: (A) a consolidated balance sheet of the issuer and its subsidiaries as of the end of such fiscal year, (B) a consolidated profit and loss statement of the issuer and its subsidiaries for such fiscal year and for the preceding fiscal year if the issuer or any predecessor was then in existence, and (C) such other financial statements as the Commissioner may, by rule or regulation, require. (3) Each filing provided in paragraph (1) and (2) above shall be accompanied by a filing fee of $10. (4) A copy of each financial statement filed with the Commissioner pursuant to this subsection (j) shall be delivered with any prospectus required to be delivered pursuant to section 5(a) (3) of this Act. Section 16. Said Act is further amended by adding a new subsection (k) at the end of section 6 to read as follows: (k) (1) If any registration statement which has become effective under the Georgia Securities Act of 1957 or this Act contains a statement of material fact which was untrue

Page 954

on the date such registration statement became effective or if such registration statement fails to state a material fact which, on the date the registration statement became effective, was necessary to make the statements made, in light of the circumstances under which they were made, not misleading, then such registration statement may be amended by filing with the Commissioner such information and such changes in any prospectus used in connection with the registration statement as may be necessary to correct such untruth or failure. Such amendment shall be signed by the persons required to sign the original registration statement under section 5 of this Act. Any such amendment shall become effective when the Commissioner so orders. (2) Any prospectus forming part of a registration statement which has become effective under the Georgia Securities Act of 1957 or this Act may be supplemented without amending such registration statement by adding information regarding factual developments which occurred after the effective date of such registration statement and by deleting statements of fact which, as a result of such developments, may be misleading or immaterial. If no stop order with respect to the registration statement is in effect, the prospectus, as supplemented, may be used after (i) three o'clock (3:00) Georgia time in the afternoon of the fifth full business day after the filing of five copies of the prospectus, as supplemented, with the Commissioner, or (ii) such shorter time as the Commissioner, by order, may allow. Section 17. Said Act is further amended by striking subsections (i), (j) and (k) of section 8 in their entirety and inserting in lieu thereof new subsections (i) and (j) of section 8 to read as follows: (i) promissory notes maturing in not more than nine months from date of issuance; provided that said securities are not offered for sale by means of advertisements publicly disseminated in the news media or through the mails; (j) notes issued in connection with the acquisition of real or personal property or renewals thereof, if such notes are issued to the sellers of and are secured by all or part of the real or personal property so acquired;.

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Section 18. Said Act is further amended by striking subsection (b) of section 9 in its entirety and inserting in lieu thereof a new subsection (b) of section 9 to read as follows: (b) Any transaction executed by a bona fide pledge without any purpose of evading this Act, provided such pledgee is not the issuer of the securities, an underwriter of the securities, or an affiliate of the issuer of the securities. Section 19. Said Act is further amended by striking paragraph (2) and the first paragraph of subsection (e) of section 9 in their entirety and inserting in lieu thereof a new paragraph (2) and a new first paragraph of subsection (e) of section 9 to read as follows: (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 Regulations A, B, E or F adopted under section 3(b) or 3(c) thereof, or pursuant to any other exemption under such sections which the Commissioner has, by rule or regulation approved, but only during the continuance of such exemption, provided that the Commissioner has received prior to such sale: (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, or in the case of an exemption under section 3(b) or 3(c) of such Securities Act of 1933 which has been approved by the Commissioner under this subsection (e), copies of such information or documents as the Commissioner may, by rule or regulation, require;. Section 20. Said Act is further amended by striking subsection (f) of section 9 in its entirety and inserting in lieu thereof a new subsection (f) of section 9 to read as follows: (f) (1) Any transaction involving the issuance and delivery

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of securities by an issuer to its own security holders as a result of a dividend or other distribution (whether the person distributing the dividend or other distribution is the issuer of the security or not), a split of securities or recapitalization provided that the recipient does not pay any consideration or surrender the right to a distribution in cash or property other than such securities, or (2) the sale of any fractional interest resulting from such dividend, split, distribution or recapitalization. Section 21. Said Act is further amended by striking paragraph (1) and the first paragraph of subsection (m) of section 9 in their entirety and inserting in lieu thereof a new paragraph (1) and first paragraph of subsection (m) of section 9 to read as follows: (m) Any transaction involving the issuance or sale of securities of an issuer by or on behalf of such issuer or an affiliate of such issuer if all of the following conditions are met: (1) The aggregate number of persons in this State 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. Section 22. Said Act is further amended by striking subsections (b) and (d) of section 11 in their entirety and inserting in lieu thereof new subsections (b) and (d) of section 11 to read as follows: (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

Page 957

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 registered mail, return receipt requested, to the addressee's business mailing address or 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. Investigative powers. (d) (1) The Commissioner may, with the approval of the Attorney General, issue to any person who has been or may be called to a hearing or other proceeding under this Act, a written order requiring the individual to give testimony or provide other information which he refuses to give or provide on the basis of his privilege against self-incrimination. Such order shall be issued only if the Commissioner shall find that: (i) The testimony or other information from such individual may be in the public interest; and (ii) Such individual has refused or is likely to refuse to testify or provide other information on the basis of his privilege against self-incrimination. (2) Whenever any witness refuses, on the basis of his privilege against self-incrimination, to testify or provide other information at any hearing or other proceeding under this Act, and the person presiding over the proceeding delivers to the witness a written order issued under section 11(d) (1) of this Act, the witness may not refuse to comply with the order on the basis of his privilege against self-incrimination; but no testimony or other information compelled under the order as to which the witness could validly assert his privilege against self-incrimination (or any information directly or indirectly derived from such testimony or other information) may be used against the witness in

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any criminal case, except a prosecution for perjury, false swearing, giving a false statement to the Commissioner pursuant to this Act or otherwise failing to comply with the order. Section 23. Said Act is further amended by striking paragraph (3) of subsection (a) of section 12 in its entirety and inserting in lieu thereof a new paragraph (3) of subsection (a) of section 12 to read as follows: (3) to offer or sell any security (i) registered under section 5(a) of this Act by means of any prospectus except a prospectus which complies with section 5(a) (3) of this Act; (ii) registered under section 5 (d) of this Act by means of any prospectus except a prospectus which complies with section 5(d) (3) of this Act; or (iii) registered under section 5(e) of this Act by means of any prospectus except a prospectus which complies with section 5 (e) (4) of this Act. Section 24. Said Act is further amended by adding new subsections (c) and (d) at the end of section 12 to read as follows: (c) It shall be unlawfully for any person who (1) is a dealer, limited dealer, salesman, or limited salesman under this Act, (2) is making an application for registration as a dealer, limited dealer, salesman, or limited salesman under this Act, (3) is an issuer which has filed a registration statement with respect to securities it intends to issue, or (4) is an affiliate of any of the persons described in paragraphs (1), (2) or (3) of this subsection (c),

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knowingly to cause to be made, in any document filed with the Commissioner or in any proceeding under this Act, any statement which is, at the time it is made and in light of the circumstances under which it is made, false or misleading in any material respect. (d) It shall be unlawful for any person in connection with the offer or sale of any securities (1) to employ any device, scheme, or artifice to defraud, or (2) to engage directly or indirectly in any transaction, act, practice, or course of business which operates or would operate as a fraud or deceit upon the purchaser.' Section 25. Said Act is further amended by striking subsections (a), (b) and (d) of section 17 in their entirety and substituting in lieu thereof new subsections (a), (b) and (d) of section 17 to read as follows: (a) Where the Commissioner has issued any order forbidding the sale of securities under section 7 hereof, he shall promptly send to the issuer of such securities and to all persons who have registered such securities a notice of opportunity for hearing. Before entering an order refusing to register any person under section 3 hereof, and after the entering of any order for revocation or suspension, the Commissioner shall promptly send to such person, and if such person be a salesman or limited salesman, to the dealer or limited dealer who employs or proposes to employ such salesman or limited salesman, a notice of opportunity for hearing. Hearings shall be conducted pursuant to this section 17 by the Commissioner. Hearings. (b) Notices of opportunity for hearing shall be served by investigators appointed by the Commissioner or sent by registered mail, return receipt requested, to the addressee's business mailing address, and such notice shall state: (1) the order which has issued and which is proposed to be issued;

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(2) the ground for issuing such order and proposed order; (3) that the person to whom such notice is sent will be afforded a hearing upon request if such request is made within ten (10) days after receipt of the notice. (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 subpoenaes may be served by registered mail, return receipt requested, to the addressee's business mailing address, or 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. Section 26. Said Act is further amended by striking subsection (c) of section 8 thereof in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: (c) Any security issued by or guaranteed by any bank organized under the laws of the United States, or any bank, savings institution, or trust company organized and supervised under the laws of any State, including any interest or participation in any common trust fund or similar fund maintained by a bank exclusively for the collective investment and reinvestment of assets contributed thereto by such bank in its capacity as a trustee, executor, administrator or guardian.

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Section 27. Section 9 of the Act is amended as follows: (a) Paragraph (2) of subsection (i) of section 9 of the Act is amended by striking the present paragraph (2) and replacing it with a new paragraph to read as follows: (2) In connection with an employee stock purchase plan as defined in section 423 of the Internal Revenue Code of 1954, as now or hereafter amended, or a stock bonus plan, pension plan, profit sharing plan or retirement plan for employees or self-employed individuals qualified under section 401 of the Internal Revenue Code of 1954, as now or hereafter amended or individual retirement accounts qualified under section 408 of the Internal Revenue Code of 1954 as now or hereafter amended; provided, however, the issuance of any such security representing an interest in a collective investment fund shall be exempt only if such 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 sponsored by any investment company registered under the Investment Company Act of 1940, as now or hereafter amended, or sponsored by any insurance company licensed to do business in this State. (b) Paragraph (3) of subsection 9(i) of the Act is deleted. (c) Paragraphs (4) and (5) of subsection 9(i) are renumbered as Paragraphs (3) and (4), respectively. Section 28. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 29. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1975.

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HERITAGE TRUST ACT OF 1975. No. 596 (House Bill No. 148). An Act to create the Heritage Trust Commission; to provide a short title; to make a declaration of policy; to define certain terms; to set forth the powers and duties of the Board of Natural Resources including restrictive powers; to provide for the dedication of Heritage Preserves; to establish the uses to which Heritage Preserves may be put; to disclaim preemption; to provide for an effective date; to repeal conflicting laws; and for othe 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 Heritage Trust Act of 1975.' Section 2. Declaration of policy. The General Assembly finds that certain real property in Georgia, because it exhibits unique natural characteristics, special historical significance, or particular recreational value, constitutes a valuable heritage which should be available to all Georgians, now and in the future. The General Assembly further finds that much of this real property, because of Georgia's rapid progress over the past decade, has been altered and its value as part of our heritage lost, and that such property which remains is in danger of being irreparably altered. The General Assembly declares, therefore, that there is an urgent public need to preserve important and endangered elements of Georgia's heritage, so as to allow present and future citizens to gain an understanding of their origins in nature and their roots in the culture of the past and to insure a future sufficiency of recreational resources. The General Assembly hereby asserts the public interest in the State's heritage by creating the Heritage Trust Program, which shall be the responsibility of the Governor and the Department of Natural Resources, and which shall seek to protect this heritage through the acquisition of fee simple title, or lesser interests, in valuable properties and by utilization of other available methods.

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Section 3. The Heritage Trust Commission. (a) There is hereby created the Heritage Trust Commission. The Commission shall be composed of fifteen members appointed by the Governor within thirty days of the effective date of this Act. The appointed members should represent a variety of interests and expertise including, but not limited to, recreation, historic preservation, and the natural sciences, and should be elected so as to represent the broad geographic regions of the State. Five of the initial members shall be appointed for a term of office of one year and until their respective successors are duly appointed and qualified. Five of the initial members shall be appointed for a term of office of two years and until their respective successors are duly appointed and qualified. Five of the initial members shall be appointed for a term of office of three years and until their respective successors are duly appointed and qualified. Following the terms of the initial members, all successors shall be appointed for a term of three years and until their respective successors are duly appointed and qualified. (b) The members of the Commission shall receive no compensation for their services on the Commission, but shall be reimbursed for actual expenses incurred while discharging the duties imposed on them by this Act. (c) The Commission shall serve as an advisory body to the Governor and to the Board of Natural Resources on all matters concerning the Heritage Trust Program and shall make recommendations to the Board of Natural Resources concerning the identification, designation and acquisition of Heritage Areas, the dedication of Heritage Preserves and the annual budget for the Heritage Trust Program. The Board of Natural Resources shall consider such recommendations before making its decision on these matters. (d) The Heritage Trust Commission shall cease to exist on July 1, 1983, unless the General Assembly extends the life thereof. After July 1, 1983, or any later date set by the General Assembly for the expiration of the life of the Heritage Trust Commission, the functions thereof, as set forth in this Act, shall be assumed and carried on by the Board of Natural Resources.

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Section 4. Definitions. Unless the context clearly requires otherwise, the following terms, when used in this Act, shall have the following meanings: (a) Board means the Board of Natural Resources. (b) Heritage Area means an area of land, marsh or water which has been identified by the Board as having significant historical, natural, or cultural value. (c) Heritage Preserve means a Heritage Area to which the State holds fee simple title or some lesser estate and which has been dedicated under the provisions of this Act. Section 5. Powers and duties of the Board of Natural Resources. The Board shall have the following powers and duties with regard to the Heritage Trust Program: (a) To adopt and promulgate all policies, rules and regulations necessary for the identification and acquisition of Heritage Areas and for the selection, dedication, management and use of Heritage Preserves; (b) To acquire Heritage Areas in the name of the State of Georgia as otherwise provide by law; (c) To advocate and approve the dedication of Heritage Preserves; and (d) To provide general supervision and direction in the protection, management, operation and use of Heritage Preserves. Provided, however, that the Board shall not have any power of purchase, condemnation, lease, agreement, gift or devise which would have the effect of preventing, blocking, or in any manner hindering the construction of the Spewrell Bluff Dam Project authorized by P. L. 88-233, approved December 30, 1963. Section 6. Dedication of Heritage Preserves. A Heritage Area which has been acquired by the Department of

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Natural Resources for the Heritage Trust Program may become dedicated as a Heritage Preserve after written recommendation of the Board and approval by the Governor. Any other real property owned by the State of Georgia and under the custody of the Department of Natural Resources may be similarly dedicated. The written recommendation shall contain a provision which designates the best and most important use or uses to which the land is to be put. The dedication as a Heritage Preserve shall become effective when the written recommendation and the approval of the Governor are filed with the office of the Secretary of State. The written recommendation and the approval of the Governor shall be filed in the office of the clerk of the superior court of the county or counties in which the Heritage Preserve is located. Section 7. Use of Heritage Preserves. Heritage Preserves shall be held by the State in trust for the benefit of the present and future generations of the people of the State of Georgia. Each Heritage Preserve shall be put to the designated use or uses which confer the best and most important benefit to the public. Heritage Preserves shall not be put to any use other than the dedicated use or uses except pursuant to the following procedure: (a) A State agency, department or authority with a direct interest in the use of a Heritage Preserve must submit in writing a petition to the Board that an imperative and unavoidable necessity for such other use exists. Upon receipt of such petition, the Board shall give public hearing thereon in the county or counties in which the Heritage Preserve is located. (c) The Board shall consider fully all testimony relative to the proposed use and submit a recommendation to the General Assembly. (d) The General Assembly may then determine if such use is in the public interest and may, by an Act, approve such other use of the Heritage Preserve.

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Section 8. Disclaimer of preemption. Neither the dedication of a piece of property as a Heritage Preserve nor any action taken by the Board pursuant to this Act shall operate to void, preempt or dilute any protected status which that property had or would have had but for its dedication as a Heritage Preserve. Section 9. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 10. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1975. OIL AND GAS AND DEEP DRILLING ACT OF 1975. No. 597 (House Bill No. 149). An Act to regulate the drilling and use of oil and gas and certain other types of wells; to provide for a declaration of policy; to provide for a short title; to define certain terms; to provide for the jurisdiction, authority and powers of the Board of Natural Resources; to provide for a disclaimer of preemption; to provide for the establishment of drilling units, allocation of production, integration of certain tracts of land and agreements in the interest of conservation; to provide for the adoption of rules and regulations; to provide for certain prohibited activities; to provide for the issuance of permits; to provide for enforcement to include administrative orders, injunctive relief, monetary civil penalties, and the seizure and sale of contraband; to provide for bonding; to assure that this Act will not be construed so as to limit the authority or functions of any officer or agency of this State under any other law; to provide for severability; to provide for an effective date; to repeal a specific Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. Declaration of Policy. The General Assembly finds and declares that its duly to protect the health, safety and welfare of the citizens of this State requires that adequate protection of underground fresh water supplies be assured in any drilling operation which may penetrate through any strata which contains fresh water. This duty further requires that adequate protection be assured in any drilling or the use of such drilled wells in certain other environmentally sensitive areas or in other circumstances where the result of such drilling and use may endanger the health, safety and welfare of the citizens of this State. It is not the policy of the General Assembly to regulate the drilling of shallow exploration or engineering holes except in such environmentally sensitive areas as defined in this Act. The General Assembly further finds and declares that, with the current energy shortage which this State and nation face, it must encourage oil and gas exploration to identify new sources of energy, but not at the expense of our important natural resources such as residential, municipal, and industrial supplies of fresh water. The General Assembly further finds and declares that with an increase in oil exploration, it must provide assurances to persons engaging in such exploration that adequate safeguards regarding results of exploration will remain privileged information for a specified time. The General Assembly further finds and declares that it is in the public interest to obtain, protect and disseminate all possible geologic information associated with drilling operations in order to further the purposes of future energy-related research. Section 2. Short Title. This Act shall be known and may be cited as the Oil and Gas and Deep Drilling Act of 1975. Section 3. Definitions. Unless the context otherwise requires, the following terms, as used in this Act, are defined as follows: (a) Board means the Board of Natural Resources. (b) Department means the Department of Natural Resources.

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(c) Person means any natural person, corporation, joint venture, association, partnership, receiver, trustee, guardian, executor, administrator, fiduciary or representative of any kind, all agencies or instrumentalities of the State, and all county or municipal governments or any authority. (d) Oil means crude petroleum oil and other hydrocarbons, regardless of gravity, which are produced at the well in liquid form by ordinary production methods and which are not the result of condensation of gas after it leaves the reservoir. (e) Gas means all natural gas, including casing-head gas, and all other hydrocarbons not defined as oil in subsection (d) above. (f) Pool means an underground reservoir containing a common accumulation of crude petroleum oil or natural gas, or both. Each zone of a general structure which is completely separated from any other zone in the structure is covered by the term pool as used herein. (g) Field means the general area which is underlaid or appears to be underlaid, by at least one pool. Field shall include the underground reservoir or reservoirs containing crude petroleum oil or natural gas, or both. The words field and pool means the same thing when only one underground reservoir is involved; however, field, unlike pool, may relate to two or more pools. (h) Owner means the person who has the right to drill into and produce from any pool and to appropriate the production either for himself and another, or himself and others. (i) Producer means the owners of a well or wells capable of producing oil or gas, or both. (j) Waste, in addition to its ordinary meaning, means physical waste as that term is generally understood in the oil and gas industry, and it shall include, but not be limited to:

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(1) the inefficient, excessive or improper use or dissipation of reservior energy; and the locating, spacing, drilling, equipping, operating, or producing of any oil or gas well or wells in a manner which results, or tends to result, in a reduction in the quantity of oil or gas ultimately to be recovered from any pool in this State; (2) the inefficient storing of oil; and the locating, spacing, drilling, equipping, operating or producing of any oil or gas well or wells in a manner causing, or tending to cause, unnecessary or excessive surface loss or destruction of oil or gas; (3) abuse of the correlative rights and opportunities of each owner of gas or oil in a common reservoir due to non-uniform, disproportionate and unratable withdrawals causing undue drainage between tracts of lands; (4) the production of oil of gas in such a manner as to cause unnecessary water channeling or zoning; (5) the operation of any oil well or wells with an inefficient gas-oil ratio; (6) the drowning with water of any stratum or part thereof capable of producing gas or oil; (7) underground waste, however caused and whether or not defined as the same relates to any activity regulated by the provisions of this Act; (8) the creation of unnecessary fire hazards as the same relates to any activity regulated by the provisions of this Act; (9) the escape into the open air, from a well producing both oil and gas, of gas in excess of the amount which is necessary in the efficient drilling or operation of the well; (10) permitting gas produced from a gas well to escape into the air.

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(k) Illegal mineral means any mineral, including oil or gas, which has been produced within the State of Georgia in violation of this Act, any rule or regulation adopted and promulgated pursuant hereto or any order issued hereunder. (l) Illegal product means any product of oil, gas or other mineral, any part of which was processed or derived, in whole or in part, from an illegal mineral. (m) Tender means a permit or certificate of clearance for the transportation of minerals, including oil and gas, or mineral products produced under the provisions of this Act, approved and issued or registered under the authority of the Board. (n) Mineral means any naturally occurring substance found in the earth which has commercial value and shall include oil and gas as defined herein but shall not include fresh water. (o) Mineral product means any commodity made from any mineral. (p) Well means any boring drilled in the search for and/or the production of oil, gas or other minerals, or water. (q) Drilling means the boring of a hole in the earth by remote mechanical means and all associated construction activities, including but not limited to, casing, perforating, plugging, cementing and capping. (r) Environmentally sensitive area of the coastal zone means that area of the coastal zone where saltwater-bearing strata overlie the freshwater aquifer system. Section 4. Jurisdiction, Authority and Powers of the Board of Natural Resources. For the purpose of this Act: (a) The Board shall have the authority to make such inquiries as it may deem necessary into any matter over which it has jurisdiction.

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(b) The Board shall have the jurisdiction of and authority over the drilling of and subsequent use of: any well for the exploration or production of oil and gas; any well for the exploration or production of any other mineral drilled to a depth greater than 1800 feet; any well for the exploration or production of any mineral located in the environmentally sensitive area of the coastal zone and which is drilled to a depth sufficient to penetrate the freshwater aquifer system; any underground storage well with the exception of those wells covered by the provisions of the Underground Gas Storage Act (Ga. L. 1965, p. 463 et seq.); any well for the underground disposal of waste materials; any well for the production of freshwater drilled to a depth greater than 1800 feet; and any well for the exploration or production of brine or saltwater. (c) The Board shall have the authority to control the drilling patterns and the production of all oil and gas and the production of any other minerals produced through a well or bore hole in liquid or slurry form to a depth greater than 1800 feet or located in the environmentally sensitive area, provided, however, this authority does not extend to the drilling of wells for the production of fresh water used for drinking, residential, industrial, or agricultural purposes except as provided for in section 4 (b) of this Act. (d) The Board shall have the power to adopt and promulgate rules and regulations necessary to effectuate the purposes of this Act. (e) The Board may delegate the Department the administrative duties created under the authority of this Act. Section 5. It is not the purpose of this Act and no provision of this Act shall be construed so as to repeal, supersede or preempt any of the functions, powers, authority, duties or responsibilities of the Environmental Protection Division of the Department assigned to such Division under the provisions of any of the laws or statutes of this State. Without limiting the generality of the foregoing, any provision of the Groundwater Use Act of 1972 (Ga. L. 1972, p. 976 st seq.), as amended, which is inconsistent with the

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provisions of this Act shall not be repealed by this Act and shall govern over the provisions of this Act. Section 6. Establishment of Oil or Gas Drilling Units, Allocation of Production, Integration of Certain Tracts of Land and Agreements in the Interest of Conservation. In regard to the establishment of drilling units, the allocation of production, the integration of separately owned tracts of land and agreements in the interest of conservation, the Board, in addition to the jurisdiction, authority or powers granted elsewhere in this Act, shall have the specific powers with respect to the exploration or production of oil or gas enumerated below as follows: (a) For the prevention of waste and to avoid the augmenting and accumulation of risk arising from the drilling of excessive number of wells, the Board shall, after due investigation and a hearing, have full power and authority to establish such drilling unit or units as may, in their discretion, seem most reasonable and practicable. Said Board shall have control of the allocation of production over such units and shall, after investigation and hearing, set up, establish and allocate to each unit its just and equitable share of production, and shall make such orders, rules and regulations as will give to each producer the opportunity to use his just and equitable share of the reservoir energy of any pool. The Board shall have power after notice and hearing to review and approve, or disapprove, agreements made between owners or operators, or both, in the interest of conservation of oil or gas or both or for the prevention of waste. (b) When two or more separately owned tracts of land are embraced within an established drilling unit, the owners thereof may validly agree to integrate their interests and to develop their lands as a drilling unit. Where, however, such owners have not agreed to integrate their interest, the Board may, for the prevention of waste or to avoid the drilling of unnecessary wells, after notice and hearing, require such owners to do so and to develop their lands as a drilling unit.

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(c) When two or more separately owned tracts of land are embraced within a pool or a portion of a pool suitable for gas cycling the owners thereof may validly agree to integrate their interests therein and develop their lands as a unit. Where, however, such owners have not agreed to so integrate their interests, the Board may, in order to prevent waste and to avoid the drilling of unnecessary wells, after notice and upon hearing, determine the feasibility of, and require, the cycling of gas in any pool or portion of a pool productive of gas from which condensate may be separated or natural gasoline extracted, and promulgate rules to unitize separate ownership and to regulate production of gas and reintroduction of gas into productive formations, after separation of condensate or extraction of natural gasoline for such gas. (d) All orders requiring such integration shall be made after notice and hearing, and shall be upon terms and conditions that are just and reasonable, and will afford to the owner of each tract the opportunity to recover or receive his just and equitable share of the oil and gas in the pool without unnecessary expense, and will prevent or minimize reasonable avoidable drainage from each integrated unit which is not equalized by counter drainage. The portion of the production allocated to the owner of each tract included in an integrated unit formed by an integration order shall, when produced, be considered as if it had been produced from such tract by a well drilled thereon. In the event such integration is required, the operator designated by the Board to develop and operate the integrated unit shall have the right to charge to each other interested owner the actual expenditures required for such purposes not in excess of what are reasonable, including charges for supervision, and the operator shall have the right to receive the first production from any well drilled by him thereon, which otherwise would be delivered or paid to the other parties jointly interested in the drilling of the well, so that the amount due by each of them for his share of the expense of drilling, equipping and operation of the well may be paid to the operator of the well out of production, with the value of the production calculated at the market price in the field at the time such production is received by the operator or placed to his

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credit. In the event of any dispute relative to such costs, the Board shall determine the proper costs. (e) Should the owners of separate tracts embraced within a drilling unit fail to agree upon the integration of the tracts and the drilling of a well on the unit, and should it be established that the Board is without authority to require integration as provided for in (b) above, then subject to all other applicable provisions of this Act, the owner of each tract embraced within the drilling unit may drill on his tract but the allowable production from said tract shall be such proportion of the allowable for the full drilling unit as the area of such separately owned tracts bears to the full drilling unit. (f) Agreements made in the interest of conservation of oil or gas or both, or for the prevention of waste, between and among owners or operators, or both, owning separate holdings in the same oil or gas pool, or in any area that appears from geological or other data to be underlaid by a common accumulation of oil or gas, or both, or between and among such owners or operators, or both, and royalty owners therein, of the pool or area, or any part thereof, as a unit for establishing and carrying out a plan for the cooperative development and operation thereof, when such agreements are approved by the Board, are hereby authorized and shall not be held or construed to violate any of the statutes of this State relating to trust, monopolies, or contracts and combination in restraint of trade. Section 7. Rules and Regulations. The Board shall have the authority to adopt and promulgate rules and regulations dealing with the control of matters over which it has jurisdiction under the provisions of this Act. Such rules and regulations shall include, but shall not be limited to, rules and regulations for the following purposes: (a) to require the drilling, casing and plugging of wells regulated under this Act to be done in such a manner as to prevent the escape of oil or gas out of one stratum into another stratum; to prevent the pollution of fresh water supplies by oil, gas, salt water, or other contaminants and to require reasonable bonds;

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(b) to require the making of reports showing the location of all wells regulated under this Act and the filing of samples, and copies of all logs and geologic information and drilling records; (c) to prevent the drowning by water of any stratum or part thereof capable of producing oil or gas in paying quantities and to prevent the premature and irregular encroachment of water which reduces the total ultimate recovery of oil or gas from any pool; (d) to require the operation of wells regulated under the provisions of this Act with efficient gas-oil ratios and to fix such ratios; (e) to prevent blowouts, caving and seepage in the sense that conditions indicated by such terms are generally understood in the oil and gas business; (f) to prevent fires, waste and spillage as same relates to any activity regulated by the provisions of this Act; (g) to identify the ownership of all oil or gas wells, producing leases, refineries, tanks, plants, structures and all storage and transportation equipment and facilities; (h) to regulate the shooting, perforating, fracturing, and chemical treatment of wells; (i) to regulate secondary recovery methods, including but not limited to the introduction of gas, oil, water or other substances into producing formations; (j) to limit and prorate the production of oil or gas, or both, from any pool or field for the prevention of waste as herein defined; (k) to require, either generally or in or from particular areas, certificates of clearance or tenders in connection with the transportation of oil or gas produced in Georgia; (l) to regulate the spacing of wells and to establish drilling units;

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(m) to prevent, insofar as is practical, avoidable drainage from each developed unit which is not equalized by counter-drainage; (n) to establish procedures for the plugging and abandonment of wells regulated under this Act; (o) to require that accurate records be kept on forms to be prescribed by the Department, which records shall be reported to the Department within the time specified in such rules and regulations; reports shall include such information as the Department may prescribe, including but not limited to information concerning cuttings, sub-surface samples, lithologic and geophysical logs, and stratagraphic interpretations; (p) to require that geologic and testing information obtained from a well regulated under the provisions of this Act be held in confidence by the Department for a period of at least six (6) months from the time of drilling to total depth, or if the Department approves, a longer period, provided that the operator makes a written request for the same stating the length of the extension desired and the reasons therefor; provided however, the guarantee of confidentiality herein shall in no way impair the ability of the Board or the Department to enforce the provisions of this Act; (q) to regulate the issuance, denial and revocation of permits and to regulate bonds required hereunder except as to persons provided for in (r) below; (r) to regulate the issuance of permits to persons who have been found to have violated any provision of this Act, any rule or regulation adopted and promulgated pursuant hereto, or any order or permit issued hereunder, and to establish the amount of bond for such persons; (s) to regulate the cooperative development or operation of all or part of an oil or gas pool as a unit; (t) to require that certain geophysical logging and other

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tests be conducted to insure that the requirements of subsections (a), (h) and (n) above are met. (u) to regulate the underground storage or disposal of substances other than those substances covered by the provisions of the Underground Gas Storage Act (Ga. L. 1965, p. 463 et seq.). Section 8. Prohibited Activities. The following activities are hereby prohibited: (a) the waste of oil or gas as defined in this Act; (b) the sale, purchase or acquisition, or the transportation, refining, processing or handling of illegal minerals or illegal products; (c) the sale, purchase or acquisition, or the transportation, refining processing or handling in any other way of any mineral including oil and gas or any mineral product without complying with this Act or any rule or regulation of the Board promulgated pursuant to this Act; (d) intentionally or negligently permitting any gas or oil well to get out of control; (e) the drilling of any well covered by the provisions of this Act by any person without a permit for such drilling; and (f) any other violation of any provision of this Act or any rule or regulation promulgated hereunder. Section 9. Permits. (a) Before any well covered by the provisions of this Act may be drilled, the person desiring to drill the same shall apply for a drilling permit with the Department, using such forms as the Department may prescribe, and shall pay a fee of twenty-five ($25.00) dollars for each permit. (b) The Department shall, within thirty (30) days after the receipt of a properly completed application from any

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person desiring to drill a well covered by the provisions of this Act, either issue or deny a permit for the same. (c) In issuing or denying a permit for the drilling of a well covered by the provisions of this Act, the Department shall consider the extent to which the proposed well complies with the provisions of this Act, all rules and regulations adopted and promulgated pursuant hereto or any order hereunder. (d) In issuing a permit for the drilling of any well covered by this Act, the Department shall specify therein such terms and conditions as it deems necessary to receive the permit and to lawfully operate thereunder. Any permit issued hereunder shall become final unless the person or persons named therein request in writing a hearing before a hearing officer appointed by the Board no later than thirty (30) days after the issuance of such order. (e) The Department shall have the power and the authority to revoke a permit for noncompliance with any of the provisions of this Act, rules and regulations promulgated hereunder, or the special conditions contained in any permit. (f) The issuance of a permit under this Act in no way indicates a determination by the Department as to property, or contractual rights of the applicant to drill such a well at the designated location. Section 10. Enforcement. (a) Whenever the Department has reason to believe that any person is violating the provisions of this Act or any rule or regulation adopted pursuant hereto, the Department may issue an administrative order to that person. The order shall specify the provisions of this Act alleged to have been violated and shall order that corrective action be taken within a reasonable period of time prescribed in the order. Any such order shall become final and enforceable unless the person or persons named therein request in writing a hearing before a hearing officer appointed by the Board no later than thirty (30) days after the issuance of such order.

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(b) Whenever the Department finds that an emergency exists requiring immediate action to protect the public interest, the Department may issue a provisional order reciting the existence of such an emergency and requiring that such action be taken as is reasonably necessary to meet the emergency under the circumstances, provided that such an emergency order shall be issued only after an affidavit has been filed with the Department showing specific facts of such an emergency condition. Such order shall be effective immediately. Any person against whom such order is directed shall upon appropriate notice comply therewith immediately but on application to the Department shall be afforded a hearing within ten (14) days upon receipt of such application by the Department, but if the party applying so requests, within forty-eight (48) hours upon receipt of such application by the Department. Prior to such hearing, the Department shall be authorized to modify or revoke such order, and after hearing, to make such order as is just and reasonable, including an order continuing, revoking or modifying such provisional order. (c) Whenever the Department has reason to believe that any person is violating any provision of this Act or any rule or regulation adopted pursuant hereto, the Department may bring suit against such person in the proper superior court to restrain such person or persons from continuing such violations. In such suit, the Department may seek injunctions, including temporary restraining orders and temporary injunctions, without the necessity for showing lack of an adequate remedy at law. (d) Any person who willfully or negligently violates any provision of this Act, or any rule or regulation adopted hereunder or any permit or final or emergency order of the Department shall be subject to a civil penalty of not less than fifty dollars ($50.00), but in any event not to exceed ten thousand dollars ($10,000.00) for each act of violation. Each day of continued violation shall subject said person to a separate civil penalty. The Board or a hearing officer appointed by the Board after a hearing shall determine

Page 980

whether or not any person has violated any provision of this Act or any rule or regulation adopted hereunder or any permit or final or emergency order of the Department and shall upon proper finding issue an order imposing such civil penalties as herein provided. Any person so penalized under this section is entitled to judicial review. In this connection, all hearings and proceedings for judicial review under this section shall be in accordance with the Georgia Administrative Procedure Act as herein provided. All civil penalties recovered by the Department as herein provided by this Chapter shall be paid into the State Treasury to the credit of the general fund. (e) In addition to any other enforcement remedy available to the Department under this Act, all illegal minerals and illegal products are hereby declared to be contraband and forfeited to the State and shall be confiscated and seized by any peace officer who shall forthwith deliver it to the Commissioner of the Department or his duly authorized agent within ten (10) days of the seizure. (1) The District Attorney whose circuit includes the county in which the seizure is made, within (30) days after the seizure of any illegal minerals, or illegal products shall institute proceedings by petition in the superior court of any county where the seizure was made against this property so seized and against any and all persons known to have an interest in or right affected by the seizure or sale of such property. A copy of such petition shall be served upon the owner or lessee of such property, if known, and upon the person or persons having custody or possession of such property at the time of the confiscation or seizure. If the owner or lessee or person or persons having custody or possession of such property at the time of seizure is unknown, notice of such proceedings shall be published once a week for two consecutive weeks in the newspaper in which sheriff's advertisements of the county are published. Such publication shall be deemed notice to any and all persons having an interest in or right affected by such proceeding and any sale of the property resulting therefrom. If no defense or intervention shall be filed within 30 days from the filing of the petition, judgment by default shall be entered by the court;

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otherwise the case shall proceed as other civil cases. Should the mineral or mineral product be found to be illegal within the sense of this Act, the same shall be decreed to be contraband and ordered sold under such terms as the judge in his order may direct. The judge may order the same sold in bulk, in lots, in parcels or under such other regulations as may be deemed proper. The proceeds arising from such sale shall be applied: (i) To the payment of proper costs and expenses including expenses incurred in the seizure; (ii) To the payment of the cost of the court and its officers; (iii) To the payment of any cost incurred in the storage, advertisement, maintenance or care of such property; and (iv) The remainder shall be paid into the State Treasury to the credit of the General Fund. (2) Where the owner or lessee of any property seized for purpose of condemnation shall abscond or conceal himself so that the actual notice of the condemnation proceedings cannot be served upon him, he shall be served by publication as is hereinabove provided in the case of an unknown owner or lessee. (3) All proceedings against any alleged illegal minerals or for the purpose of condemnation, shall be proceedings in rem against the property and the property shall be described only in general terms. It is the intent and purpose of the procedure provided by this section to provide a civil remedy for the condemnation and sale of contraband property. (4) The court shall have full discretion and authority to permit a settlement between the parties at any stage of the proceeding by permitting the value of the alleged illegal minerals or illegal products to be paid into court, as determined by the court, which money when so paid in, shall be distributed as provided by law in all cases of condemnation.

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(5) Nothing in this section shall deny or abridge any cause of action a royalty owner, or lienholder or other claimant may have because of the forfeiture of the illegal oil, illegal gas or illegal product against the persons whose act resulted in such forfeiture. Section 11. Review. In the administration and enforcement of the provisions of this Act, the Board and the Department shall be subject to the provisions of the Georgia Administrative Procedure Act, approved March 10, 1964 (Ga. L. 1964, p. 338 et seq.), as now or hereafter amended, provided, however, that any administrative review of the initial decision of a hearing officer shall be by five (5) members of the Board of Natural Resources selected by the entire Board of Natural Resources. Section 12. Administrative Powers. (a) In any contested administrative hearing under this Act, the Board or a hearing officer appointed by the Board is hereby empowered to issue subpoenas for witnesses, to require their attendance and the giving of testimony before it, and to require the production of books, papers and records in any proceeding before the Board as may be material upon questions lawfully before the Board. Such subpoenas shall be served by the sheriff or any other officer authorized by law to serve process in this State. No person shall be excused from attending and testifying, or from producing books, papers and records before the Board or from obedience to the subpoena of the Board on the ground or for the reason that the testimony or evidence, documentary or otherwise, required by him may tend to incriminate him or subject him to a penalty or forfeiture; provided that nothing herein contained shall be construed as requiring any person to produce any books, papers or records, or to testify in response to any inquiry, not pertinent to a question lawfully before the Board for determination. No evidence given or required of any natural person shall be used or admitted against such a person in any criminal prosecution for any transaction, matter or thing concerning which he may be required to testify or produce evidence, documentary or otherwise, before the Board in obedience to its subpoena; provided, however, that no person testifying shall be exempt from prosecution and punishment for perjury committed in so testifying.

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(b) In case of failure or refusal on the part of any person to comply with any subpoena issued by the Board or any member thereof, or in case of the refusal of any witness to testify or answer as to any matter regarding which he may be lawfully interrogated, any judge of any superior court in this State having jurisdiction over such person, upon application by the Board, may issue an order to such person and compel him to comply with such subpoena and attend before the Board and produce such documents and give his testimony upon such matters as may be lawfully required, and such court shall have the power to punish for contempt as in the case of disobedience of like subpoena issued by or from such court or for refusal to testify therein. Section 13. Bonding. (a) Prior to the issuance of a permit to drill any well covered by the provisions of this Act, the owner, operator, contractor, driller or other person responsible for the conduct of the drilling operation shall furnish the State a bond, or undertaking, in the form prescribed by the Board and in an amount set by the Board, executed by a bonding, surety or insurance company authorized to do business in this State in the favor of the State, or in the discretion of the Board, a similar undertaking executed only by such person to insure a faithful performance of the requirements of this Act, any rules or regulations adopted pursuant thereto or any condition of a permit granted in order to protect the State or any citizen thereof from any injury which may result from improper drilling. (b) Any bond required under this Act shall be released two (2) years from the date of receipt by the Department of all geological information required under this Act or any rule or regulation adopted pursuant hereto; provided, however, that the Department shall have examined and approved the abandoned well for which the bond was furnished. (c) No bond required under this Act shall exceed $50,000.00. Section 14. Other Affected Authority. This Act shall not be construed as limiting the authority or functions of any officer or agency of this State under any other law or regulation not inconsistent with this Act.

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Section 15. 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 16. Effective Date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 17. Specific Repealer. An Act regulating the production of oil or gas, approved March 9, 1945 (Ga. L. 1945, p. 366), as amended, is hereby repealed in its entirety. Section 18. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1975. GEORGIA RETAILERS' AND CONSUMERS' SALES AND USE TAX ACT AMENDEDCERTAIN MUNICIPALITIES AND COUNTIES AUTHORIZED TO LEVY LOCAL SALES AND USE TAX, ETC.REFERENDUM. No. 598 (House Bill No. 150). 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 authorize counties and certain municipalities to levy a local sales and use tax under certain conditions; to provide for the administration and collection of such taxes; to

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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. An Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. L. 1951, p. 360), as amended, is hereby amended by adding in the first sentence of section 25, after the word systems, the following: and except as provided in section 26A,, so that when so amended, section 25 shall read as follows: Section 25. Political subdivisions prohibited from imposing sales or use taxes; exception. Except as the General Assembly may authorize counties and municipalities to raise funds for rapid transit systems, and except as provided in section 26A, no county, municipality, school district or political subdivision of the State shall impose, levy, or collect a gross receipts, sales or use tax, or tax on amusement admission or services included in this Chapter: provided, however, that the provisions of this section shall not be construed to apply to a fixed license, occupational or franchise tax based on gross receipts or on a gross receipts basis: and provided further, that no county or municipality shall be prohibited from levying or collecting an excise tax on malt beverages and/or wine, or upon spirituous liquors. Section 2. Said Act is further amended by adding a new section, to be known as section 26A, to read as follows: Section 26A. Local governments authorized to levy a local retail sales and use tax. (a) Subject to the requirement

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of a referendum election as provided by subsection (b) of this section, the governing authority of each county is empowered to impose a sales and use tax authorized by this Act at the rate of 1%. Otherwise, the tax imposed shall correspond, so far as is practicable, except as to rate, with the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. L. 1951, p. 360), as amended, and as it may be from time to time amended, and no item or transaction which is not subject to taxation under the provisions of said Act shall be subject to the tax levied pursuant to this Section. (b) Whenever the governing authority of any county wishes to impose the sales and use tax authorized by this section, said governing authority shall notify the Judge of the Probate Court or election board chairman of such county of the desire to impose such tax, and it shall be the duty of the Judge of the Probate Court 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 Judge of the Probate Court 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. The Judge of the Probate Court 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 retail sales and use tax of 1%?' 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 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 section, 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

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held. It shall be the duty of the Judge of the Probate Court 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. (c) If such action is approved in a referendum election as provided by subsection (b) of this Section, the governing authority of any county shall be authorized to levy a local sales and use tax under this section by adopting a resolution during the first thirty (30) days of any calendar quarter stating its purpose and referring to this section, and providing that such resolution shall be effective on the first day of the second succeeding quarter after its adoption, provided that with respect to services which are regularly billed on a monthly basis, the resolution shall become effective with the first regular billing period coinciding with or following the effective date of the resolution as herein specified. Provided however, in the event any municipality in the county has imposed the tax in accordance with the Act, and the county subsequently approves the imposition of the tax, then in no event shall the effective date of the tax be prior to the last day of that municipality's fiscal year in which the county approved the imposition of the tax. A certified copy of such resolution shall be forwarded to the State Revenue Commissioner so that it will be received within five (5) days after its adoption. (d) The tax levied pursuant to this section 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 hereinbefore. Provided, however, that all monies collected from each taxpayer by the State Revenue Commissioner shall be first applied to such taxpayer's liability for taxes owed to the State of

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Georgia. Dealers shall be allowed a percentage of the amount of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting and paying the amount due, if said amount is not delinquent at the time of payment. The rate of the deduction shall be at the same rate authorized for deductions from State tax under the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. L. 1951, p. 360), as now or hereafter amended. (e) The proceeds of the tax collected by the State Revenue Commissioner under this section shall be disbursed as soon as practicable after collection as follows: (1) One percent of the amount collected shall be paid into the general funds of the State Treasury in order to defray the costs of the administration. (2) Except for the percentage provided for in paragraph (1) 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. (3) Except for the percentage provided for in paragraph (1) 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. (4) As used in paragraphs (2) and (3) hereof, population means population as determined by the United States Decennial Census of 1970 or any future such census. (f) (1) In the event the governing authority of either of the two most populous municipalities within a particular county shall adopt a resolution requesting the governing authority of the county to levy the tax authorized by this section, and the governing authority of such county shall not initiate a referendum election as provided for in subsection (b) of this section within ninety (90) days after the adoption

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of the municipality's resolution, or in the event the referendum provided for in section 2 (b) shall have been held and the result was disapproval of the imposition of the tax provided for in this section, then 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 within the corporate limits of such municipality; 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 subsection (b) of this section shall apply to a referendum election held by a municipality as provided herein except that: (i) The call for such referendum election shall be issued by the governing authority of the municipality and, (ii) The municipal superintendent of elections shall carry out the duties prescribed for the Judge of the Probate Court or election board chairman by said subsection (b) and, (iii) The question on the ballot shall be changed to apply to the municipality and, (iv) The cost of the referendum election shall be borne by the municipality. If the imposition of such tax is approved at the referendum election provided for herein, then the entire proceeds of such tax, except for the percentage provided for in paragraph (1) of subsection (e) of the section 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 section in the same manner as if a county were levying such tax. (2) In the event that any county shall subsequently hold a referendum election on the question of imposing the tax authorized by subsection (a) of this section, and the imposition of such tax is approved at such referendum election then the authority of any municipality located wholly or

Page 990

partially within any such county to impose within such county the tax authorized pursuant to paragraph (1) of this subsection shall cease upon the effective date of the imposition of such tax by any such county. Provided, however, that such effective date shall not be prior to the last day of that municipality's fiscal year in which the county approves the imposition of the tax. (3) In the event that any county shall subsequently hold a referendum on the question of imposing the tax authorized by subsection (a) of this section, and the imposition of such tax is not approved at such referendum election, then the authority of any municipality located within such county to impose the tax authorized pursuant to paragraph (1) of this subsection shall not be affected in any manner whatsoever. (g) As used within this section, the term `municipality' shall mean only those incorporated municipalities which impose a tax other than the tax authorized for by this section and which provide at least three of the following services: (1) Water. (2) Sewage. (3) Garbage collection. (4) Police protection. (5) Fire protection. (6) Library. (h) Any political subdivision levying the tax authorized by this section may cease to impose said tax effective on the first day of the second calendar quarter 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.

Page 991

(i) In order to provide governmental services more effectively and economically, in any county where the tax authorized by this section is levied, there is hereby created, pursuant to Article IX, Section III, Paragraph I of the Constitution of Georgia, a special district of taxation for services for the calendar year following the initial year in which such tax is levied, and thereafter as determined by the governing authority of such county as authorized by law, and which shall exist only in those portions of such county which are outside the boundaries of any municipality, as herein defined, within such county. (j) As a condition precedent to the exercise of the authority to levy the tax authorized by this section for the year following the initial year in which it is levied and every year following, the governing authority of any county receiving any proceeds from the imposition of such tax shall adjust the mill rate for ad valorem taxation within the special district of taxation for services, created by the provisions of subsection (i) of this section, so that the aggregate mill rate levied on property within the special district, shall be the following: the mill rate produced by subtracting from the mill rate which would produce aggregate revenue in an amount equal to the aggregate revenue received from taxation within the unincorporated area for the previous year, the mill rate which, if levied against the property in the unincorporated area of the county only, would produce an amount equal to the proceeds of the tax levied under this section which were received by the county during the preceding year, if such tax were imposed for the entire calendar year. If such tax were imposed for only a fraction of a year, the annualized amount representing the tax for the entire calendar year shall be used. Provided, however, that any mill rate which has been established for the retirement of any bonded debt of the political subdivision shall in no way be reduced or affected. As a condition precedent to the exercise of the authority to levy the tax authorized by this section for the years following the year after the initial year in which it is levied, the governing authority of any county receiving any proceeds from the imposition of such tax shall adjust the mill

Page 992

rate for ad valorem taxation within the special district of taxation for services, created by the provisions of subsection (i) of this section, so that the aggregate mill rate levied on property within the special district shall not exceed the mill rate levied by the county on property outside such special district minus that mill rate which, if levied against the property in the unincorporated area of the county only, would produce an amount equal to the proceeds of the tax levied under this section which were received by the county during the preceding year. (k) As a condition precedent for authority to levy the tax authorized by this section for the year following the initial year in which it is levied, the governing authority of any municipality receiving any proceeds from the imposition of such tax shall adjust the mill rate for ad valorem taxation for such municipality so that the aggregate revenue derived from ad valorem taxation by such municipality 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 municipality from the tax imposed pursuant to this section during the previous year, if such tax was imposed for an entire calendar year, or if such tax was imposed for only a fraction of a year, by an annualized amount representing the tax for the entire calendar year. Provided, however, that any mill rate which has been established for the retirement of any bonded debt of the municipality shall in no way be reduced or affected. (1) 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 section. (m) Any other provisions of this section to the contrary notwithstanding, if a county or municipality within a county levies a local income tax, then such county and all municipalities within such county shall be bound by the terms and conditions of the Act authorizing such local income tax for as long as such tax remains in effect in such county or in any municipality within such county, and such county and

Page 993

all municipalities within such county are prohibited from levying the tax authorized by this section during such period of time. (n) Where a local sales or use tax has been paid with respect to tangible personal property by the purchaser thereof, either in another local taxing jurisdiction within the State or in a taxing jurisdiction outside the State, where the purpose of the tax is similar in purpose and intent to the tax authorized to be imposed by this section, said tax may be credited against the tax authorized to be imposed by this section upon the same property. If the amount of sales or use tax so paid is less than the amount of the use tax due as authorized to be imposed by this section, the purchaser shall pay an amount equal to the difference between the amount so paid in the other taxing jurisdiction and the amount due as authorized to be imposed by this section. The State Revenue Commissioner may require such proof of payment in another local taxing jurisdiction as is deemed to be necessary and proper. (o) No tax shall be imposed upon the sale of tangible personal property which is ordered by and delivered to the purchaser at a point outside the geographical area governed by the local government imposing the tax, regardless of the point at which title passes, if such delivery is made by the seller's vehicle, U.S. mail, common carrier or by private or contract carrier licensed by the Interstate Commerce Commission or the Georgia Public Service Commission. (p) Each sales tax return remitting taxes collected hereunder shall separately identify the location of each retail establishment at which establishment any of the taxes remitted were collected and shall specify the amount of sales and amount of taxes collected at each such establishment for the period concerned by the return so as to thereby facilitate determination by the Revenue Commissioner that all taxes concerned by this section are collected and distributed according to situs of sale. Section 3. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged

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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 4. This Act shall become effective on the first day of July following its approval by the Governor [Illegible Text] its becoming law without his approval. Effective date. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1975. EROSION AND SEDIMENTATION ACT OF 1975. No. 599 (House Bill No. 174). An Act to provide for the establishment and implementation of a Statewide comprehensive soil erosion and sediment control program to conserve and protect land, water, air and other resources of the State; to provide a short title; to provide legislative findings and a declaration of policy; to provide definitions; to provide minimum standards for rules and regulations, ordinances and resolutions governing land-disturbing activities; to provide for local ordinances governing land-disturbing activities; to provide for the development and adoption of rules and regulations governing land-disturbing activities in certain counties and municipalities; to provide that certain land-disturbing activities may not be carried out without a permit; to provide for he issuance of permits and the conditions under which such permits shall be issued; to provide for the review and approval of erosion and sediment control

Page 995

plans submitted pursuant to this Act; to provide for the issuance, denial, suspension, revocation, and modification of permits; to provide for exceptions; to provide for judicial review; to provide that the provisions of this Act shall not authorize certain acts or the violation of certain statutes and rules and regulations; to provide the procedures connected with the foregoing; 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. This Act shall be known and may be cited as the Erosion and Sedimentation Act of 1975. Section 2. It is hereby found that soil erosion and sediment deposition onto lands and into waters within the watersheds of this State are occurring as a result of widespread failure to apply proper soil erosion and sedimentation control practices in land clearing, soil movement and construction activities, and that such erosion and sediment deposition result in pollution of State waters and damage to domestic, agricultural, recreational, fish and wildlife, and other resource uses. It is, therefor, declared to be the policy of this State and the intent of this Act to strengthen and extend the present erosion and sediment control activities and programs of this State and to provide for the establishment and implementation of a Statewide comprehensive soil erosion and sediment control program to conserve and protect land, water, air and other resources of the State. Policy. Section 3. Unless the context otherwise requires, the following terms, as used in this Act, are defined as follows: (a) Land-disturbing activity means any land change which may result in soil erosion from water or wind and the movement of sediments into State water or onto lands within the State, including, but not limited to, clearing, dredging, grading, excavating, transporting and filling of land, other than federal lands, except that the term shall not include the following: Definitions.

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(1) surface mining, as same is defined in subsection (a) of section 3 of the Georgia Surface Mining Act of 1968 (Ga. L. 1968, p. 9), as now or hereafter amended; (2) granite quarrying and land clearing for such quarrying; (3) such minor land-disturbing activities as home gardens and individual home landscaping, repairs, maintenance work, and other related activities which result in minor soil erosion; (4) the construction of single-family residences when such are constructed by or under contract with the owner for his own occupancy; (5) agricultural practices involving the establishment, cultivation or harvesting of products of the field or orchard, preparing and planting of pasture land, forestry land management practices including harvesting, farm ponds, dairy operations, and livestock and poultry management practices, and the construction of farm buildings; (6) any project carried out under the technical supervision of the Soil Conservation Service of the United States Department of Agriculture; (7) any project involving land change to five acres or less or the movement of not more than 500 cubic yards of land; provided, however, this exemption should not apply to any land-disturbing activity within 200 feet of the bank of any major stream or river which drains at least a land area of 100 square miles; (8) construction or maintenance projects, or both, undertaken or financed in whole or in part, or both, by the Department of Transportation, the Georgia Highway Authority, or the Georgia Tollway Authority, or any county or any municipality of this State; (9) any activity for which bids have been let or a construction contract signed prior to the date upon which a local

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ordinance or board regulation for a local government becomes effective; provided that, said undergoing activity is completed within 12 months after the effective date of said ordinance or regulation. (b) Person means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, State agency, municipality or other political subdivision of this State, any interstate body, or any other legal entity. (c) Erosion and sediment control plan or plan means a plan for the control of soil erosion and sediment resulting from a land-disturbing activity. (d) State waters includes any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells and other bodies of surface or subsurface water, natural or artificial, lying within or forming a part of the boundaries of the State which are not entirely confined and retained completely upon the property of a single individual, partnership or corporation. (e) Committee means the State Soil and Water Conservation Committee. (f) Board means the Board of Natural Resources. (g) Division means the Division of Environmental Protection of the Department of Natural Resources. (h) District means any one of the Soil and Water Conservation Districts of the State of Georgia. (i) Soil and Water Conservation District approved plan means an erosion and sediment control plan approved in writing by a Soil and Water Conservation District. (j) Issuing Authority shall mean the governing authority of any county or municipality which has in effect the ordinance provided for in section 5, and the Division in

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those instances where an application for a permit is submitted to the Division in those instances wherein such ordinances are not in effect. Section 4. The rules and regulations, ordinances or resolutions adopted pursuant to the provisions of this Act, provided for hereinafter, for the purpose of governing land-disturbing activities shall require as a minimum that: Rules. (a) Stripping of vegetation, regarding and other development activities shall be conducted in such a manner so as to minimize erosion (b) Cut-fill operations must be kept to a minimum. (c) Development plans must conform to topography and soil type so as to create the lowest practical erosion potential. (d) Whenever feasible, natural vegetation shall be retained, protected and supplemented. (e) The disturbed area and the duration of exposure to erosive elements shall be kept to a practicable minimum. (f) Disturbed soil shall be stabilized as quickly as practicable. (g) Temporary vegetation or mulching shall be employed to protect exposed critical areas during development. (h) Permanent vegetation and structural erosion control measures must be installed as soon as practicable. (i) To the extent necessary, sediment in run-off water must be trapped by the use of debris basins, sediment basins, silt traps, or similar measures until the disturbed area is stabilized. (j) Adequate provisions must be provided to minimize damage from surface water to the cut face of excavations or the sloping surfaces of fills.

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(k) Cuts and fills may not endanger adjoining property. (l) Fills may not encroach upon natural water courses or constructed channels in a manner so as to adversely affect other property owners. (m) Grading equipment must cross flowing streams by the means of bridges or culverts except when such methods are not feasible and provided, in any case, that such crossings are kept to a minimum. Section 5. The governing authority of each county and each municipality shall adopt a comprehensive ordinance establishing the procedures governing land-disturbing activities which are conducted within their respective boundaries. Such ordinances shall contain provisions which conform to the minimum requirements set forth in section 4 of this Act, and may contain provisions which are more stringent than those provided in this Act. Provided, however, that Local Governing Authorities shall have the authority, by such ordinance, to delegate in total or in part the responsibilities of the governing authorities as set forth in this Act, to any constitutional or statutory local planning and zoning commission. Ordinance. Section 6. Two years after the effective date of this Act, the Board, by appropriate rules and regulations, shall adopt the procedures governing land-disturbing activities which are conducted in those counties and municipalities which do not have in effect an ordinance conforming to the provisions of this Act. Such rules and regulations shall be developed by the Division with the advice and consent of the Committee and the appropriate district and shall contain provisions which meet those minimum requirements set forth in section 4 of this Act. Rules. Section 7. No land-disturbing activities shall be conducted in this State, except those land-disturbing activities provided for in section 11, without first securing the permit required herein. In those counties and municipalities which have adopted and shall have in force and effect the approved ordinances provided for in section 5, the application for such

Page 1000

permit shall be made to and the permit shall be issued by the governing authority of the county wherein such land-disturbing activities are to occur in the event such activities will occur outside the corporate limits of a municipality; and in those instances where such activities will occur within the corporate limits of any municipality, the application for such permit shall be made to and the permit shall be issued by the governing authority of the municipality in which such land-disturbing activities are to occur. In those counties and municipalities wherein no such ordinance is in force and effect, the application for such permit shall be made to and the permit shall be issued by the Division. In each instance, no permit shall be issued unless the erosion and sediment control plan shall be approved by the appropriate District as is required by section 9. Section 8. Applications for permits shall be submitted in accordance with the provisions of this Act, the rules and regulations, ordinances and resolutions adopted in pursuance thereof. Such applications shall be accompanied by the applicant's erosion and sediment control plans and by such supportive data as will affirmatively demonstrate that the land-disturbing activity proposed will be carried out in such a manner that the minimum requirements required by this Act shall be met. No permit shall be issued to any applicant unless the issuing authority shall affirmatively determine that the plan embracing such activities meets such requirements. Permits shall be issued or denied as soon as practicable after the application therefore is filed with the issuing authority, but in any event not later than 45 days. Section 9. Immediately upon receipt of an application for a permit, the application and plan for sediment and erosion control shall be referred to the appropriate District wherein such land-disturbing activities are proposed to take place for its review and recommendations concerning the adequacy of the erosion and sediment control plan proposed by the applicant.

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Section 10. Within the time specified by section 8, the issuing authority shall issue or deny the permit. The issuing authority shall, upon denial of a permit, state its reasons for the denial setting forth specifically wherein such application is found to be deficient. Any land-disturbing activity permitted under this Act shall be carried out in accordance with the provisions of this Act, the ordinance, resolution, or rules and regulations adopted and promulgated pursuant to this Act. The issuing authority shall specify on the permit the conditions under which the activity may be undertaken. No land-disturbing activity subject to the provisions of this Act shall be undertaken or conducted by any person without the permit first having been issued. Said permit may be suspended, revoked or modified by the issuing authority upon a finding that the holder is not in compliance with the approved erosion and sediment control plan; or that the holder is in violation of any ordinance, resolution, rule or regulation adopted or promulgated pursuant to this Act. Permit. Section 11. A permit for land-disturbing activities to be conducted by any airport authority or by any public utility under the regulatory jurisdiction of the Public Service Commission shall not be required. However, any such land-disturbing activity should conform as may be feasible and practicable to the minimum requirements set forth in section 4 of this Act. Section 12. Any person aggrieved by a decision or order of the issuing authority, after exhausting his administrative remedies, shall have the right to appeal de novo to the Superior Court of the county wherein such land-disturbing activities are proposed to occur. Appeal. Section 13. No provision of this Act shall authorize any person to violate, or to pollute any waters of this State as defined by, any provisions of the Water Quality Control Act, approved March 11, 1964 (Ga. L. 1964, p. 416), as now or hereafter amended, or the rules and regulations promulgated and approved thereunder. Section 14. 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 15. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1975. GEORGIA RETAILERS' AND CONSUMERS' SALES AND USE TAX ACT AMENDEDCERTAIN COUNTIES AND MUNICIPALITIES AUTHORIZED TO LEVY CERTAIN EXCISE TAXES, ETC. No. 600 (House Bill No. 248). An Act to authorize certain counties and municipalities to impose, levy and collect certain excise taxes; to provide a condition precedent for authority to levy such taxes following the initial year; to provide for legislative findings and policy, to provide the procedures connected therewith; to amend the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. L. 1951, p. 360), as amended, so as to delete therefrom certain of the prohibitions against certain political subdivisions levying certain taxes; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. (a) The General Assembly hereby finds, determines and declares: (1) that the encouragement, development, growth and expansion of tourism and conventions within the State of Georgia are important to the economy of the State and to the general welfare of its citizens; (2) that the major tourism and convention centers of the State should have the financial ability to attract and promote tourism and conventions, and to provide the necessary public facilities to compete in the domestic and international travel and convention markets;

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(3) that counties and municipalities of this State are hard put to deliver the services and facilities demanded of them to promote and attract visitors and convention delegates. (b) In accordance with these findings, it is hereby declared to be the purpose and intent of the General Assembly that each county and municipality in this State shall be authorized to levy and impose certain excise taxes, and that the funds be made available to the governing authorities of such counties and municipalities for any public purposes and that the funds be made available, also, for the purposes of promoting, attracting, stimulating and developing conventions and tourism in such counties and municipalities. Section 2. The governing authority of each municipality in this State shall be authorized to impose, levy and collect an excise tax upon the furnishing for value to the public of any room or rooms, lodging or accommodations furnished by any person or legal entity licensed by or required to pay business or occupation taxes to the municipality for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin or any other place in which rooms, lodgings or accommodations are regularly furnished for value. No such tax shall be levied upon the sale or charges for any rooms, lodgings or accommodations furnished for a period of more than 10 consecutive days, or for the use of meeting rooms, nor shall the rate of taxation exceed 3% of the charge to the public for such furnishings, nor shall the aggregate of taxes levied upon the sale or charges for any rooms, lodgings or accommodations, exceed 7% of the charge to the public for such furnishings. Section 3. The governing authority of each county in this State shall be authorized to impose, levy and collect an excise tax upon the furnishing for value to the public of any room or rooms, lodging or accommodations furnished by any person or legal entity licensed by or required to pay business or occupation taxes to the county for operating, a hotel, motel, inn, lodge, tourist camp, tourist cabin or any other place in which rooms, lodgings or accommodations are regularly furnished for value. No such tax shall be

Page 1004

levied upon the sale or charges for any rooms, lodgings or accommodations furnished for a period of more than 10 consecutive days, or for the use of meeting rooms, nor shall the rate of taxation exceed 3% of the charge to the public for such furnishings, nor shall the aggregate of taxes levied upon the sale or charges for any rooms, lodgings or accommodations, exceed 7% of the charge to the public for such furnishings. No such tax may be imposed, levied and collected in any portion of a county wherein the tax provided for in section 2 is being imposed, levied and collected. Section 4. The rate of taxation, the manner of its imposition, payment, collection and all other procedures related thereto shall be as provided for by each county and municipality electing to exercise powers herein conferred. Rate. Section 5. Dealers collecting the tax shall be allowed a percentage of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting and paying the amount due, if said amount is not delinquent at the time of payment. The rate of the deduction shall be the same rate authorized for deductions from State tax under the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. L. 1951, p. 360), as now or hereafter amended. Section 6. The Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. L. 1951, p. 360), as amended, is hereby amended by adding at the end of section 25 thereof the following: ; provided further that the prohibition in this section shall not apply to nor affect in any way any right granted to municipal corporations or counties to impose, levy, or collect an excise tax upon the furnishing for value to the public of rooms, lodging or accommodations. Section 7. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full

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force and effect, as if the section, subsection, sentence, clause or phrases so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without approval; provided, however, that no ordinance or regulation adopted by a county or municipality imposing the excise tax authorized by this Act shall become effective before May 1, 1975. Effective date. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1975. JOINT MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM ACT AMENDEDDEFINITION OF EMPLOYEE CHANGED. No. 601 (House Bill No. 319). 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 change the definition of the term `employee' under said Act so as to include within its meaning the chief legal officer or any associate legal officer of a municipal corporation and any municipal officer elected or appointed to preside over the court of a municipal corporation; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. An Act creating the 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 deleting the period at the end of subsection 5 of section 2 thereof, and inserting the following: , and the chief legal officer or any associate legal officer of a municipal corporation, and any municipal officer elected or appointed to preside over the court of a municipal corporation, so that when so amended, subsection 5 of section 2 of said Act shall read as follows: (5) `Employee' shall mean any full-time salaried or hourly-rated person in the active service of a municipal corporation of the State of Georgia, any employees of the board herein created, and, notwithstanding any laws to the contrary, any appointed or elected member of the governing authority of a municipal corporation of the State of Georgia, and the chief legal officer or any associate legal officer of a municipal corporation, and any municipal officer elected or appointed to preside over the court of a municipal corporation. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1975. HISTORICAL GRANTS TO MUNICIPALITIES AUTHORIZED. No. 602 (House Bill No. 337). An Act to amend an Act providing for grants to certain incorporated municipalities of this State to be used for any

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public purposes, approved April 21, 1967 (Ga. L. 1967, p. 889), as amended by an Act approved April 12, 1968 (Ga. L. 1968, p. 3696), so as to provide certain additional grants for certain purposes to every municipality of this State; to provide procedures; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for grants to certain incorporated municipalities of this State to be used for any public purposes, approved April 21, 1967 (Ga. L. 1967, p. 889), as amended by an Act approved April 12, 1968 (Ga. L. 1968, p. 3696), is hereby amended by adding after section 2 a new section to be designated section 2A, to read as follows: Section 2A. In addition to any grant to which any municipality of this State is entitled under this Act in any fiscal year, and the provisions of any other law to the contrary notwithstanding, any such municipality which owns and maintains from local revenues a public facility which is found and declared by a resolution of the General Assembly to be of historical value to the State and which is in need of repairs which are reasonably estimated to cost in excess of five million dollars and to require more than one year to plan and complete, shall be authorized to receive an annual grant equal to one-fourth of the amount of local funds expended on or committed to such repairs by the governing body of such municipality. The funds appropriated by the General Assembly for the purposes of this section shall be appropriated separately from funds appropriated for the purposes of section 2. Grants. Section 2. Said Act is further amended by striking section 6 in its entirety and substituting in lieu thereof a new section 6, to read as follows: Section 6. Funds distributed under this Act shall be paid to the municipality in the name of the municipal treasurer or other official or officials authorized to receive municipal funds as listed in the certificate required by section 4 of this Act. Funds granted under section 2 of this

Page 1008

Act shall be expended by the municipality only for the purposes prescribed in section 1 of this Act. Section 3. Said Act is further amended by adding a new section, to be designated section 6A, to read as follows: Section 6A. Funds made available under section 2A of this Act shall be distributed in the same manner as other funds are distributed under this Act and the certificate required by section 4 of this Act shall include a statement of the amount of the annual section 2A grant, the total amount of local funds expended on or committed to such repairs as of the date of the certificate and the total amount of section 2A grant funds already distributed to the municipality under this Act. Section 3A. No municipality shall receive any grant under this Act for a facility which has not been found and declared eligible under section 2A within 2 years after this Act becomes law. Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1975. THE DRIVER'S LICENSING ACT. Code Title 68B Enacted. No. 603 (House Bill No. 338) An Act to revise, classify, consolidate, and modernize present laws relating to the licensing of drivers of motor vehicles upon the highways of the State and to establish new laws relating thereto; to codify such laws as Title 68B 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

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provide that drivers must be licensed; to provide for exemptions from licensing; to provide that certain persons need not be licensed; to provide for classes of licenses; to provide for instruction permits and temporary licenses; to provide for license applications; to provide for applications by minors; to provide for examination of applicants; to provide for the issuance of licenses; to provide for the carrying and exhibition of licenses; to provide for restricted licenses; to provide for duplicate permits or licenses; to provide for the expiration and renewal of licenses; to provide for notice of change of name or address; to provide for the keeping of records by the Department of Public Safety; to provide for a driver license advisory board; to provide for reports by medical and vision specialists; to provide for veteran's and honorary licenses; to provide for the cancellation of licenses; to provide for the suspension of a resident's privilege based on conduct in another state; to provide for the forwarding of licenses by courts and the reporting of convictions; to provide for mandatory suspension; to provide for suspension of license for refusing to submit to chemical tests; to provide for the suspension of licenses; to provide for determination of habitual violators by the Department of Public Safety; to provide for the Department of Public Safety to require a reexamination; to provide for the periods of revocation; to provide for limited driver's permits; to provide for the period of suspension; to provide for the surrender and return of license by drivers; to prohibit the operation of vehicles under foreign licenses while license is suspended or revoked in this State; to provide a right of appeal to court from actions of the Department of Public Safety; to prohibit the unlawful use of licenses; to prohibit persons driving while their license is suspended or revoked; to prohibit permitting an unlicensed minor to drive; to provide for the authority of the Commissioner to adopt regulations; to provide for penalties; to provide for the repeal of certain laws; to provide for severability; to provide for the repeal of conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. The Code of Georgia of 1933 is hereby amended by adding thereto the following Title 68B, which shall be known as The Driver's Licensing Act: TITLE 68B THE DRIVER'S LICENSING ACT ARTICLE I DEFINITIONS 68B-101. Definitions. (a) All words, whenever used in this Title, shall have the same meaning as ascribed to them in section 101 of Title 68A of the Georgia Code (Ga. L. 1974, p. 633), 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. (b) The following words and phrases, whenever used in this Title, shall have the meaning 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: (1) Cancellation of driver's license. The annulment or termination by formal action of the Department of a person's license because of some error or defect in the license or because the licensee is no longer entitled to such license, but the cancellation of a license is without prejudice and application for a new license may be made at any time after such cancellation. (2) Commissioner. The Commissioner of Public Safety of the State of Georgia, created by section 1602 of the Executive Reorganization Act (Ga. L. 1972, pp. 1015, 1059). (3) Conviction. Except as provided elsewhere in this Title a forfeiture of bail or collateral deposited to secure a defendant's appearance in court, the payment of a fine, a plea of guilty, or a finding of guilt on a traffic violation charge shall be a conviction regardless of whether the sentence is suspended, probated, or rebated.

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(4) Mail. To deposit in the United States mail properly addressed and with postage prepaid. (5) 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 another person, but excludes a lessee under a lease not intended as security. (6) Present and future minimum motor vehicle insurance coverage. Minimum coverage as specified in the Georgia Motor Vehicle Accident Reparations Act, which coverage cannot be cancelled except for a subsequent conviction of an offense enumerated in section 68B-305 of this Title and after giving the Commissioner 20 days' written notice prior to the effective date of the cancellation. (7) Resident. A person who has a permanent home or abode in Georgia and to which whenever he is absent he has the intention of returning. For the purposes of this Title there is a rebuttable presumption that the following person is a `resident': (1) any person who accepts employment or engages in any trade, profession or occupation in Georgia or enters his children to be educated in the public schools of Georgia, within 10 days after the commencement of such employment or education; or (2) any person who, except for infrequent, brief absences, has been present in the State for 30 or more days. (8) Revocation of driver's license. The termination by formal action of the Department of a person's license or privilege to operate a motor vehicle on the public highways, which termination shall not be subject to renewal or restoration except that an application for a new license may be presented and acted upon by the Department after the expiration of the applicable period of time prescribed in this Title. (9) Suspension of driver's license. The temporary withdrawal by formal action of the Department of a person's license or privilege to operate a motor vehicle on the public highways, which temporary withdrawal shall be for a period specifically designated by the Department.

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ARTICLE II ISSUANCE OF LICENSES, EXPIRATION AND RENEWAL 68B-201. Drivers Must Be Licensed. (a) No person, except those hereinafter expressly exempted, shall drive any motor vehicle upon a highway in this State unless such person has a valid driver's license under the provisions of this Title for the type or class of vehicle being driven. (b) No person, except those hereinafter expressly exempted, shall steer or, while within the passenger compartment of such vehicle, exercise any degree of physical control of a vehicle being towed by a motor vehicle upon a highway in this State unless such person has a valid driver's license under the provision of this Title for the type or class of vehicle being towed. (c) No person shall receive a driver's license unless and until he surrenders to the Department all valid licenses in his possession issued to him by this or any other jurisdiction. All surrendered licenses issued by another jurisdiction shall be returned thereto, together with information that the person is licensed in this State. No person shall be permitted to have more than one valid driver's license at any time. (d) Any person licensed as a driver hereunder may exercise the privilege thereby granted upon all streets and highways in this State and shall not be required to obtain any other license to exercise such privilege by any county, municipality or local board, or body having authority to adopt local police regulations. 68B-202. What Persons Are Exempt from License. The following persons are exempt from licenses hereunder: 1. Any employee of the United States Government while operating a motor vehicle owned by or leased to the United States Government and being operated on official business, unless such employee is required by the United States Government or any agency thereof to have a State driver's license.

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2. A nonresident who is at least 16 years of age and who has in his immediate possession a valid license issued to him in his home state or country may operate a motor vehicle in this State. 3. A nonresident on active duty in the Armed Forces of the United States who has a valid license issued by his home state and such nonresident's spouse or dependent son or daughter who has a valid license issued by such person's home state. 4. Any person on active duty in the Armed Forces of the United States who has in his immediate possession a valid license issued in a foreign country by the Armed Forces of the United States may operate a motor vehicle in this State for a period of not more than 45 days from the date of his return to the United States. 5. Any inmate or resident patient of a State, county, or municipal-owned institution who drives a vehicle while on the grounds of such institution and while accompanied by and under the direct personal supervision of a qualified driving instructor or of some other person duly authorized in writing to so accompany and supervise such inmate or resident patient. 68B-203. Persons Not to Be Licensed. (a) Minimum age requirements. The Department shall not issue any driver's license to any person who is under the age of 16 years, except that the Department may issue an instruction permit permitting the operation of a Class I vehicle to any person who is at least 15 years of age under section 68B-205(a). (b) Disqualifications. The Department shall not issue any driver's license to, nor renew the driver's license of, any person: 1. Whose license has been suspended during such suspension, nor to any person whose license has been revoked, except as otherwise provided in this Title;

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2. Whose license is currently under suspension or revocation in any other state upon grounds which would authorize the suspension or revocation of a license under this Title; 3. Who is an habitual user of alcohol or any drug to a degree rendering him incapable of safely driving a motor vehicle; 4. Who has previously been adjudged to be afflicted with or suffering from any mental disability or disease and who has not at the time of application been restored to competency by the methods provided by law; 5. Who is required by this Title to take an examination, unless such person shall have successfully passed such examination; or 6. When the Commissioner has good cause to believe that such a person by reason of physical or mental disability would not be able to operate a motor vehicle with safety upon the highway. 68B-204. Class of Licenses. (a) The Department upon issuing a driver's license shall indicate thereon the type or general class of vehicles the licensee may drive. (b) Subject to the provisions of this Title, the Department shall establish by rules and regulations such qualifications, including but not limited to, training, experience, or educational prerequisites, as it believes are reasonably necessary for the safe operation of the various types, sizes, or combinations of vehicles and shall appropriately examine each applicant to determine his qualification according to the type or general class of license applied for. The various classes of motor vehicles for which operators thereof may be licensed to operate shall be as follows: Class 1All vehicles and combinations not included within Classes 2, 3, 4, and 5; Class 2Motorcycles; and motor-driven cycles;

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Class 3Vehicles 80 inches or wider, designed to carry more than 10 passengers, and all vehicles included within Class 1; Class 4Trucks licensed and registered for a gross weight of 24,000 pounds or more, and all vehicles included within Classes 1 and 3; Class 5Truck tractor-semitrailer combinations and any vehicle-trailer combination in which the trailer exceeds 29 feet in length, or exceeds 4,500 pounds gross weight, or exceeds 8 feet in width, and all vehicles included within Classes 1, 3 and 4. Applicants for Class 3, 4, and 5 licenses must possess a valid Georgia driver's license for Class 1 vehicles. 68B-205. Instruction Permits and Temporary Licenses. (a) Any person who is at least 15 years of age may apply to the Department for a Class 1 instruction permit. The Department shall, after the applicant has successfully passed all parts of the examination other than the driving test, issue to the applicant an instruction permit which shall entitle the applicant while having such permit in his immediate possession to drive a Class 1 vehicle upon the public highways for a period of 12 months when accompanied by a person at least 18 years of age who is licensed as a driver for a Class 1 vehicle, who is fit and capable of exercising control over the vehicle and who is occupying a seat beside the driver. This subsection does not apply to instruction permits for the operation of motorcycles. (b) Any person who is at least 16 years of age may apply to the Department for a motorcycle instruction permit. The Department shall, after the applicant has successfully passed all parts of the examination other than the driving test, issue to the applicant an instruction permit which shall entitle the applicant while having such permit in his immediate possession to drive a motorcycle or a motor-driven cycle upon the public highways for a period of 6 months. A motorcycle instruction permit shall not be valid when carrying passengers, or on a limited access highway or at night.

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(c) Any person who is at least 18 years of age may apply to the Department for an instruction permit to operate vehicles in Classes 3, 4, and 5. Such permits may only be issued to persons with valid Class 1 licenses. The Department shall, after the applicant has successfully passed all parts of the appropriate examination other than the driving test, issue to the applicant an instruction permit which shall entitle the applicant while having the permit in his immediate possession to operate a vehicle of the appropriate class upon the public highways for a period of 6 months. Prior to being issued a driver's license for Classes 3, 4 and 5, the applicant must present evidence of satisfactory driving experience in vehicles of the Class for which licensing is sought. (d) The Department shall issue a temporary driver's permit to an applicant for a driver's license permitting him to operate a specified type or class of motor vehicle while the Department is completing its investigation and determination of all facts relative to such applicant's eligibility to receive a driver's license. Such permit must be in his immediate possession while operating a motor vehicle, and it shall be invalid when the applicant's license has been issued or for good cause has been refused. Such permit shall be valid for no more than 45 days. When a license has been refused, the permit shall be returned to the Department within 10 days of receipt of written notice of refusal. 68B-206. Application for License or Instruction Permit. (a) Every application for an instruction permit or for a driver's license shall be made upon a form furnished by the Department. Every application shall be accompanied by the proper fee. The fees shall be: 1. $1.50 for all instruction permits and duplicate licenses; 2. $4.50 for Class 1 and Class 2 driver's licenses: 3. $8.50 for Class 3, Class 4, and Class 5 driver's licenses. (b) Every said application shall state the full name, date and place of birth, sex, and residence address of the applicant, and briefly describe the applicant, and shall state

Page 1017

whether the applicant has theretofore been licensed as a driver and, if so, when and by what state or country, and whether any such license has ever been refused, and, if so, the date of and reason for such suspension, and revocation or refusal, and such other information as the Department may require to determine the applicant's identity, competency and eligibility. The Department shall not issue a license until a complete examination of the applicant's record has been completed. The Department may issue rules and regulations as shall be necessary for the orderly processing of license applications. (c) Whenever application is received from a person previously licensed in another jurisdiction, the Department shall request a copy of such driver's record from such other jurisdiction. When received, the driving record shall become a part of the driver's record in this State with the same force and effect as though entered on the driver's record in this State in the original instance. (d) Whenever the Department receives request for a driving record from another licensing jurisdiction the record shall be forwarded without charge. 68B-207. Applications of Minors. The application of any person under the age of 18 years for an instruction permit or driver's license shall be signed and verified by the father, mother, or guardian of the applicant before a person authorized to administer oaths, or in the event there is no parent or guardian, then by another responsible adult. The Commissioner shall cause designated employees of the Department to be appointed as notary publics, in accordance with an Act approved March 27, 1947 (Ga. L. 1947, p. 1108), as amended, for the purpose of performing the notarial acts required by this Title, free of charge to applicants. 68B-208. Examination of Applicants. (a) The Department shall examine every applicant for a driver's license. Such examination shall include a test of the applicant's eyesight, his ability to understand official traffic-control devices, his knowledge of safe driving practices and the traffic laws of this State, and may include an actual demonstration

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of ability to exercise ordinary and reasonable control in the operation of a motor vehicle of the type or general class of vehicles he desires a license to drive. The examination may also include such further physical and mental examination as the Department finds necessary to determine the applicant's fitness to operate a motor vehicle safely upon the highways. The Commissioner may establish by rules and regulations the type of tests or demonstrations to be made by applicants for any class of license. (b) The Department shall make provision for giving an examination either in the county where the applicant resides or at another place reasonably convenient to the applicant. The examination shall be given at least once each month in each county of the State. 68B-209. Licenses Issued to Drivers. The Department shall upon payment of the required fee issue to every applicant qualifying therefor a driver's license indicating the type or general class of vehicles the licensee may drive, which license shall be upon a form prescribed by the Department and which shall bear thereon a distinguishing number assigned to the licensee, the full name, either a facsimile of the signature of the licensee or a space upon which the licensee shall write his usual signature with a pen and ink immediately upon receipt of the license, and such other information or identification as is required by the Department. No license shall be valid until it has been so signed by the licensee. 68B-210. License to be Carried and Exhibited on Demand. (a) Every licensee shall have his driver's license in his immediate possession at all times when operating a motor vehicle. (b) Every licensee shall display his license upon the demand of a law enforcement officer. A refusal to comply with such a demand not only shall constitute a violation of this subsection but shall also give rise to a presumption of a violation of subsection (a) of this section and of section 68B-201 of this Title.

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(c) A person convicted of a violation of subsection (a) of this section shall be fined no more than 10 dollars if he produces in court a license theretofore issued to him and valid at the time of his arrest. 68B-211. Restricted Licenses. (a) The Department upon issuing a driver's license shall have authority whenever good cause appears to impose restrictions suitable to the licensee's driving ability with respect to special mechanical control devices required on a motor vehicle which the licensee may operate or such other restrictions applicable to the licensee as the Department may determine to be appropriate to assure the safe operation of a motor vehicle by the licensee. The Department may promulgate such rules and regulations as necessary to implement this section. (b) The Department may either issue a special restricted license or may set forth such restrictions upon the usual license form. (c) The Department upon receiving satisfactory evidence of any violation of the restrictions of such license may revoke the same but the licensee shall be entitled to a hearing as upon a revocation under section 68B-307 (d). No person shall operate a motor vehicle in any manner in violation of the restrictions imposed in a restricted license issued to him. 68B-212. Duplicate Permit or License. (a) In the event that an instruction permit or a driver's license issued under the provisions of this Title is lost or destroyed, the person to whom the same was issued may upon payment of the required fee obtain a duplicate, or substitute thereof, upon furnishing proof satisfactory to the Department that such permit or license has been lost or destroyed. (b) The Department of Public Safety and the officers in charge of State Patrol stations shall issue a temporary driver's license to each individual who has lost by misplacement, and not by revocation or suspension, his instruction permit or driver's license and who has made application under oath on a form furnished by the Department which

Page 1020

states that the applicant presently has a valid license which has been lost or misplaced. (c) Any person who falsely swears or falsely makes the oath provided for in subsection (b) shall be punished as for a misdemeanor. (d) Any temporary license issued pursuant to this section shall be valid for 15 days, but the same may be renewed in the event the applicant's duplicate license has not been received within such time. 68B-213. Expiration and Renewal of License: Reexamination Required. (a) Every driver's license shall expire on the licensee's birthday in the fourth year following the issuance of such license. Every such license shall be renewed on or before its expiration upon application, payment of the required fee, and satisfactory completion of the examination required or authorized by subsection (b). Every holder of a veteran's or honorary license shall meet the requirements of subsection (b) on or before his birthday every four years, beginning from the date which the holder was last required to take any examination under the following law, which is repealed by this Title, an Act approved April 6, 1972 (Ga. L. 1972, p. 1076), as amended by an Act approved April 17, 1973 (Ga. L. 1973, pp. 916, 917; Ga. Code Ann. section 92A-401.10). The Department shall issue such rules and regulations as are required to enforce this section. (b) The Department shall require every person applying for renewal of a driver's license to take and successfully pass a test as it may prescribe of his eyesight. At the time of renewal, the Department shall issue a pamphlet containing information pertaining to new traffic laws and to traffic laws most frequently violated. The Department may issue such rules and regulations as are necessary to implement this section. (c) The Department may defer the expiration of the license of a licensee who is on active duty in the Armed Forces of the United States and stationed outside of Georgia for a period not in excess of four years, upon such terms

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and conditions as it may prescribe. The Department may similarly defer the expiration of the license of the spouse or dependent son or daughter of such serviceman, if such person is residing with the serviceman. 68B-214. Notice of Change of Address or Name. Whenever any person after applying for or receiving a driver's license shall move from the address named in such application or in the license issued to him, or when the name of a licensee is changed by marriage or otherwise, such person may apply to the Department for a license showing the correct name or address, provided that where any provision of this Title requires the Department by certified or ordinary mail to give written notice to a person effecting such person's driver license, the mailing of such notice to the name and address shown by Department records at the time of mailing shall be presumptive evidence that such person received the required notice. 68B-215. Records to Be Kept by the Department. (a) The Department shall file every application for a license received by it and shall maintain suitable indexes containing: 1. All applications granted; and 2. The name of every licensee whose license has been cancelled, suspended, or revoked by the Department and after each such name note the reasons for such action. (b) The Department shall also file all accident reports and abstracts of court records of convictions received by it under the laws of this State and in connection therewith maintain convenient records or make suitable notations in order that an individual record of each licensee showing the convictions of such licensee and the traffic accidents in which he has been involved shall be readily ascertainable and available for the consideration of the Department upon any application for renewal of license and at other suitable times. (c) The Department shall upon the request of a driver made in a manner to be prescribed by the Department furnish

Page 1022

to such driver or other person designated by such driver a certified abstract of that driver's operating record. The abstract shall include an enumeration of any accidents in which the driver has been involved, convictions, information pertaining to financial responsibility, and any other information the Department may consider pertinent. The Department shall prescribe a fee for furnishing such abstract, such fee not to exceed ten dollars, such fee to cover the costs of administering this section. Subject to the provisions of subsection (d) of this section, any person who knowingly submits a request for an abstract of a driving record other than one to which he is entitled pursuant to this section and the rules and regulations promulgated by the Department pursuant hereto shall be punished upon conviction by not more than 12 months imprisonment or a fine not to exceed one thousand dollars or both. (d) Notwithstanding any of the provisions of subsection (c) of this section, the Department may furnish without charge a copy of any driver's abstract to a judge, prosecuting official or a law enforcement agency or the driver's licensing agency of another state. It shall be unlawful for any person who receives an abstract hereunder to disclose or make any use thereof except in performance of his judicial or quasi-judicial duties. (e) The Commissioner shall designate a member of the Department to be the official custodian of the records of the Department. Said custodian may certify copies or compilations, including extracts thereof, of the records of the Department. When so certified, such records shall be admissible as evidence in any civil or criminal proceeding as proof of the contents thereof. (f) The Department shall not furnish to any person any compilations of the names or addresses of licensees or applicants for licenses. 68B-216. Driver License Advisory Board. (a) The Commissioner is authorized to appoint a driver license advisory board.

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(b) The board shall advise the Commissioner on medical criteria and vision standards relating to the licensing of drivers under the provisions of this Title. (c) The Department, having cause to believe that a licensed driver or applicant may not be physically or mentally qualified to be licensed, may obtain the advice of the board. The board may formulate its advice from records and reports or may cause an examination and report to be made by one or more members of the board or any other qualified person it may designate. The licensed driver or applicant may cause a written report to be forwarded to the board by a person of his choice who is licensed under the provisions of Ga. Code Chapter 84-9 or 84-11 to diagnose and treat disorders of humans. Such report shall be given due consideration by the board. (d) Members of the board and other persons making examinations shall not be held liable for their opinions and recommendations presented pursuant to subsection (c). (e) Reports received or made by the board, or its members, for the purpose of assisting the Department in determining whether a person is qualified to be licensed are for the confidential use of the board or the Department and may not be divulged to any person or used as evidence in any trial except that the reports may be admitted in proceedings under sections 68B-307 (d) and 68B-315, and any person conducting an examination pursuant to subsection (c) may be compelled to testify concerning his observations and findings in such proceedings. 68B-217. Reports by Physicians and Vision Specialists. (a) The driver license advisory board appointed by the Department shall define disorders characterized by lapses of consciousness or other mental or physical disabilities affecting the ability of a person to drive safely for the purpose of the reports required by this section, and the Department may use these definitions to promulgate regulations making such disorders and disabilities disqualifications,

Page 1024

under certain conditions, for obtaining or keeping a driver's license for any class or classes of vehicles. (b) All physicians licensed under Georgia Code Chapter 84-9 to diagnose and treat disorders and disabilities defined by the Department shall report to the Department, in writing, the full name, date of birth and address of every person over 15 years of age diagnosed as having any such specified disorder or disability within 10 days after such diagnosis. (c) All other persons licensed under Georgia Code Chapter 84-11 to diagnose and treat disorders defined by the Department shall report to the Department, in writing, the full name, date of birth and address of every person over 15 years of age diagnosed as having any such specified disorder or disability within 10 days after such diagnosis. (d) The reports required by this section shall be confidential and shall be used solely for the purpose of determining the qualifications of any person to drive a motor vehicle on the highways of this State. No civil or criminal action may be brought against any person or agency for providing the information required herein. The reports, or any reference to the reports, shall not be included in any abstract prepared pursuant to section 68B-215 of this Title. (e) No report forwarded under the provisions of this section shall be used as evidence in any civil or criminal trial nor in any proceeding under section 68B-315. It shall be a misdemeanor to divulge the reports or their contents to anyone not an employee of the Department or member of the Driver License Advisory Board appointed pursuant to the provisions of section 68B-216. 68B-218. Veterans Licenses and Honorary Licenses. (a) Except as specifically provided in this Title, no part of this Title shall be interpreted as affecting the rights and privileges of a person holding a veteran's or honorary license, and nothing herein shall be construed so as to authorize the Department to impose any charge or fee of any type whatsoever for the issuance or renewal of a veteran's or honorary

Page 1025

license. Provided, however, the Department may issue regulations on types and classes of vehicles which may be operated by the holder of such license. (b) The Department shall establish by rules and regulations the proof required to be produced by an applicant for a veteran's or honorary license. The contents of such license shall be the same as for any other license. The forms upon which such licenses are issued shall be such that the licenses are of a permanent nature; provided that nothing in this subsection shall authorize the Department to require any person holding a veteran's or honorary license before the effective date of this Title to surrender such license. Veteran's and honorary licenses shall not be subject to any fees. (c) Veteran's licenses may be issued to: (1) Veterans who were residents of the State of Georgia at the time of enlistment or commissioning and who are residents of Georgia at the time of application for the license and veterans who have been residents of the State of Georgia for at least five years immediately preceding the date of application for the license and who were discharged or separated under honorable conditions and who served on active duty in the armed forces of the United States, or on active duty in a reserve component of the armed forces of the United States, including the National Guard, during wartime or any conflict when personnel were committed by the President of the United States, except for periodic transfer from reserve status to active duty status for training purposes; or (2) All members or former members of the National Guard or reserve forces who have 20 or more years creditable service therein. (d) Honorary licenses may be issued to: (1) A resident of Georgia who is the surviving spouse of a veteran as defined by subsection (c) (1). Any license to such spouse shall be valid only as long as that person remains unmarried; or

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(2) A resident of Georgia who is the spouse of a veteran who would be qualified to receive a veteran's license but who is permanently disabled to the extent that he cannot operate a motor vehicle. ARTICLE III CANCELLATION, SUSPENSION, AND REVOCATION OF LICENSES 68B-301. Authority of Department to Cancel License. The Department is hereby authorized to cancel any driver's license upon determining that the licensee was not entitled to the issuance thereof hereunder or that said licensee failed to give the required or correct information in his application. 68B-302. Suspending Privileges of Nonresidents; Reporting Convictions, Suspensions and Revocations. (a) The privilege of driving a motor vehicle on the highways of this State given to a nonresident hereunder shall be subject to suspension or revocation by the Department in like manner and for like cause as a driver's license issued hereunder may be suspended or revoked. (b) The Department is further required, upon receiving a record of the conviction in this State of a nonresident driver of a motor vehicle of any offense, to forward a certified copy of such record to the motor vehicle administrator in the state wherein the person so convicted is a resident. (c) When a nonresident's operating privilege is suspended or revoked, the Department shall forward a certified copy of the record of such action to the motor vehicle administrator in the state wherein such person resides. 68B-303. Suspending Resident's License Based Upon Conduct in Another State. (a) The Department shall suspend the license of any resident of this State, and may suspend a nonresident's operating privilege, upon receiving notice of his conviction in another state of an offense described in section 68B-305.

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(b) The Department is authorized to suspend or revoke the license of any resident or nonresident upon receiving notice of the conviction of such person in another State of an offense other than those described in section 68B-305 which, if committed in this State, would be grounds for the suspension or revocation of the license of a driver. (c) The Department may give such effect to the conduct of a resident in another state as is provided by the laws of this State had such conduct occurred in this State. 68B-304. When Court to Forward License to Department and Report Convictions. (a) Whenever any person is convicted of any offense for which this Title makes mandatory the suspension of the license of such person by the Department, the court in which such conviction is had shall require the surrender to it of any driver's license then held by the person so convicted and the court shall thereupon forward the same together with the Uniform Citation Form authorized by an Act approved April 6, 1972 (Ga. L. 1972, p. 1148), as now or hereafter amended, within 15 days after the conviction. (b) Every court having jurisdiction over offenses committed under this Title or any other law of this State or ordinance adopted by a local authority regulating the operation of motor vehicles on highways, shall forward to the Department, within 10 days after the conviction of any person in said court for a violation of any said laws other than regulations governing standing or parking, a Uniform Citation Form authorized by an Act approved April 6, 1972 (Ga. L. 1972, p. 1148), as now or hereafter amended. The Department of Public Safety shall pay to the clerk of the court forwarding the report 25 cents for each report forwarded. 68B-305. Mandatory Suspension of License by Department. The Department shall forthwith suspend, as provided in section 68B-312, the license of any driver upon receiving a record of such driver's conviction of the following offenses, whether charged as a violation of State law

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or local ordinance adopted pursuant to Article XV of Georgia Code Title 68A: 1. Homicide by vehicle as defined by Georgia Code section 68A-903; 2. Manslaughter resulting from the operation of a vehicle; 3. Driving or being in actual physical control of a motor vehicle while under the influence of alcohol or any drug, as defined by Georgia Code section 68A-902: Provided that for the purposes of this subsection 3, an accepted plea of nolo contendere to a charge of driving under the influence of alcohol or drugs shall constitute a conviction when the person so making the plea has, within the preceding 5 years been convicted of, or had an accepted plea of nolo contendere to a charge of driving under the influence of alcohol or drugs; 4. Any felony in the commission of which a motor vehicle is used; 5. Failure to stop, render aid, or identify himself as required by Ga. L. 1953, Nov. Sess., pp. 556, 573 (Ga. Code Ann. section 68-1620) as now or hereafter amended; 6. Knowingly making a false affidavit or statement under oath or affirmation to the Department under this Title or any other law relating to the ownership or operation of motor vehicles; 7. Racing on highways and streets; 8. Using a motor vehicle in fleeing or attempting to elude an officer; or 9. Fraudulent or fictitious use of a license. 68B-306. Suspension of License for Refusal to Submit to Chemical Tests. (a) The State of Georgia considers that the persons who are under the influence of alcohol or drugs

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while operating a motor vehicle constitute a direct and immediate threat to the welfare and safety of the general public. Therefore any person who operates a motor vehicle upon the highways of this State shall be deemed to have given consent, subject to the provisions of Georgia Code Section 68A-902.1, to a chemical test or tests of his blood, breath, or urine or other bodily substances, for the purpose of determining the alcoholic or drug content of his blood if arrested for any offense arising out of acts alleged to have been committed while the person was driving or in actual physical control of a motor vehicle while under the influence of alcohol or any drug. The test or tests shall be administered at the request of a law enforcement officer having reasonable grounds to believe that the person has been driving or was in actual physical control of a motor vehicle upon the highways of this State while under the influence of alcohol or any drug. Subject to the provisions of Georgia Code section 68A-902.1, the requesting law enforcement officer shall designate which of the aforesaid tests shall be administered. (b) Any person who is dead, unconscious, or who is otherwise in a condition rendering him incapable of refusal, shall be deemed not to have withdrawn the consent provided by paragraph (a) of this section and the test or tests may be administered, subject to the provisions of Georgia Code section 68A-902.1. (c) If a person under arrest refuses upon the request of a law enforcement officer to submit to a chemical test designated by the law enforcement officer as provided in paragraph (a) of this section, none shall be given, but the Department, upon the receipt of a sworn report of the law enforcement officer that he had reasonable grounds to believe the arrested person had been driving or was in actual physical control of a motor vehicle upon the highways of this State while under the influence of alcohol or any drug and that the person had refused to submit to the test upon the request of the law enforcement officer, shall in accordance with the Georgia Administrative Procedure Act, Ga. L. 1964, p. 338, as now or hereafter amended, and except as provided for in this section, notify the person that his

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license is to be suspended, subject to review as provided for in this Title. (d) The person so notified may request a hearing within 10 days from the date of receipt of notice sent by certified mail. Within 30 days after receiving a written request for a hearing, the Department shall hold a hearing as is provided in the Georgia Administrative Procedure Act, Ga. L. 1964, p. 338, as now or hereafter amended. After such hearing, the Department shall sustain its order of suspension, or rescind such order. If no hearing is requested within the 10 days specified above, the right to a hearing shall have been waived and the license of the driver shall be suspended. (e) If the suspension is sustained after such a hearing, the person whose license has been suspended under the provisions of this section shall have a right to file for a judicial review of the Department's final decision, as provided for in the Georgia Administrative Procedure Act, Ga. L. 1964, p. 338, as now or hereafter amended, provided that while such appeal is pending, the order of the Department shall not be stayed. 68B-307. Authority of the Department to Suspend or Revoke License. (a) The State of Georgia considers dangerous, negligent, and incompetent drivers to be a direct and immediate threat to the welfare and safety of the general public, and it is in the best interests of the citizens of Georgia to immediately remove such drivers from the highways of this State. Therefore, the Department is hereby authorized to: 1. Suspend the license of a driver without a preliminary hearing upon a showing by its records or other sufficient evidence that the licensee is an habitually dangerous or negligent driver of a motor vehicle, such fact being established by the point system in subsection (b); or 2. Revoke the license of a driver without a preliminary hearing upon a showing by its records or other sufficient

Page 1031

evidence that the licensee is incapacitated by reason of disease, mental or physical disability or by addiction to alcohol or drugs to the extent that he is incompetent to drive a motor vehicle. (b) For the purpose of identifying habitually dangerous or negligent drivers and habitual or frequent violators of traffic regulations governing the movement of vehicles, the Department shall assess points, as provided in subsection (c), for convictions of violations of the provisions of Georgia Code Title 68A, of violations of lawful ordinances adopted by local authorities regulating the operation of motor vehicles, and of offenses committed in other states which if committed in this State would be grounds for such assessment. Notice of each assessment of points may be given, but the absence of notice shall not affect any suspension made pursuant to this section. No points shall be assessed for violating a provision of State law or municipal ordinance regulating standing, parking, equipment, size and weight. The Department is required to suspend the license of a driver, without preliminary hearing, when his driving record identifies him as an habitually dangerous or negligent driver or as an habitual or frequent violator under this subsection. (c) The points to be assessed for each offense shall be as provided in the following schedule: Reckless driving7 points Exceeding the speed limit by 25 miles per hour or more6 points Unlawful passing of a school bus6 points Improper passing on a hill or a curve4 points Exceeding the speed limit by more than 10 miles per hour but less than 25 miles per hour4 points Disobedience of any traffic-control device or traffic officer3 points All other moving traffic violations3 points

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The Commissioner shall suspend the driver's license of any person who has accumulated a violation point count of 15 or more points in any consecutive 24 month period: Provided that a second or subsequent plea of nolo contendere to a charge of committing an offense listed in this subsection (c) shall be considered a conviction for the purposes of this section. At the end of the period of suspension, the violation point count shall be reduced to 6 points. (d) Any person whose license is revoked pursuant to section 68B-307(a) (2) thereafter shall be entitled to a hearing before the Department upon receipt by the Department of a written request therefor. Such hearing shall be held within 30 days of the receipt of such request. The person may request an opinion of the driver license advisory board as provided for in section 68B-216(c) of this Title. The Department may not grant any exceptions to any regulations issued pursuant to section 68B-217(a). The scope of the hearing shall be to determine if the driver is competent to drive a motor vehicle, as defined in this Title. The hearing shall be informal and appeal shall be as provided for in section 68B-315. 68B-308. Determination of Habitual Violators. (a) When the records of the Department disclose that any person has been convicted of a violation of Georgia Code Title 68A or of a valid local ordinance adopted pursuant thereto, of an offense occurring on or after the effective date of this Act, which record of conviction, when taken with, and added to, the previous convictions of such person of offenses occurring within 10 years prior to the date of such offenses, as contained in the files of the Department, shall reveal that said person is an habitual violator, as hereinafter defined in this section, the Department shall forthwith notify such person that upon the date of notification such person has been declared by the Department to be an habitual violator, and that henceforth it shall be unlawful for said habitual violator to operate a motor vehicle in this State. Notice shall be given by certified mail, with return receipt requested; or in lieu thereof notice may be given by personal service upon such person. In the event that at the time of determination the habitual violator had been issued a driver's license, such

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license shall be thereby revoked and shall be surrendered to the Department within 10 days of notification of such determination. (b) As used in this section, `habitual violator' meansany person who has been convicted in any of the United States: 1. Three or more times of:(A) voluntary or involuntary manslaughter resulting from the operation of a motor vehicle; (B) homicide by vehicle in first or second degree; (C) violating Article IX of Title 68A of the Georgia Code (Uniform Rules of the Road) or of violating the law of any other state, or of a valid municipal or county ordinance substantially conforming to an offense in said Article IX; (D) operating a vehicle after cancellation, suspension, or revocation of his operator's license under the provisions of any law of this State, or of any other state, or of a valid municipal or county ordinance, substantially conforming to or paralleling the laws of Georgia; (E) the making of a false affidavit to the Department or under any other law of the State requiring the registration of motor vehicles or regulating their operation on the highways, or the making of false statement to the Department on any application for an operator's license; (F) using a fraudulent or fictitious license; (G) while in a motor vehicle, fleeing or attempting to elude a police officer; (H) any crime punishable as a felony under this Title or any other felony in the commission of which a motor vehicle is used; (I) failure to stop and disclose his identity at the scene of the accident, on the part of a driver of a motor vehicle involved in an accident resulting in damage to the property of another in excess of $100.00, or resulting in the death of, injury to, another person; or (J) singularly or in combination of any of the offenses hereinabove described in subsections (b)1 (A) through (b)1 (I) both inclusive; or 2. Fifteen or more times of moving traffic offenses as contained in Title 68A of the Georgia Code including those covered in (b)(1) of this subsection, or in the law of any other state, or in a valid municipal or county ordinance, substantially conforming to or paralleling a similar law of Georgia, which offenses are required to be reported to the Department,

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and the commission of which offenses, singularly or in combination with any other offense or offenses, statutorily requires the cancellation, suspension, or revocation of an operator's license by the Department, or the commission of which offenses singularly or in combination with any other offense or offenses, authorizes a court or the Department to impose suspension or revocation of a driver's license. (c) It shall be unlawful for any person to operate any motor vehicle in this State after such person has received notice that his driver's license has been revoked, as provided in subsection (a), and who thereafter has not obtained a valid driver's license. Any person declared to be an habitual violator and whose driver's license has been revoked under the provisions of this section who is thereafter convicted of operating a motor vehicle, while his license is so revoked, shall, upon such conviction, be punished by confinement in the penitentiary not less than one, nor more than five, years, and no portion of the sentence may be suspended, rebated or probated. (d) Notwithstanding any contrary provisions of an Act approved February 1, 1946 (Ga. L. 1946, pp. 1-142, Ga. Code Ann. section 27-1410), for the purposes of this section, any plea of nolo contendere entered and accepted after the effective date of this Title shall be considered a conviction. 68B-309. Department May Require a Reexamination. The Department, having good cause to believe that a licensed driver is incompetent or otherwise not qualified to be licensed, shall require him to submit to an examination at the nearest license examining facility within 10 days of receipt of written notice from the Department. Upon the conclusion of such examination, the Department shall take action as may be appropriate and may revoke the license of such person or permit him to retain such license, or may issue a license subject to restrictions as permitted under section 68B-211 or restrictions as to the type or class of vehicles that may be driven. Refusal or neglect of the licensee to submit to such examination shall be ground for revocation of his license.

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68B-310. Period of Revocation. (a) Unless the revocation was for a cause which has been removed, any person whose license or privilege to drive a motor vehicle on the public highways has been revoked shall not be eligible to apply for a new license nor restoration of his nonresident's operating privilege until: 1. Five years from the date on which the revoked license was surrendered to and received by the Department pursuant to a person having been declared an habitual violator under the provisions of section 68B-308; or 2. Such time as any cause for revocation under section 68B-307 (a) (2) has been removed. (b) The Department shall not issue a new license nor restore a person's suspended license or nonresident's operating privilege unless and until it is satisfied after investigation of the character, habits and driving ability of such person that it will be safe to grant the privilege of driving a motor vehicle on the public highways. The Department may issue rules and regulations providing for reinstatement hearings. In the case of a revocation pursuant to section 68B-308, the Department shall charge a fee of ten dollars to issue a new driver's license to a person whose driver's license has been revoked, to cover the costs of administering this section and shall require a reexamination of the driver's ability and knowledge of the traffic laws of this State. The Department may, prior to issuing a new license or restoring a license or nonresident's operating privilege to a person whose license or nonresident's operating privilege has been revoked pursuant to section 68B-308 of this Title require such person to maintain and present proof of present and future minimum motor vehicle insurance coverage as defined by section 68B-101(b) (6) of this Title for a period not to exceed 36 months from the date of restoration of the license or nonresident's operating privilege. If a person who is so required to maintain present and future minimum motor vehicle insurance coverage ceases to maintain such coverage, that person's license or operating privilege shall become immediately suspended without further action by the Department and remain suspended until present and future minimum

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motor vehicle insurance coverage is restored or no longer required. The Department shall establish by rule and regulation the method and manner by which present and future minimum motor vehicle insurance coverage shall be proved and maintained. 68B-311. Limited Permits for First Offenders. (a) Notwithstanding any contrary provisions of section 68B-312, or any other sections of this Title, any person may apply for a Limited Driving Permit when and only when that person's driver's license has been suspended pursuant to a conviction of driving under the influence of drugs or alcohol, as required by subsection 3 of section 68B-305, provided that such person had not been convicted of or had a plea of nolo contendere to such offense accepted within ten years prior to the date of the most recent conviction. (b) Application Form. Applications for Limited Driving Permits shall be made upon such forms as the Commissioner may prescribe. Such forms shall require such information as is necessary for the Department to determine the need for such permit. All applications shall be signed by the applicant before a person authorized to administer oaths. (c) Standards for Approval. The Department shall issue a Limited Driving Permit if the application indicates that refusal to issue such permit would cause extreme hardship to the applicant. For the purposes of this section, `extreme hardship' means that the applicant cannot reasonably obtain other transportation, and therefore the applicant would be prohibited from: 1. Going to his place of employment or performing the normal duties of his occupation; 2. Receiving scheduled medical care or obtaining prescription drugs; 3. Attending a college or school at which he is regularly enrolled as a student; or 4. Attending under court order any driver education or

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improvement school approved by the court which entered the judgment of conviction resulting in suspension of his driver's license or by the Commissioner. (d) Conditions Attached. A limited Driving Permit shall be endorsed with such conditions as the Commissioner deems necessary to insure that such permit will be used by the permittee only to avoid the conditions of extreme hardship. Such conditions may include the following restrictions: 1. Specific places between which the permittee may be allowed to operate a motor vehicle; 2. Routes to be followed by the permittee; 3. Times of travel; 4. The specific vehicles which the permittee may operate; and 5. Such other restrictions as the Department may require. (e) Duration of permit. A permit issued pursuant to this section shall be nonrenewable and shall become invalid upon the expiration of one year following the effective date of suspension of the applicant's driver's license, as provided in subsection (c) of section 68B-312; provided, however, that a person convicted of such offense (1) whose driver's license had been surrendered to the court in which such conviction was adjudged may apply to the Department for a Limited Driving Permit, immediately following such conviction. Upon the applicant's execution of an affidavit attesting to such facts and to the fact that said court had not imposed a suspension or revocation of his driver's license or driving privileges inconsistent with the driving privileges to be conferred by the Limited Driving Permit applied for, the Department may issue such person a Limited Driving Permit; (2) whose driver's license had not been surrendered to such court immediately following such conviction may apply to the Department for a permit. Upon the applicant's surrender to the Department of his driver's license and the execution

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of a similar affidavit, or if he has lost his driver's license, upon execution of an additional affidavit to that effect, the Department may issue such person a Limited Driving Permit. No official or employee of the Department shall be criminally or civilly liable or subject to being held in contempt of court for issuing a Limited Driving Permit in reliance on the truth of the affidavits required in this section. (f) Revocation of Permit. Any permittee who is convicted of violating any State law or local ordinance relating to the movement of vehicles, or any permittee who is convicted of violating the conditions endorsed on his permit, shall have his permit revoked by the Department, and any court in which such conviction is had shall require the permittee to surrender the permit to the court, and the court shall forward same to the Department, within 10 days after the conviction, with a copy of the conviction. Any person whose Limited Driving Permit has been revoked shall not be eligible to apply for a driver's license until six months from the date such permit was surrendered to the Department. The Department may impose an additional period of suspension for the conviction upon which revocation of the permit was based. (g) Hearing. Any person whose permit has been revoked, or who has been refused a permit by the Department may make a request in writing for a hearing to be provided by the Department. Such hearing shall be provided by the Department within 30 days after the receipt of such request, and shall follow the procedures required by the Georgia Administrative Procedure Act, Ga. L. 1964, p. 338, as now or hereafter amended. Appeal from such hearing shall be in accordance with the provisions of said Act. (h) Rules and Regulations. The Department may promulgate such rules and regulations as are necessary to implement the provisions of this section. 68B-312. Period of Suspension. (a) Any person convicted

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of an offense listed in section 68B-305 of this Title shall have his license suspended as follows: 1. For a first conviction of any such offense, the period of suspension shall be one year. Provided, that at any time after 60 days of suspension, such person may apply to the Department for the return of his license: Provided that for the purposes of this paragraph 1, an accepted plea of nolo contendere to a charge of driving under the influence of alcohol or drugs shall not constitute a conviction. 2. For a second conviction of any such offense within 10 years of any such previous conviction, the period of suspension shall be 3 years: Provided that for the purposes of this paragraph 2, all accepted pleas of nolo contendere to a charge of driving under the influence of alcohol or drugs, made within 5 years of a previous conviction or accepted plea of nolo contendere to such offense, shall be considered convictions; and further provided, that at any time after 90 days of suspension, such person may apply to the Department for the return of his license. 3. For a third such conviction of any such offense within 10 years of any second such conviction, such person shall be considered a habitual violator, and his license shall be revoked as provided for in section 68B-310(a) (1) of this Title: Provided that for the purposes of this paragraph 3, all accepted pleas of nolo contendere shall be considered convictions. In all cases where the Department may return a license to a driver prior to the termination of the full period of suspension, the Department may require such tests of driving skill and knowledge as it determines to be proper, and the Department's discretion shall be guided by the driver's past driving record and performance, and he shall pay a fee of $10.00. The Commissioner may, before returning a license to a person prior to the full period of a suspension require such person to maintain and present proof of present and future minimum motor vehicle insurance coverage as defined in section 68B-101(b) (6) of this Title for a period not to exceed the remaining full period of suspension. If a

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person who is required to maintain present and future motor vehicle insurance coverage ceases to maintain such coverage, that person's license shall become immediately suspended without further action by the Department and remain suspended until present and future minimum motor vehicle insurance coverage is restored or no longer required. The Department shall establish by rules and regulations the method and manner by which present and future minimum motor vehicle insurance coverage shall be proved and maintained: Provided that when the full period of suspension has run, the license shall unconditionally be returned to the driver. (b) Any suspension made pursuant to section 68B-306 of this Title shall be for 6 months. (c) The periods of suspension provided for in this section shall begin on the date the license is surrendered to and received by the Department, or from the date a license is surrendered to a court under any provision of this Title, whichever date shall first occur. If the license cannot be surrendered to the Department, the period of suspension shall begin on the date an affidavit setting forth the reasons for such impossibility is accepted by the Department. 68B-313. Surrender and Return of License. (a) The Department upon cancelling, suspending or revoking a license shall require that such license shall be surrendered to and be retained by the Department. (b) Any person whose license has been cancelled, suspended, or revoked shall immediately return his license to the Department. (c) It shall be unlawful to refuse to deliver upon a legal demand any driver's license which has been cancelled, suspended, or revoked. 68B-314. No Operation Under Foreign License During Suspension or Revocation in This State. Any resident or nonresident whose driver's license or privilege to operate a motor vehicle in this State has been suspended or revoked as

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provided in this Title shall not operate a motor vehicle in this State under a license or permit issued by any other jurisdiction or otherwise during such suspension or after such revocation until the license is restored when and as permitted under this Title. 68B-315. Right of Appeal to Court. Except as provided in sections 68B-306(e) and 68B-311(f) of this Title, any decision rendered by the Department shall be final unless the aggrieved person shall desire an appeal. In such case such person shall have the right to enter an appeal in the Superior Court of the county of his residence or in the Superior Court of Fulton County. Such appeal shall name the Commissioner as defendant and must be filed within 30 days from the date the Department enters its decision or order, except that the person filing the appeal shall not be required to post any bond nor pay the costs in advance. If the person so desires, the appeal may be heard by the judge at term or in chambers or by a jury at the first term. The hearing on the appeal shall be de novo, but no appeal shall act as a supersedeas of any orders or acts of the Department. No person shall be allowed to operate any vehicle in violation of any suspension or revocation by the Department while any such appeal is pending. ARTICLE IV VIOLATION OF LICENSE PROVISIONS 68B-401. Unlawful Use of License. It is a misdemeanor for any person: 1. To display or cause or permit to be displayed or have in his possession any cancelled, revoked, suspended, fictitious or fraudulently altered driver's license; 2. To lend his driver's license to any other person or knowingly permit the use thereof by another; 3. To display or represent as one's own any driver's license not issued to him;

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4. To fail or refuse to surrender to the Department upon lawful demand any driver's license which has been suspended, revoked or cancelled; 5. To use a false or fictitious name in any application for a driver's license or to knowingly make a false statement or to knowingly conceal a material fact or otherwise commit a fraud in any such application; 6. To permit any unlawful use of a driver's license issued to him; or 7. To do any act forbidden or fail to perform any act required by this Title. 68B-402. Driving While License Suspended or Revoked. (a) Except when his license has been revoked as an habitual violator under the provisions of section 68B-308, any person who drives a motor vehicle on any public highway of this State at a time when his privilege to do so is suspended or revoked shall be guilty of a misdemeanor and upon conviction shall be punished by imprisonment for not less than two days nor more than six months and there may be imposed in addition thereto a fine of not more than $500.00. (b) The Department upon receiving a record of the conviction of any person under this section upon a charge of driving a vehicle while the license of such person was suspended shall extend the period of such suspension for an additional like period if the prior suspension was imposed under section 68B-307 of this Title and if the suspension was imposed under any other provision of this Title the Department may impose an additional suspension for a period of not more than one year from the date the person would otherwise have been eligible to be licensed. (c) The Department shall extend the period of suspension as provided in subsection (b) upon receiving a record of a driver's conviction of any law or ordinance regulating the operation of motor vehicles if such offense was committed at a time when his license was suspended and shall revoke the registration and license plate of the vehicle

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driven by such driver. If the vehicle was not owned by the driver, the owner of the vehicle may avoid suspension of registration and license plate by filing an affidavit with the Commissioner setting forth such facts that the Commissioner may determine that such owner had no knowledge that the license of the driver was suspended or revoked. 68B-403. Permitting Unauthorized Minor to Drive. No person shall cause or knowingly permit his child or ward under the age of 18 years to drive a motor vehicle upon any highway when such minor is not authorized hereunder or in violation of any of the provisions of this Title. Provided that this section shall not apply to any vehicle not required to be registered by the laws of this State. 68B-404. Permitting Unlicensed Person to Drive. No person shall knowingly authorize or permit a motor vehicle owned by him or under his control to be driven upon any highway by any person who is not authorized hereunder or who is not licensed for the type or class of vehicles to be driven or in violation of any of the provisions of this Title. ARTICLE V REGULATORY AUTHORITY 68B-501. Regulatory Authority of Commissioner. (a) The Commissioner is authorized to implement any and all provisions of this Title by the promulgation of necessary rules and regulations. An express grant of authority to the Commissioner in any section to promulgate regulations shall not be construed as excluding such authority in any other section. (b) When duly promulgated and adopted, all regulations issued pursuant to this Title shall have the force of law. 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,

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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 3. Specific Repealer. The following laws and parts of law are hereby specifically repealed: Article IV of an Act approved February 23, 1937, Ga. L. 1937, p. 322, as amended, setting forth the requirements for driver's licenses. An Act approved December 22, 1953, Ga. L. 1953, Nov.-Dec. Sess., p. 339, as amended, providing for application for driver's licenses by persons under 18 years of age. An Act approved March 27, 1968, Ga. L. 1968, p. 430, as amended, establishing a violating point system for moving traffic violations. An Act approved April 6, 1972, Ga. L. 1972, p. 1086, as amended, regulating habitual violators against the motor vehicle laws of this State. Section 3 of an Act approved February 21, 1951, Ga. L. 1951, pp. 565, 567, as amended, providing for financial responsibility by owners and operators of motor vehicles. So much of section 7-A of an Act approved February 21, 1951, Ga. L. 1951, pp. 565, 571, as amended, as reads: Upon conviction or plea of guilty or forfeiture of bond of any of the following offenses of an operator by or in any court it shall be mandatory upon the Director to revoke said operator's license for a period of one year, effective as of the date of such disposition: (1) Manslaughter, voluntary or involuntary, (or negligent homicide) resulting from the operation of a motor vehicle; (2) Driving a motor vehicle while under the influence of intoxicating liquors or drugs; (3) Any felony in the commission

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of which a motor vehicle is used; (4) Failure to stop and render aid as required under the laws of this State, hit and run, or leaving the scene of an accident as specified by the laws of this State; (5) perjury or the making of a false affidavit or statement under oath to the Department of Public Safety under this Chapter or the law relating to drivers' licenses, or any other law relating to the ownership or operation of motor vehicles; (6) Transporting contraband or stolen goods: Provided, however, in the event an operator shall enter a plea of nolo contendere for the second or any subsequent time for driving a motor vehicle while under the influence of intoxicating liquors or drugs it shall be mandatory upon the Director to treat said operator's license in the same manner as though said operator had pleaded guilty or had been convicted of any of the offenses itemized in this section., and the words after the expiration of 30 days from the date of conviction. Subsections (a), (b), (c), and (h) of section 47A of an Act approved January 11, 1954, especially as amended by an Act approved March 27, 1968, regulating implied consent to blood alcohol tests. An Act approved April 6, 1972, Ga. L. 1972, p. 1081, authorizing physically handicapped persons to operate certain vehicles. Section 4. Effective Date. This Act shall become effective January 1, 1976. Section 5. General Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1975. POLITICAL SUBDIVISION AUTHORIZED TO RETAIN AMOUNTS ON CERTAIN WATER AND SEWER CONTRACTS, ETC. No. 604 (House Bill No. 851). An Act to provide for retained amounts on certain water and sewer contracts; to provide for an alternate escrow

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procedure for such retention; to provide the procedures connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. (a) Any department, agency or instrumentality of the State, or any political subdivision of this State, is hereby authorized to insert a clause in the specifications of all contracts relating to the installation, extension, improvement, maintenance or repair of any water or sewer facility providing for the retention of amounts constituting a percentage of the gross value of the completed work as may be provided for in the contract. (b) Final payment of the retained amounts to the contractor under the contract to which the retained amount relates shall be made after certification by the engineer in charge of the project covered by the contract that the work has been satisfactorily completed and is accepted in accordance with the contract, plans and specifications. Section 2. (a) In lieu of the retained amounts provided for in section 1, any department, agency, or instrumentality of the State, or any political subdivision of this State, is hereby authorized to insert a clause in the specifications of all contracts provided for in section 1, an alternate procedure providing for the maintenance of an escrow account in an amount at least equal to the amount authorized to be retained by the contract. (b) Any such escrow agreement entered into pursuant to the provisions of this section must contain as a minimum the following provisions: (1) Only State or national banks chartered within the State of Georgia may serve as an escrow agent. (2) The escrow agent must limit the investment of funds of the contractor held in escrow in lieu of retained amounts provided for in section 1 to negotiable certificates of deposits issued by any State or national bank in the State

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of Georgia (including but not limited to certificate of deposit issued by the bank acting as escrow agent) registered in the name of the escrow agent as such under escrow agreement with the contractor. (3) As interest on certificates of deposits held in escrow becomes due, it shall be collected by the escrow agent and paid to the contractor. (4) The escrow agent shall promptly acknowledge to the appropriate fiscal officer the amount and value of the escrow account held by the escrow agent, and that any additions to the escrow account shall be reported immediately. Withdrawals from the escrow account shall only be made subject to the written approval of the fiscal officer of the department, agency or instrumentality of the State, or any political subdivision entering into the contract. (5) Upon default or overpayment of any contract subject to this procedure and upon the written demand of the fiscal officer provided for in (4) above, the escrow agent shall within ten (10) days deliver a certified check to the appropriate fiscal officer in the amount of the escrow account balance relating to the contract in default. (6) The escrow account may be terminated upon completion and acceptance of the contract as provided for in section 1. (7) All fees and expenses of the escrow agent shall be paid by the contractor to the escrow agent and if not paid shall constitute a lien on the interest accruing to the escrow account and shall be paid therefrom. (8) The escrow account shall constitute a specific pledge to the State or any political subdivision and the contractor shall not, except to his surety, otherwise assign, pledge, discount, sell or transfer his interest in said escrow account, the funds in which shall not be subject to levy, garnishment, attachment or any other process whatsoever. (9) The form of the escrow agreement and provisions thereof in compliance herewith, as well as such other provisions

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as the appropriate fiscal officer shall from time to time prescribe, shall be subject to written approval of the said fiscal officer. The approval of the escrow agreement by the appropriate fiscal officer shall authorize the escrow agent to accept appointment in such capacity. Section 3. The department, agency, or instrumentality of the State, or political subdivision of this State, shall not be liable to the contractor or his surety for the failure of the escrow agent to perform under the escrow agreement, or for the failure of any bank to honor certificates of deposits issued by it which are held in the escrow account. Section 4. Nothing in this Act shall be construed or deemed to affect any contract covered by the provisions of Ga. L. 1971, p. 635. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1975. PROFESSIONAL ENGINEERS AND LAND SURVEYORS ACT. Code Title 84 Amended. No. 605 (House Bill No. 971). An Act comprehensively to revise and codify the laws of this State regulating the practice of professional engineering and the practice of land surveying; to amend Code Title 84, relating to professions and trades, so as to codify the laws relating to professional engineering and land surveying as Code Chapter 84-21; to prohibit the unlawful practice of professional engineering and land surveying; to provide for definitions; to create a State Board of Registration for Professional Engineers and Land Surveyors; to provide for the qualifications, appointment, and compensation of members of such Board; to provide for the operation of the Board; to define the powers of the Board; to establish requirements for applications for

Page 1049

registration; to establish qualifications for Engineer-in-Training certificates; to establish qualifications for registration as Professional Engineers; to establish qualifications for Land Surveyor-in-Training certificates; to establish qualifications for registration as Land Surveyors; to provide for examinations; to provide for registration by comity; to provide for the expiration and renewal of certificates and certificates of registration; to require seals of registrants and to provide for their use; to provide for temporary permits; to authorize the corporate practice of engineering and land surveying under certain conditions; to require that plans for public and private works and other structures affecting the safeguarding of life, health and property bear the seal and be executed under the supervision of a Professional Engineer or Architect; to provide for exemptions; to provide that the Board may discipline those licensed by it and to establish the grounds and procedures for such discipline; to provide for enforcement; to establish criminal penalties; to provide for a specific repealer; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Title 84 of the Code of Georgia of 1933, relating to professions and trades, is hereby amended by adding thereto a new chapter to be designated Code Chapter 84-21 which shall read as follows: Chapter 84-21. Professional Engineers and Land Surveyors. Section 84-2101. Purpose. This Chapter is enacted to safeguard life, health and property and to promote the public welfare. Section 84-2102. Unlicensed Pratice Prohibited. (a) It shall be unlawful for any person other than a Professional Engineer to practice, or to offer to practice, professional engineering in this State. (b) It shall be unlawful for any person other than a Land

Page 1050

Surveyor to practice, or to offer to practice, land surveying in this State. Section 84-2103. Definitions. As used in this Chapter: (a) `Professional Engineer' shall mean an individual who is qualified by reason of knowledge of mathematics, the physical sciences, and the principles by which mechanical properties of matter are made useful to man in structures and machines, acquired by professional education and practical experience, to engage in the practice of engineering as hereinafter defined and who possesses a current certificate of registration as a Professional Engineer issued by the Board. (b) `Professional Engineering' shall mean the practice of the art and sciences, known as engineering, by which mechanical properties of matter are made useful to man in structures and machines, and shall include any professional service, such as consultation, investigation, evalution, planning, designing, or responsible supervision of construction or operation, in connection with any public or private utilities, structures, buildings, machines, equipment, processes, works or projects, wherein the public welfare, or the safeguarding of life, health or property is concerned or involved, when such professional service requires the application of engineering principles and data and training in the application of mathematical and physical sciences. A person shall be construed to practice or offer to practice professional engineering, within the meaning of this Chapter, who by verbal claim, sign, advertisement, letterhead, card, or in any other way represents or holds himself or herself out as a Professional Engineer or engineer or as able or qualified to perform engineering services, or who does perform any of the services hereinbefore set out. Nothing contained in this Chapter shall include the work ordinarily performed by persons who operate or maintain machinery or equipment. (c) `Engineer-in-Training' shall mean an individual who meets the qualifications for and to whom the Board has duly issued an Engineer-in-Training certificate. (d) `Land Surveyor' shall mean an individual who is qualified to engage in the practice of land surveying as hereinafter

Page 1051

defined and who possesses a current certificate of registration as a Land Surveyor issued by the Board. (e) `Land Surveying' includes the application of mathematics and the principles, laws and techniques by which the facts of size, shape, topography, location or relocation, orientation, natural and manmade appurtenances are determined, monumented or remonumented, reported or plotted, including subdivisions, condominiums, and subsurface measurements and describing of property for use in legal instruments as it affects real property and property rights. A person shall be construed to practice or offer to practice land surveying within the meaning of this Chapter, who by verbal claim, sign, advertisement, letterhead, cards, or in any other way represents or holds himself or herself out as able or qualified to perform, or who does perform any of the services hereinbefore set out. (f) `Land Surveyor-in-Training' shall mean an individual who meets the qualifications for and to whom the Board has duly issued a certificate as a Land Surveyor-in-Training. (g) `Board' shall mean the State Board of Registration for Professional Engineers and Land Surveyors. (h) `Current Certificate of Registration' shall mean a certificate of registration which has not expired or been revoked and the rights under which have not been suspended or otherwise restricted by the Board. (i) `Person' shall mean an individual and any legal or commercial entity, including by way of illustration and not limitation, a partnership, corporation, association, or governmental agency. Section 84-2104. Board of Registration. (a) A State Board of Registration for Professional Engineers and Land Surveyors is hereby re-created whose duty it shall be to administer the provisions of this Chapter. The Board shall consist of four Professional Engineers and one Land Surveyor, who shall be appointed by the Governor for a term of five years from among nominees recommended by the

Page 1052

representative engineering or land surveying societies in the State. (b) Each member shall hold office until his successor shall have been duly appointed and shall have been qualified. All successors shall be appointed in the same manner as the original appointment. A vacancy on the membership of the Board shall be filled by appointment by the Governor, in the same manner as the original appointment to the position vacated, for the unexpired term. (c) Each member of the Board shall be a citizen of the United States and a resident of this State, and shall have been engaged in the practice of the profession of engineering or land surveying for at least twelve years and shall have been in responsible charge of important engineering or land surveying work for at least five years. Responsible charge of engineering or land surveying teaching may be construed as responsible charge of important engineering or land surveying work respectively. (d) Each member of the Board shall receive the sum of $20.00 per diem when actually attending to the work of the Board or of any of its committees, and for the time spent in necessary travel; and in addition thereto, shall be reimbursed for actual expenses necessarily incurred in carrying out the provisions of this Chapter. (e) The Governor may remove any member of the Board for misconduct, incompetency, neglect of duty or for any other sufficient and just cause. Section 84-2105. Organization and Transaction of Business. (a) The Board shall adopt all necessary rules, regulations, and bylaws not inconsistent with this Chapter and the Constitution and laws of this State or of the United States, to govern its times and place of meetings for organization and reorganization, for the holding of examinations, for fixing the length of terms of its officer, and for governing all other matters requisite to the exercise of its powers, the performance of its duties and the transaction of its businesses. The Board shall adopt an official seal.

Page 1053

(b) The Board shall meet at such times as the business of the Board shall require, as the Board, or its chairman, may determine, but shall hold one annual meeting each year at which time the Board shall elect a chairman and a vice chairman. Three members of the Board shall constitute a quorum. An affirmative vote of a majority of the members present shall be necessary to transact business. (c) The Board shall be assigned to the office of the Joint-Secretary, State Examining Boards for those purposes described in Ga. Code Ch. 84-1. (d) 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, 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. Section 84-2106. Powers of Board. In carrying out the provisions of this Chapter, in addition to other powers conferred upon it hereunder, the Board: (a) Shall have the power to adopt and enforce regulations implementing this Chapter including regulations governing the professional conduct of those individuals registered by it; (b) Shall have the power, under the hand of its chairman or his delegate, and the seal of the Board, to subpoena witnesses and compel their attendance, and may also require thereby the production of books, papers, documents and other things relevant to such investigation, in order to investigate conduct subject to regulation by the Board. The chairman, or member of the Board who is his delegate, may administer oaths to witnesses appearing before the Board. The Board may secure the enforcement of its subpoenas in the manner provided by the Georgia Administrative Procedure Act, Ga. L. 1964, p. 338, as now or hereafter amended.

Page 1054

(c) Shall have the power to maintain in its name an action for injunctive or other appropriate legal or equitable relief to remedy violations of this Chapter. In pursuing equitable remedies, it shall not be necessary that the Board allege or prove that it has no adequate remedy at law. Section 84-2107. Cease and Desist Orders; Civil Penalties. (a) After notice and hearing, the Board may issue an order prohibiting any person from violating any of the provisions of Ga. Code section 84-2102. (b) The violation of any order of the Board issued under subsection (a) of this section shall subject the person violating the order to a civil penalty not in excess of $100 for each transaction constituting a violation thereof. The Board may maintain an action in the Superior Courts of this State in its own name to recover such penalties. Section 84-2108. Records. (a) The Board shall keep records of its proceedings. (b) The Board shall in 1977 and each odd-numbered year thereafter prepare and publish a roster containing the names and addresses of all currently registered Professional Engineers and Land Surveyors. A copy of the roster shall be mailed to each person so registered upon request. A copy of this roster shall be available to any person upon request at a fee prescribed by the Board. (c) Except as herein provided, the following shall be treated as confidential and need not be disclosed: (i) Applications, and other personal information submitted by applicants, except to the applicant, the Board and its staff. (ii) Information, favorable or unfavorable, submitted by a reference concerning an applicant, except to the Board and its staff. (iii) The deliberations of the Board with respect to an application, a complaint under section 84-8127, or a disciplinary proceeding under section 84-2126.

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Section 84-2109. Applications. (a) Applications for certificates and for certificates of registration shall be made, under oath, to the Board containing such information in the form and manner as shall be prescribed by the Board. The application shall be accompanied by a fee in an amount prescribed by the Board. (b) No individual shall be eligible for registration under this Chapter who is not of good character and reputation. (c) If the Board denies an application on the ground that the applicant lacks the requisite experience to admit him to the examination, the Board may impose on the applicant a period of deferment on the filing of a new application during which period the Board shall not be required to accept for filing a new application by the applicant. The period of deferment shall not exceed the time reasonably required to acquire the requisite experience. (d) An applicant for registration under sections 84-2111 and 84-2115 of this Chapter (i) must be a resident of and have his principal place of business within this State at the time of application, or (ii) must at the time of application in this State be registered in the State in which he resides or in which he maintains his principal place of business. (e) An application shall contain the names of not less than five persons, not related to the applicant by blood or marriage, of whom at least three shall be Professional Engineers or Land Surveyors having personal knowledge of the experience on which the applicant predicates his qualifications. (f) Experience required under this Chapter shall be of a character and nature approved by the Board consistent with the purposes of this Chapter. Section 84-2110. Engineer-in-Training Certificate. To be eligible for certification as an Engineer-in-Training, an applicant must meet the following minimum requirements:

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(a) (i) Graduate in an engineering curriculum of not less than four years from a school or college approved by the Board; and (ii) Pass a written examination in fundamental engineering subjects (Engineer-in-Training examination); or (b) (i) Graduate in an engineering curriculum of not less than four years or a four or more year in engineering technology or related science curriculum from a school or college approved by the Board; and (ii) Pass a written examination in fundamental engineering subjects (Engineer-in-Training examination); or (c) (i) Acquire not less than eight years of experience in engineering work of a nature satisfactory to the Board; and (ii) Pass a written examination in fundamental engineering subjects (Engineer-in-Training Examination). Section 84-2111. Professional Engineer Certificate of Registration. To be eligible for a certificate of registration as a Professional Engineer, an applicant must meet the following minimum requirements: (a) (i) Obtain certification by the Board as an Engineer-in-Training under subsection (a) of Code section 84-2110; and (ii) Acquire a specific record of not less than four years' experience in engineering work of a character satisfactory to the Board which indicates the applicant is competent to practice professional engineering; and (iii) Subsequently pass a written examination in the principles and practices of engineering (Professional Engineers Examination); or (b) (i) Obtain certification by the Board as an Engineer-in-Training under subsection (b) of Code section 84-2110; and

Page 1057

(ii) Acquire a specific record of not less than seven years' experience in engineering work of a character satisfactory to the Board which indicates the applicant is competent to practice professional engineering; and (iii) Subsequently pass a written examination in the principles and practice of engineering (Professional Engineers Examination); or (c) (i) Obtain certification by the Board as an Engineer-in-Training under subsection (d) of Code section 84-2110; and (ii) Acquire a specific record of not less than seven years' experience in engineering work of a character satisfactory to the Board which indicates the applicant is competent to practice professional engineering; and (iii) Subsequently pass a written examination in the principles and practice of engineering (Professional Engineers' Examination); or (d) (i) Graduate in an engineering or related science curriculum of not less than four academic years; and (ii) Acquire a specific record of not less than sixteen years experience in engineering work, of which at least eight years have been in responsible charge of important engineering work, of a character satisfactory to the Board which indicates the applicant is competent to practice professional engineering; and (iii) Subsequently pass a written examination in the principles and practice of engineering (Professional Engineers' Examination). Section 84-2112. Evaluation of Engineering Experience. For the purpose of determining whether an applicant has acquired the experience required under sections 84-2110 or 84-2111, (a) Responsible charge of engineering teaching may, in

Page 1058

the Board's sole discretion, be considered as responsible charge of engineering work. (b) (i) The satisfactory completion of each academic year of an approved course in engineering or engineering technology in a school or college approved by the Board, without graduation, may be considered as equivalent to a year of engineering experience. (ii) Partial credit may be granted by the Board for the successful completion of one or more scholastic years of a four-year engineering curriculum in a school or college not approved by the Board, or in a curriculum in related science in a school or college approved by the Board. The degree of credit shall be determined by the Board upon consideration of the mathematics, science and engineering courses completed by the applicant. (iii) No applicant shall receive experience credit for more than four years of undergraduate education. (iv) The satisfactory completion of graduate study in an approved engineering curriculum may, in the Board's sole discretion, be credited for not in excess of one year's experience. (c) The execution, as a contractor, of work designed by a Professional Engineer, or the supervision of the construction of such work as foreman, inspector, or superintendent shall not be deemed to be engineering experience, unless such work involves the application of engineering principles and the applicant presents evidence of additional engineering experience of a character satisfactory to the Board and indicating the applicant is competent to be placed in responsible charge of engineering work. Section 84-2113. Professional Engineer's Examination. An applicant for the Professional Engineer examination shall designate the special branch of engineering in which the applicant proposes to engage and the scope of the Professional Engineer examination administered to him shall be prescribed by the Board with respect to that branch of engineering

Page 1059

with special reference to the applicant's ability to design and supervise engineering work so as to ensure the safety of life, health and property. Section 84-2114. Land Surveyor-in-Training Certificate. To be eligible for certification as a Land Surveyor-in-Training, an applicant must meet the following minimum requirements: (a) (i) Earn a bachelor's degree in a curriculum approved by the Board, (a) in which the applicant has acquired a minimum of fifteen (15) quarter hours credit, or its equivalent, in land surveying subjects, or (b) subsequent to which the applicant has acquired a minimum of fifteen (15) quarter hours credit, or its equivalent, in land surveying subjects in a course of study approved by the Board; or (ii) Earn an associate degree, or its equivalent, in a curriculum approved by the Board, (a) in which the applicant has acquired a minimum of fifteen (15) quarter hours credit, or its equivalent, in land surveying subjects, or (b) subsequent to which the applicant acquired a minimum of fifteen (15) quarter hours credit, or its equivalent, in land surveying subjects in a course of study approved by the Board, and (c) acquired not less than two years of combined office and field experience in land surveying of a nature satisfactory to the Board; or (iii) Earn a high school diploma, or its equivalent and, in addition, complete courses of study necessary for land surveying of an amount and character satisfactory to the Board, and acquire not less than six (6) years' experience in land surveying of a nature satisfactory to the Board; and (b) Subsequently pass the Board's written examination in the fundamentals of land surveying (Land Surveyor-in-Training examination). Section 84-2115. Land Surveyor Certificate of Registration. To be eligible for a certificate of registration as a Land Surveyor, an applicant must meet the following minimum requirements:

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(a) (i) Obtain certification as a Land Surveyor-in-Training under subsections (a) (i) and (b) of section 84-2114; and (ii) Acquire a specific record of the equivalent of not less than four years of combined office and field experience in land surveying with a minimum of three years' experience in responsible charge of land surveying projects under the supervision of a registered Land Surveyor, or such other supervision deemed by the Board to be the equivalent thereof; and (iii) Subsequently pass a written examination on the principles and practices of land surveying and the laws of Georgia relating to land surveying (Land Surveyor examination); or (b) (i) Obtain certification as a Land Surveyor-in-Training under subsections (a) (ii) and (b) of section 84-2114; and (ii) Acquire an additional specific record of the equivalent of not less than four years of combined office and field experience in land surveying which, together with the qualifying experience under section 84-2114 (a) (ii), includes not less than four years' experience in responsible charge of land surveying projects under the supervision of a registered Land Surveyor, or such other supervision deemed by the Board to be the equivalent thereof; and (iii) Subsequently pass a written examination on the principles and practices of land surveying and the laws of Georgia relating to land surveying (Land Surveyor examination); or (c) (i) Obtain certification as a Land Surveyor-in-Training under subsections (a) (iii) and (b) of section 82-2114; and (ii) Acquire an additional specific record of not less than four years of experience in land surveying which, together with the qualifying experience under section 84-2114 (a) (iii), includes not less than six years' experience in responsible

Page 1061

charge of land surveying under the supervision of a registered Land Surveyor or such other supervision deemed by the Board to be the equivalent thereof; and of a grade and character satisfactory to the Board indicating that the applicant is competent to practice land surveying; and (iii) Subsequently pass a written examination on the principles and practices of land surveying and laws of Georgia relating to land surveying (Land Surveyor examination). (d) Through June 30, 1981, an applicant may concurrently seek certification as a Land Surveyor-in-Training and a certificate of registration as a Land Surveyor. Beginning July 1, 1981, an applicant for a certificate of registration as a Land Surveyor (i) must hold certification as a Land Surveyor-in-Training and (ii) must have acquired the additional qualifying experience under this section, subsequent to obtaining certification as a Land Surveyor-in-Training. (e) An applicant who has acquired a minimum of six (6) years' education and experience in land surveying of a character satisfactory to the Board and submits proper application before July 1, 1978, may be admitted to examination concurrently for Land Surveyor-in-Training and Land Surveyor. Section 84-2116. Examinations.- (a) Regularly scheduled examinations in each category shall be held at least annually on such dates and at such times as the Board shall determine. The date and time of each such examination shall be determined by the Board at least sixty days prior to the date thereof. Upon determining such date and time, the Board shall immediately give notice thereof by filing such date and time with the Joint-Secretary of the State Examining Boards. (b) Board approval of an applicant for examination entitles the applicant to admission to the next four consecutive examination offerings without reapplication. Following the first offering to which the applicant is entitled to admission, the applicant shall not be admitted to any of the succeeding three examination offerings, except upon payment

Page 1062

of a fee for each examination to be determined by the Board. Admission to any future examinations will be at the discretion of the Board which may require the applicant to file a new application. An examination offering occurs regardless of whether the applicant attends. (c) The Board shall determine the scope, form and content of the written examinations provided for under this Chapter. Section 84-2117. Comity. (a) Registration by comityProfessional Engineer. The Board may in its discretion, upon application therefor and the payment of a fee prescribed by the Board, issue a certificate of registration as a Professional Engineer to any individual who holds a certificate of qualification or registration issued to him by proper authority of the National Council of Engineering Examiners, or of any state or territory or possession of the United States (i) if the requirements of the registration of Professional Engineers under which the certificate of qualification or registration was issued do not conflict with the provisions of this Chapter and are of a standard not lower than that specified in this Chapter, or (ii) the applicant held such certificate on or before July 1, 1956. (b) Registration by comityLand Surveyor. The Board may, in its discretion, upon application therefor and the payment of a fee prescribed by the Board, issue a certificate of registration as a Land Surveyor to any person who holds a certificate of registration to practice land surveying issued by a state, territory or possession of the United States obtained (i) by written examination of not less than eight hours in duration prior to July 1, 1968; or (ii) by written examination of not less than sixteen hours prior to July 1, 1978; or (iii) under qualifications comparable to those prescribed by this Chapter; and

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in addition passes a written examination on the laws of Georgia relating to land surveying (Land Surveyor examination). Section 84-2118. Issuance and Renewal of Certificates and Certificates of Registration. (a) Certificates and certificates of registration shall be issued to applicants who successfully complete the respective requirements therefor upon the payment of fees prescribed by the Board. (b) Certificates of registration shall expire December 31, 1976, and each even-numbered year thereafter, unless renewed. Renewal may be effected for the succeeding two years by the payment of the fee prescribed by the Board. Certificates of registration may be renewed subsequent to its expiration upon the payment of accumulated unpaid fees and of a penalty in an amount to be determined by the Board. A certificate of registration which has been expired for a period of greater than four years shall be automatically revoked. (c) The Joint-Secretary of the State Examining Board shall give notice by mail to each person holding a certificate of registration under this Chapter of the date of the expiration of the certificate of registration and the amount of the fee required for renewal at least one month prior to the expiration date but the failure to receive such notice shall not avoid the expiration of any certificate of registration not renewed in accordance herewith. Section 84-2119. Fees. The fees prescribed by the Board under authority of this Chapter shall be reasonably calculated to cover the cost to the State of the administration of this Chapter and shall be remitted to the State treasury. Section 84-2120. Certificate of Registration. (a) In case of a registered Professional Engineer, the certificate of registration shall authorize the practice of professional engineering. In the case of a registered Land Surveyor, the certificate of registration shall authorize the practice of land surveying. A certificate of registration shall show the full name of the registrant, shall have a serial number, and

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shall be signed by the Chairman of the Board and the Joint-Secretary under the seal of the Board. (b) The issuance of a certificate of registration by the Board shall be evidence that the person named therein is entitled to all the rights and privileges of a registered Professional Engineer, or a registered Land Surveyor, as the case may be, as long as the certificate remains unrevoked, unexpired, or unaffected by other discipline imposed by the Board. Section 84-2121. Seals; Requirements. (a) Each registrant hereunder shall, upon receipt of a certificate of registration, obtain a seal of the design authorized by the Board, bearing the registrant's name, certificate number and the legend, `Registered Professional Engineer,' or `Registered Land Surveyor,' in accordance with the certificate of registration. (b) Plans, specifications, plats, and reports issued by a registrant shall be stamped or sealed and countersigned by the registrant; but it shall be unlawful for the registrant or any other person to stamp or seal any document with said seal after the certificate of the registrant named thereon has expired, or has been revoked, or during the period of any suspension imposed by the Board. No plans, specifications, plats or reports shall be stamped with the seal of a registrant unless (i) such registrant has personally performed the engineering or land surveying work involved, or (ii) when the registrant has not personally performed the engineering or land surveying work reflected in any plan, specification, plat or report, such registrant has affixed his seal thereto only after he has reviewed the work embodied in such plan, specification, plat, or report and has satisfied himself completely that such work is accurate. No registrant shall affix his seal to any plan, specification, plat or report unless he has assumed the responsibility for the accuracy of the work involved. Any registrant who has affixed his seal to any plan, specification, plat, or report prepared by another without having first reviewed the same, shall be deemed to have committed a fraudulent act of misconduct in the practice of professional engineering or land surveying.

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Section 84-2122. Temporary Permit. (a) The Board, or its delegate, in its sole discretion may issue a temporary permit to a person not a resident of and having no established place of business in this State, or who has recently become a resident thereof, to permit him, in accordance with the conditions of the temporary permit to practice or offer to practice in this State engineering or land surveying if (i) an application for a certificate of registration has been filed with the Board and the fee required by this Chapter has been paid (ii) is legally qualified to practice said profession in the State or country of the applicant's residence or former residence, and (iii) the requirements and qualifications for obtaining a certificate of registration in that jurisdiction are not lower than those specified in this Chapter. An application under this subsection (a) shall be made to the Board in writing containing such information and in the form and manner as shall be prescribed by the Board. The temporary permit shall continue only for such time as the Board requires for the consideration of the application for registration. The temporary permit shall contain such conditions with respect to the scope of the permission granted as the Board deems necessary or desirable. (b) Plans, specifications, plats and reports issued by a person holding a temporary permit shall bear his signature and a stamp containing his name, business address, and `Georgia Professional Engineer Temporary Permit No......' or `Georgia Land Surveyor Temporary Permit No......,' in accordance with the permit. The signature and stamp shall be affixed only in accordance with the requirements of section 84-2121 (b). (c) A person who has obtained a temporary permit and practices in accordance therewith is deemed a Professional Engineer or Land Surveyor for purposes of this Chapter but a temporary permit shall not be deemed a registration thereunder, including by way of illustration and not limitation Code section 84-2123. Section 84-2123. Corporate Practice. (a) A firm, corporation, copartnership or an association may engage in the practice of professional engineering or land surveying in this

Page 1066

State, provided such practice is carried on under the direction of Professional Engineers or Land Surveyors, respectively, who are full-time principals, officers, or employees of said firm, corporation, copartnership or association, and who are registered in this State. (b) A professional corporation organized under the Georgia Professional Corporation Act, may engage in the practice of professional engineering or land surveying in this State. Section 84-2124. Safeguarding of Life, Health and Property. It shall be unlawful for this State or any of its political subdivisions such as a county, city, town, township or school district, or agencies thereof, or for any private or commercial entity to engage in the construction of any work or structures involving professional engineering, which by the nature of their function or existence could adversely affect or jeopardize the health, safety or welfare of the public, unless the plans and specifications have been prepared under the direct supervision or review of, and bear the seal of, and the construction is executed under the direct supervision of or review by, a registered Professional Engineer or Architect; provided that nothing in this section shall be held to apply to any construction including alterations of which the completed cost is less than one hundred thousand dollars ($100,000.00), or which is used exclusively for private or noncommercial purposes, or to private residences, or to noncommercial farm buildings, or to residence buildings not exceeding two stories in height, excluding basements. Section 84-2125. Exemptions. (a) Nothing in this Chapter shall be construed as excluding a qualified Architect registered in Georgia from such engineering practice as may be incident to the practice of his profession; or as excluding a Professional Engineer from such architectural practice as may be incident to the practice of professional engineering. (b) The following persons shall be exempt from the provisions of this Chapter:

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(1) A person working as an employee or a subordinate of a person holding a certificate of registration under this Chapter, or an employee of a person practicing lawfully under Ga. Code section 84-2122, provided such work does not include final design decisions and is done under the supervision of and responsibility therefor is assumed by, a person holding a certificate of registration under this Chapter or a person practicing lawfully under section 84-2122. (2) Officers and employees of the government of the United States while engaged within this State in the practice of professional engineering or land surveying for said government. (3) All elective officers of the political subdivision of the State while in the practice of professional engineering or land surveying in the performance of their official duties. (4) Officers and employees of the Department of Transportation, except as required by the Georgia Code of Public Transportation, while engaged within this State in the practice of professional engineering or land surveying for said Department. (c) This Chapter shall not be construed as requiring registration for the purpose of practicing professional engineering or land surveying by an individual, firm or corporation on property owned or leased by said individual, firm, or corporation unless the same involves the public safety or public health; or for the performance of engineering which relates solely to the design or fabrication of manufactured products. (d) This Chapter shall not be construed to prevent or affect the practice of professional engineering and land surveying with respect to utility facilities by any public utility subject to regulation by the Georgia Public Service Commission, Federal Communications Commission, Federal Power Commission, or like regulatory agencies, including its parents, affiliates, or subsidiaries; or by the officers and full-time permanent employees of any such public utility including its parents, affiliates, or subsidiaries, except where

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such practice involves property lines of adjoining property owners; provided that this exception does not extend to any Professional Engineer or Land Surveyor engaged in the practice of professional engineering or land surveying whose compensation is based in whole or in part on a fee, or to any engineering services performed by the above referenced utility companies not directly connected with work on their facilities. (e) This Chapter shall not be construed to affect the lawful practice of a person acting within the scope of a license granted by the State under any other law. Section 84-2126. Discipline. The Board shall have the power, after notice and hearing, to deny any application made to it, to revoke or suspend any certificate or certificate of registration issued by it, or to reprimand any person holding a certificate or certificate of registration issued by it, upon the following grounds: (a) Commission of any fraud or deceit in obtaining a certificate or certificate of registration. (b) Any gross negligence, incompetence, or unprofessional conduct in the practice of professional engineering or land surveying as a registered Professional Engineer or Land Surveyor. (c) Affixing a seal of any plan, specification, plat or report contrary to the provisions of section 84-2121. (d) Conviction of a felony or crime involving moral turpitude in the courts of this State, the United States, or of any state or territory of the United States or the conviction of an offense in another jurisdiction which, if committed in this State, would be deemed a felony. `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.

Page 1069

(e) Any violation of the provisions of this Chapter or any rule or regulation promulgated by the Board pursuant to the powers conferred on it by this Chapter. `Unprofessional conduct' as referred to in subsection (b) of this section, includes a violation of those standards of professional conduct for Professional Engineers and Land Surveyors adopted by the Board pursuant to the power conferred upon it to promulgate rules and regulations to effectuate the duties and powers conferred on it by this Chapter. Section 84-2127. Complaints. (a) Any person may prefer charges of fraud, deceit, gross negligence, incompetency or unprofessional conduct against any person holding a certificate or certificate of registration. Such charges shall be in writing and shall be sworn to by the person making them and shall be filed with the Board. (b) All such charges, unless dismissed by the Board as unfounded, or trivial, shall be acted upon by the Board. Section 84-2128. Reissuance of Certificates and Certificates of Registration. (a) The Board, in its sole discretion, may reissue a certificate or a certificate of registration to any person whose certificate or certificate of registration has been revoked, or terminate any suspension imposed by it, upon the affirmative vote of three or more members of the Board and upon the payment of a fee prescribed by the Board. (b) A new certificate or certificate of registration to replace any certificate lost, destroyed, or mutilated may be issued subject to the rules of the Board, upon the payment of a fee prescribed by the Board. Section 84-2129. Enforcement. (a) It shall be the duty of all duly constituted law enforcement officers of this State, and of the political subdivisions of this State, to enforce the provisions of this Chapter and to prosecute any person violating same.

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(b) The Attorney General of the State, or his designated assistant, shall act as legal adviser of the Board and render such legal assistance as may be necessary in carrying out the provisions of this Chapter. Section 84-2130. Administrative Procedure. The Board shall exercise the powers and duties conferred upon it in accordance with the Georgia Administrative Procedure Act, Ga. L. 1964, p. 338, as now or hereafter amended. Section 84-2131. Violations. (a) Any person who shall violate the provisions of Code section 84-2102 shall be guilty of a misdemeanor. (b) Any person presenting or attempting to use as his own the certificate of registration or the seal of another obtained under this Chapter shall be guilty of a misdemeanor. (c) Any person who shall give any false or forged evidence of any kind to the Board or to any member thereof in obtaining a certificate or certificate of registration shall be guilty of a misdemeanor. (d) Any person who shall falsely impersonate any other registrant, or any person who shall attempt to use an expired or revoked certificate of registration shall be guilty of a misdemeanor. (e) Each day or occurrence shall be considered a separate offense. Section 2. (a) An Act providing for the regulation of professional engineering and land surveying, entitled An Act to repeal in its entirety an Act approved March 31, 1937 (Acts 1937, pp. 294-310), entitled `An Act to regulate the practice of all branches of professional engineering, including that branch of engineering commonly known as surveying; creating a State Board of Registration for Professional Engineers and Land Surveyors; defining its powers and duties, etc.' , approved March 8, 1945 (Ga. L. 1945, p. 294), as amended, particularly by an Act approved March

Page 1071

9, 1955 (Ga. L. 1955, p. 611); an Act approved March 9, 1956 (Ga. L. 1956, p. 679); an Act approved March 25, 1958 (Ga. L. 1958, p. 358); an Act approved April 9, 1963 (Ga. L. 1963, p. 425); and an Act approved March 16, 1972 (Ga. L. 1972, p. 222), is hereby repealed in its entirety. (b) This Act shall not be construed to revive any law heretofore repealed or superseded. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1975. BLOOD DONOR'S AGE LOWERED. No. 606 (Senate Bill No. 76). An Act to amend an Act providing that a person eighteen years of age or over may donate his blood, approved March 4, 1970 (Ga. L. 1970, p. 150), so as to change the age required for making such donation; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing that a person eighteen years of age or over may donate his blood, approved March 4, 1970 (Ga. L. 1970, p. 150), is hereby amended by striking from section 1 the word eighteen wherever the same appears and inserting in lieu thereof the word seventeen, so that when so amended section 1 shall read as follows: Section 1. Any person who is a resident of this State and who is seventeen years of age or over may donate his or her blood to any person, firm, association, organization, public or private agency, or corporation without the consent of the parent or parents or guardian of such person. Any person who is not a resident of this State and who is seventeen years of age or over may donate his or her blood to any

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person, firm, association, organization, public or private agency, or corporation in this State without the consent of the parent or parents or guardian of such person when the laws of the State wherein such person resides permit the donation of blood at such age. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1975. CERTAIN ADVERTISEMENTS OF GAMBLING PROHIBITED, ETC. Code Chapter 26-27 Amended. No. 607 (Senate Bill No. 291). An Act to amend Code Chapter 26-27, relating to gambling and related offenses, as amended, so as to provide that it shall be unlawful for any person, partnership, firm, corporation or other entity to sell, distribute, televise, broadcast or disseminate any advertisement, television or radio commercial, or any book, magazine, periodical, newspaper, or other written or printed matter containing an advertisement or solicitation for participation in any lottery declared to be unlawful by the laws of this State unless such advertisement, commercial or solicitation contains or includes the words void in Georgia printed or spoken so as to be clearly legible or audible to persons viewing or hearing such advertisement, commercial or solicitation; to provide for penalties; to amend Code section 26-2701, relating to definitions with respect to gambling and related offenses, so as to change the provisions relating to the definition of a lottery; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 26-27, relating to gambling and related offenses, as amended, is hereby amended by adding,

Page 1073

following Code section 26-2705, a new Code section 26-2705.1, to read as follows: 26-2705.1. Advertisements; contents. It shall be unlawful for any person, partnership, firm, corporation or other entity to sell, distribute, televise, broadcast or disseminate any advertisement, television or radio commercial, or any book, magazine, periodical, newspaper, or other written or printed matter containing an advertisement or solicitation for participation in any lottery declared to be unlawful by the laws of this State unless such advertisement, commercial or solicitation contains or includes the words void in Georgia printed or spoken so as to be clearly legible or audible to persons viewing or hearing such advertisement, commercial or solicitation. Any person, partnership, firm, corporation or other entity violating the provisions of this section shall be guilty of a misdemeanor and, upon conviction, shall be punished as for a misdemeanor. Section 2. Code section 26-2701, relating to definitions with respect to gambling and related offenses, is hereby amended by adding at the end of subsection (d) the following: A lottery shall not mean a scheme whereby a business gives away prices to persons selected by lot, if such prizes are made on the following conditions: (1) such prizes are conducted as advertising and promotional undertakings, in good faith, solely for the purpose of advertising the goods, wares and merchandise of such business; and (2) no person to be eligible to receive such prize shall be required to: (i) pay any tangible consideration to the operator of such business in the form of money or other property or thing of value, or (ii) purchase any goods, wares, merchandise or anything of value from such business, or

Page 1074

(iii) be present to win such prizes., so that when so amended, subsection (d) shall read as follows: (d) `Lottery'. A lottery is any scheme or procedure whereby one or more prizes are distributed by chance among persons who have paid or promised consideration for a chance to win such prize, whether such scheme or procedure is called a pool, lottery, raffle, gift, gift enterprise, sale or policy game, or by some other name. A lottery shall not mean a scheme whereby a business gives away prizes to persons selected by lot, if such prizes are made on the following conditions: (1) such prizes are conducted as advertising and promotional undertakings, in good faith, solely for the purpose of advertising the goods, wares and merchandise of such business; and (2) no person to be eligible to receive such prize shall be required to: (i) pay any tangible consideration to the operator of such business in the form of money or other property or thing of value, or (ii) purchase any goods, wares, merchandise or anything of value from such business, or (iii) be present to win such prizes. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1975. CERTIFICATION OF WATER AND WASTEWATER TREATMENT PLANT OPERATORS ACT AMENDED. No. 608 (Senate Bill No. 308). An Act to amend an Act known as the Certification of Water and Wastewater Treatment Plan Operators Act,

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approved April 8, 1969 (Ga. L. 1969, p. 272), so as to change the membership of the State Board of Examiners for Certified Water and Wastewater Treatment Plant Operators to reflect the reorganization of the Georgia Department of Public Health and the Georgia Water Quality Control Board; to prohibit operation of water or wastewater treatment plants by persons not holding certificates duly issued by the State Board of Examiners for Certified Water and Wastewater Treatment Plant Operators; to authorize said Board to adopt and promulgate rules under this Act; to authorize said Board to enforce the provisions of said Act and the rules and regulations promulgated pursuant to said Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Certification of Water and Wastewater Treatment Plant Operators Act, approved April 8, 1969 (Ga. L. 1969, p. 272), is hereby amended by striking the first paragraph of section 3 of the Act, which reads: Section 3. Board of Examiners.There is hereby created a Board to be known as the State Board of Examiners for Certified Water and Wastewater Treatment Plant Operators, hereinafter referred to as the Board. Said Board shall be composed of five members to be appointed by the Governor. The appointments shall be made as follows: One member from the Georgia Department of Public Health, one from the technical staff of the Georgia Water Quality Control Board, one member who is a currently employed public water supply system operator holding a valid certificate of the highest classification issued by the Board (on the initial appointment, this member must obtain the certificate at the earliest possible time), one member who is a currently employed wastewater treatment plant operator holding a valid certificate of the highest classification issued by the Board (on the initial appointment, this member must obtain the certificate at the earliest possible time) and one member who is an employee of a municipality or county required to employ a certified operator and who holds the position of

Page 1076

city or county manager, engineer, director of public works of equivalent., in its entirety and substituting in lieu thereof a new paragraph to read as follows: Section 3. Board of Examiners. There is hereby created a Board to be known as the State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators, hereinafter referred to as the `Board'. Said Board shall be composed of five members to be appointed by the Governor. The appointments shall be made as follows: One member from technical staff of the Environmental Protection Division of the Department of Natural Resources, one member who is a currently employed public water supply system operator holding a valid certificate of the highest classification issued by the Board, one member who is a currently employed wastewater treatment plant operator holding a valid certificate of the highest classification issued by the Board, one member who is an employee of a municipality or county required to employ a certified operator and who holds the position of city or county manager, engineer, director of public works, or director of water supply and water pollution control and one member who is either a consultant in the field of water supply and water pollution control or who is engaged in teaching or administering courses in water supply and water pollution control in an educational institution in the State of Georgia. Section 2. Said Act is further amended by striking subsection (a) of section 6, which reads as follows: (a) Any person desiring to be certified as a `Certified Water or Wastewater Treatment Plant Operator' shall make application to the Board, which application shall be accompanied by a fee of fifteen dollars ($15). No additional examination fee shall be required., in its entirety and by substituting in lieu thereof a new subsection (a) to read as follows: (a) Any person operating a water or wastewater treatment

Page 1077

plant shall obtain a certificate from the Board. Such person shall make application to the Board for such certificate, which application shall be accompanied by a fee of fifteen dollars ($15). No additional examination fee shall be required. Section 3. Said Act is further amended by deleting the final sentence of section 10, which sentence reads as follows: All rules and regulations shall be promulgated jointly by the Board and the State Board of Health and the Georgia Water Quality Control Board., so that, as amended, section 10 will read as follows: Section 10. Adoption of Regulations. The Board shall have the authority to adopt such rules and regulations as may be necessary to administer this Act and effectuate the purposes expressed herein. The rules and regulations shall include, but are not limited to, provisions establishing qualifications of applicants and procedures for examination of candidates. Section 4. Said Act is further amended by deleting section 11 of that Act, relating to the revocation of the Operators Certificate, in its entirety and inserting in lieu thereof a new section 11 to read as follows: Section 11. Revocation or Suspension of Certificate. The Board may investigate the actions of any operator and may revoke or suspend the certificate of an operator, following a hearing conducted in accordance with the Georgia Administrative Procedure Act, Ga. Code Ch. 3A-1, when it is found that the operator has practiced fraud or deception; that reasonable care, judgment, or the application of his knowledge or ability was not used in the performance of his duties, or that the operator is incompetent or unable properly to perform his duties. All investigations shall be made by an investigator assigned to the Board by the Joint Secretary, State Examining Boards, or through the other facilities available through the Joint Secretary.

Page 1078

Any person aggrieved by any order of the Board denying, suspending or revoking any certificate as provided for herein shall have a right of appeal to the Superior Court of the county in which the office of the Joint Secretary is maintained, and service upon the Board. Section 5. Said Act is further amended by deleting in its entirety section 13 thereof and inserting in lieu thereof a new section 13 to read as follows: Section 13. Prohibited Acts; Enforcement. (a) It shall be unlawful for any person to perform the duties of an operator without being duly certified under the provisions of this Act. (b) It shall be unlawful for any water or wastewater treatment plant to be operated in Georgia by a person or persons not certified under the provisions of this Act. (c) The Board may bring a civil action to enjoin, or otherwise abate any violation of any provision of this Act, or any rule, regulation or order promulgated by the Board under this Act. In order to avail itself of the remedies provided for herein, it shall not be necessary for the Board to allege or prove the absence of an adequate remedy at law. (d) Any person violating any provision of this Act or any rule or regulation adopted and promulgated hereunder or failing, neglecting or refusing to comply with any lawfully issued final order of the State Board of Examiners for Certified Water and Wastewater Treatment Plan Operators, shall be guilty of a misdemeanor, and upon conviction, be liable to punishment therefor as provided by law. Section 6. Provided that, notwithstanding any other provisions of this Act, any State agency which operates and maintains facilities contemplated by this Act shall be required to have a minimum of one licensed operator in each departmental district. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1975.

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COUNTY GRANTS FOR ROADS PURPOSES AUTHORIZED, ETC. No. 610 (House Bill No. 1). An Act to provide, from State appropriations, funds as grants to counties for county roads and maintenance; to provide that such funds shall be used as a credit on certain ad valorem taxes on tangible properties; to provide the procedures connected therewith; to provide an effective date; to repeal an Act to provide, from State appropriations, funds as grants to counties for county roads and maintenance, approved April 13, 1973 (Ga. L. 1973, p. 475); to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Pursuant to the authority granted the General Assembly in Article VII, Section IX, Paragraph I(c) of the Constitution of Georgia (Ga. Code Ann. Sec. 2-6201(c)) and in order to provide for a more effective management and fiscal administration of the State and pursuant to Article VII, Section IX, Paragraph IV(b) of the Constitution of Georgia (Ga. Code Ann. Sec. 2-6204(b)), in order to provide funds to counties to aid in the construction and maintenance of county roads, and in addition to funds provided pursuant to other laws, there may be allotted to each county annually for county road construction and maintenance certain grants as provided in sections 2 and 3 of this Act. Section 2. (a) In any year in which the General Assembly shall appropriate by line item, and with reference to this section of this Act, funds necessary to provide grants to counties to aid in the construction and maintenance of county roads, such grants shall be allotted to each county pro rata according to each county's share of the total number of homesteads in the State for the immediately preceding year. For purposes of this Act, homestead shall mean and include all that tangible property upon which an ad valorem property tax homestead exemption was claimed and allowed.

Page 1080

(b) In order to provide better fiscal management, the funds provided pursuant to this section are intended to be utilized for the relief of ad valorem taxation on tangible property and no county shall be entitled to receive any of the funds provided for in this section unless and until a credit against county ad valorem property taxes (levied and expended by the county governing authority) shall be granted by the governing authority of the county to each homestead located within the county. Each such credit shall equal an amount computed as follows: the amount of the grant allotted, pursuant to this section, to the county to aid in the construction and maintenance of county roads, divided by the number of homesteads in the county. (c) No credit granted pursuant to this section shall exceed one-half of the credit recipient's total tax liability for county ad valorem property taxes (levied and expended by the county governing authority). (d) If there remains a surplus from the funds allotted to such county by the provisions of this section after complying with the provisions of this section, such remaining funds shall be deemed appropriated and allotted to the county under section 3 of this Act. Section 3. (a) In any year in which the General Assembly shall appropriate by line item, and with reference to this section of this Act, funds necessary to provide grants to counties to aid in the construction and maintenance of county roads, such grants shall be allotted to each county pro rata according to each county's share of the total number of homesteads in the State for the immediately preceding year. (b) In order to provide better fiscal management, the funds provided pursuant to this section are intended to be utilized for the relief of ad valorem taxation on tangible property and no county shall be entitled to receive any of the funds provided for in this section unless and until a credit against county ad valorem property taxes (levied and expended by the county governing authority) shall be granted by the governing authority of the county to all eligible tangible property, as herein defined, except motor vehicles

Page 1081

and trailers, located within the county. Each such credit shall equal an amount computed as follows: a pro rata share of the sum of the grant allotted, pursuant to this section, to the county to aid in the construction and maintenance of county roads, and, the surplus, if any, from the funds allotted to such county by the provisions of section 2(a) of this Act, after compliance by the county with the provisions of section 2(b) of this Act. (c) Eligible tangible property shall be all tangible property except that tangible property required to be returned to and assessed by the State Revenue Commissioner pursuant to statutes passed by the General Assembly under the authority of Article VII, Section II, Paragraph IV of the Constitution of Georgia. Section 4. (a) No credit, or combination of credits, granted pursuant to this Act shall exceed the lesser of: (1) One Thousand Dollars ($1,000), or, (2) the credit recipient's total tax liability for county ad valorem property taxes (levied and expanded by the county governing authority). No credit authorized by this Act shall be granted unless the taxpayer shall claim his entitlement to such credit and certify that the sum of all such credits so claimed by him does not exceed $1,000. The State Revenue Commissioner shall provide by regulation for the forms and procedures by which taxpayers shall claim credits and certify the sum thereof, and the governing authorities of the various counties shall make available to the taxing authorities of such counties funds sufficient to defray the administrative costs of this Act. Any person who, with intent to receive credit not authorized by this Act, shall claim a credit to which he is not lawfully entitled or shall falsely certify the sum of credits claimed by him shall, upon conviction, be punished as for a misdemeanor. Any credit erroneously or illegally granted, whether due to negligence or any other cause, shall be recoverable by the county granting such credit in the same fashion as any other delinquent property tax. (b) No credit authorized under this Act shall be granted to any taxpayer unless such taxpayer pays his then current tax liability for county ad valorem property taxes

Page 1082

(levied and expended by the county governing authority) on or before the date such liability shall become due. Provided, however, that the governing authority of any county can by appropriate resolution extend the date that such tax liability shall become due, in order to comply with section 4 (b) of this Act. Section 5. The taxing authority of each county receiving funds pursuant hereto shall show in a prominent manner on the tax bill of each ad valorem taxpayer the dollar amount of credit against ad valorem property taxes which said taxpayer is receiving as a result of the funds herein allocated and shall show that such credit is a result of the passage of this Act by the General Assembly of Georgia. Each such tax bill shall also show in a prominent manner the amount of any surplus, from the funds allotted to the county by this Act, after compliance by the county with the provisions of section 2(b) and section 3(b) of this Act, retained by the governing authority of such county. The form of such notice shall be as prescribed by the State Revenue Commissioner, who shall determine and certify to the appropriate State fiscal officer the amount of funds to which each county is entitled pursuant to this Act. The determination of the State Revenue Commissioner shall be final and the appropriate State fiscal officer shall disburse the funds pursuant to such certification. Section 6. It shall be the duty of the State Revenue Commissioner to administer the provisions of this Act and the Commissioner shall have the authority to promulgate such rules and regulations as he may deem necessary to the effective administration of the provisions of this Act. Section 7. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause 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

Page 1083

remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 9. An Act to provide, from State appropriations funds as grants to counties for county roads and maintenance, approved April 13, 1973 (Ga. L. 1973, p. 475), is hereby repealed in its entirety. Section 10. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1975. REVENUEPROVISION MADE FOR INCLUSION OF CERTAIN INFORMATION ON COUNTY AND MUNICIPAL TAX NOTICES, ETC. Code Title 92 Amended. No. 611 (House Bill No. 564). An Act to amend Code Title 92, relating to public revenue, as amended, so as to require certain information to be included on notices of taxes due and notices of assessments sent to taxpayers of counties and municipalities; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Title 92, relating to public revenue, as amended, is hereby amended by adding a new paragraph at the end of Code section 92-5703, relating to levy of ad valorem taxes, to read as follows:

Page 1084

The notice of ad valorem taxes due sent to taxpayers of counties and municipalities shall include thereon both the returned value of the property of the taxpayer subject to taxation and the assessed value thereof after being reduced as provided by this Code section., so that when so amended Code section 92-5703 shall read as follows: 92-5703. Tax to be levied by whom. All tangible property subject to taxation by the State, any county, or any other taxing jurisdiction shall be returned by the taxpayers as provided by law at its fair market value, and shall be assessed at forty percent (40%) of said fair market value and taxed according to said forty percent (40%) of its fair market value on a levy made by each respective taxing jurisdiction. The levy for State taxation shall be made by the Governor with the assistance of the State Revenue Commissioner. It is the intent and purpose of the General Assembly of this State that the value of tangible property as referred to in the tax laws of this State shall be forty percent (40%) of the fair market value of such property. The requirement contained herein that all municipal corporations assess at forty percent (40%) of fair market value shall not apply to any municipal corporation whose ratio of assessed value to fair market value exceed forty percent (40%) for the tax year 1971, provided, however, that any municipal corporation so exempted shall in no event assess at a ratio less than forty percent (40%). The notice of ad valorem taxes due sent to taxpayers of counties and municipalities shall include thereon both the returned value of the property of the taxpayer subject to taxation and the assessed value thereof after being reduced as provided by this Code section. Section 2. Said Code Title is further amended by inserting in subsection (b) of Code section 92-6911, relating to duties of county boards of tax assessors, after the words property classifications, the following:

Page 1085

, the returned value of property of the taxpayer subject to taxation and the assessed value thereof after being reduced,, so that when so amended subsection (b) of Code section 92-6911 shall 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, the returned value of property of the taxpayer subject to taxation and the assessed value thereof after being reduced, and a reference to the applicable time period for residents and nonresidents in which an appeal may be demanded. Section 3. This Act shall become effective on January 1, 1976, and shall apply to the tax year beginning on January 1, 1976, and all succeeding years. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1975. REVENUECERTAIN COUNTIESINSTALLMENT DATE CHANGED, (350,000-600,000). Code 92-6402 Amended. No. 612 (House Bill No. 739). An Act to amend Code section 92-6402, relating to the payment of county taxes, as amended, particularly by an Act

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approved March 2, 1966 (Ga. L. 1966, p. 105), so as to change the installment dates in certain counties for the payment of such taxes and a penalty for nonpayment of installments when due so as to strike the ten percent (10%) penalty on delinquent installments; to provide that the first installment shall be due on July 1 and shall become delinquent if not paid by August 15, and the second installment shall be due October 1 and shall become delinquent if not paid by November 15 and all installments not paid before the delinquent date shall bear a penalty not to exceed five percent (5%) until paid; to change the rate of interest on late payments and minimum interest payments; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 92-6402, relating to the payment of county taxes, as amended, particularly by an Act approved March 2, 1966 (Ga. L. 1966, p. 105), is hereby amended by striking from said amendatory Act of 1966 the following paragraph: In counties having a population of 250,000 and not more than 500,000, according to the 1960 United States Census and any future such census, the taxes shall become due in two installments, one-half of the taxes shall be due and payable on the 1st day of July of each year and shall become delinquent if not paid by the 15th day of August in each year, the remaining one-half of such taxes shall be due and payable on the 1st day of October of each year and shall become delinquent if not paid by the 15th day of November of each year; a penalty of one-half of one percent ( of 1%) per month or fraction thereof during which any installment remains unpaid after it is due not to exceed five percent (5%) shall accrue and be added to each installment that is not paid before same becomes delinquent; all taxes and penalties remaining unpaid on December 20th of each year shall bear interest at the rate of seven percent (7%) per annum from said date and the tax collectors shall issue executions therefor against each delinquent taxpayer in their respective counties.,

Page 1087

and inserting in lieu thereof a new paragraph to read as follows: In counties having a population of 350,000 and not more than 600,000, according to the 1970 United States Census and any future such census, the taxes shall become due in two equal installments, one-half of the taxes shall be due and payable on the 1st day of July of each year and shall become delinquent if not paid by the 15th day of August in each year, the remaining one-half of such taxes shall be due and payable on the 1st day of October of each year and shall become delinquent if not paid by the 15th day of November of each year; a penalty of five percent (5%) during which any installment remains unpaid after it is due not to exceed five percent (5%) shall accrue and be added to each installment that is not paid before same becomes delinquent; intangible taxes in one installment shall be due and payable on the 1st day of October of each year and shall become delinquent if not paid by the 31st day of December; a penalty of five percent (5%) during which the installment for intangible taxes remains unpaid after it is due not to exceed five percent (5%) shall accrue and be added to the said installment that is not paid before the same becomes delinquent; all taxes remaining unpaid as of the close of business of December 31 of each year shall bear interest at the rate of nine percent (9%) per annum and provides in addition thereto for a minimum interest payment of one dollar ($1.00), from said date and the tax collectors shall issue executions therefor against each delinquent taxpayer in their respective counties. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced into the Janury 1975 Session of the General Assembly of the

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State of Georgia a Bill to amend Ga. L. 1964, p. 328, as further amended by Ga. L. 1966, p. 105, so as to provide for the payment of ad valorem taxes in installments on certain dates and to allow the Tax Commissioner to impose penalties upon taxes unpaid after certain dates; to repeal conflicting laws; and for other purposes. This 3rd day of December, 1974. Carl V. Kirsch Assistant County Attorney, DeKalb County, Georgia. Georgia, DeKalb County. Personally appeared before the undersigned, a notary public within and for said county and State, Gerald W. Crane, publisher of the Decatur-DeKalb News, a newspaper published at Decatur, county of DeKalb, State of Georgia, who, being duly sworn, states on oath that the report of Notice of Intention to Introduce Local Legislation, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 9, 16 23 day of January, 1975. /s/ Gerald W. Crane Publisher /s/ Betty M. Branch Agent Sworn to and subscribed before me, this 23rd day of January, 1975. /s/ Betty M. Branch Notary Public My commission expires October 18th, 1977. (Seal). Approved April 24, 1975.

Page 1089

PUBLIC OFFICERSBONDSINDEMNIFICATION PROVISIONS CHANGED. Code 89-418 Amended. No. 614 (House Bill No. 868). An Act to amend Code section 89-418, which provides conditions of liability of public official bonds, so as to provide that no claim or cause of action shall exist on the bond, against the principal or surety and to provide that the surety shall have no claim or cause of action for indemnification from the principal, except under specified conditions; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 89-418, which provides conditions of liability under public official bonds, is hereby amended by deleting said section in its entirety and substituting therefor a new Code section 89-418, to read as follows: 89-418. (291) Conditions of Liability. Every official bond executed under this code is obligatory on the principal and sureties thereon 1. For any breach of the condition during the time the officer shall continue in office or discharge any of the duties thereof; 2. For any breach of the condition by a deputy, although not expressed, unless otherwise declared by law; 3. For the faithful discharge of any duties which may be required of such officer by any law passed subsequent to the execution of such bond, although no such condition is expressed therein; 4. For the use and benefit of every person who is injured, either by any wrongful act committed under color of his office or by his failure to perform, or by the improper or neglectful performance of those duties imposed by law.

Page 1090

Provided that no claim or cause of action shall exist against the bond, the surety or the principal, and no claim or cause of action for indemnification by the surety against the principal shall exist, unless one of the following conditions exists: (1) the principal personally financially benefits from the act complained of; or (2) the principal was personally aware of and had actual knowledge of the act complained of, had actual knowledge that the act was illegal, contrary to law or the breach of a duty imposed by law, and either acted to cause or failed to prevent the act complained of. 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 24, 1975. COUNTY BOARD OF EQUALIZATIONMETHOD OF SELECTING MEMBERS CHANGED, ETC. Code 92-6912 Amended. No. 615 (House Bill No. 870). An Act to amend Code section 92-6912, relating to county boards of equalization, as amended, so as to change the method of selecting members of the county boards of equalization; to provide for filling vacancies; to provide that county boards of equalization shall set a date for hearing within 15 days of the receipt of the notice of appeal; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 1091

Section 1. Code section 92-6912, relating to county boards of equalization, as amended, is hereby 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: (3) (B) The grand jury in each county at any term of court preceding November 1 of each year shall select three persons from the current grand jury list who are otherwise qualified to serve as members of the county board of equalization for the term of one calendar year beginning January 1 following the date of selection. The grand jury shall also select three members from the current grand jury list who are otherwise qualified to serve as alternate members of the county board of equalization for the term of one calendar year beginning January 1 following the date of selection. If a vacancy occurs on the county board of equalization, the grand jury then in session shall select one of the alternate members of the county board of equalization to serve as a member of the county board of equalization for the unexpired term and select a person who is otherwise qualified to serve as an alternate member of the county board of equalization for the unexpired term. If a vacancy occurs among the alternate members of the county board of equalization, the grand jury then in session shall select a person who is otherwise qualified to serve as an alternate member of the county board of equalization for the unexpired term. Selection. Section 2. Said Code section is further amended by striking subsection (5) (F) (1) in its entirety and inserting in lieu thereof a new subsection (5) (F) (1), to read as follows: (5) (F) (1) Within 15 days of the receipt of the notice of appeal, the county board of equalization shall set a date for hearing on the questions presented and shall so notify the taxpayer and the board of tax assessors in writing. Hearing. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1975.

Page 1092

STATE PROPERTIES CODE. Code 91-1A Amended. No. 616 (House Bill No. 896). An Act to amend Code Chapter 91-1A of the Code of Georgia, known as the State Properties Control Code, approved February 21, 1964 (Ga. L. 1964, p. 146), as amended by an Act approved March 24, 1965 (Ga. L. 1965, p. 249), and by an Act approved April 15, 1965 (Ga. L. 1965, p. 663), and by an Act Approved March 20, 1970 (Ga. L. 1970, p. 455), and by an Act approved March 24, 1970 (Ga. L. 1970, p. 713), and by an Act approved April 7, 1971 (Ga. L. 1971, p. 578), and by an Act approved March 27, 1972 (Ga. L. 1972, p. 429), so as to change the name of the Code codified as Code Chapter 91-1A of the Code of Georgia; to provide for a short title; to provide for definitions of certain words and terms used in this Act and Code Chapter; to provide for section identification references; to create the State Properties Commission; to provide for the number of members, the membership, and the officers of the Commission; to provide for a quorum, voting, meetings, a seal, and bylaws of, by, and for the Commission; to provide powers and duties of the Commission; to provide for public competitive bidding concerning leases and sales of certain State property; to provide for the acceptance or rejection of certain bids and bidders by the General Assembly and/or the Governor; to provide for execution of leases and sales of certain State property; to provide an interesse termini limitation; to authorize the Commission to negotiate, prepare and enter into its own name Rental Agreements and Revocable License Agreements; to provide for exploration of State-owned lands for indication of mineral resources; to authorize the preparation and granting through public competitive bidding of Mineral Leases on State-owned land; to vest in the Commission the power of eminent domain; to provide for the Commission acquiring real property for State agencies; to provide an exception to certain named State agencies of acquiring real property through the Commission; to provide that State agencies render technical

Page 1093

assistance and services to the Commission; to provide that the railroad operation by the lessee of the Western and Atlantic Railroad be subject to the regulation of the Georgia Public Service Commission; to authorize the Commission to employ such personnel as may be necessary to discharge its duties; to authorize the Commission to promulgate a merit system of employment; to authorize Commission employees to be members of the Employees' Retirement System of Georgia; to require the Commission to keep records and to make the same subject to public inspection; to authorize the Commission to adopt rules and regulations and to provide that any person violating the same shall be guilty of a misdemeanor; to provide that the Commission is not subject to the provisions of the Georgia Administrative Procedure Act; to provide for a liberal construction of this Code Chapter; to provide for the repeal of certain specific Acts and Code Chapter; to provide that this Act and Code Chapter shall not revive any Act or part thereof heretofore repealed or superseded; to repeal conflicting laws; to provide an effective date; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 91-1A of the Code of Georgia, known as the State Properties Control Code, approved February 21, 1964 (Ga. L. 1964, p. 146), as amended by an Act approved March 24, 1965 (Ga. L. 1965, p. 249), and by an Act approved April 15, 1965 (Ga. L. 1965, p. 663), and by an Act approved March 20, 1970 (Ga. L. 1970, p. 455), and by an Act approved March 24, 1970 (Ga. L. 1970, p. 713), and by an Act approved April 7, 1971 (Ga. L. 1971, p. 578), and by an Act approved March 27, 1972 (Ga. L. 1972, p. 429), is hereby further amended by striking said Code Chapter 91-1A in its entirety and by substituting in lieu thereof a new Code Chapter 91-1A of the Code of Georgia, to be inserted between Chapter 91-1 and Chapter 91-2 of the Code of Georgia, which shall read as follows:

Page 1094

CODE CHAPTER 91-1A STATE PROPERTIES CODE Section 91-101a. Short title of Code Chapter. This Act and Code Chapter shall be known, and may be cited, as the `State Properties Code'. Section 91-102a. Definitions. When the following words and terms appear in this Code Chapter, they shall have the meaning, usage and inclusion hereafter respectively ascribed to them, a different meaning, usage or an exclusion is clearly apparent from the context: (a) The word `Commission' shall mean the State Properties Commission created by section 91-104a of this Code Chapter. The Commission: (1) was formerly known as the State Properties Control Commission; and (2) is the successor in law to the State Properties Control Commission, State Properties Acquisition Commission and the Mineral Leasing Commission; (b) The word `State' shall mean the State of Georgia; (c) The words `State Agency' or State Agencies' shall mean any department, division, bureau, board, commission (including the State Properties Commission created by section 91-104a of this Code Chapter) or agency within the executive branch of State government; (d) The word `Lease' shall mean a written instrument under the terms and conditions of which one party (Lessor) out of its own estate grants and conveys to another party or parties [Lessee (s)] an estate for years retaining a reversion in itself after such grant and conveyance; (e) The term `Rental Agreement' shall mean a written instrument the terms and conditions of which create the relationship of landlord and tenant. Under such relationship no estate passes out of the landlord and the tenant has only usufruct;

Page 1095

(f) The term `revocable license' shall mean the granting, subject to certain terms and conditions contained in a written Revocable License Agreement, to a named person or persons [Licensee (s)], and to that person or persons only, of a revocable personal privilege to use a certain described parcel or tract of the property (to be known as the licensed premises) for a named purpose. Regardless of any and all improvements and investments made, consideration paid, or expenses and harm incurred or encountered by the Licensee, a revocable license shall not confer upon the Licensee any right, title, interest or estate in the licensed premises, nor shall a revocable license confer upon the Licensee a license coupled with an interest or an easement. A revocable license may be revoked, cancelled or terminated, with or without cause, at any time by the Licensor (Commission); (g) The term `Revocable License Agreement' shall mean a written instrument which embodies a revocable license and which sets forth the names of the parties thereto and the terms and conditions upon which the revocable license is granted; (h) The words `acquire', acquisition', and `acquiring' shall mean the obtaining of real property by any method including, but not limited to, gift, purchase, condemnation, devise, court order, and exchange; (i) The word `Person' shall mean any: individual; general or limited partnership; joint venture; firm; private, public or public service corporation; association; authority; fiduciary; governmental body, instrumentality or other organization of the State; county of the State; municipal corporation of the State; political subdivision of the State; governmental subdivision of the State; and any other legal entity doing business in the State; (j) The word `deed' shall mean either a fee simple deed without warranty or a quitclaim deed; (k) The words `power', `empower (ed)', `authority' and `authorized' are a synonym each to the other and when either is used it shall be deemed to include the other the

Page 1096

same as if the other had been fully expressed. When the Commission has the power or is empowered, it has the authority and is authorized. The words `authorized' and `may' shall imply discretion and not requirement; (l) The words `mineral resources' shall include, but not be limited to, sand, sulphur, phosphate, oil and gas; (m) The word `Property' shall mean: (1) the Western and Atlantic Railroad including all the property associated with the Railroad as of December 26, 1969, unless the same has otherwise been provided for by Act or Resolution of the General Assembly; (2) all the property owned by the State in Tennessee other than that property included in (1) immediately preceding; (3) the State-owned property facing Peachtree, Cain, and Spring Streets in the City of Atlanta, Fulton County, Georgia, upon which the Governor's Mansion once stood and which is now commonly referred to and known as the Henry Grady Hotel Property' or `Old Governor's Mansion Site Property'; (4) any State-owned real property the custody and control of which as been transferred to the Commission by Executive Order of the Governor; and (5) any State-owned real property the custody and control of which has been transferred to the Commission by an Act or Resolution of the General Assembly without specific instructions as to its disposition; and (n) When the words `terms and conditions' are used, they shall be deemed to include the following words: stipulations, provisions, agreements and covenants. Section 91-103a. Section identification references. The captions appearing immediately preceding the text of each of the sections of this Code Chapter are for the purpose of convenience only and shall be completely disregarded in construing this Code Chapter and the sections thereof. Section 91-104a. Commission; creation; number of members; members; officers; quorum; voting; meetings; minutes; seal; bylaws. (a) There is hereby created within the executive branch of State government a public body which shall be known as the State Properties Commission and

Page 1097

which shall consist of eleven members and be composed of: the Governor; the Secretary of State; the Director, Fiscal Division, Department of Administrative Services; the State Auditor; the Attorney General; three citizens appointed by the Speaker of the House of Representatives for terms ending on April 1st in each odd numbered year; three citizens appointed by the Lieutenant Governor for terms ending on April 1st in each odd numbered year. The term of office of the appointed members of the Commission is continued until their successors are duly appointed and qualified. The Lieutenant Governor may serve as an appointed citizen member. (b) The Governor shall be the chairman of the Commission, the State Auditor shall be its vice-chairman, and the Secretary of State shall be its secretary. Five members of the Commission shall constitute a quorum. No vacancy on the Commission shall impair the right of the quorum to exercise the powers and perform the duties of the Commission. With the sole exception of acquisitions of real property which acquisitions shall require seven affirmative votes of the membership of the Commission present and voting at any meeting, the business, powers and duties of the Commission may be transacted, exercised and performed by a majority vote of the Commission members present and voting at a meeting when more than a quorum is present and voting or by a majority vote of a quorum when only a quorum is present and voting at a meeting. An abstention in voting shall be considered as that member not being present and not voting in the matter on which the vote is taken. No person may be appointed, elected or serve on the Commission who is a member of the legislative or judicial branch of government. In the event any ex officio member is determined to be in either the legislative or judicial branch of government, the General Assembly hereby declares that it would have passed this Act without such ex officio position on the Commission and would have reduced the quorum and vote required of the Commission on all actions accordingly. (c) Meetings shall be held on the call of the chairman, vice-chairman or two Commission members whenever necessary to the performance of the duties of the Commission.

Page 1098

Minutes or transcripts shall be kept of all meetings of the Commission and in the minutes or transcripts there shall be kept a record of the vote of each Commission member on all questions, acquisitions, transactions and all other matters coming before the Commission. The secretary shall give, or cause to be given, to each Commission member not less than three days prior written notice of the date, time and place of each meeting of the Commission. (d) The Commission shall adopt a seal for its use, and may adopt bylaws for its internal government and procedures. (e) Members of the Commission shall receive only their traveling and other actual expenses incurred in the performance of their official duties as Commission members. Section 91-105a. Powers and duties of the Commission. The Commission, in addition to other powers and duties set forth in other sections of this Code Chapter, shall have the power and duty to: (a) inspect, control, manage, oversee and preserve the Property; (b) maintain at all times a current inventory of the Property (c) authorize the payment of any tax or assessment legally levied by the State of Tennessee, or any governmental subdivision thereof, upon any part of the Property situated within the State of Tennessee; (d) prepare lease or sale proposals affecting the Property for submission to the General Assembly; (e) subject to the limitation contained in this Code Chapter, determine all of the terms and conditions of each instrument prepared and/or executed by it; (f) have prepared, in advance of advertising for bids as provided for in section 91-106a of this Code Chapter, a

Page 1099

thorough report of such data as will enable the Commission to arrive at a fair valuation of the property involved in such advertisement; and to include within such report at least two written appraisals of the value of such property which appraisals shall be made by a Person or Persons familar with property values in the area where such property is situated; provided, however, that one of the appraisals shall be made by a member of a nationally recognized appraisal organization and provided further, that in the case of the Western and Atlantic Railroad, the appraisal (other than the one required to be made by a member of a nationally recognized appraisal organization) may be the latest valuation report of the Western and Atlantic Railroad prepared by the Interstate Commerce Commission; (g) contract with any Person for the preparation of studies or reports as to: (1) the value of such Property including, but not limited to, sale value, lease value and insurance value; (2) the proper utilization to be made of such Property; and (3) any other data necessary or desirable to assist the Commission in the execution and performance of its duties; (h) insure the improvements on all or any part of the Property against loss or damage by fire, lightning, tornado or other insurable casualty; and insure the contents of such improvements against any such loss or damage; (i) inspect as necessary any of the Property which may be under a Lease, Rental Agreement or Revocable License Agreement in order to determine whether the Property is being kept, preserved, cared for, repaired, maintained, used and operated in accordance with the terms and conditions of the Lease, Rental Agreement or Revocable License Agreement, and to take such action necessary to correct any violation of the terms and conditions of such Lease, Rental Agreement or Revocable License Agreement; (j) deal with and dispose of any unauthorized encroachment upon, or use or occupancy of, any part of the Property, whether such encroachment, use or occupancy be permissive or adverse, or whether with or without claim of right therefor;

Page 1100

to determine whether such encroachment, use or occupancy shall be removed or discontinued, or whether it shall be permitted to continue, and, if so, to what extent and upon what terms and conditions; to adjust, settle and finally dispose of any controversy that may exist or arise with respect to any such encroachment, use or occupancy in such manner and upon such terms and conditions as the Commission may deem to be in the best interest of the State; to take such action as the Commission may deem proper and expedient to cause the removal or discontinuance of any such encroachment, use or occupancy; and to institute and prosecute for and on behalf of and in the name of the State such suits and other legal proceedings as the Commission may deem appropriate for the protection of the State's interest in or the assertion of the State's title to such Property; (k) settle, adjust and finally dispose of any claim, dispute or controversy of any kind whatsoever arising out of the terms and conditions, operation or expiration of any Lease of the Property or grant of rights in the Property; (l) negotiate and prepare for submission to the General Assembly amendments to any existing Lease; (m) exercise such other powers and perform such other duties as may be necessary or desirable to inspect, control, manage, oversee and preserve the Property; and (n) do all things, and perform all acts, necessary or convenient to carry out the powers and fulfill the duties given to the Commission in this Code Chapter. Section 91-106a. Public competitive bidding procedure concerning leases and sales; acceptance or rejection of bids and bidders by the General Assembly and/or the Governor; execution of the leases and sales. (a) Any proposal to lease (other than a Lease of mineral resources provided for in section 91-110a of this Code Chapter) or sell any part of the Property pursuant to the power granted by subsection (d) of section 91-105a of this Code Chapter shall be initiated and carried out in accordance with the provisions of this section 91-106a of this Code Chapter.

Page 1101

(b) Any such lease or sale shall be made upon public competitive bidding and the invitation for bids shall be advertised once a week for four consecutive weeks in (1) the legal organ and in one or more newspapers of general circulation in the county or counties wherein is situated the Property to be bid upon and (2) the legal organ of Fulton County, Georgia. Prior to such advertising, the Commission shall prepare a proposed form of Lease or contract of sale and deed, and appropriate instructions which shall be furnished to prospective bidders under such conditions as the Commission may prescribe. (c) Sealed bids shall be submitted to the Secretary of the Commission and each bid shall be accompanied by a bid bond or such other security as may be prescribed by the Commission. All bids shall be opened in public on the date and at the time and place specified in the invitation for bids. The Commission shall formally determine and announce which bid and bidder it considers to be most advantageous to the State. The Commission shall have the right to reject any or all bids and bidders and the right to waive formalities in bidding. (d) When the Commission formally determines and announces which bid and bidder it considers to be most advantageous to the State, the Commission shall then prepare the instrument of Lease or contract of sale and deed, in at least four counterparts, which Lease or contract of sale shall be immediately signed by the prospective lessee or purchaser whose signature shall be witnessed in the manner required by the applicable law for public recording of conveyances of real estate. Such signing shall constitute a bid by the prospective lessee or purchaser and shall not be subject to revocation by the prospective lessee or purchaser unless it is rejected by the General Assembly or the Governor as hereinafter provided. A Resolution containing an exact copy of the proposed lease or contract of sale and deed, or to which an exact copy of the proposed lease or contract of sale and deed is attached, shall be introduced in the General Assembly in either the House of Representatives, the Senate, or both, if then in regular session, or if not in regular session at such time, at the next regular session of the General

Page 1102

Assembly. Such Resolution, in order to become effective, shall receive the same number of readings and, in both the House of Representatives and the Senate, go through the same processes and procedures as a bill. (e) If either the House of Representatives or the Senate shall fail to adopt (pass) the aforesaid Resolution during such regular session by a Constitutional majority vote in each House, then the bid shall be considered rejected by the General Assembly. (f) If the aforesaid Resolution is adopted (passed) during such regular session by a Constitutional majority vote of both the House of Representatives and the Senate but is not approved by the Governor, then the bid shall be considered rejected by the Governor. (g) If the aforesaid Resolution is adopted (passed) during such regular session by a Constitutional majority vote of both the House of Representatives and the Senate and is approved by the Governor, the Chairman of the Commission, in his capacity as Governor of the State, shall execute and deliver to the purchaser the contract of sale for and on behalf of and in the name of the State, and thereupon both parties thereto shall be bound thereby. The Governor's signature shall be attested by the Secretary of the Commission in his capacity as Secretary of State. The Secretary of State shall also affix the great seal of the State to the contract of sale. Whenever in the judgment of the Chairman of the Commission all of the terms and conditions of the contract of sale, or all of the precedent terms and conditions of the contract of sale, or all of the precedent terms and conditions of the Lease, have been fulfilled and/or complied with, the Chairman of the Commission, in his capacity as Governor of the State, shall execute and deliver to the purchaser or lessee the deed or Lease for and on behalf of and in the name of the State. The Governor's signature shall be attested by the Secretary of the Commission in his capacity as Secretary of State. The Secretary of State shall also affix the great seal of the State to the deed or Lease. Section 91-107a. Interesse termini limited. The Commission

Page 1103

shall not submit to the General Assembly for its consideration any Lease the provisions of which provide that either: (a) the lessee would not obtain possession of the leased premises within a period of five years from the the commencement date of the regular session of the General Assembly to which the Lease is submitted for consideration; or (b) the term of the Lease will not commence within a period of five years from the commencement date of the regular session of the General Assembly to which the Lease is submitted for consideration. Section 91-108a. Rental Agreements. Notwithstanding any provisions and requirements of law to the contrary, and particularly nothwithstanding the provisions and requirements of section 91-106a of this Code Chapter, the Commission is hereby authorized to negotiate, prepare and enter into in its own name Rental Agreements whereby a part of the Property is rented, without public competitive bidding, to a Person for a length of time not to exceed one year and for adequate monetary consideration (in no instance to be less than a rate of two hundred fifty dollars per year), which shall be determined by the Commission, and pursuant to such terms and conditions as the Commission shall determine to be in the best interest of the State. The same Property, or any part thereof, shall not be the subject matter of more than one such Rental Agreement to the same Person unless the Commission shall determine that there are extenuating circumstances present which would make additional one year Rental Agreements beneficial to the State; provided, however, the same Property, or any part thereof, shall not, after the effective date of this Act and Code Chapter, be the subject matter of more than a total of three such one year Rental Agreements to the same Person. Section 91-109a. Revocable License agreements. (a) Notwithstanding any provisions and requirements of law to the contrary, and particularly notwithstanding the provisions and requirements of section 91-106a of this Code Chapter, the Commission is hereby authorized to negotiate, prepare and grant in its own name, without public competitive bidding, a revocable license to any Person to cross

Page 1104

through, over or under, or to otherwise encroach upon, any of the Property under the custody and control of the Commission. (b) Any grant of revocable license by the Commission to any Person shall be in writing and shall contain such terms and conditions as the Commission shall determine to be in the best interest of the State, provided that: (1) each grant of revocable license if not revoked prior to, shall stand revoked, canceled and terminated as of the twenty-fifth anniversary of the date of the Revocable License Agreement; (2) each grant of revocable license shall provide that regardless of any and all improvements and investments made, consideration paid, or expenses and harm incurred or encountered by the Licensee, the same shall not confer upon the Licensee any right, title, interest or estate in the licensed premises, nor confer upon the Licensee a license coupled with an interest or an easement; such grant of a revocable license conferring upon the Licensee, and only the Licensee, a mere personal privilege revocable by the Commission, with or without cause, at any time during the life of the revocable license; (3) each grant of revocable license shall be made for an adequate monetary consideration (in no instance to be less than two hundred fifty dollars), which shall be determined by the Commission; and (4) any grant of revocable license shall be subject to approval by any appropriate State regulatory agency that the proposed use of the licensed Property meets all applicable safety and regulatory standards and requirements. (c) The provisions of this Code Chapter section 91-109a shall not be construed, or interpreted, as amending, conflicting with, or superseding any or all of the provisions of Code of Georgia section 104-205, relating to the construction of telegraph or telephone lines.

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Section 91-110a. Authority of Commission to: enter into a written contract with any Person whereby such Person is permitted to explore State-owned lands for indications of mineral resources; prepare and grant through public competitive bidding Mineral Lease on State-owned land. (a) The Commission for and on behalf of and in the name of the State is authorized to enter into, without the necessity of prior public competitive bidding, a written contract with any Person, whereby such Person is permitted to explore any State-owned lands for indications of mineral resources. (b) The Commission for and on behalf of and in the name of the State is further authorized to lease to any Person the mineral resources located on State-owned lands and to execute, grant and convey to such Person, a Lease upon such terms and conditions and permitting such operations as the Commission shall determine to be in the best interest of the State including, but not limited to: (1) the exclusive right to drill, dredge, and mine on the leased premises for mineral resources and to produce and appropriate any and all of the same therefrom; (2) the right to use, free of charge, mineral resources and water from the leased premises in conducting operations thereon and in treating to make marketable the products therefrom; (3) the right to construct and use of said leased premises telephone and telegraph facilities, pipelines and other facilities necessary for the transportation and storage of mineral resources produced therefrom; (4) the right to construct and use such canals and roads as are necessary for lessee's operations under the Lease; and (5) the right to remove at any time from the leased premises any property placed thereon by lessee. (c) When any person shall desire to lease any State-owned lands pursuant to the provisions of this section 91-110a,

Page 1106

application therefor shall be made to the Commission in writing. The application shall include an accurate legal description and a plat of survey of the land sought to be leased and such other information as the Commission may require and shall further include a certified check for fifty dollars which shall be deposited with the Commission as evidence of the good faith of the applicant, which sum shall only be returned to an applicant who shall bid for but fail to secure a Lease. (d) Upon receipt of the application, the Commission shall make an inspection of the land sought to be leased and such geophysical and geological surveys thereof as the Commission may deem necessary. The Commission, after receiving a report as to the nature, character, surroundings and mineral resource value of such land, may offer for lease, through public competitive bidding, all or any portion of the land described in the application. The Commission shall cause to be published once a week for two consecutive weeks in (1) the legal organ and in one or more newspapers of general circulation in the county or counties wherein is situated the land to be bid upon and (2) the legal organ of Fulton County, Georgia, an advertisement of an invitation for bids setting forth therein an accurate legal description of the land proposed to be leased, the date, time and place when and where bids therefor will be received and such other information as the Commission may deem necessary. Prior to the advertising, the Commission shall prepare a proposed form of Lease and appropriate instructions which shall be furnished to prospective bidders under such conditions as the Commission may prescribe. Sealed bids shall be submitted to the secretary of the Commission and each bid shall be accompanied by a bid bond or such other security as may be prescribed by the Commission. (e) All bids shall be opened in public on the date and at the time and place specified in the advertisement of the invitation for bids. The Commission shall formally determine and announce which bid and bidder it considers to be most advantageous to the State. The Commission shall have the right to reject any or all bids and bidders and the right to waive formalities in bidding.

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(f) The Commission, acting for and on behalf of and in the name of the State, is hereby authorized to execute, grant and convey a Lease pursuant to the provisions of this section 91-110a on any State-owned land to any State agency without the necessity of complying with the public competitive bid procedure hereinabove stated; provided, however, the mineral resources so mined, dredged and removed from the State-owned land must be utilized on projects of the State agency. (g) No oil and gas Lease shall be granted for a term to exceed twenty-five years. If production should not be secured within the first ten years of the lease term, the lease shall terminate. Any oil and gas lease shall be for a consideration of not less than one-eighth of the gross production of oil, or the value of same, that may be produced and sold and one-eighth of the gross production of gas, or the value of same, that may be produced and sold off of the leased premises, and ten cents per acre in advance for the first year, and twenty-five cents per acre in advance for the second year, and fifty cents per acre in advance for the third year, and one dollar per acre in advance for each year thereafter. When production has been secured in commercial quantities and the payment of royalty begins and continues to be paid, the lessee shall be exempt from further annual payments on the acreage. If production should cease and royalty is not paid, the lessee shall, at the end of the lease year in which royalty ceases to be paid, and annually thereafter in advance, pay one dollar per acre so long as the lessee may desire to maintain the rights acquired under the Lease. (h) In the event oil or gas should be produced in commercial quantities in a well within one thousand feet of the premises leased from the State, the State's lessee shall, within sixty days after the initial production in any such well, begin in good faith and prosecute diligently the drilling of an offset well or wells on the premises leased from the State. Such offset wells shall be drilled to such depth and such means shall be used as may be necessary to prevent the undue drainage of oil or gas from beneath the premises leased from the State. A log of each well shall be filed with the Commission and with the Director of the Earth and

Page 1108

Water Division of the Department of Natural Resources within thirty days after the well has been completed or abandoned. (i) The development and operation of oil and gas wells on State-owned lands shall be done, so far as practicable, in such manner as to prevent the pollution of water, destruction of fish, oysters and marine life, and the obstruction of navigation. Section 91-111a. Power of eminent domain; form to be taken in the exercise of the power of eminent domain. The Commission, acting for and on behalf of and in the name of the State, is hereby empowered to take or damage by condemnation, for the public purposes of the State, the Property of any Person upon first paying or tendering just and adequate compensation to such Person. Such power of eminent domain shall be cumulative of any other power of eminent domain provided by law. Condemnation proceedings by the Commission, acting for and on behalf of and in the name of State, shall take the form provided in Part II of Title 36 of the Code of Georgia, as amended, or as it may hereafter be amended, or the form provided in Chapter 36-11 of the Code of Georgia, as amended, or as it may hereafter be amended. The power of condemnation and eminent domain authorized by this section 91-111a shall neither supersede nor abridge the powers of condemnation and eminent domain given severally to the Department of Transportation and the Board of Regents of the University System of Georgia. Section 91-112a. Acquisition of real property by a State agency. (a) Except for all acquisitions of real property by the Department of Transportation and the Board of Regents of the University System of Georgia, and except for the Department of Natural Resources acquiring by gift parcels of real property, not exceeding three acres each, to be used for the construction and operation thereon of boat launching ramps, and except for acquisitions of real property by the Commission resulting from transfers of custody and control of real property to the Commission by Executive Order of the Governor or by Act or Resolution of the General Assembly,

Page 1109

all State agencies shall acquire real property through the Commission. (b) The Commission is hereby authorized to establish (and amend when the Commission deems it necessary) a procedure to facilitate the handling by the Commission of requests for acquisition of real property. (c) The State agency requesting acquisition of real property shall provide all of the funds necessary to acquire the said real property. Section 91-113a. Technical assistance. The Department of Natural Resources, the Georgia Public Service Commission and all other State agencies are hereby requested and directed to provide such technical assistance and services as shall be requested and needed by the Commission in the execution and performance of its duties under this Code Chapter. Section 91-114a. Lessee of the Western and Atlantic Railroad subject to regulation by Georgia Public Service Commission. The railroad operation by the leesee of the Western and Atlantic Railroad shall be subject to the regulation of the Georgia Public Service Commission. Section 91-115a. Personnel; merit and retirement systems. (a) The Commission is hereby authorized to employ an Executive Director and such other employees, either on a full-time or part-time basis, as may be necessary to discharge the duties of the Commission. (b) The Commission is hereby authorized to promulgate a merit system of employment under which the Executive Director and such other employees shall be selected and promoted on the basis of merit. (c) The Executive Director and all other employees of the Commission are hereby authorized to be members of the Employees' Retirement System of Georgia. All rights,

Page 1110

credits and funds in such Retirement System which are possessed by any Person at the time of his or her employment with the Commission are hereby continued and preserved, it being the intention of the General Assembly that such Person shall not lose any rights, credit or funds to which he or she may be entitled prior to being employed by the Commission. Section 91-116a. Records; public inspection. The Commission shall cause all of its records including, but not limited to, minutes or transcripts, reports, studies, forms of instruments, bidding papers, notices, advertisements, invitation for bids, bids, executed instruments and correspondence, to be permanently kept and maintained. Such records shall be open to public inspection and may be inspected by any citizen of the State during usual business hours unless the same are being used by the Commission, or by its employees, in the performance of its or their duties in reference thereto. Section 91-117a. Adoption of rules and regulations; penalties. (a) The Commission is hereby authorized to adopt, after reasonable notice and hearing thereon, such rules and regulations as it may deem appropriate in exercising its powers and performing its duties under this Code Chapter. Such rules and regulations so adopted by the Commission shall have the same dignity and standing as if their provisions were specifically stated in this Code Chapter. (b) Any Person who violates any rule or regulation adopted by the Commission, or who procures, aids or abets therein, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as for a misdemeanor. Section 91-118a. Not subject to Administrative Procedure Act. The Commission shall not be subject to the provisions of the Act known as the `Georgia Administrative Procedure Act', approved March 10, 1964 (Ga. L. 1964, p. 338), as amended, or as it may hereafter be amended. Section 91-119a. Liberal construction of this Code Chapter. This Code Chapter shall be liberally construed so as to effectuate the purposes of the Code Chapter.

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Section 91-120a. Specific Repealer. The following Acts and Code Chapter are hereby specifically repealed: (a) An Act creating a Mineral Leasing Commission, approved March 9, 1945 (Ga. L. 1945, p. 352), as amended by an Act approved March 17, 1959 (Ga. L. 1959, p. 270), and by an Act approved April 8, 1965 (Ga. L. 1965, p. 590); and (b) Code Chapter 36-1A of the Code of Georgia known as the `State Properties Acquisition Law', approved March 30, 1965 (Ga. L. 1965, p. 396), as amended by an Act approved April 5, 1971 (Ga. L. 1971, p. 426). Section 91-121a. Negation of revivor. This Act and Code Chapter shall in no way be construed to revive any Act or Code Chapter, or any part thereof, heretofore repealed or superseded. Section 91-122a. General repealer. All other laws and parts of laws in conflict with this Act and Code Chapter are hereby repealed. Section 2. This Act and Code Chapter shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Approved April 24, 1975. CERTAIN ASSISTANT DISTRICT ATTORNEYS SALARIES CHANGED. (54,500-58,000). No. 617 (House Bill No. 1035). An Act to amend an Act to change the salaries of assistant district attorneys in all judicial circuits of this State having a population of not less than 54,500 and not more than 56,000, according to the United States Decennial Census of 1970 or any future such census; to provide an

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effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In all judicial circuits of this State having a population of not less than 54,500 and not more than 56,000, according to the United States Decennial Census of 1970 or any future such census, the assistant district attorneys shall each receive, as compensation for their services, a salary to be fixed in the discretion of the district attorney of their respective judicial circuits, an amount not to exceed $14,500 per annum, payable in equal monthly installments out of the funds of the counties comprising said judicial circuits. The amount each county of each such judicial circuit shall pay shall be prorated among said counties on the basis of the population of each county in proportion to the total population of all counties comprising each such circuit, according to the United States Decennial Census of 1970 or any future such census. It shall be the duty of the governing authority in each of said counties to levy and collect sufficient taxes to pay the portion of the salary of the assistant district attorneys chargeable against their respective counties. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1975. DRUGSCERTAIN DISTRIBUTION OF MARIJUANA PROHIBITED, ETC. Code 79A-811 Amended. No. 618 (Senate Bill No. 88). An Act to amend Code section 79A-811, relating to certain prohibited acts, so as to provide that it shall be unlawful

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for any person to possess, have under his control, manufacture, deliver, distribute, dispense, administer, sell, or possess with intent to distribute marijuana; to provide for penalties; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 79A-811, relating to certain prohibited acts, is hereby amended by striking subsection (j) of said Code section, which reads as follows: (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., in its entirety, and inserting in lieu thereof a new subsection (j), to read as follows: (j) 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 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 24, 1975.

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SECONDARY SECURITY DEEDSINTEREST PROVISIONS CHANGED. No. 619 (Senate Bill No. 247). An Act to amend an Act regulating charges and interest on loans secured by secondary security deeds on certain residential property subject to a prior lien or security deed, approved March 16, 1966 (Ga. L. 1966, p. 574), as amended by an Act approved April 14, 1967 (Ga. L. 1967, p. 637), and by an Act approved April 8, 1968 (Ga. L. 1968, p. 1086), so as to change the provisions relative to the interest that may be charged on the principal amount of the loan; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act regulating charges and interest on loans secured by secondary security deeds on certain residential property subject to a prior lien or security deed, approved March 16, 1966 (Ga. L. 1966, p. 574), as amended by an Act approved April 14, 1967 (Ga. L. 1967, p. 637), and by an Act approved April 8, 1968 (Ga. L. 1968, p. 1086), is hereby amended by striking subsection (d) of section 2 in its entirety and substituting in lieu thereof a new subsection (d) to read as follows: (d) Notwithstanding the method used for the computation of interest, interest may be charged on the principal amount of the loan as hereinbefore defined at any rate not greater than a rate equivalent to six percent (6%) per annum computed in accordance with the provisions of Code section 57-116, relating to interest on loans to be repaid in monthly, quarterly or yearly installments, as amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1975.

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DEPARTMENT OF PUBLIC SAFETYUNIFORM DIVISION PROVIDED. No. 620 (Senate Bill No. 16). 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 February 17, 1960 (Ga. L. 1960, p. 132), by an Act approved March 17, 1967 (Ga. L. 1967, p. 84), by an Act approved February 27, 1970 (Ga. L. 1970, p. 117), by an Act approved March 30, 1971 (Ga. L. 1971, p. 306), by an Act approved March 23, 1972 (Ga. L. 1972, p. 354), by an Act approved March 26, 1974 (Ga. L. 1974, p. 1007), and by an Act approved March 28, 1974 (Ga. L. 1974, p. 1122), so as to provide for a Uniform Division of the Department of Public Safety; to authorize the employment of license examiners, communications officers, and recruits; to provide that members of the Uniform Division, license examiners, communications officers and recruits shall, with certain exceptions, be subject to the rules and regulations of the State Merit System of Personnel Administration; to include provisions relative to compensation; to include provisions relative to promotions; to authorize the Board of Public Safety to provide members of the Uniform Division with a subsistence allowance; to authorize the Board of Public Safety to pay additional compensation upon retirement to officers, noncommissioned officers and troopers of the Uniform Division; to authorize the Board of Public Safety to provide incentive pay to certain employees; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Department of Public Safety, approved March 19, 1937 (Ga. L. 1937, p. 322), as amended, particularly by an Act approved February 17, 1960 (Ga. L. 1960, p. 132), by an Act approved March 17, 1967 (Ga. L. 1967, p. 84), by an Act approved February 27, 1970 (Ga. L. 1970, p. 117), by an Act approved March 30, 1971 (Ga. L. 1971, p. 306), by an Act approved March

Page 1116

23, 1972 (Ga. L. 1972, p. 354), by an Act approach March 26, 1974 (Ga. L. 1974, p. 1007), and by an Act approved March 28, 1974 (Ga. L. 1974, p. 1122), is hereby amended by striking section 2 of Article 2 in its entirety and substituting a new section 2 to read as follows: Section 2. The Uniform Division of the Department of Public Safety shall consist of: (1) the officers, noncommissioned officers, and troopers of the headquarters staff; and (2) the officers, noncommissioned officers, and troopers of one battalion. (a) The headquarters staff shall be composed of the Commissioner; Deputy Commissioner; Commanding Officer, with rank and pay of major; Treasurer with rank and pay of major; Suspension and Revocation Supervisor and Supervisor of Safety Responsibility with rank and pay of captain; Drivers Service Section Supervisor with rank and pay of captain; Accident Reporting Division Supervisor with rank and pay of captain; Safety Education Supervisor with rank and pay of captain; Personnel Officer with rank and pay of captain; Chief Radio Engineer and Supervisor of Radio Division with rank and pay of captain; Training and Indoctrination Officer with rank and pay of captain; and such commissioned and noncommissioned officers and troopers and clerical force as the Commissioner deems necessary for use at headquarters. The personnel of the headquarters staff except the Commanding Officer and Treasurer shall not be included in the complement of the battalion hereinafter shown. The clerical duties at headquarters shall be performed by such headquarters staff with the right in the Commissioner of Public Safety to transfer any member of such headquarters staff to any other division or district for any other duty he may see fit. (b) The one battalion shall consist of such personnel as the Commissioner, with the approval of the Board of Public Safety, may deem necessary, within the limits set by available appropriations. The personnel of the battalion shall be ranked according to a semi-military structure, with such ranks as the Board of Public Safety shall deem appropriate, including, but not restricted to the following: major, captain,

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first lieutenant, sergeant-major, sergeant first class, sergeant, corporal, trooper I, trooper and trooper cadets. (c) Within the limits set by available appropriations, the Commissioner, with the approval of the Board of Public Safety, is authorized to employ such recruits or cadets as may be deemed necessary, who may become members of the Uniform Division, but shall not be members of the Uniform Division so long as they remain recruits or cadets. The Commissioner shall prescribe rules and regulations governing the training and enlistment of such recruits, subject to the approval of the Board of Public Safety. (d) To support the battalion, the Commissioner, with the approval of the Board of Public Safety, is authorized to employ such communications officers as may be necessary, within the limits set by available appropriations. Such personnel shall not, however, be considered members of the Uniform Division. Communications officers may be divided into such ranks or categories as the Commissioner, with the approval of the Board of Public Safety, deems appropriate. (e) To support the battalion, the Commissioner, with the approval of the Board of Public Safety, is authorized to employ such license examiners as may be necessary, within the limits set by available appropriations. The Commissioner shall provide said license examiners with proper uniforms, suitable to the season, which shall remain the property of the State of Georgia. License examiners may be divided into such ranks or categories as the Commissioner, with the approval of the Board of Public Safety, deems appropriate. License examiners shall not be considered members of the Uniform Division. (f) All members of the Uniform Division, all communications officers, all license examiners, and all recruits shall be governed by rules and regulations 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.

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1971, p. 45), or as may be authorized by an Act approved March 13, 1975, amending the aforesaid Act approved March 10, 1971; provided, however, as follows: (1) During fiscal year 1976-77 such employees shall be compensated on the following pay grades: Trooper Pay Grade 16 Trooper 1st Class Pay Grade 17 Corporal Pay Grade 18 Sergeant Pay Grade 19 Lieutenant Pay Grade 20 Captain Pay Grade 21 Major Pay Grade 22 The Commanding Officer Pay Grade 23; (2) The Board of Public Safety shall be authorized to provide for a subsistence and per diem allowance for commissioned officers, noncommissioned officers, and troopers of the Uniform Division; (3) The Board of Public Safety shall be authorized to pay to officers, noncommissioned officers and troopers of the Uniform Division additional compensation to be paid upon retirement in the form of the badge and the revolver issued by the Department to such officer, noncommissioned officer or trooper; (4) The Board of Public Safety shall be authorized to grant incentive pay to those members of the Uniform Division of the Department of Public Safety and those members of the Georgia Bureau of Investigation who have obtained degrees or certificates from an accredited member of the Federation of Regional Accrediting Commissions of Higher Education or who have obtained a degree or certificate of completion from some other educational institution with respect to a course of instruction related to law enforcement, so long as both the course of instruction related to law enforcement, so long as both the course of instruction and the institution are specifically approved by the Board of Public Safety. Any such incentive pay shall be paid according to the following schedule:

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(i) Completion of at least one year of degree-creditable college study consisting of the equivalent of 30 semester hours or 45 quarter hours of education: $200 per year. (ii) Associate, or two-year degree, or certificate or 90 quarter hours: $400 per year. (iii) Bachelor's or four-year degree: $800 per year. (5) This Act is not intended to repeal existing law concerning the following: (i) The authority of the Board of Public Safety to pay certain medical expenses incurred by any member of the State Patrol or the Georgia Bureau of Investigation (Ga. L. 1953, Nov. Sess., p. 392); (ii) The authority of the Commissioner to provide uniforms and supplies to members of the Uniform Division (Ga. L. 1949, pp. 70, 77); (iii) The requirement that board and quarters be furnished to every member of the Uniform Division on active duty (Ga. L. 1945, pp. 117, 119); (iv) The authorization for officers and troopers to receive a legal award offered for the apprehension of any criminal (Ga. L. 1937, pp. 322, 332); (v) The State Patrol Disciplinary Board, its composition, and its responsibilities and procedures for removal of officers and troopers for cause (Ga. L. 1937, pp. 322, 332; Ga. L. 1949, pp. 70, 76). (g) No person in the employ of the Department of Public Safety shall take any part in the management, affairs or political campaign of any candidate for public office, except each employee shall have the right as a citizen to express his opinion and to cast his vote. No person in the employ of the Department of Public Safety shall, either directly or indirectly, contribute any money or any other thing of value to any person, organization or committee for political campaign

Page 1120

or election in county or State primaries or general elections. Any employee of the Department of Public Safety found to have violated this section shall be terminated from the Department. (h) Promotions to ranks of Corporal through Lieutenant shall be made on the basis of merit in accordance with the provisions of this section. Periodic performance rankings shall be made, not less than annually, of each sworn member through the grade of Lieutenant, ranking each member according to his relative position within his post or section. Each supervisor shall rank those members under his supervision. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1975. CAMPAIGN AND FINANCIAL DISCLOSURE ACT. No. 621. (Senate Bill No. 141). An Act to amend the Campaign Financing Disclosure Act, approved March 5, 1974 (Ga. L. 1974, p. 155), so as to change the short title of said Act; to provide for a declaration of policy and intent; to provide for coverage of all Constitutional Judicial Officers and District Attorneys; to provide for coverage of certain county and municipal elected officials by said Act; to change certain definitions; to provide for additional definitions; to provide for the reporting of certain expenditures and certain contributions; to provide for supplemental campaign financing disclosure reports; to provide for limitations on the amounts candidates for certain elective offices may expend in furtherance of their political campaigns; to provide for reports by contributors; to provide for definitions; to provide for the return of excess contributions; to provide for the beginning dates on such expenditures;

Page 1121

to prohibit contributions by certain corporations; to create a State Ethics Commission; to provide for the composition and appointment of members and their terms of office, powers, duties, compensation, expenses and qualifications; to provide for an executive secretary and additional staff for the Commission, and their powers, duties, authority, compensation and expenses; to provide for rules and regulations; to provide for subpoenas; to provide for forms; to provide for the preparation and publication of manuals; to provide for the filing of information; to provide for the preparation and publication of summaries and reports; to provide for investigations and the practices and procedures connected with such investigations; to provide for advisory opinions; to provide for orders; to provide that the Secretary of State shall provide certain services to the Commission; to change certain penalties for violations of the Act; 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 Campaign Financing Disclosure Act, approved March 5, 1974 (Ga. L. 1974, p. 155), is hereby amended by striking section 1, which reads as follows: Section 1. Short Title. This Act shall be known as and may be cited as the `Campaign Financing Disclosure Act'., in its entirety, and inserting in lieu thereof a new section 1, to read as follows: Section 1. Short Title. This Act shall be known as and may be cited as the `Campaign and Financial Disclosure Act'. Section 2. Said Act is further amended by striking section 2 of said Act in its entirety and inserting in lieu thereof a new section 2, to read as follows: 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

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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 Commissioners, District Attorneys, members of the Georgia House of Representatives and Georgia Senate, all Constitutional Judicial Officers, and 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. Said Act is further amended by striking the period at the end of subsection (c) of section 3 and inserting at the end of such subsection the following: , but the term specifically shall not include the value of personal services performed by persons who serve without compensation from any source and on a voluntary basis. `Contribution' shall include retainer fees, fees or compensation paid to public relation consultants who are candidates for office or any other form of payment made to candidates for office or who hold office when such fees and compensation made can be reasonably construed as a campaign contribution designed to encourage or influence the candidate or officeholder to introduce legislation which enriches the person, company, corporation or other entity which made the contribution. Introduction of such enriching legislation by the candidate subsequent to his election to office shall be prima facie evidence that the fee, compensation or retainer fee was a campaign contribution under the meaning of this Act., so that when so amended, subsection (c) of section 3 shall read as follows: (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, but the term specifically shall not include the value of personal services performed by persons who serve without compensation from

Page 1123

any source and on a voluntary basis. `Contribution' shall include retainer fees, fees or any other form of payment made to candidates for office or who hold office when such fees and compensation made can be reasonably construed as a campaign contributions designed to encourage or influence the candidate or office holder to introduce legislation which enriches the person, company, corporation or other entity which made the contribution. Introduction of such enriching legislation by the candidate subsequent to his election to office shall be prima facie evidence that the fee, compensation or retainer fee was a campaign contribution under the meaning of this Act. Section 3A. Said Act is further amended by striking the period at the end of subsection (d) of section 3 and inserting at the end of such subsection the following: , but the term specifically shall not include the value of personal services performed by persons who serve without compensation from any source and on a voluntary basis., so that when so amended, subsection (d) of section 3 shall read as follows: (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, but the term specifically shall not include the value of personal services performed by persons who serve without compensation from any source and on a voluntary basis. Section 4. Said Act is further amended by striking subsection (g) of section 3 in its entirety and substituting in lieu thereof a new subsection (g) of section 3, to read as follows: (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 expenditures and all contributions of $101.00 or more, including contributions and expenditures

Page 1124

of lesser amounts when the aggregate amount thereof by or to a person is $101.00 or more in the aggregate for the calendar year in which the report is filed. Section 5. Said Act is further amended by striking all language following the word committee of paragraph (3) of section 5 and by inserting a period immediately following said committee and by striking from paragraph (4) of section 5 the following: exceeding $101, so that when so amended, paragraphs (3) and (4) of section 5 shall read as follows: (3) All expenditures made by the candidate or the campaign committee. (4) The name and mailing address of every person to whom any expenditure is made and the amount thereof. Section 6. Said Act is further amended by striking subsections (a) and (b) of section 6 in their entirety and by striking the paragraph immediately following subsection (b) in its entirety, and substituting in lieu thereof new subsections (a) and (b) of section 6 and a new paragraph immediately following subsection (b) to read as follows: (a) The amount, name and mailing address of any person making a contribution in excess of $101.00 during the 12 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. (b) The name and mailing address of any person to whom an expenditure is made and the amount of such expenditure. Provided, the provisions of this paragraph shall not apply unless subject to disclosure requirements as to expenditures as set forth in subsection (g) of section 4. (c) The name and mailing address of any person or persons

Page 1125

who cosign a bank note or loan (for political purposes) with said candidate. 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 and all candidates shall make a final campaign disclosure report no later than December 31 of the year in which the election occurs. All candidates shall have a five-day grace period in filing the required reports. The mailing of said reports by United States Mail with adequate postage thereon, within the required filing time, shall be prima facie evidence of filing. 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. (d) In the event any candidate covered by the provisions of this Act has no opposition (primary or general) and receives no contributions, regardless of amount, said candidate shall only be required to make the initial and final report as required under the provisions of this Act. Section 7. Said Act is further amended by adding at the end of section 6 a new paragraph to read as follows: A supplemental Campaign Financing Disclosure Report shall be filed by each person elected to an office covered by this Act, no later than December 31 of each year following the year in which the election occurs. If no contribution is received or expenditure made which is required to be reported under this Act between the date of the last Campaign Financing Report filed pursuant to this Act and December 31 of any year, a supplemental Campaign Financing Disclosure Report shall not be required by this Act. Section 7A. Any corporate entity or organization which either receives money or spends money, or both, on and for

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candidates, is subject to the disclosure requirements of this Act the same as a candidate. Section 8. Said Act is further amended by adding, following section 8, a new section 8A, to read as follows: Section 8A. (a) Candidate for the following elected offices shall be limited in the total amount each may expend from his personal funds and from contributions made in furtherance of his political campaign, personally and through his campaign committee, as follows: (1) Candidates for the office of Governor shall not expend more than $400,000.00 for any primary, $300,000.00 for the general election, and $200,000.00 for each runoff. (2) Candidates for other statewide offices shall not expend more than $175,000.00 for any primary, $125,000.00 for the general election, and $75,000.00 for each runoff. (3) Candidates for the State Senate shall not expend more than $10,000.00 for any primary, $10,000.00 for the general election, and $4,000.00 for each runoff (primary or general). (4) Candidates for the State House of Representatives shall not expend more than $6,000.00 for any primary, $6,000.00 for the general election, and $3,000.00 for each runoff (primary or general). (5) In all multi-member or floaterial House District races, candidates shall be allowed to expend sums to exceed the limits set forth in (4) above in an amount not to exceed 50% of said limits. (6) The provisions of paragraphs (1) and (2) hereof to the contrary notwithstanding, candidates for the office of Governor or for any other Statewide office who do not hold any Constitutional State or federal office at the time of qualifying may expend, in addition to the amount specified in paragraph (1) or (2) for the primary, an additional amount for the primary only equal to 25% of the amount specified for the primary in paragraph (1) or (2).

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(b) For the purposes of this section, `expend' shall mean the making or incurring of any expenditure. The voluntary services of individuals for which no compensation is sought or paid and the value of such voluntary services shall not be included within the meaning of `expenditure', as used in this section. (c) In the event any contribution is made to a candidate or political committee to be used in a candidate's election campaign and such contribution, or any portion thereof, is in excess of the amount permitted to be expended by subsection (a), the amount of such excess contribution shall be returned immediately. The cost of returning such contribution may be deducted from the amount returned. (d) The expenditure limitation for each office as provided in subsection (a) shall be the total amount a candidate may expend in a political campaign for such office, beginning on the first day of January immediately preceding the election in which he is a candidate. Section 9. Said Act is further amended by adding following section 8A, one new section to be designated section 8B, to read as follows: Section 8B. A person acting on behalf of a public utility corporation regulated by the Public Service Commission shall not make, directly or indirectly, any contribution to a political campaign. Section 10. Said Act is further amended by striking section 9, which reads as follows: 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

Page 1128

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 appointee 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., in its entirety, and inserting in lieu thereof a new section 9, to read as follows: Section 9. State Ethics Commission. (a) There is hereby created the State Ethics Commission. (b) The Commission shall be composed of five members. The initial membership of the Commission shall be appointed as follows: one member shall be appointed by the Secretary of State for an initial term of office of one year; one member shall be appointed by the Lieutenant Governor for an initial term of office of two years; one member shall be appointed by the Speaker of the House of Representatives for an initial term of office of three years; and two members, not more than one of whom shall be from the same political party, shall be appointed by the Governor for initial terms of office of four years and five years, respectively. The terms of office of initial members shall commence on May 1, 1975. Members of the Commission shall not serve for more than one term of office. Upon the expiration of a member's term of office, a new member, appointed in the same manner as the member whose term of office expired, shall become a member of the Commission and shall serve for a term of office of five years and until his successor is

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duly appointed and qualified. If a vacancy occurs in the membership of the Commission, a new member shall be appointed to the unexpired term of office by the State official who appointed the vacating member. (c) Any person who has qualified to run for office who has held any Federal, State or local public office within a period of 5 years prior to his appointment shall be ineligible to serve as a member of the Commission. The Commission shall elect a chairman, and shall adopt rules and regulations as required by section 3 (a) of the Georgia Administrative Procedure Act (Ga. L. 1964, p. 338), as amended. All rules of the Commission shall be promulgated in accordance with the Georgia Administrative Procedure Act (Ga. L. 1964, p. 338), as amended. (d) Members of the Commission shall serve without compensation, but shall be reimbursed in an amount of $36 per diem for each day or portion thereof spent in serving as members of the Commission. They shall be paid their necessary traveling expenses while engaged in the business of the Commission. (e) The Commission shall have the authority: (1) to employ an executive secretary and such additional staff as the Commission deems necessary to carry out the powers delegated to the Commission by this Act; (2) to promulgate and adopt rules and regulations as defined in the Georgia Administrative Procedure Act (Ga. L. 1964, p. 338), as amended; (3) to issue subpoenas to compel any person to appear, give sworn testimony or produce documentary or other evidence; (4) to institute and prosecute actions in the superior courts, in its own name, seeking to enjoin or restrain any violation or threatened violation of this Act. (f) The Commission shall have the following duties:

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(1) to prescribe forms to be used in complying with the provisions of this Act; (2) to prepare and publish a manual setting forth recommended uniform methods of accounting and reporting for use by persons required to file statements and reports by this Act; (3) to accept and file any information voluntarily supplied that exceeds the requirements of this Act; (4) to develop a filing, coding and cross-indexing system consonant with the purposes of this Act; (5) to make each statement and report filed by a candidate with it available for public inspection and copying during regular office hours at the expense of any person requesting copies at a charge not to exceed actual cost; (6) to adopt a retention standard for records of the Commission in accordance with the Georgia Records Act (Ga. L. 1972, p. 1267), as amended; (7) to prepare and publish monthly, quarterly and annual summaries of these statements and reports received, listing separately therein individual registrants and other persons; (8) to prepare and publish such other reports and technical studies as in its judgment will tend to promote the purposes of this Act; (9) to provide for wide public dissemination of such summaries and reports; (10) to determine whether the required statements and reports have been filed and, if so, whether they conform to the requirements of this Act; (11) to make investigations with respect to the statements and reports filed under the provisions of this Act, and with respect to alleged failure to file any statements

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or reports required under the provisions of this Act, and, upon complaint by any person, with respect to alleged violation of any part of this Act; (12) to conduct a preliminary investigation of the merits of a complaint when any person who believes that a violation of this Act has occurred files a complaint, and if no reasonable grounds to believe that a violation has occurred, the complaint shall be dismissed, subject to being reopened upon discovery of additional evidence or relevant material. If the Commission determines that there are such reasonable grounds, it shall give notice by summoning the persons believed to have committed the violation to a hearing. The hearing shall be conducted in all respects in accordance with the Georgia Administrative Procedure Act, as amended. The complainant shall be given an acknowledgment and status report within ten days of registering said complaint and shall be given an estimate of the time required to complete said investigation. The Commission may file a complaint charging violations of this Act, and any person aggrieved by the final decision of the Commission is entitled to judicial review in accordance with the provision of the Administrative Procedure Act, as amended; (13) to report suspected violations of law to the appropriate law enforcement authority; (14) to issue, upon request, and publish advisory opinions on the requirements of this Act, based on a real or hypothetical set of circumstances; (15) to issue orders, after the completion of appropriate proceedings, directing compliance with this Act, or prohibiting the actual or threatened commission of any conduct constituting a violation, which order may include a provision requiring the violator: (i) to cease and desist from committing further violations; (ii) to make public complete statements, in corrected form, containing the information required by this Act;

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(16) to make public its conclusion that a violation has occurred and the nature thereof; (17) to petition the superior court within the county where the hearing was or is being conducted for the enforcement of any order issued in connection with such hearing; (18) to inspect each statement and report within ten days after filing and not to notify the registrant immediately if it appears that such statement or report does not conform to the law, or that a written complaint has been filed alleging that such statement or report does not conform to law or to the truth, or that a person has failed to file a statement or report required by law; (19) to report to the General Assembly and the Governor at the close of each fiscal year concerning the action taken during that time, the names, salaries and duties of all individuals employed and the funds disbursed, and to make such further report on the matters within its jurisdiction and such recommendations for further legislation as may appear desirable. (g) The Secretary of State, through his office shall perform the ministerial functions which the Commission may require. The office of the Secretary of State shall be designated as the place where the public may file papers or correspond with the Commission and receive any form or instruction from the Commission. The Secretary of State or his designee shall serve as secretary to the Commission. Section 11. Said Act is further amended by striking section 9A, which reads as follows: 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

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filed with it, and shall make such documents available for review by any interested citizen of this State. (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., in its entirety. Section 12. Said Act is further amended by striking section 10, which reads as follows: 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., in its entirety, and inserting in lieu thereof a new section 10, to read as follows: Section 10. Penalties. Any person who knowingly fails to comply with or who knowingly violates any of the provisions of this Act shall be guilty of a misdemeanor on the first offense, and upon conviction thereof, shall be punished as for a misdemeanor; and upon the second or subsequent offense shall be guilty of a felony, and upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years or by a fine not to exceed $5,000, or both. Section 12A. Venue. Venue for prosecution of violations of this Act shall be in the county of the residence of the candidate at the time of the alleged violation. Section 13. 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 14. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1975. CANCELLATION OF CERTAIN INSTRUMENTS PROVIDED. No. 622 (Senate Bill No. 176). An Act to provide for definitions; to provide for the orderly and proper cancellation of instruments; to provide for the method of cancellation; to provide for the time when such cancellation must be completed; to provide for a penalty for failure to properly cancel same; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Definitions. Grantor shall include heirs, devisees, executors, administrators, successors, transferees or assigns. Grantee shall include heirs, devisees, executors, administrators, successors, transferees or assigns, and any servicing agent or any person or entity to whom indebtedness is paid on behalf or by any grantor. Instrument shall include deed to secure debt, security instrument, purchase money mortgage, financing statement, personalty mortgage, loan contract, or other instrument executed in connection with any loan. Section 2. Whenever the indebtedness secured by any instrument is paid in full, the grantee of such instrument shall within not more than 45 days from the date of said full payment, cause to be furnished to grantor or to the Clerk of the Superior Court of the county or counties in which the instrument is recorded, a legally sufficient satisfaction or cancellation to authorize and direct the said clerk or clerks

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to cancel such instrument of record. Upon the failure of the grantee to properly transmit such legally sufficient satisfaction or cancellation as herein provided the grantee shall be liable to the grantor for the sum of $200.00 as liquidated damages, and in addition thereto, for such additional sums for any loss caused to grantor plus reasonable attorney's fees. The grantee shall not be liable to grantor if he demonstrates reasonable inability to comply with the provisions of this Act. Further, grantee shall not be liable to grantor unless and until written demand for said transmittal as provided herein is made. In all cases, any servicing agent or any person or entity to whom the indetbedness is paid on behalf of any grantee, shall be responsible for notifying the holder thereof upon payment in full, and securing the satisfaction or cancellation as hereinabove provided, and upon failure to do so, the servicing agent or payee shall be subject to the same liability as hereinabove provided. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1975. CHILD ABUSECONFIDENTIALITY OF RECORDS PROVIDED, ETC. No. 623 (Senate Bill No. 188). An Act to provide for the confidentiality of records concerning reports of child abuse and neglect; to provide that it shall be unlawful to permit unauthorized persons to examine or inspect such confidential records; to provide a penalty; to provide that the Board of Human Resources may promulgate appropriate rules and regulations; to provide for an effective date; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. Each and every record concerning reports of child abuse and neglect which is in the custody of the Department of Human Resources or other State or local agency is hereby declared to be confidential and access thereto is hereby prohibited except as provided in section 2 of this Act. Section 2. (a) Notwithstanding the provisions of section 1, the following persons or agencies shall have reasonable access to such records concerning reports of child abuse and neglect: (1) A legally mandated, public or private, child protective agency investigating a report of known or suspected child abuse or neglect or treating a child or family which is the subject of a report or record. (2) A court, by subpoena, upon its finding that access to such records may be necessary for determination of an issue before such court; provided, however, that the court will examine such record in camera, unless the court determines that public disclosure of the information contained therein is necessary for the resolution of an issue then before it; and the record is otherwise admissible under the rules of evidence, or (3) A grand jury by subpoena upon its determination that access to such records is necessary in the conduct of its official business. (4) A district attorney of any judicial circuit in this State, or any assistant district attorney, who may seek such access in connection with official duty. (b) The Department of Human Resources or a county or other State or local agency may permit access to such records concerning reports of child abuse and neglect to the following persons or agencies when deemed appropriate by such Department: (1) A physician who has before him a child whom he reasonably suspects may be abused or neglected;

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(2) Police or other law enforcement agency investigating a report of known or suspected abuse or neglect; (3) A person legally authorized to place a child in protective custody when such person has before him a child he reasonably suspects may be abused or neglected and such person requires the information in the record or report in order to determine whether to place the child in protective custody; and (4) An agency or person other than a child's parent or guardian having the legal custody, responsibility or authorization to care for, treat or supervise the child who is the subject of a report or record. Section 3. Any person who authorizes or permits any person or agency not listed in section 2 of this Act to have access to such records concerning reports of child abuse and neglect declared confidential by section 1 hereof shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor. Penalty. Section 4. The Board of Human Resources may adopt rules and regulations not inconsistent with this Act. Rules. Section 5. Nothing in this Act is intended to conflict with any provision of federal law or to result in the loss or denial of federal funds. The Board of Human Resources shall adopt rules and regulations necessary to prevent conflict with federal law or the loss of federal funds. 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. In the event any section, subsection, sentence, clause or phrase of this Act, which 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

Page 1138

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 8. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1975. GEORGIA EQUINE ACT AMENDED. No. 624 (Senate Bill No. 189). An Act to amend an Act known as the Georgia Equine Act, approved April 30, 1969 (Ga. L. 1969, p. 1021), as amended by an Act approved April 3, 1972 (Ga. L. 1972, p. 818), so as to provide for the control, suppression, prevention and eradication of the equine disease known as equine infectious anemia (also known as swamp fever, EIA and slow fever); to provide for compounds; to provide for the licensing and regulation of compounds; to provide for the issuance of licenses; to provide for fees; to provide for penalties; to provide for research porgrams; 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 Equine Act, approved April 30, 1969 (Ga. L. 1969, p. 1021), as amended by an Act approved April 3, 1972 (Ga. L. 1972, p. 818), is hereby amended by adding, immediately following section 13A, a new section 13B, to read as follows: Section 13B. Any person, firm, corporation, company, cooperative, association or other entity is hereby authorized to set up or establish compounds at various places in the State where animals may be taken in order to control, suppress,

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prevent and eradicate the equine disease known as equine infectious anemia (also known as swamp fever, EIA and slow fever). It shall be unlawful to establish or operate any such compound without a license issued by the Commissioner of Agriculture. The Commissioner of Agriculture is hereby authorized to issue licenses and to establish, promulgate and adopt rules, regulations and standards governing the establishment, construction, design, maintenance and operation of such compounds. The fee for such licenses shall be $25.00 per annum, and such licenses shall be renewable annually. The Commissioner is authorized to establish research programs for the purpose of developing a vaccine or method for the control or eradication of such equine disease in the State. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1975. EDUCATIONALLOTMENT OF TEACHERSPROVISIONS CHANGED. No. 625 (Senate Bill No. 191). An Act to amend an Act known as the Adequate Program for Education in Georgia Act, approved March 26, 1974 Ga. L. 1974, p. 1045), so as to change the provisions relative to the allotment of teachers; 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 Adequate Program for Education in Georgia Act, approved March 26, 1974 (Ga. L. 1974, p. 1045), is hereby amended by inserting between section 37 and section 38 a new section, to be designated section 37A, to read as follows:

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Section 37A. Determination of Average Daily Attendance; Permissible Exclusion. Whenever the State Board of Education determines the Average Daily Attendance under the provisions of this Act by basing its calculations upon Average Daily Attendance during a fixed number of months, the Board may exclude from such calculations any month during which the Average Daily Attendance was more than 15% lower than the Average Daily Attendance for the remainder of the period used as a base for their projection. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1975. UNIVERSITY SYSTEM OF GEORGIAHISTORY OF GEORGIA AND UNITED STATESINSTRUCTION IN REQUIRED. Code 32-171 Enacted. No. 626 (Senate Bill No. 194). An Act to amend Code Chapter 32-1, relating to the Board of Regents and the University System of Georgia, in general, as amended, so as to provide that all colleges and universities sustained or in any manner supported by public funds shall give instruction in the history of the United States, and in the history of Georgia, and in the essentials of the United States Constitution and the Constitution of Georgia, and no undergraduate student in any college or university shall receive a certificate of graduation or a degree without successfully completing course work or previously passing a satisfactory examination on the history of the United States and the history of Georgia, and upon the provisions and principles of the United States Constitution and the Constitution of Georgia; 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 32-1, relating to the Board of Regents and the University System of Georgia, in general, as amended, is hereby amended by adding at the end thereof a new Code section, to be designated as Code section 32-171, to read as follows: 32-171. Instruction in essentials of United States and Georgia history and Constitutions. All colleges and universities sustained or in any manner supported by public funds shall give instruction in the history of the United States, and in the history of Georgia, and in the essentials of the United States Constitution and the Constitution of Georgia, and no undergraduate student in any college or university shall receive a certificate of graduation or a degree without successfully completing course work or previously passing a satisfactory examination on the history of the United States and the history of Georgia, and upon the provisions and principles of the United States Constitution and the Constitution of Georgia. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1975. UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT AMENDED. No. 627 (Senate Bill No. 197). An Act to amend an Act known as the Uniform Reciprocal Enforcement of Support Act, approved February 20, 1958 (Ga. L. 1958, p. 34), as amended, so as to designate the Department of Human Resources as the State Information Agency and to provide for its duties; to provide for payment of the District Attorneys' fees by the Director of the Fiscal Division of the Department of Administrative Services; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. An Act known as the Uniform Reciprocal Enforcement of Support Act, approved February 20, 1958 (Ga. L. 1958, p. 34), as amended, is hereby amended by striking section 15 in its entirety and substituting in lieu thereof a new section 15 to read as follows: Section 15. State Information Agency. The Department of Human Resources is hereby designated as the State Information Agency under this Act, and it shall be its duty: (1) To compile a list of the courts and their addresses in this State, having jurisdiction under this Act and transmit the same to the State Information Agency of every other State which has adopted this or a substantially similar Act. (2) To maintain a register of such lists received from other States and to transmit copies thereof, as soon as possible after receipt, to every court in this State having jurisdiction under this Act. (3) To approve as to form all orders for payment of the District Attorneys' fees and forward same to the Director, Fiscal Division of the Department of Administrative Services for payment. (4) To furnish the District Attorneys necessary forms, information and assistance in proceedings under this Act. Section 2. Said Act is further amended by striking section 15A in its entirety and inserting in lieu thereof a new section 15A to read as follows: Section 15A. The fee of the District Attorney arising under this Act shall be paid by the Director of the Fiscal Division of the Department of Administrative Services upon receipt of the order for the payment of such fees that has been approved by the State Information Agency. Payment shall be made from funds appropriated for the operation of the superior courts. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date.

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Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1975. HABEAS CORPUS ACT AMENDED. Code 50-127 Amended. No. 628 (Senate Bill No. 205). An Act to amend an Act providing for a new exclusive procedure for persons whose liberty is being restrained by virtue of a sentence imposed against them by any State court of record, approved April 18, 1967 (Ga. L. 1967, p. 835), as amended, particularly by an Act approved April 19, 1973 (Ga. L. 1973, p. 1315), so as to provide that certain grounds shall be considered waived unless the court considering the petition excuses the waiver for cause shown; to authorize the court to receive proof by sworn affidavits; to change certain time limits when proof is to be made by a deposition upon written questions; to require judicial certification as a prerequisite to appeal in cases decided adversely to the petitioner and to establish the procedure for obtaining such certification and for pursuing such appeal; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for a new exclusive procedure for persons whose liberty is being restrained by virtue of a sentence imposed against them by any State court of record, approved April 18, 1967 (Ga. L. 1967, p. 835), as amended, particularly by an Act approved April 19, 1973 (Ga. L. 1973, p. 1315), is hereby amended by striking in its entirety paragraph (1), entitled Grounds for Writ. of section 50-127, enacted by section 3 of the Act of April 18, 1967, as amended, and inserting in lieu thereof a new paragraph (1) to read as follows: (1) Grounds for Writ. Any person imprisoned by virtue of a sentence imposed by a State court of record

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who asserts that in the proceedings which resulted in his conviction there was a substantial denial of his rights under the Constitution of the United States or of the State of Georgia or the laws of the State of Georgia may institute a proceeding under this Section. Except for objections relating to the composition of a grand or traverse jury, rights conferred or secured by the Constitution of the United States shall not be deemed to have been waived unless it is shown that there was an intentional relinquishment or abandonment of a known right or privilege which relinquishment or abandonment was participated in by the party and was done voluntarily, knowingly, and intelligently. The right to object to the composition of the grand or traverse jury will be deemed waived under this section, unless the person challenging the sentence shows in the petition and satisfies the court that cause exists for his being allowed to pursue the objection after the conviction and sentence has otherwise become final. Section 2. Said Acts is further amended by striking in its entirety paragraph (7) of section 50-127, enacted by section 3 of the Act of April 18, 1967, as amended, and inserting in lieu thereof a new paragraph (7) to read as follows: (7) Disposition in the Trial Court. (a) The court may receive proof by depositions, oral testimony, sworn affidavits, or other evidence. (b) The taking of depositions or depositions upon written questions, by either party, shall be governed by the provisions of sections 26, 27, 28, 29, 30, 31, 32 and 37 of an Act to comprehensively and exhaustively revise, supersede and modernize pretrial, trial and post-trial procedures in civil cases, approved March 18, 1966 (Ga. L. 1966, p. 609), as amended, particularly by an Act approved March 27, 1972 (Ga. L. 1972, p. 510); provided, however, that the time allowed in section 31 of said Act for service of cross-questions upon all other parties shall be ten days from the date the notice and written questions are served. (c) If sworn affidavits are intended by either party to

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be introduced into evidence, the party intending to introduce the affidavit shall cause it to be served upon the opposing party at least five days in advance of the date set for a hearing in the case. The affidavit so served shall be accompanied by a notice of the party's intention to introduce it into evidence. The superior court judge considering the petition for writ of habeas corpus may resolve disputed issues of fact upon the basis of sworn affidavits standing by themselves. (d) If the court finds in favor of the petitioner, it shall enter an appropriate order with respect to the judgment or sentence challenged in the proceeding and such supplementary orders as to rearraignment, retrial, custody, or discharge as may be necessary and proper. In all cases the court shall dispose of the matter as law and justice require. Section 3. Said Act is further amended by striking paragraph (11) of section 50-127 enacted by section 3 of the Act of April 18, 1967, as amended, by striking it in its entirety and inserting in lieu thereof a new paragraph (11) to read as follows: (11) Practice as to Appeals. (a) Appeals in habeas corpus cases shall be governed by the Appellate Procedure Act of 1965, approved February 19, 1965 (Ga. Laws 1965, p. 18), as now or hereafter amended, except that as to final orders of the court which are adverse to the petitioner, no appeal shall be allowed unless a justice of the Supreme Court of Georgia shall issue a certificate of probable cause for such appeal. (b) Within 30 days from the entry of the order denying relief to the petitioner, a written application for a certificate of probable cause to appeal must be filed with the clerk of the Supreme Court of Georgia, if the unsuccessful petitioner desires to appeal. The petitioner shall also file, within the same period, a notice of appeal with the clerk of the concerned superior court. A justice of said appellate court shall either grant or deny the application within a reasonable time after filing. So the justice may fully consider the request

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for a certificate, the clerk of the concerned superior court shall forward as in any other case, the record and transcript if designated, to the clerk of the Supreme Court of Georgia when a notice of appeal is filed. The clerk of the concerned superior court need not prepare and retain and the court reporter need not file, a copy of the original record and a copy of the original transcript of proceedings. The clerk of the Supreme Court of Georgia shall return the original record and transcript to the clerk of the concerned superior court upon completion of the appeal if the certificate is granted. If the justice of the Supreme Court of Georgia denies the application for a certificate of probable cause, the clerk of the Supreme Court of Georgia shall return the original record and transcript and notify the clerk of the concerned superior court and the parties to the proceedings below of the determination that probable cause does not exist for appeal. (c) If the trial court finds in favor of the petitioner, no certificate of probable cause need be obtained by the respondent as a condition precedent to appeal. A notice of appeal filed by the respondent shall act as a supersedeas and stay the judgment of the superior court until there is a final adjudication by the appellate court; provided, however, that while such case is on appeal, the petitioner may be released on bail as is now provided for in criminal cases, except where the petitioner has been convicted of a crime over which the Supreme Court of Georgia has jurisdiction to consider on direct appeal. The right to bail and the amount of bond shall be within the discretion of the judge of the superior court where the sentence successfully challenged under this Act was originally imposed. Section 4. This Act shall become effective when signed into law by the Governor or when allowed to become law without the Governor's signature. Effective date. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1975.

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GROVELAND LAKE DEVELOPMENT AUTHORITY ACT REPEALED. No. 629 (Senate Bill No. 211). An Act to repeal an Act creating the Groveland Lake Development Authority, approved April 23, 1969 (Ga. L. 1969, p. 572); 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 Groveland Lake Development Authority, approved April 23, 1969 (Ga. L. 1969, p. 572), is hereby repealed in its entirety. 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 24, 1975. CERTAIN COUNTIESCOUNTY PURCHASING AGENT PROVISIONS CHANGED. No. 630 (Senate Bill No. 213). An Act to amend an Act creating and establishing a Purchasing Department in certain counties, approved March 27, 1941 (Ga. L. 1941, p. 408), as amended, so as to change the provisions relative to the appointment and terms of a County Purchasing Agent; to change the provisions relative to purchases without competition; 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 and establishing a Purchasing Department in certain counties, approved March 27, 1941 (Ga. L. 1941, p. 408), as amended, is further amended by striking therefrom section 2 in its entirety and inserting in lieu thereof a new section 2 which shall read as follows: Section 2. The County Purchasing Department shall be under the direction and supervision of a County Purchasing Agent who shall be appointed by The Board of Commissioners or other County authority. Said Purchasing Agent shall be subject to removal from office by the appointing authority at any time during his tenure of office for just cause. Section 2. Said Act is further amended by striking from the last sentence of section 10 thereof the words and figures, Ten ($10.00) Dollars, and inserting in lieu thereof the words and figures, Fifty ($50.00) Dollars, so that said sentence as amended hereby shall read as follows: Purchases of Fifty ($50.00) Dollars or less may be made without competition. Section 3. This Act shall become effective upon its approval by the Governor or its otherwise becoming a law. Effective date. Section 4. All laws or parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1975. EMINENT DOMAINCERTAIN COUNTIES SHALL ACQUIRE FEE SIMPLE INTEREST IN CONDEMNED LAND. (COUNTY CONTAINING CITY OF 250,000 OR MORE). Code 36-606 Amended. No. 632 (Senate Bill No. 222). An Act to amend Code section 36-606, providing for the interest to be vested in a person seeking condemnation, as

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amended, so as to provide that certain counties shall acquire a fee simple title to property condemned upon payment of the condemnation money; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 36-606, providing for the interest to be vested in a person seeking condemnation, as amended, is hereby amended by striking from said section the following language: such municipality,, and inserting in lieu thereof the following: or the County in which the major portion of such municipality is located, such municipality or County, so that when so amended, said Code section shall read as follows: 36-606. What interest to vest in party seeking condemnation. Upon the payment by the corporation or person seeking to condemn of the amount of the award and final judgment on appeal, such corporation or person shall become vested with such interest in the property taken as may be necessary to enable the corporation or person taking to exercise its franchise or conduct its business; and whenever the corporation or persons shall cease using the property taken for the purpose of conducting its business, said property shall revert to the person from whom taken, his heirs or assigns; but whenever any municipality condemns land for protection against floods and freshets, said municipality may acquire a fee simple title to the property condemned on payment of the condemnation money, except, however, when such corporation is a municipality having a population of more than 250,000, according to the last or any future decennial census of the United States, or the County in which the major portion of such municipality is located, such municipality or County shall acquire a fee simple title to

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the property condemned upon payment of the condemnation money. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1975. SUPERIOR COURT CLERKSCERTAIN COUNTIESCOSTS CHANGED, ETC. (600,000 OR MORE). Code 24-2727A Enacted. No. 633 (Senate Bill No. 225). An Act to amend Code Chapter 24-27, pertaining to clerks of the superior court, as amended, so as to provide that in counties having a population of 600,000 or more, according to the 1970 United States Decennial Census or any future such census, no cost deposit shall be required in civil actions, but all fees shall be collected at the time of performing services; to change the costs which may be charged in certain proceedings; 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 24-27, pertaining to clerks of the superior court, as amended, is hereby amended by inserting, following Code section 24-2727, a new Code section which shall be known as Code section 24-2727A, which shall read as follows: 24-2727A. In all counties of this State having a population of 600,000 or more, according to the 1970 United States Decennial Census or any future such census no deposit shall be required of any party prior to the filing of any civil case or proceeding; but the clerk of the superior court shall be entitled to charge and to collect at the time of performing services the fees authorized by law for the performance of

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such services. In addition to the fees specified by Georgia Code section 24-2727, as amended, and as may hereafter be amended, the clerk of the superior court of such counties shall be entitled to charge and collect the following additional fees for official duties performed by him: Civil Cases Filing and docketing suits, complaints or motions $ 1.00 Entering verdict or judgment on minutes $ 1.00 Filing all motions subsequent to any complaint in any case $ 1.00 Issuing fieri facias $ 1.00 Entering fieri facias on general execution docket $.50 Recording maps or plats $ 1.00 Registering and filing trade names pursuant to the provisions of an Act providing for the registration of trade names, approved March 29, 1937 (Ga. L. 1937, p. 804) $ 4.00 Criminal Cases Service in entering and docketing bills of indictment, presentment, no bills, accusations, indictments or accusation record $ 4.50 Entering any record on minutes not specified: per page $.50 Recording proceedings in all cases of habeas corpus: per page $.50 Provided, however, that all fees charged and collected by the clerks of the superior courts in said counties shall be paid into the county treasury.

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Section 2. This Act shall become effective July 1, 1975. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1975. BOARD OF FUNERAL SERVICE ACT AMENDED. No. 634 (Senate Bill No. 236). An Act to amend an Act creating the Board of Funeral Service and regulating the practice of embalming and funeral directing, approved February 13, 1950 (Ga. L. 1950, p. 238), as amended, particularly by an Act approved March 10, 1960 (Ga. L. 1960, p. 806), so as to provide that apprentice service as a requirement for licensing may be earned on a part-time basis; 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 Funeral Service and regulating the practice of embalming and funeral directing, approved February 13, 1950 (Ga. L. 1950, p. 238), as amended, particularly by an Act approved March 10, 1960 (Ga. L. 1960, p. 806), is hereby amended by inserting in paragraph (b) of subsection (2) of section 9, after the following: 24 months, the following: , or its equivalent on a part-time basis pursuant to appropriate rules and regulations adopted by the Board,, so that when so amended paragraph (b) shall read as follows:

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(b) have completed either before or after such scholastic training a minimum of 24 months, or its equivalent on a part-time basis pursuant to appropriate rules and regulations adopted by the Board, of service as an apprentice embalmer, under the direct supervision of a licensed embalmer actively engaged in the practice of embalming in this State and in the same funeral establishment with the apprentice. Section 2. Said Act is further amended by inserting in paragraph (a) of subsection (3) of section 9, after the following: thirty-six months, the following: ,or its equivalent on a part-time basis pursuant to appropriate rules and regulations adopted by the Board,, so that when so amended paragraph (a) shall read as follows: (a) have completed thirty-six months, or its equivalent on a part-time basis pursuant to appropriate rules and regulations adopted by the Board, as an apprentice funeral director under the direct supervision of a licensed funeral director actively engaged in the practice of funeral directing in this State and in the same funeral establishment with the apprentice. 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 24, 1975.

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ROADSENFORCEMENT OF LOAD LIMITATION PROVISIONS CHANGED. Code 95A-960 Amended. No. 635 (Senate Bill No. 241). An Act to amend Code section 95A-960, relating to the enforcement of load limitations for highways, so as to change the schedule for paying damages to the State for overweight vehicles; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 95A-960, relating to the enforcement of load limitations for highways, is hereby amended by striking in its entirety the second paragraph of subsection (a) and substituting in lieu thereof the following: For the first 1,000 pounds of excess weight, $.008 per pound; plus $.015 per pound for the next 2,000 pounds of excess weight; plus $.03 per pound for the next 2,000 pounds of excess weight; plus $.04 per pound for the next 3,000 pounds of excess weight; plus $.05 per pound for all excess weight over 8,000 pounds. Code 95A-960 amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1975. REAL ESTATE BROKERS AND SALESMENCERTAIN SOLICITATION ACTIVITIES PROHIBITED. No. 637 (Senate Bill No. 246). An Act to amend an Act making certain practices of real estate brokers unlawful, approved March 24, 1970 (Ga. L.

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1970, p. 721), so as to provide that certain solicitation activities of real estate brokers, real estate salesmen or their agents shall be unlawful; to provide penalties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act making certain practices of real estate brokers unlawful, approved March 24, 1970 (Ga. L. 1970, p. 721), is hereby amended by adding at the end of section 1 a new subsection, to be designated subsection (c), to read as follows: (c) It shall be unlawful for any real estate broker or real estate salesman or any agent or employee of a real estate broker or real estate salesman to: (1) solicit by personal contact, advertising, phone or mail, the sale or other disposition of real estate property with such frequency as to amount to clear harassment of the owner when the owner has made no indication that he plans to sell the real estate property; (2) solicit by personal contact, phone or mail, the sale or other disposition of real estate property for any person who has notified said broker or salesman by certified mail, return receipt requested, that he does not wish to be solicited and has sent a copy of such notice to the Georgia Real Estate Commission. A person may send such notice to the broker or salesman and to the Georgia Real Estate Commission either individually or by joining with others in signing a letter of notification. Section 2. Said Act is further amended by striking from subsections (a) and (c) of section 2 the following: Section 1 (a) or (b), and inserting in lieu thereof the following: Section 1 (a), (b) or (c), so that when so amended, section 2 shall read as follows:

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Section 2. (a) Any agent or broker using the acts prohibited in section 1(a), (b) or (c) shall be guilty of a misdemeanor and punished in the manner provided by law. Penalty. (b) The Court shall forward to the Georgia Real Estate Commission a certified copy of the Order of the Court. (c) Upon conviction or plea of guilty or forfeiture of bond of the offense set out in section 1(a), (b) or (c) of this Act it shall be mandatory upon the Georgia Real Estate Commission to revoke the license of said agent or broker for a period of five (5) years from the date of such disposition. Upon the expiration of said five (5) years the agent or broker shall be eligible to make application to the Georgia Real Estate Commission for a license. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1975. CONVENIENCE WAREHOUSE ACT OF 1975. No. 638 (Senate Bill No. 248). An Act to provide requirements relative to certain types of warehouses or storage spaces; to provide for a short title; to provide for definitions and for certain exclusions from the provisions of this Act; to provide for certain required information and for the execution of a certain document under oath; to provide for penalties; 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. Short title. This Act shall be known and may be cited as the Convenience Warehouse Act of 1975.

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Section 2. Definitions. (a) As used in this Act, unless the context clearly requires otherwise, the following terms shall have the following meanings: (1) Person means an individual, corporation, association, partnership or other organization. (2) Convenience warehouse means a series of storage spaces contained in one building or in a series of buildings which are designed and used for the purpose of renting or leasing individual storage spaces to persons in order that any person renting or leasing one or more of such individual storage spaces shall have access for the purpose of storing property therein. (b) Nothing in this Act shall be construed to apply to a public warehouse licensed pursuant to the Act known as the Georgia State Warehouse Act, approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 412), as now or hereafter amended, nor to any person engaged in business as a bonded public warehouseman pursuant to law providing for such bonded public warehouseman. Section 3. Requirements for convenience warehouses. (a) Any person engaged in the business of operating a convenience warehouse shall obtain from each person renting or leasing a storage space the following information: (1) His name, age, home address and home telephone number, if any; (2) His Social Security number, if any; (3) His driver's license number, if any; and (4) The name and address of his employer. (b) In addition to the requirements of subsection (a) hereof, any person renting or leasing a storage space from a convenience warehouse shall sign a written document, under oath, that he is the owner of or has legal possession of any property which he intends to store in the storage space

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rented or leased by him. A copy of such signed document shall be given to the person executing same, and the original thereof shall be retained in the records of the person engaged in the business of operating the convenience warehouse. (c) The information required by subsections (a) and (b) hereof shall be retained by the person engaged in the business of operating the convenience warehouse for a period of at least one year following the last date on which the storage space was rented or leased to the person covered by such information. Section 4. Penalties. (a) Any person engaged in the business of operating a convenience warehouse who fails to obtain the information required by subsection (a) of section 3 of this Act or who rents or leases a storage space without first obtaining the written document required by subsection (b) of section 3 of this Act or who knowingly and willfully fails to comply with subsection (c) of section 3 of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. (b) Any person who intentionally provides any false information pursuant to subsection (a) of section 3 of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. (c) Any person who knowingly provides false information in executing the document required by subsection (b) of section 3 of this Act shall be guilty of the crime of false swearing within the meaning of Code section 26-2402 and upon conviction thereof shall be punished as provided by said Code section 26-2402. Section 5. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1975.

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GEORGIA CODE OF PUBLIC TRANSPORTATION AMENDED. Code 95A-802 Amended. No. 639 (Senate Bill No. 251). An Act to amend an Act approved April 18, 1973, known as the Georgia Code of Public Transportation (Ga. L. 1973, p. 947), as amended by an Act approved March 21, 1974 (Ga. L. 1974, p. 533), and an Act approved March 28, 1974 (Ga. L. 1974, p. 1111), and an Act approved March 28, 1974 (Ga. L. 1974, p. 1422), so as to make certain grammatical corrections; to provide for, and clarify the positions of parties to, procurement contracts involving business, professional, or other services; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act approved April 18, 1973, known as the Georgia Code of Public Transportation (Ga. L. 1973, p. 947), as amended by an Act approved March 21, 1974 (Ga. L. 1974, p. 533), and an Act approved March 28, 1974 (Ga. L. 1974, p. 1111), and an Act approved March 28, 1974 (Ga. L. 1974, p. 1422), is hereby amended by striking from the end of subsection (d)(1)(B) of section 95A-802 the following: : or, and by inserting in lieu thereof the following: ;. Code 95A-802 amended. Section 2. Said Act is further amended by striking from the end of subsection (d)(1)(C) of section 95A-802 the following: ., and by inserting in lieu thereof the following: ; or. Code 95A-802 amended.

Page 1160

Section 3. Said Act is further amended by adding at the end of subsection (d)(1) of section 95A-802 the following: (D) For the procurement of business, professional, or other services from any person, firm, or corporation as an independent contractor.; so that when so amended, subsection (d)(1) of section 95A-802 of said Act shall read as follows: (d) Negotiated construction contracts. (1) The Department is prohibited from negotiating any contract for the construction or maintenance of a public road involving the expenditure of $5,000 or more except contracts: Code 95A-802 amended. (A) With counties, municipalities, State agencies, provided that such negotiated contract shall be made at the average bid price of the same kind of work let to contract after advertisement during a period of 60 days prior to the making of the contracts; (B) With a railroad company or utility concerning relocation of its tracks or facilities, where the same are not then located on a public road and such relocation is necessary as an incident to the construction or improvement of a public road: Provided, that nothing contained in this subsection shall be construed as requiring the Department to furnish a site or right-of-way for railroad or railway lines or tracks or utility facilities required to be removed from a public road: Provided further, that this subsection shall not prevent the Department from assisting the removal and relocation of publicly owned utilities from locations on public roads as provided in section 95A-1001; (C) For emergency construction or maintenance involving the expenditure of $5,000 or more when the public interest requires that the work be done without the delay to advertising for public bids; or (D) For the procurement of business, professional, or other services from any person, firm, or corporation as an independent contractor.

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Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1975. GRANTS TO STUDENTS ATTENDING PRIVATE COLLEGESACT AMENDED. No. 640 (Senate Bill No. 255). 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), as amended, so as to provide that eligible students must be full-time students; to define the term full-time student; to provide for refund of grants paid in accordance with regulations of the Authority; to provide an effective date; 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), as amended, is hereby amended by striking subparagraph (b) of section 3 of said Act in its entirety and inserting in lieu thereof a new subparagraph (b) to read as follows: (b) enrolls or plans to enroll as a full-time student at an approved institution as a:

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(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 student during any academic year following the 1974-75 academic year, provided funds are appropriated for payment of grants to graduate students; Section 2. Said Act is further amended by adding the following new paragraph to subparagraph (c) of section 3 of said Act to read as follows: The term `full-time student' shall mean a student who enrolls or plans to enroll for a minimum of twelve academic hours in the case of undergraduate students, or ten academic hours in the case of graduate students and students who are inmates in an institution administered by the Department of Corrections. Section 3. Said Act is further amended by striking section 5 of said Act in its entirety and inserting in lieu thereof a new section 5 to read as follows: Section 5. In the event a student on whose behalf a grant is paid shall not enroll as a full-time student for the school term for which the grant is paid, the institution shall make a refund to the Authority in accordance with regulations of the Authority. Section 4. The provisions of this Act shall become effective as of the beginning of the 1976-77 academic year. Effective date. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1975.

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GEORGIA CORRECTIONAL INDUSTRIES ACT AMENDEDCERTAIN INMATE COMPENSATION PROVIDED, ETC. No. 641 (Senate Bill No. 262). An Act to amend an Act known as the Georgia Correctional Industries Act, approved March 17, 1960 (Ga. L. 1960, p. 880), as amended by an Act approved April 8, 1968 (Ga. L. 1968, p. 1011), so as to authorize the Administration to compensate certain inmates employed in correctional industries out of funds arising from the sale of goods, products or services produced of provided by inmates working for facilities of the Administration; to provide for the use of retained earnings for certain purposes and under certain conditions; to provide for the allocation of certain percentages of inmate earnings; to provide that an amount not to exceed 20 percent of any surplus earnings shall be creditable to the operating budget of the State operated prison or correctional facility at which the surplus earnings were realized; 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 Correctional Industries Act, approved March 17, 1960 (Ga. L. 1960, p. 880), as amended by an Act approved April 8, 1968 (Ga. L. 1968, p. 1011), is hereby amended by striking subsections (e) and (f) of section 4 in their entirety and adding in lieu thereof new subsections (e) and (f) to read as follows: (e) To utilize any and all inmates who may be made available for its corporate purposes by the State Board of Corrections. Although the Administration shall not be required to make any payment to the State Board of Corrections for the use of such labor, the Administration shall be authorized to pay, under rules and regulations promulgated by the Director and Board of Corrections, compensation to inmates employed in any industry, or performing services at any correctional institution, or performing outstanding

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services in institutional operations; provided, however, such compensation shall only be paid out of funds and earnings arising from the sale of goods or other products manufactured by any facility operated by or under the jurisdiction or supervision of the Administration or from the sale of services provided by or produced from the work of inmates of any facility operating under the jurisdiction or supervision of the Administration; (f) To retain any earnings to be used for capital expansion for operating capital in performing the duties and powers provided under this Act, in the repair, alteration, erection, and maintenance of industrial buildings and equipment, provided that prior legislative approval for new construction and major capital expenditures is secured, for vocational training of inmates without regard to their industrial or other assignments, for payment of compensation to inmates employed in any industry, or performing services at any correctional institution or performing outstanding services in institutional operations provided that those inmates receiving regular wages in correctional industries shall be charged a realistic part of their wages to pay a percentage of the cost of their incarceration; to set aside a percentage of an inmate's earnings in an escrow savings account to be used by the inmate upon release and to provide a percentage of an inmate's earnings for family support if indicated and these percentages shall be the same as used in the workrelease program; and in the event that the Administration shall accumulate a surplus in excess of the amount necessary for the efficient operation of the programs authorized by this Act, to turn such surplus over to the State treasury except that an amount not to exceed 20 percent of that part of such surplus earnings as may be attributable to the production or services effort of any given production or other facility operated by or under the jurisdiction or supervision of the Administration shall be creditable to the operating budget of the State operated prison or correctional facility upon which the production facility or services activity was based. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1975. GEORGIA PEACE OFFICERS STANDARDS AND TRAINING ACT AMENDED. No. 642 (Senate Bill No. 271). An Act to amend an Act known as the Georgia Peace Officers Standards and Training Act, approved March 10, 1970 (Ga. L. 1970, p. 208), as amended, particularly by an Act approved April 3, 1972 (Ga. L. 1972, p. 866), and an Act approved April 13, 1973, (Ga. L. 1973, p. 539), so as to provide that the membership of the Council shall include the Commissioner of the Department of Public Safety or his designee; to redefine the terms peace officer and law enforcement unit; to expand the power of the Georgia Peace Officers Standards and Training Council to promulgate rules and regulations; to provide the Georgia Peace Officers Standards and Training Council with the authority to establish the qualifications for school directors and to certify school directors; to provide the Georgia Peace Officers Standard and Training Council with the authority to withdraw and suspend certification of peace officers, school directors, instructors and schools; to provide that staff personnel furnished the Georgia Peace Officers Standards and Training Council by the Department of Public Safety shall be furnished with the advice and consent of the Council; to provide the Georgia Peace Officers Standards and Training Council with authority to administer and retain funds received through gifts, donations and grants; to give the Georgia Peace Officers Standards and Training Council the authority to set minimum standards for the basic training courses for peace officers; to grant the Georgia Peace Officers Standards and Training Council the authority to establish the curricula for recommended advanced and in-service training courses; to provide that the basic

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peace officer courses may be completed at any school which has been approved by the Georgia Peace Officers Standards and Training Council which offers the courses and method of instruction required by the Georgia Peace Officers Standards and Training Council; to provide that the Georgia Peace Officers Standards and Training Council shall receive duplicate copies of records on candidates and peace officers employed under the provisions of the Peace Officers Standards and Training Act and that such records shall be confidential and shall be released only to the courts and to the candidate or peace officer to whom they pertain, or to a law enforcement unit seeking to employ such candidate or peace officer; to provide that no peace officer may be employed except as provided in the Georgia Peace Officers Standards and Training Act unless certification from the Georgia Peace Officers Standards and Training Council is forthcoming; to exempt certain peace officers from the certification requirements of the Georgia Peace Officers Standards and Training Act; to provide that exempt peace officers may subsequently become subject to the certification requirements of the Georgia Peace Officers Standards and Training Act; to provide that the Georgia Peace Officers Standards and Training Council may recognize equivalent instruction received by exempt peace officers who subsequently desire to or are required to meet the certification requirements of the Georgia Peace Officers Standards and Training Act; to provide that any peace officer who does not comply with the provisions of this Act shall not be authorized to exercise the powers of law enforcement officers, generally and particularly shall not be authorized to exercise the powers of arrest; to provide that the Council is authorized to bring a civil action against a peace officer who does not comply with the provisions of this Act to enjoin that officer from the performance of any and all functions of a peace officer; to provide that the Council is authorized to bring a civil action against a law enforcement unit who employs a peace officer who is not in compliance with this Act to enjoin such law enforcement unit from allowing such peace officer to perform any and all functions of a peace officer; to specify when persons appointed or employed as emergency peace officers

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may act in that capacity; to provide for the reimbursement of certain costs incurred by counties and municipalities; to authorize the Council to promulgate rules and regulations relative to the reimbursement of certain costs incurred by counties and municipalities; to provide that only specifically appropriated funds shall be used for the reimbursement of certain costs incurred by counties and municipalities; 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 known as the Georgia Peace Officers Standards and Training Act, approved March 10, 1970 (Ga. L. 1970, p. 208), as amended, particularly by an Act approved April 3, 1972 (Ga. L. 1972, p. 866), and by an Act approved April 13, 1973 (Ga. L. 1973, p. 539), is hereby amended by striking the words, Director of the Georgia Department of Public Safety, in subsection (a) of section 3 and substituting in lieu thereof the words, Commissioner of the Department of Public Safety or his designee, so that subsection (a) of section 3 when so amended shall read as follows: (a) The Attorney General of Georgia or his designee, the Commissioner of the Department of Public Safety or his designee, the President of the Georgia Chiefs of Police Association, the President of the Georgia Sheriffs' Association, the President of the Georgia Municipal Association or his designee, the President of the Association County Commissioners of Georgia or his designee, and the President of the Peace Officers Association of Georgia shall be ex officio members of the Council, as full voting members of the Council by reason of their office. Section 2. Said Act is further amended by striking subsection (d) of section 2 in its entirety and inserting in lieu thereof a new subsection (d) to read as follows:

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(d) `Peace Officer' means any employed or appointed officer or member of a law enforcement unit of the Department of Public Safety, the Georgia Bureau of Investigation, the Department of National Resources, the Department of Revenue Alcohol and Tobacco Tax Unit Enforcement Section, a municipality, a county or a railroad, who has the power of arrest, and who is responsible for enforcing the criminal laws of this State or its political subdivisions; sheriffs and constitutional officers who hold elective office are not considered peace officers under the provisions of this Act. `Peace Officer' shall also mean an investigator who is employed under the Secretary of State who has the power of arrest. Sheriffs and constitutional officers who hold elective office may at their own discretions seek and be granted certification by meeting any and all requirements set forth by this Act. Peace officer defined. Section 3. Said Act is further amended by striking subsection (e) of section 2 in its entirety and inserting in lieu thereof a new subsection (e) to read as follows: (e) `Law Enforcement Unit' means the officers of the Department of Public Safety, Georgia Bureau of Investigation, the Department of Natural Resources, Department of Revenue Alcohol and Tobacco Tax Unit Enforcement Section and a police force or sheriff's office of a municipality or a county whose primary duty is detecting crime and enforcing the criminal laws of this State or its political subdivisions. Law enforcement unit defined. Section 4. Said Act is further amended by striking section 6 in its entirety and inserting in lieu thereof a new section 6 to read as follows: Section 6. The Council is vested with the following functions and authority: (a) To meet at such times and places as it may deem necessary; Powers. (b) To contract with other agencies, public or private, or persons as it deems necessary for the rendering and affording of such services, facilities, studies and reports to

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the Council as will best assist it to carry out its duties and responsibilities; (c) To cooperate with and secure cooperation of every department, agency, or instrumentality in the State government or its political subdivisions in the furtherance of the purposes of this Act; (d) To establish criteria to be used in certifying schools authorized to conduct training required by this Act, to certify schools as authorized to conduct training required by this Act, to prescribe minimum qualifications for directors of schools certified to conduct training required by this Act, to certify such school directors, to establish minimum qualifications for instructors at schools certified to conduct training required by this Act, to train instructors, to certify instructors authorized to conduct training required by this Act, to annually reevaluate certified schools to determine if such schools shall continue to be certified and to withdraw or suspend certification of schools, school directors and instructors which fail to continue to meet or maintain, at any given time, the criteria and qualifications required for school, school director, or instructor certification; (e) To determine whether a candidate has met the requirements of this Act and is qualified to be employed as a peace officer, and to issue a certificate to those so qualified; (f) To certify to designated law enforcement units a candidate's successful completion of the course; (g) To withdraw or suspend certification of any certified peace officer who shall subsequent to certification be convicted by any State or by the federal government of any crime, the punishment for which could have been imprisonment in a federal or State prison or institution or be convicted of sufficient misdemeanors to establish a pattern of disregard for the law, or be suspended or discharged by his employing law enforcement unit for disciplinary reasons; (h) To do any and all things necessary or convenient to enable it to wholly and adequately perform its duties and to exercise the power granted to it;

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(i) To establish and modify the curriculum, including the methods of instruction, composing the basic training courses and to set the minimum number of hours therefor; (j) To establish and recommend curricula for such advanced, in-service and specialized training courses as the Council shall deem advisable and to recognize the completion of such courses by the issuance of certificates; (k) To adopt in accordance with the Georgia Administrative Procedure Act (Ga. L. 1964, p. 338), such rules and regulations as are necessary to carry out the purposes of this Act. Section 5. Said Act is further amended by striking section 7 in its entirety and inserting in lieu thereof a new section 7 to read as follows: Section 7. The Council's staff, clerical and technical assistants and other personnel, supplies, material, equipment, and other articles necessary for the purposes of this Act, shall be provided by the Department of Public Safety with the advice and consent of the Council. The funds necessary to carry out the provisions of this Act shall come from the funds appropriated to and available to the Department of Public Safety, and from any other available funds. The Council is hereby authorized to accept and use gifts, grants and donations for the purpose of carrying out the provisions of this Act. The Council is also authorized to accept and use property, both real and personal, and services, for the purpose of carrying out the provisions of this Act. Any funds, property or services received as gifts, grants or donations shall be kept separate and apart from any funds received by the Department of Public Safety and such funds, property, or services so received by gifts, grants or donations shall be the property and funds of the Council and as such shall not lapse at the end of each fiscal year but shall remain under the control and subject to the direction of the Council to carry out the provisions of this Act. Funds. Section 6. Said Act is further amended by striking section 9 in its entirety and inserting in lieu thereof a new section 9 to read as follows:

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Section 9. In addition to complying with the preemployment standards as set forth above, each and every candidate shall satisfactorily complete hereinafter referred to as `basic' course, within twelve (12) months of the date of his appointment as a peace officer; however, an extension of the twelve (12) months time limit may be granted by the Council upon the presentation of evidence by a department head that a candidate was unable to complete the basic course due to illness, injury, military service, or other reasons deemed sufficient by the Council. Any extension shall not exceed three months in duration. The Council shall have the authority to recognize instruction received by a candidate if, in the determination of the Council, such instruction is at least equivalent to that required by this Act. If such instruction is recognized then it shall be in lieu of part or parts of the minimum hours of instruction required for certification by this Act. Should any candidate fail to successfully complete the basic training requirements within the time specified in this section, he shall not perform any of the duties of a peace officer involving the power of arrest until such training shall have been successfully completed. Qualifications. Section 7. Said Act is further amended by striking section 10 in its entirety and inserting in lieu thereof a new section 10 to read as follows: Section 10. The basic course shall be completed at any school certified by the Council which provides the course requirements and methods of instruction established by the Council. Course. Section 8. Said Act is further amended by striking section 12 in its entirety and inserting in lieu thereof a new section 12 to read as follows: Section 12. Each law enforcement unit shall prepare duplicate records on any candidate or peace officer employed under the provisions of this Act as may be prescribed by the rules and regulations of the Council. One copy of the record shall be maintained in the headquarters of the law enforcement unit; the second copy shall be forwarded to the Council and shall be maintained at the Council. The contents

Page 1172

of these records, except for court proceedings, shall be considered as confidential and shall be released only to the candidate or peace officer to whom they pertain or to a law enforcement unit considering the candidate or peace officer for employment. Records. Section 9. Said Act is further amended by striking section 13 in its entirety and inserting in lieu thereof a new section 13 to read as follows: Section 13. (a) None of the provisions of this Act shall apply to peace officers presently employed by law enforcement units in this State. A presently employed peace officer may choose to be certified under this Act and if so the Council shall have the authority to recognize equivalent instruction received by the peace officer before the effective date of this Act; if such instruction is recognized then it shall be in lieu of part or parts of the minimum hours of instruction required for certification by this Act. After the effective date of this Act, no peace officer may be employed, except as otherwise provided in this Act, by any law enforcement unit without certification from the Council that the candidate has met the requirements provided for in this Act. Exemption. (b) If, subsequent to July 1, 1975, a peace officer exempted from certification by section 13 of this Act shall be employed by a law enforcement unit other than the one employing such peace officer on July 1, 1975, such officer will become subject to the certification requirements of this Act. In the case of a peace officer exempted by section 13 of this Act seeking certification as a result of the requirements of this section, the Council shall be authorized to recognize equivalent instruction received by the peace officer; if such instruction is recognized then it shall be in lieu of part or parts of the minimum hours of instruction required for certification by this Act. (c) Peace officers presently employed by the Georgia Bureau of Investigation, the Department of Natural Resources and the Department of Revenue Alcohol and Tobacco Tax Unit Enforcement Section as of July 1, 1975, shall be exempt from the certification provisions of this Act. Such

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exemption shall continue only so long as the exempt peace officer is employed by the law enforcement unit employing such peace officer on July 1, 1975. Should the employment with the law enforcement unit employing a peace officer exempted pursuant to this section on July 1, 1975, be severed and such exempt officer subsequently be employed by a law enforcement unit other than the one by which he was employed on July 1, 1975, such peace officer will then become subject to the certification provisions of this Act. Any peace officer exempted by this section may, at his discretion, seek certification. In the case of a peace officer exempted by this section voluntarily seeking certification or seeking certification subsequent to being employed by a law enforcement unit other than the one employing such peace officer on July 1, 1975, the Council shall have authority to recognize equivalent instruction previously received by such peace officer; if such instruction is recognized then it shall be in lieu of part or parts of the minimum hours of instruction required for certification. Nothing in this section shall affect the status of peace officers exempted from certification requirements by section 13 of this Act. Section 10. Said Act is further amended by striking section 14 in its entirety and inserting in lieu thereof a new section 14 to read as follows: Section 14. The provisions of this Act shall not apply to emergency peace officers. `Emergency Peace Officers' shall mean any peace officers who are employed or appointed to act as peace officers during an emergency or disaster, which has been so declared by the chief executive officer of the State and whose status as peace officers is intended to be temporary and for that limited purpose. Exemption. Section 11. Said Act is further amended by striking section 15 in its entirety and inserting in lieu thereof a new section 15 to read as follows: Section 15. Any peace officer so employed who does not comply with the provisions of this Act shall not be authorized to exercise the powers of law enforcement officers, generally and particularly shall not be authorized to exercise

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the power of arrest. The Peace Officers Standards and Training Council is hereby authorized to bring a civil action against any peace officer who does not comply with the provisions of this Act to enjoin such peace officer from performing any and all functions of a peace officer, including the power of arrest, until such officer shall meet the certification requirements of this Act. The Peace Officers Standards and Training Council is hereby authorized to bring a civil action against any law enforcement unit which numbers among its employed or appointed peace officers any peace officer who fails to meet the certification requirements of this Act to enjoin such law enforcement unit from allowing such peace officer to perform any and all peace officer functions, including exercising the power of arrest, until such time as such peace officer shall comply with the certification requirements of this Act. Penalty. Section 12. Said Act is further amended by adding a new section immediately following section 15, to be designated section 15A, to read as follows: Section 15A. To the extent that funds are appropriated for such purpose by the General Assembly, the Council is hereby authorized and directed to reimburse each county and municipality in this State for the cost incurred by each such county or municipality in training its peace officers as required by this Act. The amount reimbursed to each county and municipality shall be equal to the amount paid by each county or municipality shall be equal to the amount paid by each county or municipality in salaries for peace officers who receive the training required by this Act during the period of time such peace officers receive such training. In the event sufficient funds are not appropriated for a fiscal year to fund the full reimbursement provided for herein, then the amount which would otherwise be payable to each county and municipality shall be reduced pro rata on the basis of the funds actually appropriated. Reimbursement to counties and municipalities for each fiscal year shall be based on training received by the peace officers of such counties and municipalities during the immediately preceding fiscal year. The Council shall be authorized to adopt and promulgate appropriate rules and regulations to carry out the provisions of this section. Funds to carry out the provisions

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of this section shall come from funds appropriated to the Department of Public Safety specifically for the purpose of carrying out the provisions of this section. Training costs. Section 13. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 14. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1975. GEORGIA POLICE ACADEMY ACT AMENDED. No. 643 (Senate Bill No. 272). An Act to amend an Act known as the Georgia Police Academy Act, approved March 3, 1962 (Ga. L. 1962, p. 535), to provide that the Board of Public Safety shall have authority over the Georgia Police Academy; to repeal that portion of said Act establishing a Georgia Police Academy Board; to create the position of Superintendent of the Georgia Police Academy; to provide that the Superintendent of the Georgia Police Academy shall be responsible to and report directly to the Board of Public Safety; to provide that the Superintendent of the Georgia Police Academy shall be a classified employee under the State Merit System; to provide a minimum salary for the Superintendent of the Georgia Police Academy; to provide that raises may be given to the Superintendent of the Georgia Police Academy by the Georgia State Personnel Board without the approval of the legislature or the Board of Public Safety; to remove the Department of Public Safety from the administration of the policies and programs of the board; to provide that the academy shall be attached to the Department of Public Safety for administrative purposes only; to provide that the superintendent shall seek the assistance of the State Board of Education; to

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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 transfer authority over the Georgia Police Academy to the Board of Public Safety; to amend an Act creating the Department of Public Safety, approved March 19, 1937 (Ga. L. 1937, p. 322), as amended, so as to authorize certain members of the Uniform Division of the Department of Public Safety to retain their weapons and badges upon leaving the service of the division under honorable conditions; to provide for regulations; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Georgia Police Academy Act, approved March 3, 1962 (Ga. L. 1962, p. 535), is hereby amended by striking the words Georgia Police Academy Board created hereinafter as they appear in section 2(a) of the Georgia Police Academy Act and substituting in lieu thereof the words Board of Public Safety, so that, when amended, section 2(a) of the Georgia Police Academy Act shall read as follows: (a) `Board' shall mean the Board of Public Safety. Section 2. Said Act is further amended by striking section 3 in its entirety. Section 3. Said Act is further amended by renumbering section 4 as section 3. Section 4. Said Act is further amended by adding a new section 4 to read as follows: Section 4. (a) The Board of Public Safety shall hire a Superintendent of the Georgia Police Academy whose duties shall be to administer the policies and programs of the board regarding the Georgia Police Academy. The superintendent shall be responsible to the board for the management and control of the Georgia Police Academy and shall report directly to the board. Superintendent.

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(b) The Superintendent of the Georgia Police Academy shall be a classified employee under the State Merit System. Section 5. 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. Administration and Funds. (a) The academy is assigned to the Department of Public Safety for administrative purposes only as prescribed in section 3 of the Executive Reorganization Act of 1972, approved April 6, 1972 (Ga. L. 1972, p. 1015). (b) The board is hereby authorized to accept gifts, grants and donations, for the purposes of carrying out the provisions of this Act. The board is also authorized to accept property, both real and personal, and services, for the purpose of carrying out the provisions of this Act. In administering the policies and programs of the board, the superintendent shall seek the assistance of the State Board of Education, which is hereby authorized and directed to cooperate and work with the superintendent. Section 6. An Act known as the Executive Reorganization Act of 1972, approved April 6, 1972 (Ga. L. 1972, p. 1015), is hereby amended by striking section 1607 in its entirety and substituting in lieu thereof a new section 1607 to read as follows: Section 1607. Georgia Police Academy BoardFunctions transferred to Board of Public Safety. All the functions of the Georgia Police Academy Board created in Ga. L. 1962, p. 535 (Ga. Code Ann. section 32-3201), are transferred to the Board of Public Safety, provided for in section 18 of this Act. Unless inconsistent with this Act, any reference in Georgia laws to the Georgia Police Academy Board means the Board of Public Safety. Section 7. An Act creating the Department of Public Safety, approved March 19, 1937 (Ga. L. 1937, p. 322), as amended, is hereby amended by adding at the end of the

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first paragraph of section 9, after the words State of Georgia, the following: ; provided, however, that after a member has accumulated 25 years of service in the Uniform Division of the Department of Public Safety, upon leaving the division under honorable conditions such member shall be entitled as part of his compensation to retain his weapon and badge pursuant to regulations promulgated by the commissioner., so that when so amended, the first paragraph of section 9 shall read as follows: The Director of the Department of Public Safety shall, within the limit of the appropriation, provide the members of the Uniform Division of the Department of Public Safety with proper uniforms, suitable to the season, and also with emergency and first aid outfits, weapons, horses, horse equipment, motor vehicles with radio equipment, if such be available, and all other necessary supplies and equipment for the purpose of carrying out the provisions of this Act, the same to remain the property of the State of Georgia; provided, however, that after a member has accumulated 25 years of service in the Uniform Division of the Department of Public Safety, upon leaving the division under honorable conditions such member shall be entitled as part of his compensation to retain his weapon and badge pursuant to regulations promulgated by the commissioner. Section 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1975.

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VITAL RECORDSPROVISIONS OF ACT CHANGED. Code Chapter 88-17 Amended. No. 644 (Senate Bill No. 294). An Act to amend Code Chapter 88-17, relating to vital records, as amended, so as to provide for the payment of certain fees to all local registrars and custodians of vital records; to provide that the department shall complete and register delayed birth certificates; to provide that burial permits shall be issued within 72 hours after death; to allow the department to make amendments to vital records according to its rules and regulations; 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 88-17, relating to vital records, as amended, is hereby amended by striking in its entirety Code section 88-1707, relating to compensation of local registrars and local custodians, and substituting in lieu thereof a new Code section 88-1707 to read as follows: 88-1707. (a) The director shall certify to the treasurer of the county each month the number of birth and death certificates and stillbirth reports with respect to his county and the amount due. Upon certification, any fees due here-under shall be paid by the treasurer out of the general fund of the county. (b) Each local registrar shall receive from the county the sum of one dollar ($1.00) for each complete certificate of birth, death or stillbirth which occurred in his county and is personally signed by him within the time prescribed by this Chapter. A fee of fifty cents ($.50) shall be paid for certificates filed after the three or ten-day limit. (c) The local custodian of vital records shall be paid a fee of twenty-five cents ($.25) for each birth, death and stillbirth certificate properly recorded and indexed by him,

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said fee to be paid from county funds by the county treasurer. (d) Notwithstanding any other provision of this section, in counties where the local registrar and local custodian of vital records are employees of the county board of health, fees payable under this subsection shall be paid to the county board of health and by it remitted to the county treasurer monthly. Section 2. Said Code Chapter 88-17 is further amended by striking in its entirety subsection (a) of Code section 88-1711, relating to delayed registration of births, and substituting in lieu thereof a new subsection (a) to read as follows: (a) When the birth of a person who was born in this State has not been registered, a certificate shall be completed and registered by the department in accordance with its regulations. Such certificate shall be registered subject to the evidentiary requirements as may be prescribed by the department's regulations to substantiate the alleged facts of birth. Code 88-1711 amended. Section 3. Said Code Chapter 88-17 is further amended by striking in its entirety subsection (a) of Code section 88-1717, relating to burial permits, and substituting in lieu thereof a new subsection (a) to read as follows: (a) The funeral director or person acting as such who first assumes custody of a dead body or fetus shall obtain a burial-transit permit prior to the final disposition or removal from the State of the body or fetus within 72 hours after death. Code 88-1717 amended. Section 4. Said Code Chapter 88-17 is further amended by striking in its entirety subsection (a) of Code section 88-1721, relating to correction and amendment of vital records, as amended, and substituting in lieu thereof a new subsection (a) to read as follows: (a) A certificate or record registered under this Chapter may be amended in accordance with this Chapter and

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rules and regulations promulgated hereunder to protect the integrity and accuracy of vital records, which regulations shall specify the minimum evidence required for a change in any certificate or record. Amendments to birth and death certificates shall be completed by the department and a copy mailed to the proper local custodian. Amendments to applications for a marriage license or the license shall be completed by the judge of the probate court of the county in which the license was issued. An amendment to divorce reports shall be completed by the clerk of the superior court of the county in which the decree was granted. Code 88-1721 amended. Section 5. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1975. STATE BOARD OF EDUCATION, ETC.AUTHORIZED TO PURCHASE LIABILITY INSURANCE. No. 645 (Senate Bill No. 296). An Act to amend an Act authorizing boards of education to purchase liability insurance or contracts of indemnity

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insuring or indemnifying board members, superintendents, administrators, and other employees against liability for damage in specified instances, approved April 18, 1973 (Ga. L. 1973, p. 1267), so as to authorize the State Board of Education and boards of control of cooperative educational service agencies to purchase such liability insurance or contracts of indemnity; 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 authorizing boards of education to purchase liability insurance or contracts of indemnity insuring or indemnifying board members, superintendents, administrators, and other employees against liability for damage in specified instances, approved April 18, 1973 (Ga. L. 1973, p. 1267), is hereby amended by striking sections 2, 3 and 4 in their entirety and substituting in lieu thereof new sections 2, 3 and 4 to read as follows: Section 2. Liability Coverage. In addition to other compensation paid to members of the State Board of Education, the State Superintendent of Schools, employees of the State Board of Education, and to members of boards of education, superintendents, teachers, principals, officers and employees of boards of control of cooperative educational service agencies, and other administrators and employees of county and other local public school systems, the State Board of Education, the boards of control of cooperative educational service agencies and the several boards of education of counties, cities and independent school systems, whenever created, are hereby authorized, in their discretion, to purchase policies of liability insurance or contracts of indemnity insuring or indemnifying the members of the State Board of Education, State Superintendent of Schools, employees of the State Board of Education, officers and employees of boards of control of cooperative educational service agencies and the members of the boards of education, superintendents, teachers, principals, and other administrators and employees against damages arising out of the performance of their duties or in any way connected therewith,

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whether based upon negligence, violation of contract rights, or violation of civil, constitutional, common law or other statutory rights, whether State, federal or both. Such boards may expend State, county, federal and local funds, or any combination thereof, for such purposes. The amount of such insurance or indemnity shall be in the discretion of the respective board. No action shall be maintained against the person or company issuing such insurance or contracting for such indemnity until final judgment has first been entered against the individual covered by such policy or contract, and the existence of such insurance or indemnity shall not be disclosed nor suggested in any action brought against such individual. Section 3. Immunity Not Waived. Nothing herein shall be construed as waiving any immunity or privilege now or hereafter enjoyed by the State Board of Education or the board of control of any cooperative educational service agency or by any board of education or by any member of any such board or by any employee of the State Board of Education, superintendent, principal, teacher, administrator or other employee, nor of any State or other public body, board, agency or political subdivision. Section 4. Defense of Actions. In lieu of obtaining the insurance or indemnity referred to in section 2 hereof, or in addition thereto, such boards may, as part of the compensation and terms of employment of the members thereof and of the officials and employees thereof, adopt policies whereby the board will undertake to defend all or specified civil, criminal or quasi-criminal actions brought or maintained against such members or such officials and employees 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 or federal. Such boards may expend State, county, federal and local funds, or any combination thereof, 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. Provided, however, that any and all legal representation of the State Board of

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Education, the State Superintendent of Schools, and employees of the State Board of Education shall be through the office of the Attorney General of the State of Georgia. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1975. ATTORNEY GENERALEMPLOYMENT OF PRIVATE COUNSEL, ETC. No. 646 (Senate Bill No. 306). An Act to amend an Act approved March 18, 1971 (Ga. L. 1971, p. 98), to authorize the Attorney General to employ private counsel so as to clarify the agencies of the State which may request the Attorney General to employ private counsel; 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 1 of an Act approved on March 18, 1971 (Ga. L. 1971, p. 98), to authorize the Attorney General to employ private counsel is amended by inserting the following words after the word agency in lines 3 and 7 thereof, of any branch of the government and by deleting the word thereof in lines 4 and 8 and inserting the following words after instrumentality in lines 4 and 8 thereof, of the State of Georgia so that, when so amended, section 1 will read as follows: Section 1. The Attorney General, upon the request of any department, office, officer, institution, commission,

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committee, board or other agency of any branch of the government of the State of Georgia or any instrumentality of the State of Georgia, is hereby authorized to select and employ private counsel to perform legal services for such department, office, officer, institution, commission, committee, board or other agency of any branch of the government of the State of Georgia or any instrumentality of the State of Georgia. Section 2. Section 2 of said Act is further amended by inserting the following words after the word agency in line 2 thereof, of any branch of the government and by deleting the word thereof in line 3 and inserting the following words after the word instrumentality in line 3 thereof, of the State of Georgia so that, when so amended, section 2 will read as follows: Section 2. Any department, office, officer, institution, commission, committee, board or other agency of any branch of the government of the State of Georgia or any instrumentality of the State of Georgia is hereby authorized and directed to pay for such requested legal services pursuant to section 1 of this Act upon approval by the Attorney General of the charge therefor. Section 3. The provisions of 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 24, 1975.

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INTERSTATE CIVIL DEFENSE AND DISASTER COMPACT ACT AMENDED. No. 647 (Senate Bill No. 333). An Act to amend an Act known as the Interstate Civil Defense and Disaster Compact Act, approved April 13, 1973 (Ga. L. 1973, p. 459), so as to make the Compact applicable to searches, rescues, actions to increase capability to deal with disasters, and incidents endangering public health or safety which require special equipment, personnel or training; to make the Compact applicable to exchanges of aid between subdivisions of party states; to make the Compact applicable to training and practice activities for disasters or other emergencies; to provide that any aid authorized by the Compact may be furnished by any agency of a party state, a subdivision of such state or a joint agency of two or more party states or subdivisions; to provide that a joint agency providing aid shall be entitled to such reimbursement as a party state would be entitled to; to provide that personnel of a joint, agency, when rendering aid pursuant to the Compact, shall enjoy the same rights, authority and immunity as personnel of party states; to provide that nothing in this amendment shall be construed to exclude from the coverage under the Act any matter, which, in the absence of this amendment, could reasonably be construed to be covered thereby; to provide that nothing in this amendment shall be construed to limit previous or future entry into the Interstate Civil Defense and Disaster Compact of this State with other states; 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 Interstate Civil Defense and Disaster Compact Act, approved April 13, 1973 (Ga. L. 1973, p. 459), is hereby amended by adding a new Article following Article XIV of section 2 to be designated Article XV to read as follows:

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ARTICLE XV (a) This Article shall be in effect only as among those states which have enacted it into law or in which the governors have adopted it pursuant to constitutional or statutory authority sufficient to give it the force of law as part of this Compact. Nothing contained in this Article or in any supplementary agreement made in implementation thereof shall be construed to abridge, impair or supersede any other provision of this Compact or any obligation undertaken by a state pursuant thereto, except that if its terms so provide, a supplementary agreement in implementation of this Article may modify, expand or add to any such obligation as among the parties to the supplementary agreement. (b) In addition to the occurrences, circumstances and subject matters to which preceding articles of this Compact make it applicable, this Compact and the authorizations, entitlements and procedures thereof shall apply to: (1) Searches for and rescue of persons who are lost, marooned, or otherwise in danger. (2) Action useful in coping with disasters arising from any cause or designed to increase capability to cope with any such disasters. (3) Incidents, or the imminence thereof, which endanger the health or safety of the public and which require the use of special equipment, trained personnel or personnel in larger numbers than are locally available in order to reduce, counteract or remove the danger. (4) The giving and receiving of aid by subdivisions of party states. (5) Exercises, drills or other training or practice activities designed to aid personnel to prepare for, cope with or power any disaster or other emergency to which this Compact applies. (c) Except as expressly limited by this Compact or a supplementary agreement in force pursuant thereto, any aid

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authorized by this Compact or such supplementary agreement may be furnished by any agency of a party state, a subdivision of such state, or by a joint agency of any two or more party states or of their subdivisions. Any joint agency providing such aid shall be entitled to reimbursement therefor to the same extent and in the same manner as a state. The personnel of such a joint agency, when rendering aid pursuant to this Compact shall have the same rights, authority and immunity as personnel of party states. (d) Nothing in this Article shall be construed to exclude from the coverage of Articles I-XIV of this Compact any matter which, in the absence of this Article, could reasonably be construed to be covered thereby. (e) Nothing in subsection (a) shall be construed to limit previous or future entry into the Interstate Civil Defense and Disaster Compact of this State with other 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 April 24, 1975. MOTOR VEHICLESCERTAIN VEHICLES MAY BE AUTHORIZED TO USE FLASHING RED LIGHTS. No. 648 (Senate Bill No. 334). 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, particularly by an Act approved April 13, 1973 (Ga. L. 1973, p. 583), so as to authorize certain private motor vehicles to operate with flashing or revolving red lights

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upon certification of the necessity thereof by the State Director of Civil Defense to the Department of Public Safety; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act 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, particularly by an Act approved April 13, 1973 (Ga. L. 1973, p. 583), is hereby amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2 to read as follows: Section 2. It shall be unlawful for any person, firm or corporation to operate any motor vehicle with flashing or revolving red lights, except motor vehicles belonging to any fire department, certified emergency private motor vehicles belonging to volunteer firemen, private motor vehicles certified as having necessity for such operation by the State Director of Civil Defense to the Department of Public Safety, ambulances and motor vehicles belonging to a public utility corporation which has been designated by the Department of Public Safety as an emergency vehicle. 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 24, 1975.

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MOTOR CONTRACT CARRIERS ACTCERTAIN EXEMPTIONS MADE Code 68-502 Amended. No. 649 (Senate Bill No. 349). An Act to amend Code Section 68-502, relating to the definition of certain terms as they pertain to the regulation of motor contract carriers, so as to provide that motor contract carriers shall not include motor vehicles engaged in the transportation of nursery stock, sod grass, potting soil or pine bark nuggets; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 68-502, relating to the definition of certain terms as they pertain to the regulation of motor contract carriers, is hereby amended by striking subparagraph 2(a) of subsection (c) in its entirety and inserting in lieu thereof a new subparagraph 2(a), to read as follows: 2(a) Motor vehicles engaged in the transportation of peanuts in the shell and peaches, nursery stock, sod grass, potting soil, pine bark nuggets, or poultry and processed poultry, or dry fertilizer, or flue-cured tobacco or certain fresh vegetables as follows: cucumbers, tomatoes, beans, green corn, cabbage, peas, potatoes, cantaloupes, watermelons, orka, and green peppers, whether such motor vehicles are owned by the producer or owner of such commodities and products or by any other person; provided, such vehicles do not haul or transport other commodities not exempt by law from the regulations of the Public Service Commission. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1975.

Page 1191

MASTER AND SERVANTWAGE PAYMENT TO SURVIVORS OF DECEASED EMPLOYEES INCREASED. Code 66-103 Amended. No. 651 (Senate Bill No. 368). An Act to amend section 66-103 of the Code of Georgia, which provides for the payment of wages or other monies due deceased employees to certain survivors without the necessity of administration upon the deceased employees' estates, as amended by an Act approved April 9, 1963 (Ga. L. 1963, p. 434), so as to increase the amount of wages that may be paid; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 66-103 of the Code of Georgia providing for payment of wages due deceased employees to certain survivors without the necessity of administration upon the deceased employees' estates, as amended by an Act approved April 9, 1963 (Ga. L. 1963, p. 434), is hereby amended by striking the figure $1,000.00, wherever it appears therein and inserting in lieu thereof the figure $2,500.00, so that when so amended, Code section 66-103 shall read as follows: 66-103. It shall be lawful upon the death of any person employed by the State or any political subdivision thereof or any railroad company or other corporation or individual or partnership doing business in this State, who may have wages or other monies due by said employer, and who shall leave a surviving spouse or minor child or children, to pay all of said sums when they do not exceed $2,500.00 and, in case such sums exceed $2,500.00 to pay the sum of $2,500.00 thereof to the surviving spouse of such employee; in case there be no surviving spouse, but leaves surviving a minor child or children, said sum shall be paid to the duly qualified guardian of said minor child or children without any administration upon the estate of said employee, and said

Page 1192

funds to the amount of $2,500.00 after the death of said employee shall be exempt from any and all process of garnishment. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1975. INSURANCEAPPORTIONMENT OF CERTAIN CASUALTY INSURANCE PROVIDED, ETC. Code Chapter 56-5 Amended. No. 653 (Senate Bill No. 377). An Act to amend Code Chapter 56-5, relating to the rates for casualty, surety, vehicle, property, marine and transportation insurance, as amended, so as to provide for mandatory agreements for apportionment of certain casualty insurance; to provide for a determination of necessity by Commissioner; to provide for approval and revocation of such agreements; to provide for review of practices and activities of adherents to such agreements; to provide for orders by the Commissioner; to provide that this Act shall be cumulative to other law; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 56-5, relating to the rates for casualty, surety, vehicle, property, marine and transportation insurance, as amended, is hereby amended by adding following section 56-512, a new section to be designated section 56-512.1, to read as follows: 561.512.1. Mandatory agreements for apportionment of casualty insurance; determination by Commissioner; approval of Commissioner; review of practices of adherents;

Page 1193

revocation of approval. Agreements shall be made among admitted casualty insurers with respect to the equitable apportionment among them of casualty insurance which may be afforded applicants who are in good faith entitled to but who are unable to procure such insurance through ordinary methods upon the determination by the Commissioner in writing that such an agreement relative to a given kind or kinds of casualty insurance is necessary to protect the health, property and welfare of the citizens of Georgia. All such agreements shall be subject to the approval of the Commissioner and upon his approval shall have the effect of rules and regulations promulgated by the Insurance Commissioner. All such agreements shall be submitted in writing to the Commissioner for his consideration and approval within the period of time specified by the Commissioner in his determination, as provided for in this section, together with such information as he may reasonably require. The approval of such agreements shall comply with the requirements of the rule-making process as set forth in section 56-216 of the Georgia Insurance Code, as now or hereafter amended. The Commissioner shall approve only such agreements as are found by him to contemplate (a) the use of rates which meet the standards prescribed by this Chapter and (b) activities and practices that are not unfair, unreasonable or otherwise inconsistent with the provisions of this Chapter. At any time after such agreements are in effect the Commissioner may review the practices and activities of the adherents to such agreements and if after a hearing upon not less than 10 days' notice to such adherents he finds that any such practice or activity is unfair or unreasonable, or is otherwise inconsistent with the provisions of this Chapter, he may issue a written order to the parties of any such agreement specifying in what respect such act or practice is unfair or unreasonable or otherwise inconsistent with the provisions of this Chapter and requiring the discontinuance of such activity or practice. For good cause, and after hearing upon not less than 10 days' notice to the adherents thereto, the Commissioner may revoke approval of any such agreement.

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The powers contained in this section are cumulative and shall be in addition to all other powers of the Commissioner contained elsewhere in this Title or under the laws of this State. 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 24, 1975. STATE PERSONNEL BOARDPUBLIC SCHOOL EMPLOYEESHEALTH INSURANCE PLAN AUTHORIZED. No. 654 (Senate Bill No. 394). An Act to authorize the State Personnel Board to provide a health insurance plan for public school employees of the State of Georgia; to define certain terms; to provide for the contents of such health insurance plan and persons eligible to participate in such plan; to provide for exclusions; to authorize the Board to execute contracts to provide benefits under such plan; to authorize the establishment of a self-insurance plan; to authorize the inclusion under such plan of retiring public school employees and dependents of public school employees; to provide for the payment of benefits under such plan; to provide for a health insurance fund and contributions thereto; to provide for the financing of the health insurance plan; to provide that local boards of education shall have the option of determining whether or not public school employees within their respective systems shall be covered under the provisions of this Act; to provide for separate insurance programs and for certain funds relative thereto; to authorize the Board to adopt and promulgate the rules and regulations for the administration of such plan; to

Page 1195

provide that this Act shall become effective when funds are appropriated therefor; to provide for all 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. As used in this Act, unless the context clearly requires otherwise, the following words or phrases shall have the meanings hereinafter provided: Definitions. (a) A public school employee means a employee as defined in subsection (5) of section 2 of an Act establishing a retirement system for public school employees in the State public schools and other State-supported schools, approved April 30, 1969 (Ga. L. 1969, p. 998), as amended. (b) The Board means the State Personnel Board. (c) The Director means the State Merit System Director. Section 2. The Board is hereby authorized to establish a health insurance plan for public school employees of the State of Georgia, to adopt and promulgate rules and regulations for its administration, subject to the limitations contained in this Act, which may provide for group hospitalization, surgical and medical insurance against the financial costs of hospitalization, surgery, medical treatment and care, and may also include, among other things, prescribed drugs, medicines, prosthetic appliances, hospital inpatient and outpatient service benefits, and medical expense indemnity benefits, including major medical benefits. Rules. Section 3. Such health insurance plan shall not include expenses incurred by, or on account of, an individual prior to the effective date of the plan as to him; services received for injury or sickness due to war or any act of war, whether declared or undeclared, which war or act of war shall have occured after the effective date of this plan; expenses for which the individual is not required to make payment; expenses to the extent of benefits provided under any employer

Page 1196

group plan other than this plan, in which the State participates in the cost thereof, and such other expenses as may be excluded by the regulations of the Board. Exemptions. Section 2. The health insurance plan shall be designed by the Board to (a) provide a reasonable relationship between the hospital, surgical and medical benefits to be included, and the expected distribution of expenses of each such type to be incurred by the covered employees and dependents, and (b) include reasonable controls, which may include deductible and coinsurance provisions applicable to some or all of the benefits, to reduce unnecessary utilization of the various hospital, surgical and medical services to be provided, and to provide reasonable assurance of stability in future years of the plan. Section 5. (a) Said Board is hereby authorized to execute a contract or contracts to provide the benefits determined upon under the plan in accordance with the provisions of this Act. Such contract or contracts may be executed with one or more corporations licensed to transact accident and health insurance business in this State. All of the benefits to be provided under the health insurance plan may be included in one or more similar contracts, or the benefits may be classified into different types with each type included under one or more similar contracts issued by the same or different companies. A reasonable time before entering into any insurance contract hereunder, said Board shall invite proposals from such qualified insurers as, in the opinion of the Board, would desire to accept any part of the insurance coverage authorized by this Act. Contracts. (b) Said Board may arrange with any corporation licensed to transact accident and health insurance business in this State issuing any such contract to reinsure portions of of such contract with any other such corporation which elected to be a reinsurer and is legally competent to enter into a reinsurance agreement. The Board may designate one or more of such corporations as the administering corporation or corporations. Each employee who is covered under any such contract or contracts shall receive a certificate setting forth the benefits to which the employee and his

Page 1197

dependents are entitled thereunder, to whom such benefits shall be payable, to whom claims should be submitted, and summarizing the provisions of the contract principally affecting the employee and his dependents. Such certificate shall be in lieu of the certificate which the corporation or corporations issuing such contract or contracts would otherwise issue. The corporation eligible to participate as reinsurers, and the amount of coverage under the contract or contracts to be allocated to each issuing corporation or reinsurer, may be redetermined by the Board for and in advance of any contract year after the first year and with any modifications thereof it deems appropriate to carry out the intent of such subdivision, subject to such limitations as set forth in this Act. The Board may at the end of any contract year discontinue any contract or contracts it has executed with any corporation or corporations, and replace it or them with a contract or contracts in any other corporation or corporations meeting the requirements of this section, or may in its discretion, establish a self-insured plan in whole or in part. Section 6. The contract or contracts shall provide for health insurance for retiring public school employees and their spouses and dependent children, as defined by the regulations of the Board, under such terms as the Board may deem appropriate. The Board shall adopt regulations prescribing the conditions under which an employee or retiring employee may elect to participate in or withdraw from the plan. Retiring employees. Section 7. Each employee shall be entitled to have his spouse and dependent children, as defined by the regulations of the Board, included in the coverage, upon agreeing to pay his contributions to the cost of such coverage for such dependents. The Board shall adopt regulations governing the discontinuance and resumption by employees of coverage for dependents. Coverage. Section 8. Any benefits payable under the plan may be made either directly to the attending physicians, hospitals, medical groups, or others furnishing the services upon which a claim is based, or to the covered employee, upon presentation

Page 1198

of valid bills for such services, subject to such provisions to facilitate payment as may be made by the Board. Benefits. Section 9. There is hereby created a health insurance fund for public school employees which shall be available without fiscal year limitations for premium, subscription charges, benefits, and administration costs. The amounts contributed by the State or from Federal funds to such health insurance fund, pursuant to this Act shall be credited to such health insurance fund. All other income as well as the income derived from dividends, premium rate adjustments or other refunds under any such contract or contracts shall be credited to and constitute a part of such fund. Any amounts remaining in such fund after all premiums or subscription charges and other expenses have been paid shall be retained in such fund as a special reserve for adverse fluctuation. The Director shall be the custodian of such health insurance fund, and shall be responsible under a properly approved bond for all monies coming into said fund, and paid out of said fund, as may be required to be paid to any contracting corporation under any contract entered into pursuant to the provisions of this Act, and to cover administrative costs. Fund. Section 10. During any period in which an employee is covered under the health insurance plan authorized by this Act prior to the date of his retirement, there shall be withheld from each salary payment of such employee, as his share of the cost of coverage under this plan, such portion of the premium or subscription charges under the terms of any contract or contracts issued in accordance with this Act as may be established by the Board. During any month in which benefits are being paid by the Public School Employees Retirement System of Georgia to an individual so covered under this program, contributions shall be deducted from such payments in the amounts prescribed by the Board with the consent of the recipient. The State Department of Education shall contribute to said health insurance fund such portion of the costs of such benefits as may be established by the Board up to three per centum of the total outlay for personal services and in addition thereto, an amount to be

Page 1199

established by the Board to defray the cost of administration. Withholding. Section 11. At an appropriate time during each year, the Director shall certify to the State Superintendent of Schools the amount of funds, or the percentage provided for by section 10 hereof, determined by the Board as employer payments for the enusing fiscal year, and in his annual budget for the State Department of Education, the State Superintendent of Schools shall have provision for funds sufficient to pay the Board such required employer payments. Section 12. (a) On July 1, 1975, or on a date as soon thereafter as practicable, as determined by the State Personnel Board, which is hereby defined as the employer commencement date, the Director shall notify the State Superintendent of Schools that the employer payments shall commence on said date. The State Superintendent of Schools shall notify the employees that employee payments will commence on a date, as determined by the Board, which shall not be less than three calendar months following the employer commencement date. The date as established by the Board, with reference to the employee payments is hereby defined as the employee commencement date. Upon establishment of the employer commencement date, the provisions of this Act with reference to such payments shall go into effect. In determining the commencement dates, as provided herein, the Board shall be governed by the money made available by the State to implement the provisions of this Act. (b) All persons who become employees as defined in this Act, on or after the employer commencement date, and who are eligible as specified by rules and regulations of the Board, shall as a condition of their employment become members of this health insurance plan authorized by this Act, except that, any such employee in State service prior to the employer commencement date, who is otherwise eligible in accordance with rules and regulations of the Board, shall have an option to elect coverage in the health insurance plan, and no coverage shall be or become available for anyone rejecting such coverage.

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Section 13. Local school boards shall have the option to determine whether or not the public school employees within their respective systems shall be covered under the provisions of this Act. Any system desiring to maintain or establish their own insurance program shall receive their prorata share of the funds which would otherwise be available to them under the provisions of this Act to defray expenses incurred in connection with maintaining or establishing a separate insurance program. Optional. Section 14. The Board shall promulgate such rules and regulations as may be required for the effective administration of this Act. Rules. Section 15. This Act shall become effective when the General Assembly shall appropriate the necessary funds to implement the provisions of this Act. Effective date. Section 16. 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 17. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1975. MUNICIPAL ELECTRIC AUTHORITY ACT AMENDED. No. 655 (Senate Bill No. 395). An Act to amend an Act creating the Municipal Electric Authority of Georgia (House Bill 31 of the 1975 Georgia

Page 1201

General Assembly), so as to provide that the Authority shall be an instrumentality of the State; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Municipal Electric Authority of Georgia (House Bill 31 of the 1975 Georgia General Assembly), is hereby amended by striking from section 2 the following: a political subdivision, and substituting in lieu thereof the following: an instrumentality, so that when so amended, section 2 shall read as follows: Section 2. Creation of the Authority. There is hereby created a public body corporate and politic to be known as the Municipal Electric Authority of Georgia, which shall be a public corporation of the State of Georgia, and shall have perpetual existence. Said Authority, however, shall not be a State institution nor a department or agency of the State, but shall be an instrumentality of the State, a mere creature of the State, having distinct corporate entity and being exempt from the provisions of the Georgia State Financing and Investment Commission Act, I Ga. L. 1973, p. 750, codified in Ga. Code Ann., Ch. 87-1A. Said Authority shall have its principal office in Fulton County, and its legal situs or residence for the purpose of this Act shall be Fulton County. 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 24, 1975.

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MOTOR VEHICLESRIDING IN TOWED HOUSE TRAILER PROHIBITED. Code 68A-1106 Amended. No. 656 (Senate Bill No. 400). An Act to amend Code Section 68A-1106, relating to riding in house trailers, so as to limit the provisions of said section to towed house trailers; 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 68A-1106, relating to riding in house trailers, is hereby amended by striking said Code section in its entirety and substituting in lieu thereof a new Code section 68A-1106, to read as follows: 68A-1106. Riding in house trailers. No person or persons shall occupy a towed house trailer while it is being towed by a motor vehicle upon a public highway. 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 24, 1975. GEORGIA MOTOR VEHICLE ACCIDENT REPARATIONS ACTMINIMUM INSURANCE PROVISIONS CHANGED, ETC. No. 657 (House Bill No. 17). An Act to amend an Act known as the Georgia Motor Vehicle Accident Reparations Act, approved February

Page 1203

28, 1974 (Ga. L. 1974, p. 113), so as to provide for additional definitions; to change certain definitions; to change the provisions relating to minimum insurance coverage for motor vehicles; to change the provisions relating to survivors' benefits; to change the provisions relating to optional coverages; to change the provisions relating to the acceptance or rejection of optional coverages and the offering of certain optional coverages upon renewals of policies; to change the provisions relating to persons who are not entitled to benefits and to provide that certain additional persons shall not be entitled to benefits; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Georgia Motor Vehicle Accident Reparations Act, approved February 28, 1974 (Ga. L. 1974, p. 113), is hereby amended by striking subsection (h) of section 2 in its entirety and inserting in lieu thereof a new subsection (h) to read as follows: (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 involves the actual operation of a motor vehicle as a vehicle on business premises, or (ii) conduct in the course of loading and unloading the vehicle unless the conduct occurs while occupying it. Section 2. Said Act is further amended by striking sub-section (d) of section 2 in its entirety and inserting in lieu thereof a new subsection (d) to read as follows: (d) The term `disability' shall mean any period of time commencing within twenty four (24) months from the date on which the motor vehicle accident occurred during which an insured is unable to either:

Page 1204

(1) Perform substantially all of the duties required by his usual occupation; or (2) Engage in his principal activity if such person is not employed on at least a full-time basis., and by adding at the end of section 2 a new subsection to be designated subsection (m) to read as follows: (m) The term `funeral services and burial expenses' shall mean any reasonable and necessary expenses normally incurred by the survivors of a deceased person or by the estate of such person for funeral services, preparation for burial, and burial of a deceased person including but not limited to payments for any lands, services, supplies and equipment incidental to such funeral services, preparation for burial, and burial. Section 3. Said Act is further amended by striking the short title of section 3 in its entirety and inserting in lieu thereof a new short title to read as follows: Minimum insurance coverage; motor vehicles, and by striking paragraph (4) of subsection (b) of section 3 in its entirety and inserting in lieu thereof a new paragraph (4) to read as follows: (4) funeral services and burial expenses not to exceed fifteen hundred dollars ($1,500) per person., and by striking from subsection (b) the following: 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 deceased 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.,

Page 1205

and inserting in lieu thereof the following: 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 deceased 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. Survivors benefits shall be payable until exhausted, at least monthly. so that when so amended, section 3 shall read as follows: Section 3. Minimum insurance coverage; motor vehicles. 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 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

Page 1206

(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 and burial expenses 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 paragraph 3 (b) (2) and 3 (b) (3) above shall be payable after such death as though the deceased 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. Survivor's benefits shall be payable until exhausted, at least monthly. 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. Said Act is further amended by striking subsection (a) of section 4 in its entirety and inserting in lieu thereof a new subsection (a) of section 4 to read as follows: Section 4. Optional coverage. (a) Each insurer shall also make available on an optional basis the following coverage:

Page 1207

(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 reduce 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 as determined by the insured without apportionment to cover any of the following expenses incurred by the insured but not compensated for under section 3 (b) of the Act: (i) Any expenses of the type described in section 3 (b) (1); (ii) Eighty-five (85%) percent of the loss of income or earnings during disability; (iii) Expenses of the type described in section 3 (b) (3) not to exceed $20.00 per day; and (iv) Funeral services and burial expenses not to exceed two thousand dollars ($2,000) per person; and 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 deceased 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. Survivors benefits shall be payable until exhausted, at least monthly. (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.

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Section 5. Said Act is further amended by adding a new subsection (c) at the end of section 6, to read as follows: (c) In addition to all other penalties provided for herein in the event that an insurer fails or refuses to pay a person the benefits which such person is entitled to under this Act within sixty (60) days after proper proof of loss has been filed, the person may bring an action to recover such benefits, and if the insurer fails to prove that its failure or refusal to pay such benefits was in good faith, the insurer shall be subject to punitive damages. Penalty. Section 6. Said Act is further amended by striking section 8 in its entirety and inserting in lieu thereof a new section 8 to read as follows: Section 8. 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: (a) while voluntarily occupying a motor vehicle known by him to be stolen; (b) while occupying a motor vehicle owned by such person which is not insured for the benefits required by this Act; (c) due to war, whether or not declared, civil war, insurrection, rebellion or revolution, or to any act or condition incident to any of the foregoing; (d) resulting from the explosion of any nuclear device. Section 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1975.

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CRIMINAL PROCEDUREDEGREE OF FORCE USED TO EFFECTUATE CERTAIN LAWFUL ARREST PROVIDED, ETC. Code 27-207 Amended. No. 658 (House Bill No. 452). An Act to amend Code section 27-207, relating to arrests without a warrant, so as to provide that any rule, regulation or policy of a State agency or ordinance, resolution, rule, regulation or policy of a county, municipality or other political subdivision of the State which conflicts with certain provisions of law shall be null, void and of no force and effect; 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 section 27-207, relating to arrests without a warrant, is hereby amended by designating the present language of said Code section, following the caption, as subsection (a) thereof and by adding thereto the following: (b) Any rule, regulation or policy of any agency of the State or any ordinance, resolution, rule, regulation or policy of any county, municipality or other political subdivision of the State which is in conflict with the provisions of this Code section or Code section 26-902 shall be null, void and of no force and effect., so that when so amended Code section 27-207 shall read as follows: 27-207. Arrest without warrant. (a) An arrest for a crime may be made by an officer, either under a warrant, or without a warrant if the offense is committed in his presence, or the offender is endeavoring to escape, or for other cause there is likely to be failure of justice for want of an officer to issue a warrant.

Page 1210

(b) Any rule, regulation or policy of any agency of the State or any ordinance, resolution, rule, regulation or policy of any county, municipality or other political subdivision of the State which is in conflict with the provisions of this Code section or Code section 26-902 shall be null, void and of no force and effect. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1975. MALT BEVERAGESDESTRUCTION OF CONTRABAND AUTHORIZED. No. 659 (House Bill No. 623). An Act to amend an Act entitled An Act to provide for license and excise taxes upon the business of dealing in malt beverages; to allocate funds derived from such taxes; to provide for the enforcement of this Act; to repeal laws in conflict with this Act; and to provide for the holding of an election to ratify or reject this Act; and for other purposes., approved March 23, 1935 (Ga. L. 1935, p. 73), as amended, particularly by an Act approved April 8, 1968 (Ga. L. 1968, p. 1142), so as to provide that the State Revenue Commissioner or his authorized agents shall destroy any and all malt beverages found to be contraband; 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 Act Act to provide for license and excise taxes upon the business of dealing in malt beverages; to allocate funds derived from such taxes; to provide for the enforcement of this Act; to repeal laws in conflict with this Act; and to provide for the holding of an election to ratify or reject this Act; and for other purposes., approved March 23, 1935 (Ga. L. 1935, p. 73), as amended,

Page 1211

particularly by an Act approved April 8, 1968 (Ga. L. 1968, p. 1142), is hereby amended by deleting from section 17-A the following sentence: If no claim is filed to said goods so seized within 10 days, the same shall be sold at public sale, under such rules and regulations as the Commissioner shall hereafter adopt, and the proceeds of such sale retained by the Commissioner and paid over to the lawful authority to receive revenue from the sale of other alcoholic beverages., and inserting in lieu thereof a new sentence, to read as follows: If no claim is filed to said goods so seized within 10 days, the same shall be destroyed by the State Revenue Commissioner or his authorized agents as contraband. Section 2. The provisions of 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 24, 1975. DEPARTMENT OF HUMAN RESOURCESGOVERNOR AUTHORIZED TO IMPLEMENT INTERNAL REORGANIZATION. No. 660 (House Bill No. 665). 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, reorganizing the Executive Branch of State Government, so as to authorize the Governor to direct and implement such internal reorganization of the Department of Human Resources as he may find necessary to improve the management and administration of

Page 1212

the functions assigned to the Department; to authorize the Governor to direct the establishment of such district health and welfare organizations as he may determine necessary to improve the management and administration of those functions; 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 Executive Reorganization Act of 1972, approved April 6, 1972 (Ga. L. 1972, p. 1015), as amended, reorganizing the Executive Branch of State Government, is hereby amended by adding, following section 1201, relating to the Commissioner of Human Resources, a new section to be designated section 1202 which shall read as follows: 1202. Notwithstanding any other provisions of law, the Governor shall have the power by Executive Order to direct and implement such internal organization of the Department of Human Resources as he may determine necessary to improve the management and administration of the functions vested in the Department, including the power to allocate within such organization the executive authority described in section 1201 of this Act with respect to any, or any grouping of, the functions transferred to the Department by this Act. For these purposes, the Governor hereunder shall have the power by Executive Order to redefine the Department's sub-state structure and to direct the establishment of district health and welfare organizations, as respectively described and with such powers and duties as set forth in Ga. Code section 88-215 and section 9 of the Welfare Reorganization Act of 1937, (Ga. L. 1937, p. 355). The district director of a health district shall be a licensed physician. The district director of health and other executive staff of district health and welfare organizations shall hereafter be appointed by the Department of Human Resources; provided, however, that the Department of Human Resources shall not appoint as a director of any such organization any person whose appointment is not approved by a majority of the respective district board concerned, in a meeting of such board called for that purpose. This section

Page 1213

shall expire on April 1, 1976, but the organization accomplished by Executive Order hereunder shall continue until altered in the manner provided by law. Section 2. This Act shall become effective upon its approval by the Governor or upon its otherwise becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1975. MORTGAGE FORECLOSURE ON PERSONALTYPROVISION DELETED Code Chapter 67-7 Amended. No. 661 (House Bill No. 770). An Act to amend Code Chapter 67-7, relating to the manner of foreclosure of mortgages on personalty, as amended by an Act approved March 21, 1974 (Ga. L. 1974, p. 398), so as to delete a provision relative to attaching a copy of a waiver to a petition; to delete a section providing for the waiver of rights; to provide for foreclosure arising out of commercial transactions; to provide for grounds for an immediate writ of possession; to provide for a bond or waiver to accompany petition for immediate writ of possession; to provide for the issuance of a writ; to provide for notice to defendant; to provide for execution and levy on a writ for immediate possession; to provide for time to file defenses; to provide for the dissolution of writ for immediate possession; to provide for default judgments; to provide for certain definitions; 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 1214

Section 1. Code Chapter 67-7, relating to the manner of foreclosure of mortgages on personalty, as amended by an Act approved March 21, 1974 (Ga. L. 1974, p. 398), is hereby amended by striking the second paragraph of Code section 67-702, relating to petition for writ of possession, which reads as follows: 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 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., Code 67-702 amended. in its entirety. Section 2. Said Code Chapter is further amended by striking Code section 67-708, relating to the waiver of rights, which reads as follows: 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. Code 67-708 repealed. `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 umambiguously waiving some or all of his rights under sections 67-703, -704, -705 and -706 of this Act.,

Page 1215

in its entirety. Section 3. Said Code Chapter is further amended by redesignating Code section 67-709, relating to the posting of bonds for the delivery of certain property, as Code section 67-708 and by adding new Code sections 67-709 through 67-718 to read as follows: 67-709. Foreclosure arising out of commercial transactions. Any person seeking to foreclose an interest in personal property arising out of a commercial transaction under this Chapter may seek an immediate writ of possession from the court before whom the petition is filed if the petition contains a statement of facts, under oath, by the petitioner, its agent or attorney, setting forth the basis of petitioner's claim and a sufficient grounds for issuance of an immediate writ of possession. No such writ shall issue on an interest arising out of a consumer transaction. 67-710. Immediate writ of possession, grounds. The petitioner shall allege under oath specific facts sufficient to show that it is within the power of the defendant to conceal, waste, encumber, convert, convey or remove from the jurisdiction of the court the property which is the subject matter of the petition, or that petitioner's post-judgment remedy would otherwise be inadequate. 67-711. Bond or waiver required for immediate writ of possession. The petition for an immediate writ of possession shall be accompanied by a waiver as defined in section 67-718 of this Chapter or petitioner shall furnish a bond in the amount of petitioner's claim for the payment of damages which the defendant may sustain when the writ is obtained wrongfully. 67-712. Writ to issue. The court before whom the petition is pending shall issue a writ for immediate possession upon finding that petitioner has complied with sections 67-709 through 67-711 of this Chapter. If petitioner is found not to have made sufficient showing to obtain an immediate writ of possession, the court may, nevertheless, treat the petition as one being filed under section 67-702 of this Chapter and proceed accordingly.

Page 1216

67-713. Notice to defendant. When an immediate writ of possession has been granted, a copy of the petition, the affidavits, the waiver or bond and the order shall be served in any manner provided in section 67-703 of this Chapter as if the petition were one filed under section 67-702 of this Chapter. 67-714. Writ for immediate possession, execution and levy. Upon the granting of a writ of immediate possession, the action shall proceed in the manner provided under section 67-707 of this Chapter. 67-715. Writ for immediate possession, time to file defenses. At any time prior to sale or other final disposition of the property by the levying officer or petitioner as provided under section 67-707 of this Chapter, but no later than 30 days after service as provided under section 67-713 of this Chapter, the defendant may appear and file any legal or equitable defense or counterclaim to petitioner's claim, after which a trial of any issue requiring trial shall be had in accordance with the procedure prescribed for civil actions in courts of record. 67-716. Dissolution of writ for immediate possession; defendant may obtain possession of the property. (a) At any time within which the defendant may file defenses as provided under section 67-715 of this Chapter, the defendant may (1) move for a dissolution of the writ which shall be granted unless the petitioner proves the grounds upon which the writ was issued; (2) pay to the court the full amount of petitioner's claim including costs or by furnishing a bond with good and sufficient security for the lesser of value of the property, as determined by the court, after hearing, before whom the matter is pending, or the amount of petitioner's claim, including costs. (b) If the writ is dissolved under paragraphs (1) or (2) of subsection (a) of this section, the action shall proceed on

Page 1217

petitioner's claim as if no writ had issued and any issue requiring trial shall be had in accordance with the procedure prescribed for civil actions in courts of record. 67-717. Default judgment, when. Upon the failure of the defendant to appear and answer within the time provided in section 67-715 of this Chapter, if the service on the defendant was made in such a manner as to comply with section 81A-104 of the Civil Practice Act, default judgment shall be entered against the defendant for the full amount of the petitioner's claim. 67-718. Definitions. (a) `Commercial transaction', as used herein, means a transaction which gives rise to 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. (b) `Consumer transaction' means the sale, lease or rental of goods, services or property, real or personal, primarily for personal, family or household purposes. (c) `Waiver', as used herein, means a written statement signed by the defendant which contains language clearly and unambiguously waiving any and all rights the defendant may have to a notice prior to seizure by a creditor having an interest in personal property of the defendant. No waiver shall be effective unless the interest sought to be foreclosed upon arose out of a commercial transaction. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1975.

Page 1218

DIRECTOR OF CORRECTIONSONLY CERTAIN ATTORNEYS AUTHORIZED TO ACCEPT FEE FOR CONTACTING, ETC. No. 663 (House Bill No. 777). An Act to provide that it shall be unlawful for any one other than a duly licenced attorney, provided the attorney is not a member of the General Assembly, who is an active member in good standing of the State Bar of Georgia to accept a fee, money or other remuneration for contacting in any manner, the Director of Corrections, any employee of the State Board of Corrections, or any member of the State Board of Corrections, in an attempt to influence the Director, employee, or Board member concerning a transfer of an inmate from one correctional institution to another or the status and assignment of an inmate within a correctional institution; to provide a penalty for the violation of this Act; to provide that written records shall be maintained of every person contacting the Director, an employee, or member of the Board; to provide that it shall be unlawful for members of the General Assembly or any other State elective or appointive official to accept a fee, money or other remuneration for contacting, in any manner, the Director of Corrections, any employee of the State Board of Corrections or any member of the State Board of Corrections for certain purposes; to provide for certain exceptions; 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. (a) It shall be unlawful for anyone other than a duly licensed attorney, provided the attorney is not a member of the General Assembly, who is an active member in good standing of the State Bar of Georgia to accept a fee, money or other remuneration other than actual expenses for contacting in any manner, the Director of Corrections, any employee of the State Board of Corrections, or any member of the State Board of Corrections in an attempt to influence the Director, employee, or Board member

Page 1219

concerning a transfer of an inmate from one correctional institution to another or the status and assignment of an inmate within a correctional institution. Penalty. (b) Any person who receives any fee, money or other remuneration other than actual expenses in violation of section 1 (a) shall be guilty of a misdemeanor and shall be punished accordingly. Section 2. The State Board of Corrections shall maintain a complete written record of every person contacting the Director of Corrections, any employee of the State Board of Corrections are any member of the State Board of Corrections concerning a transfer of an inmate from one correctional institution to another or the status and assignment of an inmate within a correctional institution. Such a record shall include the name and address of the person contacting the Director, employee, or Board member, and the reason for the contact. Records. Section 3. (a) It shall be unlawful for members of the General Assembly or any other State elective or appointive official to accept a fee, money or other remuneration for contacting, in any manner, the Director of Corrections, any employee of the State Board of Corrections or any member of the State Board of Corrections in an attempt to influence the Director, employee or Board member concerning a transfer of an inmate from one correctional institution to another or the status and assignment of an inmate within a correctional institution. Nothing herein shall be construed so as to prohibit: (1) Members of the General Assembly, State elective or appointive officials from appearing before or contacting the Director of Corrections, employees of the State Board of Corrections or members of the State Board of Corrections when their official duties require them to do so; (2) Members of the General Assembly, State elective or appointive officials from requesting information from and presenting information to the Director of Corrections, employees of the State Board of Corrections or members of

Page 1220

the State Board of Corrections on behalf of constituents when no compensation, gift, favor or anything of value is accepted, either directly or indirectly, for such services. (3) Nothing in this section shall be construed to prevent any member of the General Assembly or other State elective official from contacting the Director of Corrections, any employee of the State Board of Corrections, or any member of the State Board of Corrections, on behalf of any person so long as there is no fee, money, or other remuneration being paid or received for said contacting. (b) Nothing in this section 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 of official. (c) Nothing contained in this Act shall preclude any attorney from contacting a client who may be in a prison facility or from making any reasonable contact with employees of the Department of Corrections to the extent that such contact with employees may be necessary to contact such client. (d) Any person violating any of the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Penalty. Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1975.

Page 1221

INSURANCEUNINSURED MOTORIST COVERAGE PROVISIONS CHANGED, ETC. Code 56-407A Amended. No. 665 (House Bill No. 800). An Act to amend Code section 56-407A, relating to motor vehicle liability insurance requirements and uninsured motor vehicle coverage, as amended, so as to provide that in cases where the owner or operator of a vehicle causing injury or damages is unknown and an action is instituted against the unknown defendant as John Doe, the residence of such John Doe defendant shall be presumed to be in the county in which the accident causing injury or damages occurred, or in the county of residence of the plaintiff, at the election of the plaintiff in the action; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 56-407A, relating to motor vehicle liability insurance requirements and uninsured motor vehicle coverage, as amended, is hereby amended by adding at the end of the first paragraph of subsection (d) of said section the following: In cases where the owner or operator of a vehicle causing injury or damages is unknown and an action is instituted against the unknown defendant as `John Doe', the residence of such `John Doe' defendant shall be presumed to be in the county in which the accident causing injury or damages occurred, or in the county of residence of the plaintiff, at the election of the plaintiff in the action., so that when so amended, subsection (d) of Code section 56-407A shall read as follows: (d) In cases where the owner or operator of any vehicle causing injury or damages be known, and either or both be named as defendants in any action for such injury or damages, a copy of such action and all pleadings thereto shall be

Page 1222

served as prescribed by law upon the insurance company issuing the policy as though such insurance company were actually named as a party defendant. If either the owner or operator of any vehicle causing injury or damages be unknown, an action may be instituted against the unknown defendant as `John Doe', and a copy of such action and all pleadings thereto shall be served as prescribed by law upon the insurance company issuing the policy as though such insurance company were actually named as a party defendant, and the insurance company shall have the right to file pleadings and take other action allowable by law in the name of `John Doe' or itself. In any case herein where service upon an insurance company is prescribed, the clerk of the court in which the action is brought shall have same accomplished by issuing a duplicate original copy for the sheriff or marshal to place his return of service in the same form and manner as prescribed by law for a party defendant. The return of service upon the insurance company shall in no case appear upon the original pleadings in such case. In the case of a known owner or operator of such vehicle, either or both of whom is named as a defendant in such action, the insurance company issuing the policy shall have the right to file pleadings, and take other action allowable by law in the name of either the known owner or operator or both or itself. Code 56-407A amended. In cases where the owner or operator of a vehicle causing injury or damages is unknown and an action is instituted against the unknown defendant as `John Doe', the residence of such `John Doe' defendant shall be presumed to be in the county in which the accident causing injury or damages occurred, or in the county of residence of the plaintiff, at the election of the plaintiff in the action. A motor vehicle shall not be deemed to be an uninsured motor vehicle within the meaning of this section when the owner or operator of such motor vehicle has deposited security, pursuant to the provisions of section 9 of an Act providing for the giving of security by owners and operators of motor vehicles, approved February 21, 1951 (Ga. L. 1951, p. 565), as amended, in the amount of $10,000.00 where only

Page 1223

one person was injured or killed, $20,000.00 where more than one, or $5,000.00 for property damage. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1975. GEORGIA PRESIDENTIAL PREFERENCE PRIMARY ACT AMENDED. Code Chapter 34-10A Amended. No. 666 (House Bill No. 805). An Act to amend Code Chapter 34-10A, relating to the Georgia Presidential Preference Primary, so as to provide for a Presidential Preference Primary for certain political parties and bodies; to provide for qualifying period and certification date for candidates in the Presidential Preference Primary; to allow for the election or selection of national convention delegates and alternate delegates if provided for by party or body rule; to provide that the election may express a preference among the candidates for nomination for the office of President; to require the establishment of nominating procedures for candidates for national convention delegates and delegate alternates; to provide for the call of a Presidential Preference Primary; to prohibit the assessment of qualifying fees for Presidential candidates and candidates for convention delegates and alternate delegates; to provide that said Primary shall be conducted in the same manner as general primaries; to provide that Party officers may be elected at the same time as the Presidential Preference Primary; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 34-10A, relating to the Georgia Presidential Preference Primary is hereby amended by

Page 1224

striking Code section 34-1002A in its entirety and inserting in lieu thereof the following: Section 34-1002A. As provided in this Chapter, a Presidential Preference Primary shall be held in 1976 and every four (4) years thereafter for each political party or body which had cast for its candidates for President and Vice President in the last presidential election more than twenty percent (20%) of the total vote cast for President and Vice President in the State, so that the electors may express their preference for one (1) person to be the candidate for nomination by his party or body for the office of President of the United States; provided, however, that no elector shall vote in the primary of more than one political party or body in the same Presidential Preference Primary. The dates upon which such primary 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 no earlier than the first (1) day of March and not later than the first (1) 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. A State political party or body may by rule choose to elect any portion of their delegates to that party's presidential nominating convention in said primary, and if it chooses to elect any portion of its delegates such committee shall establish the qualifying period for those candidates for delegate and delegate alternate positions which are to be elected in the primary, and for any party officials to be elected in the primary, as well as the date on which State and County Party Executive Committees shall certify the names of any such candidates who are to be elected in the primary to the Secretary of State or the Judge of the Probate Court, as the case may be. Section 2. Said Chapter is further amended by striking in its entirety section 34-1005A and substituting in lieu thereof a new Code section to be numbered Code section 34-1005A, to read as follows:

Page 1225

Section 34-1005A. The State Executive Committee of each political party or body shall determine the method and procedures by which delegates and delegate alternates to the national nominating conventions are selected as well as adopt any other rule not inconsistent with this Chapter. In the event that any political party or body chooses to elect any or all of the delegates or delegate alternates to said party's national nominating convention in the Presidential Preference Primary, the State Executive Committee of the political party or body shall establish, at least ninety (90) days prior to the Presidential Preference Primary procedures to be followed in the nomination of candidates for delegates and delegate alternates to the nominating convention of the political party or body. A copy of any rule or regulation adopted by the State Executive Committee shall be sent to the Secretary of State within seven (7) days after its adoption to become a public record. Section 3. Said Chapter is further amended by striking in its entirety section 34-1008A and substituting in lieu thereof a new Code section to be numbered Code section 34-1008A, to read as follows: Section 34-1008A. Immediately following the selection of a date as provided in section 34-1002A, it shall be the duty of the Governor to issue his proclamation for such Presidential Preference Primary, a copy of which shall be transmitted promptly by the Secretary of State to the Probate Judge of each county. Section 4. Said Chapter is further amended by striking in its entirety section 34-1009A and substituting in lieu thereof a new Code section to be numbered Code section 34-1009A, to read as follows: Section 34-1009A. No qualifying fee may be assessed for presidential candidates or for candidates for delegate or delegate alternate whose names are listed on a Presidential Preference Primary ballot. Section 5. Said Chapter is further amended by striking in its entirety section 34-1010A and substituting in lieu

Page 1226

thereof a new Code section to be numbered Code section 34-1010A, to read as follows: Section 34-1010A. The State Executive Committee of any political party or body which chooses to elect any or all of said party's delegates and delegate alternates in the primary shall by rule adopted at least ninety (90) days prior to the Presidential Preference Primary, determine the number of delegates and delegate alternates that may be elected from the State-at-Large, or selected in accordance with rules of the State political party or body, and that may be selected from each Congressional District, and for procedures to be followed for designating the candidate to whom a candidate for delegate or delegate alternate is pledged, if any, and for the replacement of delegates or delegate alternates upon death, withdrawal, or disqualification as defined by law or party rule. At least sixty-six and two-thirds percent (66[UNK]%) of all delegates and delegate alternates of any political party or body which chooses to elect any or all of its delegates or delegate alternates in the primary shall be elected on a Congressional District basis, with each Congressional District having proportionately the same number of delegates as shall be mathematically possible. The candidate for delegate or delegate alternate, as the case may be, receiving the highest number of votes within the Congressional District for that delegate or delegate alternate position shall be elected as the delegate or delegate alternate. In the event of a tie among two or more candidates receiving the highest number of votes for delegate or delegate alternate, the State Executive Committee shall elect the delegate or delegate alternate from among such candidates. The delegates or delegate alternates elected from the State-at-Large or in accordance with rules of the State political party or body shall be apportioned as provided by rule of the State political party or body. As to any party which does not choose to elect any of its delegates to said party's national convention in the primary provided herefor, the presidential candidate receiving the highest number of votes in any congressional district shall receive all the delegate votes from such congressional district, and the presidential candidate receiving the highest number of votes statewide shall receive all statewide delegate votes;

Page 1227

provided, however, that no delegate shall be required to vote for such presidential candidate beyond the period set forth in section 34-1006A; and provided further that the provisions of this sentence shall not apply to any party which chooses to elect any or all of its delegates in the primary provided for in this Chapter. Section 6. Said Chapter is further amended by adding at the end of said Chapter a new Code section to be numbered Code section 34-1011A, to read as follows: Section 34-1011A. A Presidential Preference Primary shall be conducted, insofar as practicable, pursuant to the provisions of Code Title 34 respecting general primaries, except as otherwise provided in this Chapter. In setting up the form of the ballot, the Secretary of State shall provide for designating the name of the candidate to whom a candidate for delegate or delegate alternate is pledged, if any. Section 7. Said Chapter is further amended by adding at the end of said Chapter another new Code section to be numbered section 34-1012A, to read as follows: Section 34-1012A. The Presidential Preference Primary may be considered as a general primary for any political party wishing to elect committee members or officers therein. Such party shall prescribe by State Party Charter, Bylaws, or rules and regulations regarding qualifying of candidates and the fixing and publishing of qualifying fees, if any. Section 8. 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

Page 1228

or parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed; provided, however, if this Act or any portion hereof is disapproved by the United States District Court for the District of Columbia or if said Act is submitted to the United States Attorney General and he objects to the enforcement of this Act or any portion hereof, pursuant to the authority granted to said court or to the Attorney General, by the Voting Rights Act of 1965 (42 U.S.C. Section 1973c), the prior law or parts of law shall not be repealed. Approved April 24, 1975. GEORGIA ELECTRICAL CONTRACTORS ACT AMENDEDRULES AUTHORIZED, ETC. No. 667 (House Bill No. 807). An Act to amend an Act known as the Georgia Electrical Contractors Act, approved April 8, 1971 (Ga. L. 1971, p. 583), as amended, so as to grant the Board of Electrical Contractors the powers to adopt rules and regulations for the enforcement of the Act; to grant the Board the powers to revoke or suspend the license of any licensee for violation of the Act or the rules and regulations of the Board; to list certain acts which constitute grounds for revocation or suspension of a license; to eliminate the Electrical Appeals and Advisory Board; 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 Electrical Contractors Act, approved April 8, 1971 (Ga. L. 1971, p. 583), as amended, is hereby amended by striking the period at the end of section 9 and inserting in lieu thereof a semicolon, and by adding two new subsections (d) and (e) to read as follows:

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(d) adopt such rules and regulations as shall be reasonably necessary for the enforcement and implementation of the provisions of this Act and other laws of this State insofar as they relate to electrical contracting; (e) exercise power and duties conferred upon it hereunder in accordance with the Georgia Administrative Procedure Act. In order to facilitate this duty, the Board and the Joint Secretary shall have the power to subpoena throughout the State witnesses, designated documents, papers, books, accounts, letters, photographs, objects and other tangible things, and reprimand any licensee or suspend or revoke or cancel the license of, or refuse to grant, renew or restore a license to any person upon any grounds specified in this Act., so that when so amended, section 9 shall read as follows: Section 9. Powers and Duties of Board. The Board shall: (a) prepare or approve all examinations of applicants for licenses; (b) determine the qualifications of electrical contractors to engage in the business of electrical contracting; (c) investigate alleged violations of the provisions of this Act and any other law of this State pertaining to electrical contracting and any rules and regulations adopted by the Board; (d) adopt such rules and regulations as shall be reasonably necessary for the enforcement and implementation of the provisions of this Act and other laws of this State insofar as they relate to electrical contracting; (e) exercise power and duties conferred upon it hereunder in accordance with the Georgia Administrative Procedure Act. In order to facilitate this duty, the Board and the Joint Secretary shall have the power to subpoena throughout the State witnesses, designated documents, papers, books, accounts, letters, photographs, objects and other

Page 1230

tangible things, and reprimand any licensee or suspend or revoke or cancel the license of, or refuse to grant, renew or restore a license to any person upon any grounds specified in this Act. Section 2. Said Act is further amended by striking section 17 in its entirety and inserting in lieu thereof a new section 17 to read as follows: Section 17. Revocation and Suspension of Licenses. The Board shall, after notice and hearing, have the power to reprimand or power to suspend, revoke or cancel the license of or refuse to grant, renew or restore a license to any person or licensee upon any one of the following grounds: (a) the commission of any false, fraudulent, deceitful act or the use of any forged, false or fraudulent document in connection with the license requirements of this Act or the rules and regulations of the Board; or (b) failure at any time to comply with the requirements for a license under the provisions of this Act; or (c) habitual intemperance in the use of alcoholic spirits, narcotics or stimulants to such an extent as to render the license unsafe or unfit to practice electrical contracting; or (d) engaging in any dishonorable or unethical conduct likely to deceive, defraud or harm the public; or (e) knowingly performing any act which in any way assists an unlicensed person to practice electrical contracting; or (f) violating, directly or indirectly, or assisting in or abetting any violation of any provisions of this Act or any rule or regulation of the Board; or (g) the performance of any faulty, inadequate, inefficient or unsafe electrical work likely to endanger life, health or property. The performance of any work that does not comply with the standard set by the State Electrical Code of Georgia shall be prima facie evidence of the faulty, inadequate, inefficient or unsafe character of such electrical work. Provided, however, that the Board, in its sole discretion, for good cause shown and under such conditions as it may prescribe, may restore a license to any person whose license has been suspended or revoked.

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Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1975. WORKMEN'S COMPENSATION ACT AMENDEDCERTAIN COVERAGE PROVIDED. Code Title 114 Amended. No. 668 (House Bill No. 814). An Act to amend code Title 114, relating to Workmen's Compensation, so as to provide that for the purposes of Workmen's Compensation coverage only, employees of county and district health agencies, which are established under Georgia Code Chapter 88-2 shall be deemed employees of the State of Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Title 114, relating to Workmen's Compensation, as amended, is hereby amended by adding a new sentence at the end of Code section 114-101, said sentence to read as follows: For the purposes of Workmen's Compensation coverage only, employees of county and district health agencies, established under the provisions of Georgia Code Chapter 88-2, are deemed and shall be considered employees of the State of Georgia. Code 114-101 amended. Section 2. This Act shall become effective upon its approval by the Governor or upon its otherwise becoming law without his approval. Effective date.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1975. INSURANCENONRESIDENT ADJUSTERSLICENSING PROVIDED, ETC. Code 56-844b, 56-1103 Amended. No. 669 (House Bill No. 819). An Act to amend Code section 56-844b authorizing agents to adjust and relating to nonresident adjusters, so as to provide for the licensing of nonresident adjusters; to provide for qualifications, applications, license fees; and the practices and procedures in connection with such licensing; to provide for reciprocal agreements; to amend Code section 56-1103, relating to assets which are eligible for deposit by insurers, as amended, so as to provide that all deposits required for authority to transact insurance in Georgia shall consist of any combination of the securities eligible on the investment of capital funds of domestic insurers, as enumerated and described in subsection (3) of section 56-1005, except real estate, notes secured by real estate, stocks, or investment trust or investment company shares; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 56-844b, authorizing agents to adjust and relating to nonresident adjusters, is hereby amended by adding at the end thereof a new subsection (3), to read as follows: (3) An individual residing in another state, licensed therein as an adjuster, may be licensed by the Commissioner as a nonresident adjuster under the following circumstances, in the following manner:

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(a) Upon written application and payment of the required license fee and without requiring a written examination, the Commissioner shall issue a license to an individual to act as a nonresident adjuster who is otherwise qualified therefor under this Title, but who is not a resident of this State, if by the laws of the State of his residence, residents of this State may be licensed in such manner as nonresident adjusters of such state. The required license fee for such license shall be as provided in Chapter 56-13 or the sum which is charged as a license fee for nonresident adjusters by the state of the applicant's residence, whichever is larger: Provided no such license shall be issued to any individual who does not hold an adjuster's license issued by the state of his residence. (b) The Commissioner is authorized to enter into reciprocal agreements with the appropriate official of any other jurisdiction for the purpose of implementing this provision. Section 2. Code section 56-1103, relating to assets which are eligible for deposit by insurers, as amended, is hereby amended by adding at the end of subsection (1) of said Code section the following: , except real estate, notes secured by real estate, stocks, or investment trust or investment company shares, so that when so amended, Code section 56-1103 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 subsections (3) of Code section 56-1005, except real estate, notes secured by real estate, stocks, or investment trust or investment company shares. (2) All such deposits required pursuant to the laws of another state, province or country, or pursuant to the retaliatory provisions, section 56-321, shall consist of such

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assets as are required or permitted by such laws, or as required pursuant to such retaliatory provision. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1975. INSURANCE PREMIUM FINANCE COMPANY ACT AMENDED. No. 670 (House Bill No. 820). An Act to amend an Act known as the Insurance Premium Finance Company Act, approved April 23, 1969 (Ga. L. 1969, p. 561), as amended, so as to change the amount of the annual license fee; to provide for additional requirements for licenses; to provide for bonds or deposits; to provide for minimum capital requirements; to provide for the conditions, practices and procedures in connection therewith; to change the provisions relating to penalties; to provide for additional grants or reasons for which the commissioner may revoke or suspend the license of any premium finance company; to provide for examination of certain books or records on the premises of the licensee; to provide for the expenses of any on the premises examination and the payment thereof; to change the amount of certain fines and penalties; to provide that any premium finance company who enters into a premium finance agreement under the provisions of this Act shall notify the insurer whose premiums are being financed of the existence of such an agreement within a certain period; 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. That Act is hereby amended by striking section 4 in its entirety and inserting in lieu thereof a new section 4 to read as follows:

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Section 4. Licenses. No person shall engage in the business of financing insurance premiums in this State without first having obtained a license as a premium finance company from the Commissioner. Any person who shall engage in the business of financing insurance premiums in this State without obtaining a license as provided hereunder shall, upon conviction, be subject to a fine of not more than $1,000.00. The annual license fee shall be $250.00. Licenses may be renewed from year to year as of March 1 of each year upon payment of the fee of $250.00. The fee for said license shall be paid to the Commissioner for the use of the State. Before any licensee changes his address he shall return his license to the Commissioner who shall endorse the license indicating the change. The person to whom the license or the renewal thereof may be issued shall file sworn answers, subject to the penalties of perjury, to such interrogatories as the Commissioner may require. The Commissioner shall have authority, at any time, to require the applicant fully to disclose the identity of all stockholders, partners, officers and employees, and he may, in his discretion, refuse to issue or renew a license in the name of any firm, partnership or corporation if he is not satisfied that any officer, employee, stockholder, or partner thereof who may materially influence the applicant's conduct meets the standards of this Act. Section 2. Said Act is further amended by adding, following section 4, a new section 4.1, to read as follows: Section 4.1. Additional requirements for a license; bond or deposit; minimum capital. From and after March 1, 1976, no license shall be issued to any applicant for a license or renewal license under this Act unless such applicant: (a) Shall possess and thereafter maintain a minimum balance of at least five thousand ($5,000.00) dollars in its capital account as shown in its annual report to the Commissioner; provided, however, the Commissioner shall in

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his discretion require such higher amounts of capital as he deems necessary for the protection of the public; and (b) Shall deposit with the Commissioner securities acceptable to the Commissioner in the amount of twenty-five thousand ($25,000.00) dollars; or (c) Shall file with the Commissioner a bond to be approved by the Commissioner and made payable to the Commissioner or his successor in office executed by such applicants as principal and by a corporate surety authorized to do business in this State in the penal sum of twenty-five thousand ($25,000.00) dollars conditioned that the licensee will conduct his business in accordance with the provisions of this Act and the laws of this State, and that the licensee will properly account for all monies collected in connection therewith. Such bond shall remain in full force and effect until the surety is released from liability by the Commissioner or until the bond is cancelled by the surety and no such bond shall be cancelled or terminated unless prior to such cancellation or termination thirty (30) days written notice is filed with the Commissioner. Section 3. Said Act is further amended by striking section 6 in its entirety and inserting in lieu thereof a new section 6 to read as follows: Section 6. Revocation and suspension of licenses. The Commissioner may revoke or suspend the license of any premium finance company when and if after investigation the Commissioner finds that: (a) Any license issued to such company was obtained by fraud; (b) There was any misrepresentation in the application for the license; (c) The holder of such license has otherwise shown himself untrustworthy or incompetent to act as a premium finance company;

Page 1237

(d) The holder of such license has misappropriated, converted, illegally withheld, or refused to pay over upon proper demand any monies entrusted to the holder in its fiduciary capacity belonging to an insurer or insured; (e) The holder is found to be in an unsound condition or in such condition as to render the future transaction of business in this State hazardous to the public. (f) Such company has violated any of the provisions of this Act. Before the Commissioner shall revoke, suspend, or refuse to renew the license of any premium finance company, he shall give to such person an opportunity to be fully heard and to introduce evidence in his behalf. In lieu of revoking or suspending the license for any of the causes enumerated in this Section, after hearing, as herein provided, the Commissioner shall have the authority to place the premium finance company on probation for a period of time not to exceed one year and may subject such company to a penalty of not more than $1,000.00 for each offense when, in his judgment, he finds that the public interest would not be harmed by the continued operation of such company. The amount of any such penalty shall be paid by such company to the Commissioner for the use of the State. At any hearing provided by this section, the Commissioner shall have authority to administer oaths to witnesses. Anyone testifying falsely, after having been administered such oath, shall be subject to the penalty of perjury. Any action of the Commissioner in refusing to issue or renew a license shall be subject to review as provided in Chapter 56-2. Section 4. Said Act is further amended by striking section 7 in its entirety and inserting in lieu thereof a new section 7 to read as follows: Section 7. Books and records. Every licensee shall maintain records of its premium finance transactions and the said records shall be open to examination and investigation by the Commissioner. The Commissioner may, at any time, require any licensee to bring such records as he may

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direct to the Commissioner's office for examination, or if he deems it necessary, the Commissioner or his duly authorized representative may conduct an examination of such records on the premises of the licensee. The expense of any on-the-premise examination shall be borne by the licensee, but shall not exceed two hundred fifty ($250.00) dollars. Every licensee shall preserve its records of such premium finance transactions, including cards used in a card system, for at least three years after making the final entry in respect to any premium finance agreement. The preservation of records in photographic form shall constitute compliance with this requirement. Section 5. Said Act is further amended by adding, following section 14, a new section 14.1 to read as follows: Section 14.1. Existence of Agreement; notification of insurers. Any premium finance company which enters into a premium finance agreement under the provisions of this Act shall notify the insurer whose premiums are being financed of the existence of such agreement within twenty (20) days of the date such agreement is signed. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1975. INSURANCEHOLDING COMPANY SYSTEMSADDITIONAL STANDARDS PROVIDED, ETC. Code Chapter 56-34 Amended. No. 671 (House Bill No. 821). An Act to amend Code Chapter 56-34, relating to insurance holding company systems, so as to provide for additional standards; to provide for reports of certain actions; to provide for time periods; to provide for requirements for

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distribution to shareholders; to provide for the right of receivers to recover certain dividends paid; to provide for examinations; to provide for practices and procedures in connection therewith; to provide for liability of certain persons and limitations thereon; to provide for limitations; to provide for secondary liability; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 56-34, relating to insurance holding company systems, is hereby amended by adding at the end of Code section 56-3405 a new subsection to be designated as subsection (d), to read as follows: (d) (1) Any action by the board of directors of a stock insurance corporation authorized to transact insurance in this State authorizing any distribution to shareholders other than a stock dividend shall be reported to the Commissioner in writing. No such distribution to shareholders shall be made until at least 30 days after the receipt of such report by the Commissioner. Code 56-3405 amended. (2) For five years after the initial issuance of certificate of authority, no distribution to shareholders shall be made under subsection (1) until at least 45 days after the report or such lesser period of time as may be authorized by the Commissioner in writing. Provided, however, the Commissioner may extend the waiting period an additional 45 days by giving notice to the insurer not less than five days before expiration of the 45-day period. (3) If subsection (2) is inapplicable, no report need be made under subsection (1) of a distribution that is no more than 15% larger than for the corresponding period in the previous year. (4) A foreign or alien insurer whose state of domicile has adopted holding company laws and regulations similar to those of the State of Georgia shall not be required to

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report such distribution to the Commissioner unless specifically directed to make such reports by the Commissioner. Section 2. Said Code Chapter is further amended by inserting, following Code section 56-3411, a new Code section 56-3411.1, to read as follows: 56-3411.1. Liabilities of Affiliates in the Event of Receivership (1) Right of Receiver to Recover Dividends Paid. If an order for the liquidation, rehabilitation or conservation of an insurer authorized to do business in this State is entered under Chapter 56-14, the receiver appointed under such order shall have a right to recover on behalf of the insurer the amount of distributions other than stock dividends paid by the insurer on its capital stock at any time during the five years preceding the petition for liquidation, rehabilitation or conservation, subject to the limitations of subsections (2), (3) and (4) below. (2) Dividend Payments Recoverable. No such dividend shall be recoverable if that insurer shows that when paid the distribution was lawful and reasonable, and that the insurer did not know and could not reasonably have known that the distribution might adversely affect the ability of the insurer to fulfill the obligations to claimants under its insurance contracts. (3) Persons Liable. (a) Any person who was an affiliate of the insurer at the time the distributions were paid shall be liable up to the amount of distributions he received. (b) Any person who was an affiliate of the insurer at the time the distributions were declared shall be liable up to the amount of distributions he would have received if they had been paid immediately. (c) If under paragraphs (a) and (b) two persons are liable with respect to the same distributions they shall be jointly and severally liable. (4) Aggregate Limitation. The maximum amount recoverable under this section shall be:

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(a) The amount needed in excess of all other available assets to pay all claims under the receivership. (b) Reduced by any amount already paid to receivers under similar laws of other states. (5) Secondary Liability. If any person liable under subsection (2) is insolvent, all its affiliates that controlled it at the time the dividend was paid shall be jointly and severally liable for any resulting deficiency in the amount recovered from the insolvent affiliate. (6) Examinations. In addition to any authority of the Commissioner contained elsewhere under this Title or under the laws of this State, whenever the Commissioner shall deem it expedient, he shall also have the authority to examine, either in person or by some examiner duly authorized by him, the affairs, transactions, accounts, records, documents, and assets of any insurer, person, parent, subsidiary or affiliate within an insurance holding company system and any other facts relative to the business methods, management and affairs of such insurers, persons, parents, subsidiaries or affiliates to determine whether any dividends or other distributions made by an insurer to any person, parent, subsidiary or affiliate within the holding company system are recoverable under subsection (2) above and to subpoena any portion or all of the documents, books, accounts, records or other information of insurers, persons, parents, subsidiaries or affiliates as he may deem necessary to reach his determination. Such subpoenas may be obtained by the Commissioner in accordance with the provisions of Chapter 56-2 of this Title and the expenses of any examination made pursuant to this section shall be paid by such persons, affiliates, subsidiaries or insurers in the same manner as provided for insurers in Chapter 56-2 of this Title. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1975.

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INSURANCEINDUSTRIAL AND COMMERCIALCANCELLATION TIME LIMIT PROVISIONS CHANGED. Code Chapter 56-24 Amended. No. 672 (House Bill No. 822). An Act to amend Code Chapter 56-24, relating to the insurance contract in general, as amended, so as to change the provisions relating to time limits for notices of cancellation with respect to property and casualty policies insuring industrial and commercial concerns; to change certain provisions relating to cancellation for certain reasons when a premium finance plan or extension of credit, or a policy has been in effect for less than 60 days; to change the period within which notices of cancellation of policies must be mailed or delivered to the named insured; to change the time period for written requests for a specification of the reason or reasons for cancellation; to change the provisions relating to nonrenewal and notices of nonrenewal and the reason or reasons for such nonrenewal; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 56-24, relating to the insurance contract in general, as amended, is hereby amended by striking Code section 56-2430 in its entirety, and inserting in lieu thereof a new Code section 56-2430, to read as follows: 56-2430. Cancellation. Cancellation of a policy which by its terms and conditions may be cancelled by the insurer shall be accomplished as prescribed herein: Written notice, stating the time when the cancellation will be effective, but not less than thirty (30) days from date of notice except with respect to property and casualty policies insuring industrial and commercial concerns in which notice of cancellation shall be not less than fifteen (15) days, or such other specific longer period as may be provided in the contract or by statute, may be delivered in person, or by depositing such notice in the United States mails to be dispatched by

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at least first class mail to the last address of record of the insured and receiving therefor the receipt provided by the United States Post Office Department. Such notice may or may not be accompanied by a tender of the unearned premium paid by the insured calculated on a pro rata basis. If such tender is not made simultaneously with such notice, it shall be made within fifteen (15) days of notice of cancellation, unless an audit or rate investigation is required, in which case such tender shall be made as soon as practicable. Notices of cancellation of policies protecting the interest of the insured and any lienholder shall be delivered or mailed to the last addresses of record as provided herein to the insured and to the lienholders shown in the policy and shall specify when, not less than thirty (30) days from the date of notice, except with respect to property and casualty policies insuring industrial and commercial concerns in which notice of cancellation shall be not less than fifteen (15) days, or such longer period as may be provided in the contract or by the statute, the cancellation shall become effective. Provided, however, when a policy is cancelled for failure of the named insured to discharge when due any of his obligations in connection with the payment of premiums for the policy, or any installment thereof, whether payable directly to the insurer or indirectly under any premium finance plan or extension of credit or a policy which has been in effect for less than sixty (60) days is cancelled for any reason, the notice requirements of this section may be satisfied by giving not less than ten (10) days written notice to the insured and lienholder, where applicable, in lieu of the number of days notice otherwise required herein. Section 2. Said Code Chapter is further amended by striking subsection (B) of Code section 56-2430.1 in its entirety, and inserting in lieu thereof a new subsection (B), to read as follows: (B) No notice of cancellation of a policy to which this Code section applies shall be effective unless mailed or delivered by the insurer to the named insured at least thirty (30) days prior to the effective date of cancellation: Provided, however, that where cancellation is for failure of the named insured to discharge when due any of his obligations

Page 1244

in connection with the payment of premiums for the policy, or any installment thereof, whether payable directly to the insurer or indirectly under any premium finance plan or extension of credit, at least ten (10) days' notice of cancellation accompanied by the reason shall be given. Unless the reason or reasons for the cancellation of the policy accompany or are included in the notice of cancellation, the notice of cancellation shall state or be accompanied by a statement that upon written request of the named insured, mailed or delivered not more than sixty (60) days from the effective date of cancellation, the insurer will specify the reason or reasons for such cancellations. The reason or reasons shall be mailed or delivered to the named insured within ten (10) days after receipt of such request. Code 56-2430.1 amended. Section 3. Said Code Chapter is further amended by striking paragraph (1) of subsection (C) of Code section 56-2430.1 in its entirety, and inserting in lieu thereof a new paragraph (1), to read as follows: (C) (1) No insurer shall fail to renew a policy to which this Code section applies unless a written notice of nonrenewal is mailed or delivered to the named insured, at the address shown on the policy, at least thirty (30) days prior to the expiration date of the policy or anniversary date of a policy written for a term longer than one (1) year or with no fixed expiration date. Unless the reason or reasons accompany or are included in the notice, the notice shall state or be accompanied by a statement that upon written request of the named insured, mailed or delivered to the insurer not more than sixty (60) days from the effective date of nonrenewal, the insurer will specify the reason or reasons for such nonrenewal. The reason or reasons shall be mailed or delivered to the named insured within ten (10) days after receipt of such request. Code 56-2430.1 amended. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1975.

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INSURANCECOMMISSIONER AUTHORIZED TO PLACE AGENTS, ETC. ON PROBATION, ETC. Code 56-214 Amended. No. 673 (House Bill No. 823). An Act to amend Code section 56-214, relating to enforcement by the Insurance Commissioner of the provisions of Code Title 56, so as to authorize the commissioner to place insurers, agents, brokers, counselors, solicitors and adjusters on probation; to provide for monetary penalties; to provide for the practices and procedures in connection with the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 56-214, relating to enforcement by the Insurance Commissioner of the provisions of Code Title 56, is hereby amended by adding at the end thereof a new subsection (3) to read as follows: (3) In addition to all other penalties provided for under the provisions of this Title, the commissioner shall have the authority to place any insurer, agent, broker, counselor, solicitor or adjuster on probation for a period of time not to exceed one year for each and every act or violation of this Title or of the rules and regulations of the commissioner and may subject such insurer, agent, broker, counselor, solicitor or adjuster to a monetary penalty of up to one thousand ($1,000.00) dollars for each and every act or violation of this Title or of the rules and regulations of the commissioner unless the insurer, agent, broker, counselor, solicitor or adjuster knew or reasonably should have known he was in violation of this Title or the rules and regulations of the commissioner, in which case the monetary penalty provided for herein may be increased to an amount up to five thousand ($5,000.00) dollars for each and every act or violation. Code 56-214 Amended.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1975. BOARD OF CORRECTIONSAUTHORITY TO CONFER CERTAIN POLICE POWERS ON DESIGNATED EMPLOYEES PROVIDED. No. 674 (House Bill No. 830). An Act to amend an Act, to provide for the State Board of Corrections to have authority to confer the powers of a police officer upon designated employees of the State Board of Corrections, approved February 20, 1956 (Ga. L. 1956, p. 161), as amended by an Act approved March 28, 1972 (Ga. L. 1972, p. 599), so as to provide that the State Board of Corrections may adopt rules conferring the powers of a police officer to any correctional officer of the State Board of Corrections, and to any correctional officer of any prison or county correctional institution operated under the jurisdiction of the State Board of Corrections. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing authority to the State Board of Corrections to confer the powers of a police officer upon designated employees of the State Board of Corrections, approved February 20, 1956 (Ga. L. 1956, p. 161), as amended by an Act approved March 28, 1972 (Ga. L. 1972, p. 599), is hereby amended by striking the following section 19 of that Act: Section 19. The State Board of Corrections may adopt and promulgate rules and regulations conferring all powers of a police officer of this State, including but not limited to the power to make summary arrest for violations of any of the criminal laws of this State, and the power to carry weapons, upon the director, any deputy director, or departmental

Page 1247

investigator of the State Board of Corrections, or any warden, deputy warden, or guard of any prison or county correctional institution operated under the jurisdiction of the State Board of Corrections, when the Board determines such powers are necessary to the effective performance of duties by the designated officer. and by substituting a new Section 19 to read as follows: Section 19. The State Board of Corrections may adopt and promulgate rules and regulations conferring all powers of a police officer of this State, including but not limited to the power to make summary arrest for violations of any of the criminal laws of this State, and the power to carry weapons, upon the director, any deputy director, departmental investigator, or correctional officer of the State Board of Corrections, or any warden, deputy warden, assistant warden, superintendent, deputy superintendent, assistant superintendent, or correctional officer of any state or county institution operated under the jurisdiction of the State Board of Corrections. Police officers. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1975. GEORGIA INDUSTRIAL LOAN ACT AMENDED. No. 676 (House Bill No. 833). An Act to amend the Georgia Industrial Loan Act, approved March 4, 1955 (Ga. L. 1955, p. 431), so as to authorize the commissioner to place any licensee on probation; to authorize the commissioner to subject licensees to monetary penalties for certain violations; to provide for the practices, procedures and limitations in connection with the foregoing; to amend an Act levying a tax upon fees, interests, insurance premiums and all other charges of whatever kind collected by persons licensed under the

Page 1248

Georgia Industrial Loan Act, approved June 30, 1955 (Ga. L. 1955, Ex. Sess., p. 57), so as to change the time by which such taxes provided for in said Act shall be remitted to the Georgia Industrial Loan Commissioner; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Georgia Industrial Loan Act, approved March 4, 1955 (Ga. L. 1955, p. 431), is hereby amended by adding, following section 12, a new section 12.1, to read as follows: Section 12.1. Enforcement. In addition to all other penalties provided for under the provisions of this Act, the commissioner shall have authority to place any licensee on probation for a period of time not to exceed one year for each and every act or violation of this Act or of the rules and regulations of the commissioner and may subject such licensee to a monetary penalty of up to one thousand ($1,000 00) dollars for each and every act or violation of this Act or of the rules and regulations of the commissioner unless the licensee knew or reasonably should have known he was in violation of this Act or the rules and regulations of the commissioner, in which case the monetary penalty provided for herein may be increased to an amount up to five thousand ($5,000.00) dollars for each and every act or violation. Section 2. An Act levying a tax upon fees, interests, insurance premiums and all other charges of whatever kind collected by persons licensed under the Georgia Industrial Loan Act, approved June 30, 1955 (Ga. L. 1955, Ex. Sess., p. 57), is hereby amended by striking from section 2 the following: tenth, and inserting in lieu thereof the following: twentieth,

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so that when so amended, section 2 of said Act shall read as follows: Section 2. The tax provided for in this Act shall be remitted to the Georgia Industrial Loan Commissioner on or before the twentieth day of each month for the preceding calendar month. The Commissioner and his authorized agents and employees shall have the right to inspect all records of any person so licensed and the Commissioner is hereby authorized to promulgate rules and regulations relative to the enforcement of the provisions of this Act. Tax. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1975. PRESIDENTIAL PREFERENCE PRIMARY ACT AMENDED. Code Chapter 34-10A Amended. No. 677 (House Bill No. 844). An Act to amend Code Chapter 34-10A, relating to the Presidential Preference Primary so as to provide for a proclamation by the Governor; to prohibit assessment of a qualifying fee for presidential candidates; to provide that such primary shall be conducted in accordance with the provisions governing general primaries; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 34-10A, relating to the Presidential Preference Primary, is hereby amended by adding at the end of said Chapter a new Code section to be numbered Code section 34-1011A, to read as follows:

Page 1250

Section 34-1011A. Immediately following the selection of the date as provided in section 34-1002A, it shall be the duty of the Governor to issue his proclamation for such Presidential Preference Primary, a copy of which shall be transmitted promptly by the Secretary of State to the Judge of the Probate Court of each County. Section 2. Said Chapter is further amended by adding at the end of said Chapter another new Code section to be numbered Code section 34-1012A, to read as follows: Section 34-1012A. No qualifying fee may be assessed for presidential candidates whose names are listed on a Presidential Preference Primary ballot. Section 3. Said Chapter is further amended by adding at the end of said Chapter another new Code section, to be numbered Code section 34-1013A, to read as follows: Section 34-1013A. A Presidential Preference Primary shall be conducted, insofar as practicable, pursuant to the provisions of Code Title 34 respecting general primaries, except as otherwise provided in this Chapter. 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 7. All laws and parts of laws in conflict with this Act are hereby repealed; provided, however, if this Act or any portion hereof is disapproved by the United States District Court for the District of Columbia or if said Act is submitted to the United States Attorney General and he

Page 1251

objects to the enforcement of this Act or any portion hereof, pursuant to the authority granted to said court or to the Attorney General, by the Voting Rights Act of 1965 (42 U.S.C. Section 1973c), the prior law or parts of law shall not be repealed. Approved April 24, 1975. ELECTIONSCERTAIN JUDICIAL OFFICERSCERTAIN NONPARTISAN ELECTIONS AUTHORIZED. Code Chapter 34-10 Amended. No. 678 (House Bill No. 856). An Act to amend Code Chapter 34-10, relating to the nomination of candidates, so as to provide that certain county judicial officers and certain judges of the superior courts may be elected in nonpartisan elections; to provide the procedures connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 34-10, relating to the nomination of candidates, is hereby amended by adding at the end thereof a new Code section 34-1016, to read as follows: 34-1016. Nonpartisan Elections. Notwithstanding any other provisions of this Code to the contrary, the General Assembly may provide by local acts for the election in nonpartisan elections of candidates to fill county judicial offices which are filled by the vote of only the electors of said county. The General Assembly may provide that the judges of the superior courts within a particular judicial circuit may be elected in nonpartisan elections. The procedures to be employed in such nonpartisan elections shall conform as nearly as practicable with the procedures governing other elections as herein provided. Such additional

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procedures as shall be required to provide for the nonpartisan election of such offices shall be provided in each particular act. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1975. REVENUEUNPAID TAXESDATE WHEN INTEREST COMMENCES CHANGED, ETC. Code Title 92 Amended. No. 679 (House Bill No. 867). An Act to amend Code Title 92, relating to public revenue, as amended, so as to change the date unpaid taxes shall commence bearing interest under certain conditions; to change the submission date for certain reports required of tax collectors and tax commissioners under certain conditions; to change the date for making final settlements with both the State and county under certain conditions; to change the dates on which tax receivers shall open and close their books for the return of taxes; 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 92, relating to public revenue, as amended, is hereby amended by adding a new Code section immediately following Code section 92-5001, to be designated Code section 92-5001.1, to read as follows: 92-5001.1 Rate of Interest. The governing authority with the approval of the tax collector or tax commissioner of each county in this State may provide by resolution that all taxes due the State or the county remaining unpaid on the 15th day of November in each year shall bear interest

Page 1253

at nine percent per annum from said date, and the tax collector or tax commissioner shall collect the interest on such unpaid taxes and account for same in their final settlements. Section 2. Said Code Title is further amended by adding a new Code section immediately following Code section 92-5002, to be designated Code section 92-5002.1, to read as follows: 92-5002.1. Reports by tax collectors and tax commissioners. On the 15th day of November in each year in the counties in which the governing authority with the approval of the tax collector or tax commissioner has changed the date on which State and county taxes are due from the 20th day of December to the 15th day of November of each year, the tax collector or tax commissioner shall furnish to the State Revenue Commissioner and to the governing authority of the county a report showing the amount of State taxes and the amount of county taxes remaining unpaid on said tax digest and shall every 30 days thereafter, until a final settlement is made with both the State and county, furnish to the State Revenue Commissioner and the governing authority of the county a report showing the amount of State taxes collected and the amount of county taxes collected after the 15th day of November to the date of rendering such report and also the amount of interest collected from said delinquent or defaulting taxpayers. Section 3. Said Code Title is further amended by adding a new Code section immediately following Code section 92-5004, to be designated Code section 92-5004.1, to read as follows: 92-5004.1. Final settlements in four months. The tax collectors and tax commissioners in counties in which the governing authority with the approval of the tax collector or tax commissioner has changed the date on which State and county taxes are due from the 20th day of December to the 15th day of November of each year shall make final settlements with both the State and county within four months after the 15th day of November of the year in which

Page 1254

said taxes become due unless the time for such settlement is extended by the State Revenue Commissioner as authorized by Code section 89-827 and upon failure of any such tax collector or tax commissioner to make such final settlement within that time, such tax collector or tax commissioner shall forfeit one-quarter of his commissions unless some good and sufficient reason is given rendering the making of such final settlement impossible. Section 4. All laws and parts of laws in conflict with this Act art hereby repealed. Approved April 24, 1975. WILD ANIMAL REGULATIONS PROVIDED. No. 680 (House Bill No. 872). An Act to provide for the regulation of the importation, transportation, sale or possession of wild animals; to define certain terms; to provide for the authority of the Board of Natural Resources; to provide for the issuance of licenses and permits; to provide for sanctions; to provide for the authority of the Department of Natural Resources; to provide for administrative appeals; to provide for penalties; to provide for specific repeal; 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. Definitions. As used in this Act, unless the context clearly requires otherwise, the following words shall have the following meanings: (a) Wild animal means any animal of the class Aves (birds); class Mammalia (mammals); Class Amphibia (frogs, toads, salamanders); class Osteichthyes (bony fishes), including walking catfish; class Monorhina (lampreys); class Reptilia (reptiles); or class Gastropoda (slugs and snails), which is not normally domesticated in this State.

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(b) Department means the Department of Natural Resources. (c) Board means the Board of Natural Resources. (d) Wholesale dealer means any person who imports, transports or possesses any wild animal for the purpose of resale to a retail dealer, exhibitor, or research facility. (e) Retail dealer means any person who imports, transports or possesses any wild animal for the purpose of sale to the public. (f) Person means any individual, partnership, firm, corporation, association or other entity. (g) Wildlife means any vertebrate or invertebrate animal life indigenous to this State or any species introduced or specified by the Board and includes quadrupeds, mammals, birds, fish, amphibians, reptiles, curstaceans and mollusks, or any part thereof. Section 2. Authority of the Board of Natural Resources. (a) The Board shall have the authority to regulate the importation, transportation, sale and possession of wild animals when and to the extent that such importation, transportation, sale or possession poses a possibility of (1) harmful competition for wildlife; (2) the introduction of a disease or pest harmful to wildlife; (3) problems of enforcement of laws and regulations relating to wildlife; or (4) danger to wildlife or other natural resources. (b) The Board shall have the authority to establish standards for and to require inspection of the physical conditions in which wild animals are imported, transported, possessed, or sold. (c) The Board shall have the authority to provide that certain wild animals may be imported, transported, sold or possessed (1) without a permit, (2) only by permit or (3) not at all.

Page 1256

(d) The Board shall have the authority to require wholesale or retail dealers to obtain a license or a permit, or both, to import, transport, sell or possess certain wild animals. (e) The Board shall have the authority to require persons other than wholesale or retail dealers to obtain a permit to import, transport, sell or possess certain wild animals. (f) The Board shall have the authority to require that any wild animal imported, transported, sold or possessed by any wholesale or retail dealer be labeled with the correct species, number, age, or other information. (g) The Board shall have the authority to adopt rules and regulations to implement the provisions of this Act. Section 3. Licenses and Permits. (a) No wholesale or retail dealer shall engage in the importation, transportation, sale or possession of any wild animal specified by the Board as necessitating a license without first obtaining a license from the Department. Application for such license shall be on forms prescribed by the Department. The annual fee for such license shall be twenty-five dollars ($25.00). Said license shall be effective from October 1 through September 30. (b) No wholesale or retail dealer shall import, transport, sell or possess any wild animal for which the Board has required a permit without first obtaining a permit from the Department. A separate permit shall be required for each shipment or act of importing or transporting such wild animals. No fee shall be required for such permit. (c) No person, not a wholesale or retail dealer, shall import, transport, sell or possess any wild animals for which the Board has required a permit without first obtaining a permit from the Department. The application for such permit shall be on forms prescribed by the Department. No fee shall be required for such permit. (d) No permit shall be required for a common carrier, regulated either by the Interstate Commerce Commission,

Page 1257

the Civil Aeronautics Board or the Public Service Commission, to import or transport any wild animal. Provided, however, that a permit is required for any person who orders or requests any wild animal to be imported or transported by any such common carrier. Section 4. Sanctions. (a) It shall be unlawful, to import, transport, sell or possess any wild animal except in compliance with this Act and any rules and regulations promulgated hereunder. (b) Any wild animal imported, transported, sold or possessed in this State in violation of any provision of this Act, any regulation promulgated pursuant hereto or any permit issued hereunder may at the option and expense of the owner or consignee be returned to the point of origin or disposed of within the time specified in an administrative order issued by the Department. If the owner or consignee fails to exercise such option within the time specified in the order, the Department may seize and dispose of any such wild animal. (c) Any person violating any provision of this Act, any regulation promulgated pursuant hereto or any permit issued hereunder shall be guilty of a misdemeanor and upon conviction shall be punished as provided by law. Any such conviction shall constitute the automatic revocation of any licenses or permits issued pursuant to this Act. Any person convicted of such offense shall not be eligible to receive any licenses or permits issued pursuant to this Act until after the expiration of twelve months from the date of the revocation. Section 5. Authority of the Department. (a) The Department shall have the authority to administer and enforce this Act and any rules and regulations promulgated pursuant hereto. (b) The Department shall issue or deny all permits and licenses required by the provisions of this Act and any rules and regulations adopted pursuant hereto.

Page 1258

(c) The Department may, after a hearing, revoke the permit or license of any person who has failed to comply with the provisions of this Act or any regulation, permit or license issued pursuant hereto. (d) The Department may, prior to a hearing, issue a cease and desist order or other appropriate order to any person who is violating the provisions of this Act or of any regulation, permit or license issued pursuant hereto. (e) The Department may quarantine any wild animal (s) when the Commissioner determines that such wild animal (s) is (are) affected with or exposed to a contagious or infectious disease or is infested with a parasite or pest harmful to wildlife. (f) The Department shall have the authority to exercise all incidental powers necessary to carry out the purposes of this Act. Section 6. Administrative Appeal. Any person aggrieved or adversely affected by any order or action of the Department pursuant to this Act shall upon petition within thirty (30) days of the issuance of such order or notice of such action have a right to a hearing before a hearing officer appointed by the Board of Natural Resources. The initial hearing and any administrative review thereof shall be conducted in accordance with the Georgia Administrative Procedure Act, approved March 10, 1964 (Ga. L. 1964, p. 338), as now or hereafter amended. Any administrative review of the initial decision by the hearing officer shall be by a five (5) member committee, to be known as the Administrative Review Committee. The members of said committee shall be members of the Board of Natural Resources and shall be selected by said Board. Any person who has exhausted all administrative remedies available and who is aggrieved or adversely affected by any final order or action of the Board shall have the right of judicial review thereof in accordance with subsections (b), (c), (d), (e), (f), (g), and (h) of section 20 of the Georgia Administrative Procedure Act, approved March 10, 1964 (Ga. L. 1964, p. 338), as now or hereafter amended. Any party to the

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proceeding may secure a review of the final judgment of the superior court by appeal in the manner and form provided by law for appeal from superior courts to the appellate courts of this State. Section 7. Specific Repealer. An Act regulating the importation of wild animals, approved April 19, 1973 (Ga. Laws 1973, p. 1468), is hereby repealed in its entirety. Section 8. 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 a part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 9. Effective Date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 10. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1975. DEVELOPMENT AUTHORITIES LAW AMENDED. No. 681 (House Bill No. 875). An Act to amend an Act known as the Development Authorities Law, approved March 28, 1969 (Ga. L. 1969, p. 137), as amended, so as to include in the definition of the word project the acquisition, construction, leasing, improvement or modification of any property, real or personal

Page 1260

or both, used as a peak shave facility or useful or necessary in the transportation of persons or property by air; to provide a definition of peak shave facility; to provide the conditions upon which a peak shave facility may be authorized; to provide conditions upon which projects involving the transportation of persons or property by air shall be authorized; to provide under certain conditions for contracts between authorities creating air transportation facilities and any county or municipality in the State; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Development Authorities Law, approved March 28, 1969 (Ga. L. 1969, p. 137), as amended, is hereby amended by adding at the end of subsection (e) of section 1 the following: The word `project' shall also include the acquisition, construction, improvement or modification of any property, real or personal or both, used as a peak shave facility. `Peak shave facility' shall have the meaning generally accepted and understood in the natural gas distribution industry as that term is generally understood to describe a storage facility for the purpose of avoiding undesirable consequences in the distribution system during peak periods of consumption. Any project involving a `peak shave facility' may be undertaken as otherwise provided in this Act. The word `project' shall also mean and include the acquisition, construction, leasing, improvement or modification of any facilities and any property, real or personal or both, useful or necessary in the transportation of persons or property by air. Such projects shall not include the creation of airports or airport terminal facilities or improvements thereon except as incidentally related to the furnishing of transportation of persons or property by air as herein provided. Otherwise such projects may include, but shall not be limited to, aircraft, aircraft maintenance and reconditioning equipment, aircraft communications equipment and facilities for the maintenance and repair of such equipment,

Page 1261

ground support equipment and facilities used by aircraft, any necessary or useful real or personal property or rights to such property, all licenses, storage facilities including storage and distribution facilities for fuel, and including the acquisition, modernizing or expansion of existing facilities or systems for the transportation of persons or property by air all as determined by the Authority, which determination shall be final and not subject to review. Such projects for the transportation of persons or property by air are authorized to assist State and local governments to secure adequate systems of transportation of passengers for hire as authorized by law and for the development of trade, commerce, industry and employment opportunities as provided in Paragraph V-A of Section III of Article VII of the Constitution of Georgia. Such projects for the transportation of persons or property by air may be undertaken to the same extent and on the same conditions as otherwise provided in this Act for other facilities except that such projects may be authorized only for air transportation systems which are not eligible to receive subsidies from the federal government at the time the project is undertaken and only where the corporate headquarters, the general maintenance, repair, support and communication facilities, the general reservations, scheduling and dispatch facilities, and the personal residence of the majority of the employees are all located within the geographic jurisdiction of the Authority, and only if the aircraft are routinely dispatched from and returned to the geographic jurisdiction of the Authority; provided that the operation of flight equipment and incidental ground support facilities and equipment and the location of employees of such a project outside of the geographic jurisdiction of the Authority shall not be prohibited provided the conditions specified hereinabove are met; provided that no city, county, political subdivision or any development authority may ever operate any such facility and the same must be acquired and operated by a private company or individual who shall guarantee the repayment of any obligations assumed and who shall be fully responsible for all operating expenses and losses and who shall be taxable as any other private undertaking would be.

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Section 2. Said Act is further amended by adding a new sentence at the end of section 4 to read as follows: Any authority authorizing an air transportation facility is empowered to contract with any county or municipality in the State, and any county or municipality in the State is empowered to contract with any such authority to furnish air transportation services where such service is not otherwise in existence. 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 24, 1975. GEORGIA CIVIL DEFENSE ACT AMENDED. No. 682 (House Bill No. 882). 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 authorize each political subdivision of this State to acquire sites for installation of temporary housing units for victims of disasters; to authorize political subdivisions of this State to acquire temporary housing units and to prepare or equip sites to utilize said housing units; 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 Civil Defense Act of 1951, approved February 19, 1951 (Ga. L. 1951, p. 224), as amended, particularly by an Act approved March 15,

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1973 (Ga. L. 1973, p. 74) is hereby amended by adding to section 9 thereof, a new subsection to be designated subsection (b) (5) and to read as follows: (b) (5) In addition to the heretofore stated powers and authorities, each political subdivision of this State is expressly authorized to acquire, temporarily or permanently, by purchase, lease, or otherwise, sites required for installation of temporary housing units for disaster victims, and to enter into whatever arrangements (including purchase of temporary housing units and payment of transportation charges) which are necessary to prepare or equip such sites to utilize the housing units. Section 2. This Act shall become effective upon its approval by the Governor or upon its otherwise becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1975. AGRICULTURESALE AND STORAGE OF FLUE CURED TOBACCO REGULATED. No. 683 (House Bill No. 890). An Act to regulate the storage and sale of flue-cured tobacco unsold in the year of production and stored for sale in the subsequent selling season; to provide for the licensing of operators storing, and receiving for storage, flue-cured tobacco held over from the year of production until the subsequent selling season and a procedure connected therewith and a licensing fee; to provide for insurance and fidelity bonds to be furnished by operators of carry-over tobacco storage and sales services; to provide the maximum charges and expenses of providing services for the storage and sale of carry-over tobacco; to provide that statements of amounts of tobacco charges therefor received

Page 1264

shall be submitted by operators to the persons utilizing such services; to provide for records to be kept by licensed operators to show the origin and amounts of tobacco received for carry-over storage and sale and a procedure connected therewith; to provide that tendering tobacco for storage does not effect a sale of that tobacco to the operator; to provide for certification by weighers for the weighing of tobacco received by operators and a procedure connected therewith; to provide for the duties of the Commissioner of Agriculture in conjunction with the administration and enforcement of this Act; to provide for the revocation or suspension of any license issued hereunder after notice and hearing and a procedure connected therewith; to provide for injunctions and a procedure connected therewith; to provide for rules and regulations; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. It is the intent and purpose of this Act to enable producers of flue-cured tobacco to avail themselves of an adequate and safe method of storing flue-cured tobacco unsold in the year of production until the subsequent selling season for purposes of marketing at that time. It is found by the General Assembly that it is essential that the provisions specified in this Act are necessary to the proper marketing of carry-over flue-cured tobacco. Purpose. Section 2. No person real or corporate shall operate a service for receiving within this State flue-cured tobacco for the purpose of weighing, redrying and storing said tobacco from the year of production until the subsequent selling season for sale at that time without first having obtained a license from the Commissioner of Agriculture. Each license so issued shall automatically expire at the termination of the storage period and be subject to renewal annually under such rules and regulations as the Commissioner of Agriculture shall prescribe. The license fee shall be $10.00 for each year. Licensed operators of flue-cured tobacco auction warehouses may be licensed without cost under this Act upon application to the Commissioner. This

Page 1265

Act shall not require licensing of any Federal Agency, their agents or contractors who receive carry-over tobacco. License. Section 3. As a prerequisite to the issuance of a license under the provisions of this Act, each applicant shall furnish evidence to the Commissioner that there is in force an insurance policy against loss or damage by fire and such other perils as are commonly insured against under extended coverage provisions, for its full value, upon the best terms obtainable by individual or reporting form blanket policies on the carry-over tobacco to be received for storage and/or store by him in the year for which the license is sought, either provided by the applicant or the actual storer of the tobacco. The insurance policy shall be written by an insurance company, of the applicant's choice, authorized to transact business in this State or in the State where the tobacco is stored. Such insurance policy shall be effective for the entire storage period and shall be approved in form by the State Insurance Commissioner. A copy of the insurance policy shall be filed with the Director of Warehouse Division of the State Department of Agriculture. Insurance. Section 4. As a prerequisite to the issuance of a license under the provisions of this Act, each applicant shall also furnish evidence to the Commissioner that he has in force for the year for which the license is sought a bond issued by a corporate entity authorized to do business in this State in the penal sum of $10,000.00. The bond shall be conditioned upon the licensee performing all the duties imposed upon him by law and the accounting for the proceeds of all carryover flue-cured tobacco received by him for storage and for sale. Bond. Section 5. The maximum charges and expenses to be maintained by operators under this Act receiving tobacco unsold in the year of production to be stored until and sold in the subsequent selling season shall not exceed five cents ($.05) per pound for services rendered, if sold on a green weight basis. If sold on a dry weight basis, the charges may also include the actual cost of redrying as leaves or strips and shipping charges.

Page 1266

Section 6. Each licensee shall render to each producer submitting carry-over tobacco for storage until the next selling season at the time of receipt of the tobacco a statement of the amount of tobacco tendered and the amount to be charged for servicing that tobacco other than actual cost of redrying as leaves or strips and shipping charges. Section 7. Each licensee shall keep a record of the number of pounds of carry-over tobacco received by him for storage until the next selling season, identifying the amount received from each producer. The records shall also show the final disposition of the tobacco, whether redeemed by the producer or sold by operator for the producer at the subsequent selling season. It shall be the duty of each licensee to cause to be kept records that shall be open to inspection by the Commissioner in such manner as to accurately show the origin and disposition of the carry-over tobacco. Each licensee shall transmit this information to the Commissioner in such reports as prescribed by him. The licensee shall submit to the Commissioner a copy of all reports he is required by law or regulation to submit to the U.S.D.A.A.S.C.S. The contract between the operator and producer shall state the percentage division of money received above the contract sales price plus a service charge and processing cost. The producer shall in no event receive less than 50% of this sum. Record. Section 8. The Commissioner shall cause to be kept and compiled the information submitted to him as to the storage and sale of carry-over tobacco and is authorized to cause such information to be published in a manner that he deems most beneficial. Section 9. The tendering of carry-over tobacco by producers to operators to be stored until the next selling season shall not be deemed a sale as of the time of such tender. The sale of carry-over tobacco may not be consummated until after the beginning of the subsequent selling season. Section 10. It shall be the duty of each licensee to provided a certified public weigher for the weighing of carryover tobacco at the time and place of receipt of such tobacco

Page 1267

by operators for storage until the subsequent selling season, and it shall be unlawful for any person to weigh such tobacco who is not a certified public weigher. Weigher. Section 11. The Commissioner shall be authorized to promulgate regulations to implement the provisions of this Act to accomplish its purposes, and to prescribe physical standards for buildings and premises used for the receipt and/or storage of carry-over tobacco. Such standards shall be reasonably designed to insure the protection of producers and others from loss or damage to carry-over tobacco when received and/or held for storage until the subsequent selling season. It shall be a prerequisite to the issuance of a license under the provisions of this Act that the applicant has complied with all standards promulgated pursuant to this section. The Commissioner, or his agent, is authorized to inspect the premises of each licensee as often as he shall deem necessary. Regulations. Section 12. It shall be the duty of the Commissioner to enforce the provisions of this Act and to utilize any employee of the Department of Agriculture in the performance of his duties hereunder. The Commissioner is authorized to revoke or suspend, for violation of any provision of this Act, any license issued hereunder after notice and hearing before the Commissioner. Section 13. In addition to the remedies provided herein and notwithstanding the existence of any other remedy at law and notwithstanding the pendency of any criminal prosecution, the Commissioner is authorized to apply to the superior court and such court shall have jurisdiction upon hearing and for cause shown to grant a temporary or permanent injunction or an ex-parte restraining order restraining or enjoining any person from violating or continuing to violate any of the provisions of this Act or for the failure or refusal to comply with the provisions of this Act or any rule or regulation promulgated hereunder. Such injunction shall be issued without bond. Injunction. Section 14. Violation of any provision of this Act or the rules or regulations issued hereunder shall constitute a misdemeanor and shall be punishable as such. Penalty.

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Section 15. Definition of terms. As used in this Act, the words set forth below shall include the following meanings: Operator Any person, firm, partnership, or corporation engaged in the receipt for storage and/or storage of tobacco unsold in the year of production until the subsequent selling season for sale in that season. ProducerAny flue-cured tobacco grower who has tobacco in excess of his current marketing quota which will be eligible for sale during the subsequent selling season. Carry-over tobaccoAny tobacco unsold in the year of its production and held, for whatever reason, in storage until the subsequent selling season for sale in that season. Section 16. 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 17. All laws and parts of laws in conflict with this Act are hereby repealed. Section 18. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Approved April 24, 1975. INSURANCEPREPAID LEGAL SERVICES PLANS AUTHORIZED. Code Chapter 56-35 Enacted. No. 684 (House Bill No. 894). An Act to amend Title 56, relating to insurance, so as to provide for the registration, regulation, development and

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operation of prepaid legal services plans; to provide the procedures connected therewith; 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. Title 56, relating to insurance, as amended, is hereby amended by inserting at the end thereof a new Chapter to be known as Chapter 56-35, to read as follows: Chapter 56-35. Prepaid Legal Services Plans. 56-3501. Declaration of Purpose and Statement of Findings. The purposes of this Chapter are to provide for the registration of Prepaid Legal Services Plans, to promote access to quality legal services at the lowest possible price, and to regulate the development and operation of Prepaid Legal Services Plans, and it is the intention of this Legislature that this Chapter be interpreted as liberally as necessary to accomplish these purposes. The Legislature finds that insurers authorized to transact casualty insurance in this State are authorized to write policies for prepaid legal services. The Legislature further finds that there presently exists no specific framework within the Insurance Code of this State designed to regulate prepaid legal services. Because of the interest of the State in the controlled development of new methods for providing legal services, exertion of the State's power is necessary for the protection of its citizens. 56-3502. Applicability and Scope. The provisions of this Chapter shall apply to all persons, groups, fraternal or benevolent organizations, including but not limited to insurers, corporations, partnerships, trusts, labor, craft or other unions, or any other entities who propose to operate or are operating or participating in the operation of a Prepaid Legal Services Plan as such a Plan is hereinafter defined.

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56-3503. Definitions. In this Chapter, the following terms shall have the following meanings: (a) `Sponsor'any person, group, fraternal or benevolent organization, including but not limited to insurers, corporations, partnerships, trusts, labor, craft or other unions, or other entities which establish or operate Prepaid Legal Services Plans. (b) `Prepaid Legal Services Plan' or `Plan'any arrangement whereby responsibility is undertaken to provide or arrange for, or to pay for or reimburse any part of the cost of, any legal services for a consideration consisting in part of prepaid or periodic charges or dues; but the provisions of this Chapter shall not apply to the benefits available under automobile club membership contracts and automobile liability insurance policies which supply limited legal services or reimbursement for legal services in automobile-related matters under certificates of authority issued by the Insurance Commissioner, or to any Legal Aid or other legal services program for the indigent, or to any employer-employee legal services plan which is excluded from the provisions of this Chapter by the provisions of the federal Employee Retirement Income Security Chapter of 1974, or any amendments thereto. (c) `Legal Services'any services normally provided by an attorney, as well as the payment of court costs and related expenses incurred in the exercise of any right; but not including the payment of fines, penalties, judgments or assessments. (d) `Advertising'any communication, other than a solicitation, as hereinafter defined, to the public or any segment thereof by means of radio, television, newspaper, magazine, periodical, brochure, pamphlet, circular, or any other means, the apparent purpose or reasonable effect of which would be to convey information purporting to relate to or describe legal rights, legal services, attorneys, or Prepaid Legal Services Plans.

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(e) `Solicitation'any communication, written or oral, in person, or by means of telephone, radio, television, newspaper, magazine, periodical, brochure, circular, or otherwise, of any offer of coverage in a Prepaid Legal Services Plan, or invitation, or request to enroll in a Prepaid Legal Services Plan, or attempt to obtain consideration for the coverage of a Prepaid Legal Services Plan, or any other device, the apparent purpose or reasonable effect of which would be to induce the recipient thereof to enroll in, or pay any consideration for the coverage provided by, a Prepaid Legal Services Plan. (f) `Commissioner'The Insurance Commissioner of the State of Georgia. (g) `Subscriber'any person who has been enrolled in a Prepaid Legal Services Plan and is entitled to receive the benefits provided in the Plan. (h) `Subscription Contract'any contract signed by an authorized representative of a Prepaid Legal Services Plan and an individual, or an authorized representative of his group or employer or labor union or other entity with which he is affiliated, under which the individual becomes a Subscriber to the Plan. (i) `Insurer'as defined in this Chapter shall mean an insurer authorized to transact casualty insurance in this State or any corporation organized pursuant to the provisions of Chapters 56-17 or 56-18 of the Georgia Insurance Code. 56-3504. Licenses. (a) No person other than an insurer as defined herein shall act as a Sponsor nor enter into any contract with an individual person or persons whereby such person or persons becomes Subscribers to a Prepaid Legal Services Plan without first having obtained a license from the Commissioner to act as Sponsor of Prepaid Legal Services in this State. (b) The annual license fee shall be Two Hundred Fifty ($250.00) Dollars. The fee for said license shall be paid to

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the Commissioner for the use of the State on or before March 1st of each year. (c) Before any licensee changes his address, he shall return his license to the Commissioner who shall endorse the license indicating the change. (d) The person to whom the license or the renewal thereof may be issued shall file sworn answers, subject to the penalties of perjury, to such interrogatories as the Commissioner may require. The Commissioner shall have authority, at any time, to require the applicant fully to disclose the identity of all stockholders, partners, officers and employees, and he may, in his discretion, refuse to issue or renew a license in the name of any firm, partnership or corporation if he is not satisfied that any officer, employee, stockholder, or partner thereof who may materially influence the applicant's conduct meets the standards of this Chapter. 56-3505. Action by Commissioner on Application. Upon the filing of an application and the payment of the license fee, the Commissioner shall make an investigation of each applicant and shall issue a license if he finds the applicant is qualified in accordance with this Chapter. If the Commissioner does not so find, he shall, within ninety (90) days after he has received such application, so notify the applicant and, at the request of the applicant, give the applicant a full hearing. The Commissioner shall issue or renew a license as may be applied for when he is satisfied that the person to be licensed (a) Is competent and trustworthy and intends to act in good faith as a Sponsor of Prepaid Legal Services Plans in this State. (b) Has a good business reputation and has had experience, training, or education so as to be qualified to act as a Sponsor of Prepaid Legal Services Plans; and

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(c) If a corporation is a corporation incorporated under the laws of this State or a foreign corporation authorized to transact business in this State. 56-3506. Revocation and Suspension of Licenses. The Commissioner may revoke or suspend or refuse to renew the license of any Sponsor when and if after investigation the Commissioner finds that: (a) Any license issued to such Sponsor was obtained by fraud; (b) There was any misrepresentation in the application for the license; (c) The Sponsor has otherwise shown itself untrustworthy or incompetent to act as a Sponsor; (d) Such Sponsor has violated any of the provisions of this Chapter or of the Rules and Regulations of the Commissioner; (e) The Sponsor has misappropriated, converted, illegally withheld, or refused to pay over upon proper demand any monies entrusted to the Sponsor in its fiduciary capacity belonging to an insurer or insured; (f) The Sponsor is found to be in an unsound condition or in such condition as to render the future transaction of business in this State hazardous to the public. Before the Commissioner shall revoke, suspend, or refuse to renew the license of any Sponsor, he shall give to such person an opportunity to be fully heard and to introduce evidence in his behalf. In lieu of revoking, suspending, or refusing to renew the license for any of the causes enumerated in this section, after hearing, as herein provided, the Commissioner may place the Sponsor on probation for a period of time not to exceed one (1) year, or may fine such Sponsor not more than One Thousand ($1,000.00) Dollars for each offense, or both when, in his judgment, he finds that the public interest would not be harmed by the continued

Page 1274

operation of the Sponsor. The amount of any such penalty shall be paid by such Sponsor to the Commissioner for the use of the State. At any hearing provided by this section, the Commissioner shall have authority to administer oaths to witnesses. Anyone testifying falsely, after having been administered such oath, shall be subject to the penalty of perjury. Any action of the Commissioner taken pursuant to the provisions of this section shall be subject to such review as may be provided in Chapter 56-2 of the Georgia Insurance Code. 56-3507. Subscription Contracts; Form and Content; Filing and Approval by Commissioner. (a) Any Sponsor of any Prepaid Legal Services Plan, or authorized representative thereof, may enter into a Subscription Contract (i) with any person or (ii) with any person's employer or (iii) with any other person or group acting in his or its behalf under which a minimum of eighty (80%) percent of all individuals lawfully represented by such person or group become Subscribers to the Prepaid Legal Services Plan; provided, however, that: (1) No such Subscription Contract shall be written for a period longer than one year; and (2) In the case of Subscription Contracts issued to groups, no member of the group shall be bound by the Subscription Contract unless he indicates in writing to the group no earlier than ten (10) days after the date on which he has received effective notice of the terms and benefits of the Plan and the intention of his group to contract for such Plan that he does wish to become a Subscriber and to be bound by the Subscription Contract. The notice received by such member shall contain, without limitation, the provisions itemized in subsection 7(b) hereinbelow. (b) Every Subscription Contract shall be in writing and shall contain the following provisions: (1) A brief statement of the Plan's financial structure, including a statement of the amount of any premiums,

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charges or dues to be charged or currently being charged and the manner in which such amount is to be paid; (2) A statement of the amount of benefits, reimbursement or indemnity to be furnished to each Subscriber, and the period during which it will be furnished; and, if there are exceptions, reductions, exclusions, limitations, or restrictions of such reimbursement or indemnity, a detailed statement of such exceptions, reductions, exclusions, limitations or restrictions; (3) A statement of the terms and conditions upon which the Subscription contract may be cancelled or otherwise terminated by the Sponsor or by the Subscriber or by his employer or by his group; provided, however, that any such cancellation or termination by the Sponsor shall not become effective unless accomplished in accordance with the provisions of section 56-2430 of the Georgia Insurance Code; (4) A statement describing the applicability or non-applicability of the benefits of the Plan to the family dependents of the Subscriber; (5) A statement of the period of grace which will be allowed the Subscriber or his employer or group for making any payment due under the Subscription Contract, which period shall not be less than ten (10) days; (6) A statement describing a procedure for settling disputes between or among the Sponsor, participating or staff attorneys, and the Subscribers; (7) A statement that the Subscription Contract includes the endorsements thereon and attached papers, if any, and contains the entire contract; and (8) A statement that no statements by the Subscriber or his employer or group in the application for the contract shall void the Subscription Contract or be used in any legal proceeding thereunder, unless such application or an exact copy thereof is included in or attached to such Subscription Contract.

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(c) If a Prepaid Legal Services Plan is sponsored by an insurer or is underwritten by an insurer pursuant to the provisions of subsection 8(a) of this Chapter, then the Subscription Contract of such Plan shall contain a provision which shall provide that nothing contained in the Subscription Contract shall interfere in any way with the right of any individual Subscriber to retain any attorney of his free choice at the expense of the Plan. (d) Every Subscriber shall be furnished a copy of his Subscription Contract, and every employer or other group shall be furnished a copy of the Subscription Contract signed by it. (e) The Sponsor shall be required to file every Subscription Contract, and a copy of its underwriting rules with the Commissioner and a copy thereof shall be also sent to the State Bar of Georgia by the Sponsor. Such filings with the Commissioner shall be deemed approved ninety (90) days after the date such filing is received by the Commissioner, unless, prior to the expiration of said ninety (90) day period, the Commissioner notifies the Sponsor of the Prepaid Legal Services Plan in writing of the Commissioner's disapproval. The Commissioner shall require that all such Subscription Contracts shall be fair and reasonable, and shall not approve any Subscription Contracts or underwriting rules that are unfair or inequitable or contrary to the public policy of this State, or would, because such provisions are unclear or deceptively worded, encourage misrepresentation. 56-3508. Contracts for Underwriting; Contracts for Administration. (a) The Sponsor of any Prepaid Legal Services Plan, or authorized representative thereof, may contract with any company licensed to transact casualty insurance in this State or any corporation organized pursuant to the provisions of Chapters 56-17 or 56-18 of the Georgia Insurance Code, under which contracts such company agrees, for a consideration consisting of a specified premium to assume the monetary obligations of the Plan to provide or pay for the legal services covered by the Subscription Contracts issued under such Plan, upon the failure of the Plan itself to meet such obligations within a specified period. The

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duration of such contracts shall not be longer than three (3) years, and every such contract shall be filed with and subject to the approval of the Commissioner for the fairness of its terms and premiums. Said contracts shall be deemed approved ninety (90) days after the date of filing with the Commissioner, unless, prior to the expiration of such ninetyday period, the Commissioner notifies the Sponsor of the Prepaid Legal Services Plan in writing of the Commissioner's disapproval. Any Sponsor entering into such contracts shall fairly disclose to all Subscribers affected by them the nature and extent of the extra protection provided by them. Any Plan having lawful access to any other source of funds beside the premiums collected, which may be used to meet the obligations of the Plan under its Subscription Contracts, shall make similar fair disclosure to affected Subscribers. Any Sponsor which seeks to limit its liability under its Subscription Contracts to the total of funds collected in premiums from Subscribers shall state such limitation clearly and prominently in all such Subscription Contracts. (b) Any Sponsor of any Prepaid Legal Services Plan, or authorized representative thereof, may contract with any person to provide administrative services necessary to the administration of the Plan and the Subscription Contracts issued thereunder. The duration of such contracts shall not be longer than three (3) years, and every such contract shall be filed with and subject to the approval of the Commissioner as to the fairness of its terms. Said contracts shall be deemed approved ninety (90) days after the date of filing with the Commissioner, unless, prior to the expiration of such ninety-day period, the Commissioner notifies the Sponsor of the Prepaid Legal Services Plan in writing of the Commissioner's disapproval. 56-3509. Rates; Approval by Commissioner; Standards. (a) No Sponsor of any Prepaid Legal Services Plan, or authorized representative thereof, shall enter into any contract with Subscribers unless and until the Sponsor has filed with the Commissioner a copy of its underwriting rules and

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a full schedule of the rates, premiums or membership fees to be charged to the Subscribers. These filings shall be deemed to be approved by the Commissioner ninety (90) days after the date of filing with the Commissioner, unless, prior to the expiration of said ninety-day period, the Commissioner notifies the Sponsor of the Prepaid Legal Services Plan in writing of the Commissioner's disapproval. (b) In considering whether or not to approve a given rate schedule, the Commissioner shall consider the following factors: (1) whether the rates are adequate to insure that all the benefits contracted for will be supplied; (2) whether the rates are excessive; (3) whether the rates are unfairly discriminatory; and (4) whether the rates are otherwise contrary to the laws or public policies of this State. (c) Insurers authorized to transact casualty insurance in this State or any corporation organized pursuant to the provisions of Chapters 56-17 or 56-18 of the Georgia Insurance Code shall be required to comply with the requirements of this section if they sell or offer for sale policies of Prepaid Legal Services insurance in this State or if they underwrite Prepaid Legal Services Plans of Sponsors licensed to operate Prepaid Legal Services Plans in this State; provided, however, that nothing contained herein shall be deemed to relieve any Insurer authorized to transact casualty insurance in this State or any corporation organized pursuant to the provisions of Chapters 56-17 or 56-18 of the Georgia Insurance Code from complying with the requirements of Title 56 of the Georgia Code and the laws of this State. 56-3510. Advertising and Solicitation. (a) All advertising and solicitation concerning Prepaid Legal Services Plans shall be conducted in a simple, dignified manner. Every item of advertising or solicitation shall conform with the following standards:

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(1) The form and content of any advertisement or solicitation shall be accurate and shall be sufficiently complete and clear to avoid deception or the capacity or tendency to mislead or deceive. Whether an advertisement has a capacity or tendency to mislead or deceive shall be determined by the Insurance Commissioner from the overall impression that the advertisement may be reasonably expected to create upon a person of average education or intelligence, within the segment of the public to which it is directed, or within a segment of the public to which such advertisement may be reasonably calculated to reach. (2) All advertisements and solicitations shall be truthful and not misleading in fact or in implication. Words or phrases, the meaning of which is clear only by implications or by familiarity with insurance terminology, shall not be used. (3) Advertising and solicitation which include references to the legal rights or remedies of citizens shall be legally accurate. (4) Advertising and solicitation which include references to the particular characteristics of one or more Sponsors or Prepaid Legal Services Plans, or which compare one or more Sponsors or Prepaid Legal Services Plans, shall be truthful and not misleading. (5) No such advertising or solicitation shall contain the name, address, telephone number or any other identifying information about any attorney, and no such advertising or solicitation shall extol the alleged virtues or qualifications or point out the alleged shortcomings of any attorney, whether named or not; provided, however, that communications directed solely to existing Subscribers of Prepaid Legal Services Plans which restrict their benefits to services rendered by attorneys preselected by the Plan may include the names, addresses, and telephone numbers of participating attorneys. 56-3511. Unfair Trade Practices. The provisions of Chapter 56-7 of the Georgia Insurance Code applicable to `insurers' shall apply to Sponsors as defined in this Chapter

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and for the purpose of determining whether a violation of Chapter 56-7 has occurred, a `subscriber' as defined in this Chapter shall be deemed to be an `insured' or a `policy holder' as used in Chapter 56-7, whichever is applicable. 56-3512. Minimum Capital; Deposit; Bond or Reserves. No license or renewal license under this Chapter shall be issued to a Sponsor other than an Insurer as defined herein unless such sponsor: (a) shall possess as minimum capital and thereafter maintain a minimum balance of at least Five Thousand ($5,000.00) Dollars in its capital accounts as shown in its Annual Report to the Commissioner provided, however, the Commissioner shall in his discretion require such higher amounts of capital as he deems necessary for the protection of the public; and (b) shall deposit with the Commissioner securities acceptable to the Commissioner in the amount of Twenty-Five Thousand ($25,000.00) Dollars, or shall file with the Commissioner a bond to be approved by the Commissioner and made payable to the Commissioner or his successors in Office executed by such applicant as principal and by a corporate surety authorized to do business in this State in the penal sum of Twenty-Five Thousand ($25,000.00) Dollars conditioned that the Sponsor will conduct his business in accordance with the provisions of this Chapter and the laws of this State, and that the Sponsor will properly account for all monies collected in connection therewith. Such bond shall remain in full force and effect until the surety is released from liability by the Commissioner or until the bond is cancelled by the surety and no such bond shall be cancelled or terminated unless prior to such cancellation or termination, thirty (30) days' written notice is filed with the Commissioner. (c) shall maintain such minimum surplus as the Commissioner may require which shall be at least twenty-five (25%) percent of its anticipated income over a two (2) year period calculated on the basis of estimates of premium writings for two-year and five-year periods which shall be filed

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with the Commissioner as a part of the Sponsors rate filing required under section 9 of this Chapter. 56-3513. Annual Statement and Other Filings. Every Sponsor of a Prepaid Legal Services Plan shall, annually, on or before the first day of March, file in the Office of the Commissioner the following items: (a) A statement, verified by at least two of its principal officers or trustees, showing the financial condition of the Plan on the thirty-first day of December then next preceding, which shall be in such form and shall contain such matters as the Commissioner shall prescribe. A copy of such statement shall also be sent to each Subscriber to the Plan on or before the last day of March; (b) A statistical summary listing the numbers and types of claims paid and the average dollar amount of each type of claim; (c) A list of the groups currently subscribing to the Plan; (d) A statement of the name, organizational form and principal place of business of the Plan, and the name, organizational form and principal place of business of the Sponsor of the Plan; (e) Copies of all advertising or solicitation material which the Plan is using; and (f) Such other pertinent and relevant information as the Commissioner may reasonably require for the proper administration of this Chapter; provided, however, that all information furnished under this subsection 10 (f) shall be kept confidential by the Commissioner and shall not be made public by the Commissioner or any other person, without the prior written consent of the Sponsor or Insurer to which it pertains unless the Commissioner, after giving the Sponsor or insurer who would be affected thereby, notice and opportunity to be heard, determines that the interests of the Subscribers, policyholders, or the public will be served by the publication thereof, in which event he may publish all

Page 1282

or any part thereof in such manner as he may deem appropriate except to the extent that it may be produced in any judicial or administrative proceeding and may be admissible in evidence therein. 56-3514. Examination. (a) The Commissioner shall require every Sponsor of a Prepaid Legal Services Plan to retain at the address shown on its license the Plan-related books, records, accounts and vouchers for a term of three (3) years beginning immediately after the completion of the transaction and kept in such manner that the Commissioner or his authorized representatives may readily verify its annual statements and determine whether the Plan and the Sponsor are in compliance with the law. (b) The Commissioner, or his designee, shall, at least every three (3) years, visit each Sponsor of a Prepaid Legal Services Plan and examine into such of its affairs as relate to the business of operating the Plan. The Commissioner shall have free access to all plan-related books, records, accounts and vouchers of the Plan and may summon and examine under oath officers, trustees, agents and employees of the Plan and any other persons regarding the affairs and condition of the Plan; provided, however, that no information, written or oral, need be supplied under this or any other subsection of this Chapter in violation of the attorneyclient privilege as it is construed by the courts of this State. (c) Every Sponsor of a Plan being examined, its officers, employees, and representatives shall produce and make freely accessible to the Commissioner the accounts, records, documents, and files in its possession or control relating to the subject of the examination. Such officers, employees and representatives shall facilitate such examination and aid the examiners as far as it is in their power in making the examination. (d) (1) The Commissioner shall make a full written report of each examination made by him containing only facts ascertained from the accounts, records, and documents examined and from the sworn testimony of witnesses.

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(2) The report shall be certified by the Commissioner or by the examiner in charge of the examination and when so certified and, after filing as provided in subsection 11 (d) (3) hereof, shall be admissible in evidence in any proceeding brought by the Commissioner against the Sponsor of the Plan examined or any officer or agent of such Sponsor and shall be prima facie evidence of the facts stated therein. (3) The Commissioner shall furnish a copy of the proposed report to the Sponsor of the Plan examined not less than twenty (20) days prior to filing the report. If such Plan so requests in writing within such twenty (20) day period, or such longer period as the Commissioner may grant, the Commissioner shall grant a hearing with respect to the report, and shall not so file the report until after the hearing and such modifications have been made therein as the Commissioner may deem proper. (4) The Commissioner may withhold from public inspection the report of any examination or investigation for so long as he deems it to be in the public interest or necessary to protect the Plan examined from unwarranted injury. (5) After the report has been filed, the Commissioner may publish the report or the results thereof in one or more newspapers published in this State if he should deem it to be in the public interest. (e) The Sponsor of the Plan so examined shall pay, at the direction of the Commissioner, all the actual travel and living expenses of such examination. When the examination is made by an examiner who is not a regular employee of the Department, the Sponsor examined shall pay the proper charges for the services of the examiner and his assistants in an amount approved by the Commissioner. A consolidated account for the examination shall be filed by the examiner with the Commissioner. No Sponsor or other entity shall pay and no examiner shall accept any additional emolument on account of any examination. When the examination is conducted in whole or in part by regular salaried employees of the Insurance Department, payment for such services and proper expenses shall be made by the Sponsor

Page 1284

examined to the Commissioner, and such payment shall be deposited with the Fiscal Division of the Department of Administrative Services. 56-3515. Hearings, Judicial Review. Except as otherwise provided in this Chapter, all hearings and proceedings held under this Chapter shall be conducted in accordance with the provisions of Chapter 56-2 of the Georgia Insurance Code and the Commissioner shall have all the powers granted to him therein. 56-3516. Grounds for Enjoining Transaction of Business; Receivers. If the Commissioner finds that any Prepaid Legal Services Plan or its Sponsor (1) has failed to comply with any provision of this Chapter; (2) is fraudulently operated; (3) is in such condition as to render further Plan operations hazardous to the public interest or the interest of Subscribers; (4) is financially unable to meet its obligations and claims as they come due, or (5) has violated any other provision of law, he may apply to the Superior Court of Fulton County, State of Georgia, for an injunction. The Court may forthwith issue a temporary injunction restraining the transaction of any business by the Plan, and it may, after a full hearing, make the injunction permanent, and appoint one or more receivers to take possession of the books, papers, monies and other assets of the Plan to settle its affairs, and distribute its funds to those entitled thereto, subject to such rules and orders as the Court may prescribe. If the appears that a crime has been committed in connection with the sale, advertisement, administration or management of any Prepaid Legal Services Plan, the Attorney General of the State of Georgia may pursue the appropriate criminal action. 56-3517. Venue of Suits against Sponsors. The venue provisions applicable to `insurers' under Chapter 56-12 of the Georgia Insurance Code shall apply to Sponsors as defined in this Chapter. 56-3518. Rules and Regulations. The Commissioner shall have full power and authority to promulgate and adopt rules and regulations necessary for the implementation of this Chapter.

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56-3519. Obligations of Insurers and Certain Corporations. All insurers authorized to transact casualty insurance in this State or any corporation organized pursuant to the provisions of Chapters 56-17 or 56-18 of the Georgia Insurance Code who are authorized to issue policies of Prepaid Legal Services Insurance in this State shall be required to meet all the requirements of this Chapter unless specifically excepted therefrom by this Chapter; provided that nothing contained herein shall be deemed to relieve the obligations of an insurer authorized to transact casualty insurance in this State or any corporation organized pursuant to the provisions of Chapters 56-17 or 56-18 of the Georgia Insurance Code from complying with the requirements of Title 56 of the Georgia Code and any other applicable laws of this State. 56-3520. Investments. A sponsor shall invest the funds of a Prepaid Legal Services Plan only in such investments as are authorized by the Laws of this State for the investment of assets of casualty insurance companies and subject to the limitations thereon or in such investments as are authorized by the laws of this State for the investment of assets of corporations authorized to transact business in this State pursuant to provisions of Chapters 56-17 or 56-18 of the Georgia Insurance Code as the case may be. 56-3521. Administration of Deposits. Any deposits of a sponsor of a Prepaid Legal Services Plan deposited with the Commissioner pursuant to the provisions of this Chapter shall be administered by the Commissioner in accordance with provisions of Chapter 56-11 of the Georgia Insurance Code as though deposited by a domestic casualty insurer authorized to transact insurance in this State or as deposited by a corporation authorized to transact business in this State pursuant to the provisions of Chapters 56-17 or 56-18 of the Georgia Insurance Code as the case may be. 56-3522. Issuance of Subscription Contracts; When Prohibited. (a) No subscription contracts for prepaid legal services may be sold or offered for sale in this State prior to April 1, 1976; provided that nothing contained herein shall be deemed to prohibit an insurer authorized to transact

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casualty insurance in this State from selling or offering for sale in this State individually underwritten and individually issued policies of prepaid legal services insurance on policy forms which have been approved by the Commissioner pursuant to the provisions of Chapter 56-5 of the Georgia Insurance Code. (b) The provisions of this section shall not apply to any subscription contracts negotiated and issued in accordance with the provisions of section 302C of the Labor Management Relations Act of 1947 (87 Stat. 314, 29 U.S.C.A. Section 186(c) (8)). (c) The provisions of this section shall not apply in the event that prior to April 1, 1976, legal services plans coverages are mandated by any applicable State or federal laws or court decisions. Section 2. If any section, subsection, subdivision, paragraph, sentence or clause of this Chapter is held invalid or unconstitutional, such decision shall not affect the remaining portions thereof. 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 24, 1975. MOTOR VEHICLESCONTROLLED ACCESS HIGHWAYSVEHICLES MAY BE REMOVED FROM AFTER HAVING STOPPED FOR CERTAIN PERIOD OF TIME. Code 68A-1002 Amended. No. 686 (House Bill No. 908). An Act to amend Code section 68A-1002, authorizing police officers to remove vehicles, so as to authorize police officers

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to remove a vehicle which is stopped on a controlled access highway which is a part of the National system of Interstate and Defense Highways when such vehicle has been stopped for more than a certain period of time or when such vehicle constitutes a traffic hazard; to repeal counficting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 68A-1002, authorizing police officers to remove vehicles, is hereby amended by adding at the end of subsection (c) of said section a new subparagraph to be designated subparagraph (5), to read as follows: (5) such vehicle is stopped, except when traffic congestion makes movement impossible, on a controlled access highway which is a part of the National System of Interstate and Defense Highways, for more than eight hours unless such vehicle constitutes a traffic hazard in which case it may be removed immediately., so that when so amended, subsection (c) of Code section 68A-1002 shall read as follows: (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: Code 68A-1002 amended. (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) 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) any such vehicle has been left unattended for 24 hours or more, or (5) such vehicle is stopped, except when traffic congestion makes movement impossible, on a controlled access highway

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which is a part of the National System of Interstate and Defense Highways, for more than eight hours unless such vehicle constitutes a traffic hazard in which case it may be removed immediately. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1975. GAME AND FISHDISPOSAL OF CONTRABAND WILDLIFE PROVISIONS CHANGED. No. 687 (House Bill No. 937). An Act to amend an Act completely and exhaustively revising, superseding and consolidating the laws relating to the State Game and Fish Commission, approved March 7,1955 (Ga. L. 1955, 483), as amended, particularly by an Act approved March 20, 1970 (Ga. L. 1970, p. 466), so as to change the provisions for disposing of contraband wildlife, or parts thereof, which have been seized under the provisions of said Act; to authorize the Board of Natural Resources to adopt and promulgate rules and regulations governing the disposition of wildlife seized under said Act; 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. An Act completely and exhaustively revising, superseding and consolidating the laws relating to the State Game and Fish Commission, approved March 7, 1955 (Ga. L. 1955, p. 483), as amended, particularly by an Act approved March 20, 1970 (Ga. L. 1970, p. 466), is hereby amended by striking section 70A of said Act in its entirety and inserting in lieu thereof a new section 70A to read as follows:

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70A(a) Conservation Rangers, sheriffs and other peace officers of this State or any political subdivision thereof shall seize any wildlife taken, captured, killed or possessed in violation of the wildlife laws and regulations of this State, which shall be sold or disposed of in such manner as the commissioner may direct, and in conformance with any rules and regulations promulgated by the Board of Natural Resources, at any time after the expiration of thirty (30) days following such seizure, unless the owner thereof or the person in possession at the time of seizure files claim within such time in the city, county or superior court having jurisdiction in the county where such seizure was made, which claim shall be tried as other civil cases in said court. (b) If the wildlife seized is perishable or if by its nature, size or quantity it cannot be humanely, conveniently or economically stored, held, or contained, the Commissioner may at any time order that it be sold and the proceeds held in escrow for thirty (30) days following such seizure. Should the owner thereof or the person in possession at the time of seizure fail to file claim within thirty (30) days following seizure in the county, city or superior court having jurisdiction in the county where such seizure was made, the proceeds shall be paid into the State Treasury. (c) The Board of Natural Resources is authorized to promulgate rules and regulations governing the disposition of wildlife seized under this Act. 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.

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Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1975. GAME AND FISHREFUSAL TO ALLOW INSPECTION OF LICENSE BY RANGERS PENALIZED. No. 688 (House Bill No. 939). An Act to amend an Act revising, consolidating and superseding the laws of this State relative to game and fish, approved March 7, 1955 (Ga. L. 1955, p. 483), as amended, particularly by an Act approved April 18, 1973 (Ga. L. 1973, p. 1265), so as to make it unlawful for any person who is required to have on his person any license issued under the provisions of said Act to refuse to allow the inspection of such license by Conservation Rangers of the Department of Natural Resources; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act revising, consolidating and superseding the laws of this State relative to game and fish, approved March 7, 1955 (Ga. L. 1955, p. 483), as amended, particularly by an Act approved April 18, 1973 (Ga. L. 1973, p. 1265), is hereby amended by adding to section 31 of said Act a new subsection to be designated subsection (f) to read as follows: (f) It shall be unlawful for any person who is required to have on his person any license issued under the provisions of this Act to refuse to allow the inspection of such license upon demand by a Conservation Ranger of the Department

Page 1291

of Natural Resources or by a Deputy Conservation Ranger while carrying out duties assigned to him by the Board of Natural Resources. Section 2. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1975. GARNISHMENTAFFIDAVIT TO BE MADE BEFORE A JUDGE PROVIDED. Code Title 46 Amended. No. 689 (House Bill No. 941). An Act to amend Code Title 46, relating to garnishment, as amended, so as to require that an affidavit for garnishment be made before a judge, magistrate, or justice of the peace; to add to the required contents of such affidavit; to require such affidavit to clearly set out the facts upon which the garnishment is claimed and the facts upon which apprehension of loss is based; to require agents or

Page 1292

attorneys at law making such affidavits for a plaintiff to swear as to their personal knowledge of the facts; to provide for the issuance and service of summonses of garnishment on the defendant; to provide that a defendant against whom a garnishment has been issued may petition for an immediate hearing to dissolve such garnishment; to require the plaintiff at such hearing to show probable cause for the issuance of the garnishment; to provide for the issuance of orders at such hearings; to provide for damages; to relieve the garnishee from the duty to file an answer if the garnishment is dissolved; to provide that a petition for a hearing shall apply to certain subsequent summonses; to provide conclusive presumptions; to provide for the applicability of the Georgia Civil Practice Act but that a de novo hearing shall not be authorized; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Title 46, relating to garnishment, as amended, is hereby amended by striking section 46-102 in its entirety and substituting in lieu thereof a new section 46-102, to read as follows: 46-102. Affidavit; necessity and contents; bond. The plaintiff, his agent, or attorney at law shall make affidavit before the judge, magistrate, or justice of the peace before whom the said garnishment is being filed or the main case is filed stating the amount claimed to be due in such action, or on such judgment, that, if based on a judgment, no agreement has been made with the defendant for payment of the judgment, or, if an agreement has been made, the defendant is in default, and that he has reason to apprehend the loss of the same or some part thereof unless process of garnishment shall issue, and clearly setting out the facts upon which the garnishment is claimed and upon which the apprehension is based. The plaintiff shall give bond, with good security, in a sum at least equal to double the amount sworn to be due, payable to the defendant in the suit or judgment, as the case may be, conditioned to pay said defendant all costs and damages that he may sustain in consequence of

Page 1293

suing out said garnishment, in the event that the plaintiff shall fail to recover in the suit, or it shall appear that the amount sworn to be due on such judgment was not due, or that the property or money sought to be garnished was not subject to process of garnishment. No person shall be taken as security on the bond who is an attorney for the plaintiff or a nonresident unless the nonresident is possessed of real estate in the county where the garnishment issues of the value of the amount of such bond. Section 2. Said Code Title is further amended by striking Code section 46-103 in its entirety and substituting in lieu thereof a new Code section 46-103, to read as follows: 46-103. Affidavit by agent or attorney. When the affidavit shall be made by the agent or attorney at law of the plaintiff, he may swear according to his personal knowledge of the facts and may sign the name of the plaintiff to the bond, who shall be bound thereby in the same manner as though he had signed it himself. Section 3. Said Code Title is further amended by adding a new Code section immediately following Code section 46-105, to be designated Code section 46-105.1, to read as follows: 46-105.1. Summons of garnishment to defendant. The officer or clerk issuing summons of garnishment as provided for in Code section 46-105 shall cause a copy of said summons to be issued directly to the defendant; and upon such copy being delivered to any officer authorized by law to levy an attachment, it shall be his duty to serve and make his return of service of such copy of summons of garnishment upon the defendant as provided for in the Georgia Civil Practice Act, as now or hereafter amended. Section 4. Said Code Title is further amended by striking Code section 46-401 in its entirety and substituting in lieu thereof a new Code section 46-401, to read as follows: 46-401. Dissolution of garnishments; bond; judgment on bond; hearing; issuance of orders. (a) When garnishment

Page 1294

shall have been issued, the defendant may dissolve such garnishment upon filing in the clerk's office of the court, or with the justice of the peace, where suit is pending or judgment was obtained, a bond with good security, payable to the plaintiff, conditioned for the payment of any judgment that shall be rendered on said garnishment. The plaintiff may enter up judgment upon such bond against the principal and securities, as judgment may be entered against securities upon appeal, whenever said plaintiff shall obtain the judgment of the court against the property or funds against which garnishment shall have been issued. (b) As an alternative to the dissolution of such garnishment by posting bond as provided in subsection (a), the defendant, within 20 days after service, may make petition to the court from which the summons of garnishment was issued for an immediate hearing to dissolve the garnishment. (c) The plaintiff shall show probable cause for the issuance of said garnishment on the date set for the hearing or on any date by way of continuance. (d) The judge, magistrate, or justice of the peace at said hearing shall enter such order as he deems necessary for the protection of the plaintiff and the defendant against loss and damage in any case where the issue made by the petition and plaintiff's response thereto cannot be finally determined at said hearing. The summons of garnishment shall continue in effect with any monies, property or other goods answered in by the garnishee to remain in the possession or control of the court until a final determination by the judge, magistrate, or justice of the peace or the giving of a bond by the defendant as provided in subsection (a). The giving of a bond after the filing of a petition shall not prejudice the defendant in any way. (e) If at the hearing provided for in subsection (b) or any other final determination by the judge, magistrate, or justice of the peace it is determined that plaintiff was not entitled to the issuance of garnishment, the judge, magistrate, or justice of the peace shall order the garnishment dissolved and the delivery of any monies, property or goods

Page 1295

detained by such garnishment to the defendant or the dissolution of any bond given by the defendant. Further, the judge, magistrate, or justice of the peace may enter up judgment in favor of defendant for damages, if any, suffered by reason of the issuance of the summons of garnishment. If the garnishment is dissolved prior to the filing of an answer by the garnishee, the garnishee shall be relieved from filing said answer. (f) When summonses are issued from time to time under the provisions of Code section 46-105, to which a petition has been made to the first of such summonses, said petition shall apply as a petition to each additional summons, and each additional summons shall be subject to the provisions of subsections (d) or (e), whichever is applicable, and any orders issued thereunder. (g) Failure of defendant to file a petition within 20 days of service of the summons shall be considered a conclusive presumption that the plaintiff had a right to the issuance of garnishment and that the garnishment was properly issued and each additional summons issued as provided for in Code section 46-105 shall not rescind said conclusive presumption so as to allow the filing of a petition. All hearings under this Code Section shall be as provided by the Georgia Civil Practice Act, as now or hereafter amended, provided nothing contained herein shall authorize a de novo hearing on the issue entitling plaintiff to judgment or the issue in the suit pending. Section 5. Said Code Title is further amended by striking Code section 46-604 in its entirety and substituting in lieu thereof a new Code section 46-604, to read as follows: 46-604. Garnishment in another county. When any of the persons sought to be garnisheed shall reside in a county other than the one where suit shall be pending or in which judgment shall have been obtained, the plaintiff, his agent, or his attorney at law may make affidavit and give bond in any county in the State, before a judge, magistrate, or justice of the peace, and it shall be the duty of the officer taking such affidavit and bond to make out a copy thereof

Page 1296

and certify the same to be true, and to issue summons of garnishment for such person as he may be directed by the plaintiff, his agent, or his attorney at law, requiring him to appear at the next superior or justice's court of the county of the garnishee's residence, according as such suit shall be pending or judgment shall have been obtained in the superior or justice's court, then and there to depose according to the provisions of law; and it shall be the duty of the officer serving such summons to return or transmit the certified affidavit and bond, together with his actings and doings thereon, to the superior or justice's court of the county in which such suit shall be pending or judgment shall have been obtained, and to return the original affidavit and bond, with his actings and doings thereon, to the court where such person shall be summoned to appear; and all subsequent proceedings shall be the same as prescribed in relation to garnishment in cases of attachment where the garnishee shall reside out of the county in which the attachment shall be returnable. This section shall not be so construed as to repeal the preceding section, but as providing an additional mode of obtaining garnishment against persons residing out of the county where suit shall be pending or in which judgment shall have been obtained; and so much of said section as relates to the time in which service of summons of garnishment shall be made returnable to the superior or justice's court is hereby made a part of this section. Section 6. Said Code Title is further amended by striking Code section 46-702 in its entirety and substituting in lieu thereof a new Code section 46-702, to read as follows: 46-702. Persons in another militia district, how garnisheed. When any person or persons sought to be garnisheed reside in a militia district in the same county, different from the militia district in which suit is pending or judgment shall have been obtained, the plaintiff, his agent, or his attorney at law may make affidavit and give bond in the militia district where the person or persons sought to be garnisheed resides, before a judge, magistrate, or justice of the peace of said district authorized to issue an attachment; and it shall be the duty of the officer taking such

Page 1297

affidavit and bond to make out a copy thereof and certify the same to be true, and to issue summons of garnishment for such person or persons as he may be directed by the plaintiff, his agent, or his attorney at law, requiring such person or persons to appear at the next justice's court of the district of the garnishee's residence, at the time fixed in said summons of garnishment, to depose and answer according to law. The officer serving such summons shall return or transmit the certified affidavit and bond, together with his actings and doings thereon, to the justice's court of the district in which suit shall be pending or judgment shall have been obtained, and he shall return the original affidavit and bond, with his actings and doings thereon, to the court of the district of the garnishee's residence where such person so summoned shall appear; and all subsequent proceedings shall be the same as are provided for in cases where the garnishee shall reside in a county other than the one where suit shall be pending, or judgment shall have been obtained. Section 7. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1975.

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MARRIAGE LICENSEDRIVER'S LICENSE AUTHORIZED FOR USE TO PROVE AGE. Code 53-206 Amended. No. 690 (House Bill No. 973). An Act to amend Code section 53-206, relating to proof of majority for the issuance of a marriage license, as amended, particularly by an Act approved March 10, 1972 (Ga. L. 1972, p. 193), so as to provide that a driver's license may be used as proof of age; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 53-206, relating to proof of majority for the issuance of a marriage license, as amended, particularly by an Act approved March 10, 1972 (Ga. L. 1972, p. 193), is hereby amended by striking from said Code section the following: birth certificates,, and inserting in lieu thereof the following: birth certificates, driver's licenses, so that when so amended Code section 53-206 shall read as follows: 53-206. When the applicant claims that the parties have reached the age of majority, the judge of the probate court to whom the application is made shall satisfy himself that the applicant's contention as to their ages is true. If the judge of the probate court does not know of his own knowledge that both parties for whom a marriage license is sought have reached the age of majority, he shall require the applicants to furnish birth certificates, driver's licenses or baptismal certificates. In cases where the male applicant has not yet reached the age of majority and in cases where the female applicant has not yet reached her 16th birthday,

Page 1299

in addition to parental consent, the underage applicant or applicants must submit evidence in the form of a physician's certificate that the female is pregnant or that both applicants are parents of living child born out of wedlock in which case the parties may be issued a marriage license immediately. Applicants who have satisfactorily proved that they have reached the age of majority may be issued a marriage license immediately. Physician's certificate shall include only those certificates signed by physicians licensed under Code Chapters 84-9 or 84-12. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1975. DEPARTMENT OF INDUSTRY AND TRADEMEMBERSHIP PROVIDED. No. 692 (House Bill No. 990). An Act to amend an Act creating the Department of Commerce, approved February 7, 1949 (Ga. L. 1949, p. 249), as amended by an Act approved February 15, 1950 (Ga. L. 1950, p. 182), an Act approved February 19, 1956 (Ga. L. 1956, p. 46), and Act approved March 17, 1959 (Ga. L. 1959, p. 262), creating the Department of Industry and Trade in lieu of and as successor to the Department of Commerce, an Act approved March 6, 1962 (Ga. L. 1962, p. 694), and an Act approved April 7, 1972 (Ga. L. 1972, p. 1222), so as to provide for the membership of the Board of Commissioners of the Department of Community Development by April 1, 1979; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to amend an Act creating the Department of Commerce, approved February 7, 1949 (Ga. L. 1949, p. 249), as amended by an Act approved February 15, 1950

Page 1300

(Ga. L. 1950, p. 182), an Act approved February 19, 1956 (Ga. L. 1956, p. 46), an Act approved March 17, 1959 (Ga. L. 1959, p. 262), creating the Department of Industry and Trade in lieu of and as successor to the Department of Commerce, an Act approved March 6, 1962 (Ga. L. 1962, p. 694), and an Act approved April 7, 1972 (Ga. L. 1972, p. 1222), is hereby amended by striking the last sentence at the end of section 3 of said Act which reads as follows: Provided, however, by April 1, 1975, two of the members of the Board shall be appointed from officials of the Georgia Municipal Association; two of the members of the Board shall be appointed from officials of the County Commissioners Association; two of the members of the Board shall be appointed from officials of the advisory Committee on Area Planning and Development; and, four of the members are in the fields of planning and community affairs. and inserting in lieu thereof the following: Provided, however, by April 1, 1979, not less than five members of the Board shall be citizens whose interests are in the fields of planning and community affairs and represent local governments and area planning and development commissions; and not less than five members of the Board shall be citizens whose interests are in the fields of industry, trade and commerce. 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 24, 1975.

Page 1301

GOVERNOR AUTHORIZED TO ACCEPT RETROCESSION OF JURISDICTION OF LAND FROM UNITED STATES. Code Chapter 15-3 Amended. No. 693 (House Bill No. 1000). An Act to amend Code Chapter 15-3, relating to jurisdiction over lands ceded to or acquired by the United States of America, as amended, so as to provide authority and procedure for the acceptance by the Governor on behalf of the State of Georgia of retrocession of jursdiction, either partially or wholly in certain land by the United States of America; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 15-3, relating to jurisdiction over certain lands ceded to or acquired by the United States of America, as amended, is hereby amended by adding thereto a new section to be known as 15-306, to read as follows: 15-306. Retrocession of jurisdiction over certain lands cede to or acquired by the United States of America: (a) The consent of the State of Georgia is hereby given to the retrocession of jurisdiction, either partially or wholly, by the United States of America over land owned by the United States of America within the boundaries of the State of Georgia and the Governor of the State of Georgia is hereby authorized to accept for the State of Georgia such retrocession of jurisdiction. (b) Retrocession of jurisdiction shall be affected upon written notice by the principal officer of the agency of the United States of America having supervision and control over the land to the Governor of the State of Georgia describing said land by metes and bounds and specifying the nature of the jurisdiction therein to be retroceded to the State of Georgia and the entry of acceptance upon said written notice by the Governor of the State of Georgia.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1975. AGRICULTUREISSUANCE OF PUBLIC WEIGHERS SEAL IN TOBACCO WAREHOUSES PROVIDED. No. 695 (House Bill No. 1041). An Act to amend an Act providing for certified public weighers, approved February 25, 1949 (Ga. L. 1949, p. 1179), as amended, so as to provide for the issuance of a seal for certified public weighers in tobacco warehouses to the owner of the tobacco warehouse; to provide an effective date; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for certified public weighers in Georgia, approved February 25, 1949 (Ga. L. 1949, p. 1179), as amended is hereby amended by inserting after section 6 of the Act, and before section 7, a new section 6.A, to read as follows: Section 6.A Issuance of official seal to licensed warehousemen. For the weighing of leaf tobacco sold or offered for sale at a licensed tobacco warehouse, an official seal for certification of all weights made at said warehouse may be issued directly to the licensed warehouseman, and may be used for all weighings made at said warehouse, provided that all weighings shall be made by certified public weighers. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1975. OCMULGEE JUDICIAL CIRCUITCOURT REPORTERSEXPENSE ALLOWANCE PROVIDED. No. 696 (House Bill No. 1076). An Act to amend an Act providing an annual salary for the official court reporters of the Ocmulgee Judicial Circuit, approved March 2, 1970 (Ga. L. 1970, p. 120), so as to provide an expense allowance for said reporters; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing an annual salary for the official court reporters of the Ocmulgee Judicial Circuit, approved March 2, 1970 (Ga. L. 1970, p. 120), is hereby amended by adding between sections 1 and 2 a new section 1A, to read as follows: Section 1A. In addition to the salary provided for above, each official court reporter of the Ocmulgee Judicial Circuit shall receive an annual expense allowance of $5,000. Such allowance shall be paid to each court reporter by the counties comprising said Circuit in equal monthly installments in accordance with the formula set forth above for the payment of the salaries of the court reporters as provided for therein. The cost for the transcript of the testimony and proceedings of criminal cases shall be as provided by law. Expenses. 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.

Page 1304

NOTICE. Notice is hereby given that there will be introduced at the regular 1975 session of the General Assembly of Georgia, a bill to provide for an expense allowance for the official court reporters of the Ocmulgee Judicial Circuit; and for other purposes. This 31st day of January, 1975. E. Roy Lambert Representative, 112th District Judge George L. Jackson Judge of the Superior Courts Ocmulgee Judicial Circuit Judge Joseph B. Duke Judge of the Superior Courts Ocmulgee Judicial Circuit Georgia, Fulton County. Personally appeared before me, this undersigned authority, a duly authorized to administer oaths, E. Roy Lambert who, on oath, deposes and says that he is Representative from the 112th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Herald-Journal Greensboro, Georgia which is the official organ of Greene County, on the following dates: 2/7/75; 2/14/75; 2/21/75. /s/ E. R. Lambert Representative, 112th District Sworn to and subscribed before me, this 25th day of February, 1975. /s/ Dianne M. Covington Notary Public, Georgia, State at Large. My Commission Expires Feb. 19, 1978. (Seal).

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1975 session of the General Assembly of Georgia, a bill to provide for an expense allowance for the official court reporters of the Ocmulgee Judicial Circuit; and for other purposes. This 31st day of January, 1975. E. Roy Lambert Representative, 112th District Judge George L. Jackson Judge of the Superior Courts Ocmulgee Judicial Circuit Judge Joseph B. Duke Judge of the Superior Courts Ocmulgee Judicial Circuit Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. Roy Lambert who, on oath, deposes and says that he is Representative from the 112th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Eatonton Messenger, Eatonton, Georgia which is the official organ of Putnam County, on the following dates: 2/6/75; 1/13/75; 2/20/75. /s/ E. R. Lambert Representative, 112th District Sworn to and subscribed before me, this 25th day of February, 1975. /s/ Dianne M. Covington Notary Public, Georgia, State at Large. My Commission Expires Feb. 19, 1978. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1975 session of the General Assembly of Georgia,

Page 1306

a bill to provide for an expense allowance for the official court reporters of the Ocmulgee Judicial Circuit; and for other purposes. This 31st day of January, 1975. E. Roy Lambert Representative, 112th District Judge George L. Jackson Judge of the Superior Courts Ocmulgee Judicial Circuit Judge Joseph B. Duke Judge of the Superior Courts Ocmulgee Judicial Circuit Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. Roy Lambert who, on oath, deposes and says that he is Representative from the 112th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Wilkinson County News, Irwinton, Georgia which is the official organ of Wilkinson County, on the following dates: 2/6/75; 2/13/75; 2/20/75. /s/ E. R. Lambert Representative, 112th District Sworn to and subscribed before me, this 3rd day of March, 1975. /s/ Dianne M. Covington Notary Public. (Seal).

Page 1307

Notice of Intention to Introduce Legal Legislation. Notice is hereby given that there will be introduced at the regular 1975 session of the General Assembly of Georgia, a bill to provide for an expense allowance for the official court reporters of the Ocmulgee Judicial Circuit; and for other purposes. This 31st day of January, 1975. E. Roy Lambert Representative, 112th District Judge George L. Jackson Judge of the Superior Courts Ocmulgee Judicial Circuit Judge Joseph B. Duke Judge of the Superior Courts Ocmulgee Judicial Circuit Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. Roy Lambert who, on oath, deposes and says that he is Representative from the 112th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Madisonian Madison, Georgia which is the official organ of Morgan County, on the following dates: 1/2/75; 1/9/75; 1/16/75. /s/ E. R. Lambert Representative, 112th District Sworn to and subscribed before me, this 3rd day of March, 1975. /s/ Dianne M. Covington Notary Public (Seal).

Page 1308

Notice of Intention to Introduce Legal Legislation. Notice is hereby given that there will be introduced at the regular 1975 session of the General Assembly of Georgia, a bill to provide for an expense allowance for the official court reporters of the Ocmulgee Judicial Circuit; and for other purposes. This 31st day of January, 1975. E. Roy Lambert Representative, 112th District Judge George L. Jackson Judge of the Superior Courts Ocmulgee Judicial Circuit Judge Joseph B. Duke Judge of the Superior Courts Ocmulgee Judicial Circuit Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. Roy Lambert who, on oath, deposes and says that he is Representative from the 112th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Jones County News, Gray, Georgia which is the official organ of Jones County, on the following dates: 2/6/75; 2/13/75; 2/20/75. /s/ E. R. Lambert Representative, 112th District Sworn to and subscribed before me, this 25th day of February, 1975. /s/ Dianne M. Covington Notary Public, Georgia, State at Large. My Commission Expires Feb. 19, 1978. (Seal).

Page 1309

Notice of Intention to Introduce Legal Legislation. Notice is hereby given that there will be introduced at the regular 1975 session of the General Assembly of Georgia, a bill to provide for an expense allowance for the official court reporters of the Ocmulgee Judicial Circuit; and for other purposes. This 31st day of January, 1975. E. Roy Lambert Representative, 112th District Judge George L. Jackson Judge of the Superior Courts Ocmulgee Judicial Circuit Judge Joseph B. Duke Judge of the Superior Courts Ocmulgee Judicial Circuit Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. Roy Lambert who, on oath, deposes and says that he is Representative from the 112th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Monticello News Monticello, Georgia which is the official organ of Jasper County, on the following dates: 2/6/75; 2/13/75; 2/20/75. /s/ E. R. Lambert Representative, 112th District Sworn to and subscribed before me, this 3rd day of March, 1975. /s/ Dianne M. Covington Notary Public (Seal).

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1975 session of the General Assembly of Georgia a bill to provide for an expense allowance for the official court reporters of the Ocmulgee Judicial Circuit; and for other purposes. This 31st day of January 1975. E. Roy Lambert Representative, 112th District Judge George L. Jackson Judge of the Superior Courts Ocmulgee Judicial Circuit Judge Joseph B. Duke Judge of the Superior Courts Ocmulgee Judicial Circuit Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. Roy Lambert who, on oath, deposes and says that he is Representative from the 112th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Sparta Ishmaelite, Sparta, Georgia which is the official organ of Hancock County, on the following dates: 1/23/75; 1/30/75; 2/6/75. /s/ E. R. Lambert Representative, 112th District Sworn to and subscribed before me, this 26th day of February, 1975. /s/ Dianne M. Covington Notary Public, Georgia, State at Large. My Commission Expires Feb. 19, 1978. (Seal).

Page 1311

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1975 session of the General Assembly of Georgia, a bill to provide for an expense allowance for the official court reporters of the Ocmulgee Judicial Circuit; and for other purposes. This 31st day of January, 1975. E. Roy Lambert Representative, 112th District Judge George L. Jackson Judge of the Superior Courts Ocmulgee Judicial Circuit Judge Joseph B. Duke Judge of the Superior Courts Ocmulgee Judicial Circuit Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. Roy Lambert who, on oath, deposes and says that he is Representative from the 112th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Union-Recorder Milledgeville, Georgia which is the official organ of Baldwin County, on the following dates: 2/6/75; 2/13/75; and 2/20/75. /s/ E. R. Lambert Representative, 112th District Sworn to and subscribed before me, this 26th day of February, 1975. /s/ Dianne M. Covington Notary Public, Georgia, State at Large. My Commissioner Expires Feb. 19, 1978. (Seal). Approved April 24, 1975.

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GEORGIA SPECIAL ADULT OFFENDER ACT OF 1975. No. 698 (House Bill No. 1106). An Act to provide that this Act shall be known as the Georgia Special Adult Offender Act of 1975; to provide for definitions; to create a special Adult Offender Division under the State Board of Corrections; to provide for the adoption of rules; to provide for powers and duties; to provide for facilities and administrative support; to provide for treatment; to provide for further treatment and physical and mental examinations; to provide for transfers; to provide for conditional release; to provide for discharge; to provide for supervision; to provide for modification of orders; to provide for the revocation of orders and return of the adult offender to custody; to provide for sentencing; to provide for sentence computation; to provide for the effect of subsequent sentences; to provide for the effect of termination of status of adult offender; to provide for limitations; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Georgia Special Adult Offender Act of 1975; short title. This law shall be known and may be cited as the Georgia Special Adult Offender Act of 1975. Section 2. Same; definitions. As used in this law, unless the context otherwise requires, the following definitions apply. (a) Board means the State Board of Corrections. (b) Conviction means a judgment, on a verdict or finding of guilty, a plea of guilty, or a plea of nolo contendere, in a felony case; provided, however, it does not include any judgment upon a criminal offense for which the maximum punishment provided by law is death or life imprisonment. (c) Court means any court of competent jurisdiction other than a juvenile court.

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(d) Director means the Director of Corrections. (e) Treatment means corrective and preventative incarceration, guidance and training designed to protect the public by correcting the antisocial tendencies of adult offenders, which may include, but is not limited to, vocational, educational and other training deemed fit and necessary by the Division. (f) Adult Offender means any male or female offender who is 21 years of age or older at the time of conviction. (g) Community rehabilitation center means a rehabilitation and custodial center established within a county for the purpose of assisting in the rehabilitation of adult offenders in a neighborhood and family environment in cooperation with community educational, medical and social agencies. (h) Division means the Special Adult Offender Division. Section 3. Same; creation; membership, compensation. There is hereby created under the State Board of Corrections a Division to be known as the Special Adult Offender Division. Such Division shall consist of the Director of Corrections and such other members as deemed appropriate by the Director of Corrections. Section 4. Same; adoption of rules. At any time, the Division may recommend to the Board such rules and regulations as it deems necessary or convenient, provided however, the Board shall adopt all rules and regulations necessary or convenient to the operation of the Division or to carry out the purposes of this Act. Section 5. Same; general powers and duties. (a) The Division shall have the following general powers and duties: it shall meet to consider problems of treatment and corrections; it shall consult with and make recommendations to the Director with respect to general treatment and correctional policies and procedures for committed adult offenders; it shall recommend to the State Board of Pardons and Paroles

Page 1314

orders to direct the release of adult offenders conditionally under supervision and orders to direct the release of such offenders unconditionally; and, it shall take such further action and recommend such other orders to the Director and the State Board of Corrections as may be necessary or proper to carry out the purposes of this Act. (b) The Board of Pardons and Paroles shall have the authority to release an offender sentenced under the Adult Offender Act, to terminate such offender's status under the Act, and to discharge such offender from a sentence under the Act. Section 6. Same; appropriations. All funds to be used in the operation of the Division shall come from the funds appropriated to the State Board of Corrections. Section 7. Same; facilities and administrative support, general. It is not the intent of this Act to create an independent agency, therefore, all facilities and operational support for the Division shall be provided or allocated by the Director subject to the approval or disapproval of the Board. Such facilities and operational support are to be provided from any facilities, staff, equipment, supplies, or other items under the control, jurisdiction or authority of the Board. Section 8. Same; facilities, treatment. (a) Adult offenders shall undergo treatment in medium or minimum security institutions. Such institutions may include training schools, hospitals, farms, forestry and other camps, vocational training facilities and any other institution or agency that will provide the essential varieties of treatment. (b) The Director may, to the extent necessary, set aside and place under the jurisdiction of the Division such facilities described in subsection (a), as are necessary to carry out the purposes of this Act. (c) To the extent possible (1) such institutions and facilities shall be used only for committed adult offenders, (2) such adult offenders shall be segregated from the other offenders, and (3) classes of committed adult offenders shall be segregated according to the needs for treatment.

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Section 9. Same; treatment, general. (a) The Director shall cause to be made a complete study and diagnosis of each adult offender including a physical examination and, where possible and indicated, a mental examination. In the absence of exceptional circumstances, each study and diagnosis shall be completed within a period of 60 days from the date of commitment. The Director shall forward to the Division a report of the results of the study and diagnosis with respect to each such adult offender along with his recommendation as to the treatment that should be afforded each offender. At least one member of the Division other than the Director shall, as soon as practical after commitment, interview the adult offender, review all reports concerning him and make such recommendations to the Division as may be indicated. (b) Upon the receipt of all reports and recommendations required by subsection (a) the Division shall: (1) Recommend to the State Board of Pardons and Paroles that the committed adult offender be released conditionally under supervision; or (2) Allocate and direct a transfer of the committed adult offender to an institution or facility for treatment (subject to final approval or disapproval by the Director); (3) Order the committed adult offender confined and afforded treatment under such conditions as are necessary for the protection of the public (subject to the final approval or disapproval by the Director). Section 10. Same; transfer. The Director, or the Division upon reasonable notice to the Director, may at any time order the transfer of an adult offender from one institution or facility to another institution or facility under this Act. Section 11. Same; release, conditional. When, upon recommendation of the Division after receipt of the reports and recommendation provided by section 9(a) of this Act, or in his own judgment, the Director determines that the committed adult offender should be released conditionally

Page 1316

under supervision, he shall so report to the State Board of Pardons and Paroles and recommend that the Board of Pardons and Paroles issue an order granting said adult offender a conditional release under supervision. Section 12. Same; discharge. (a) When, upon recommendation of the Division after receipt of the reports and recommendations provided by Section 9(a) of this Act, or in his own judgment, the Director determines that a committed adult offender should be discharged, he shall so report to the Board of Pardons and Paroles and shall recommend that the Board of Pardons and Paroles issue an order granting the adult offender a discharge. Provided, however, that in no circumstances should any such adult offender be discharged prior to the expiration of one year from the date of his conditional release. (b) Notwithstanding subsection (a) an adult offender shall be discharged on the expiration of 5 years from the date of his conviction or on the expiration of the maximum term of imprisonment provided by law for the offense of which he was convicted, whichever occurs sooner. Section 13. Same; release, supervision. Committed adult offenders, conditionally released, shall be under the supervision of supervisory agents of the agency providing supervision for parolees. The supervisory agents shall be appointed by such agency and the powers and duties of supervisory agents shall be limited and defined by regulations adopted by said agency. Section 14. Same; modification of orders. (a) The Director, or the Division subject to the approval of the Director, may modify any previous orders respecting a committed adult offender except an order of conditional or unconditional release. (b) Upon recommendation of the Division, the Director may recommend to the Board of Pardons and Paroles that it modify its order which released the adult offender conditionally under supervision.

Page 1317

Section 15. Same; revocation and return. (a) If an adult offender after having been conditionally released, vioolates the conditions of his release, the Board of Pardons and Paroles shall consider whether his conditional release should be revoked in the same manner as if it were considering revocation of parole. (b) If the Board of Pardons and Paroles revokes an adult offender's conditional release, the offender shall be returned to the custody of the Board of Corrections. The Board of Corrections shall then (1) continue the offender under the Special Adult Offender Act, or (2) terminate the offender's status under the Special Adult Offender Act. Section 16. Same; sentence. (a) If a court finds that an adult offender might benefit from the provisions of this Act, the court may elect to sentence the adult offender under this Act by indicating such election in writing in the sentence itself, in which case, the sentence of the court should state that A.B. is sentenced under the Adult Offender Act for an indeterminate period. (b) The sentencing court shall have the authority, within 60 days from the date of acceptance by the Board of the adult offender, to modify and change the sentence by either placing an adult offender under the provisions of this Act or removing an adult offender from the provisions of this Act. The sentencing court may request the Board to furnish to the court a written diagnosis and evaluation of the adult offender with a recommendation as to the classification of the adult offender all within 60 days from the acceptance by the Board of the adult offender. (c) The sentencing court may in its discretion probate such sentence under conditions as the court deems appropriate, in which case, the sentence should further state said sentence to be served on probation and should list therein the conditions of probation. If the adult offender subsequently violates the terms or conditions of his probation and such probation is revoked by the court, the offender shall be committed to the custody of the Division.

Page 1318

(d) If the court does not elect to probate a sentence under the Special Adult Offender Act as provided in subsection (c), the offender shall be committed to the custody of the Division. (e) If at the time of the sentence, the court did not elect to sentence the adult offender under the provisions of this Act, but instead sentenced such offender to probation pursuant to other applicable law, upon a revocation of such probation, the court may nevertheless commit such offender under the Special Adult Offender Act by so stating in the order of revocation. Section 17. Same, term of sentence computation. (a) A sentence under the Special Adult Offender Act shall be a sentence for a term of five years, or a term equal to the maximum term of imprisonment provided by law for the offense for which the offender is convicted if such maximum term is less than five years. During the time that an adult offender is serving such sentence under the Special Adult Offender Act, whether such offender is in custody, on release or on probation, statutory, extra and performance good time shall not accrue or be awarded. (b) Subject to the provisions of section 12(b) of this Act, relating to the time at which an adult offender must be unconditionally discharged, when an adult offender is sentenced under the Special Adult Offender Act, the length of such offender's confinement or the length of time that such offender may be under a conditional release, shall be within the discretion of the Board of Pardons and Paroles. Section 18. Same; effect of subsequent sentence. (a) If after having been sentenced under the Special Adult Offender Act and while serving such sentence either in custody or on release, an adult offender receives another felony sentence not under the Special Adult Offender Act, to run either concurrent or consecutive, such offender's status under the Act shall be terminated; provided, however, that upon recommendation of the Division, the Board of Pardons and Paroles may elect to continue such offender under the Special Adult Offender Act.

Page 1319

(b) If an offender is serving a sentence in custody, that was not imposed under the Special Adult Offender Act but was imposed under some other applicable law, and such offender subsequently receives a concurrent sentence imposed under the Special Adult Offender Act, such offender shall not come under the Special Adult Offender Act and the subsequent sentence under the Special Adult Offender Act shall be returned to the sentencing court for imposition of a sentence under another provision of law. Section 19. Same; effect of termination of status. When an offender's status under the Special Adult Offender Act is terminated pursuant to the provisions of this Act, such offender shall not thereafter be eligible for a conditional or unconditional release, but shall only be eligible for discharge, pardon, parole, or remission of sentence in the same manner as one who was not sentenced under this Act. In such cases the term of the sentence and the discharge date shall be calculated subject to the provisions of section 17(a) of this Act. Section 20. Same; limitations. (a) Nothing in this Act shall limit or affect the power of any court to proceed in accordance with any other applicable provisions of law. (b) Nothing in this Act shall be construed in any wise to amend, repeal or affect the jurisdiction of Pardons and Paroles Board. Section 21. Severability. If any provisions of this Act or the application thereof to any person or circumstances 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 22. Effective Date. The effective date of this Act shall be July 1, 1976.

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Section 23. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1975. GRANTS TO STUDENTS ATTENDING PRIVATE COLLEGES INCREASED. No. 699 (House Bill No. 1109). 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), as amended by an Act approved March 21, 1974 (Ga. L. 1974, p. 487), so as to change the amount of such grants for certain students; 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. 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 by an Act approved March 21, 1974 (Ga. L. 1974, p. 487), is hereby amended by striking section 2 in its entirety and inserting in lieu thereof of new section 2 to read as follows: Section 2. There is hereby granted to each eligible student attending an approved institution of higher learning, the sum of $400 per academic year which shall be distributed to the student as hereinafter provided. Beginning with the 1975-76 academic year and for each year thereafter, the above amount of $400 shall be increased to $500 for freshman students. In the event the General Assembly appropriates sufficient funds, the above amount $400 shall be increased to $600 for all undergraduate students, beginning with the academic year 1976-77 and for each academic year

Page 1321

thereafter. No grants shall be made to graduate or professional students for any academic year, unless a specific appropriation for that purpose is provided in the General Appropriations Act. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1975. COBB JUDICIAL CIRCUITASSISTANT DISTRICT ATTORNEYSPROVISIONS CHANGED. No. 701 (House Bill No. 1159). An Act to amend an Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, particularly by an Act approved March 27, 1972 (Ga. L. 1972, p. 399), and an Act approved April 13, 1973 (Ga. L. 1973, p. 584), so as to change the provisions relating to the appointment of Assistant District Attorneys of said circuit; to change the salary provisions relating to the Assistant District Attorneys; to delete the designation of First Assistant District Attorney; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ca. L. 1951, p. 184), as amended, particularly by an Act approved March 27, 1972 (Ga. L. 1972, p. 399), and an Act approved April 13, 1973 (Ga. L. 1973, p. 584), is hereby amended by striking section 4B in its entirety and inserting in lieu thereof a new section 4B, to read as follows: Section 4B. The District Attorney is hereby authorized to appoint in addition to those Assistant District Attorneys otherwise provided by law, two full-time or part-time Assistant

Page 1322

District Attorneys who shall serve at the pleasure of the District Attorney and who shall assist the District Attorney in the performance of his duties. All Assistant District Attorneys shall have been admitted to the practice of law in all of the courts of the State of Georgia, and be members in good standing of the State Bar of Georgia, and shall be authorized to serve in the place of the District Attorney, in his absence or disqualification. All Assistant District Attorneys shall be compensated in the sum of not less than $9,000.00 nor more than $22,000.00 per annum. The exact amount of said compensation shall be determined by the District Attorney of the Cobb Judicial Circuit. Said sum shall be payable in equal monthly installments from the general funds of said county with the exception that whenever the State of Georgia shall provide compensation to any of the Assistant Districts, the amount of State compensation shall be deducted from the total salary paid from the general funds of Cobb County, Georgia. Appointments. Notwithstanding any other provisions of this section, the governing authority of Cobb County shall be authorized to provide for additional Assistant District Attorneys to assist the District Attorney in carrying out the duties of his office. Section 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 1975 session of the General Assembly of Georgia, a bill to amend the Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, so as to change the provisions relating to the appointment of assistant district attorneys of said circuit, to change the salary provisions relating to the assistant district

Page 1323

attorneys, to delete the designation of first assistant district attorney, and for other purposes. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, G. Robert Howard who, on oath, deposes and says that he is Representative from the 19th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: February 21, 28, and March 7, 1975. /s/ G. Robert Howard Representative, 19th District Sworn to and subscribed before me, this 10th day of March, 1975. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 24, 1975. COBB JUDICIAL CIRCUITINVESTIGATORSALARY CHANGED. No. 702 (House Bill No. 1161). An Act to amend an Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, so as to change the compensation provisions relating to the investigator; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 1324

Section 1. An Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, is hereby amended by striking section 4(a) in its entirety and inserting in lieu thereof a new section 4(a) to read as follows: Section 4. (a) Said district attorney is hereby authorized to appoint an investigator, Cobb Judicial Circuit, to serve at the pleasure of said district attorney and to generally perform such duties as may be assigned by said district attorney. He shall have the same power to make arrests, to execute and return all criminal warrants and processes and serve as a peace officer as may be performed by a sheriff and he shall be subpoena clerk in the superior court for the purpose of summoning witnesses before the grand jury. He shall receive as compensation for the performance of such duties a sum of not less than $9,860.00 per annum and not more than $12,000.00 per annum, the exact amount to be determined by the district attorney. The compensation shall be paid in equal monthly installments from the general funds of Cobb County, Georgia. Salary. 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 1975 session of the General Assembly of Georgia, a bill to amend the Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended so as to change the provisions relating to the appointment of assistant district attorneys of said circuit, to change the salary provisions relating to the assistant district attorneys; to delete the designation of first assistant district attorney; and for other purposes.

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, G. Robert Howard who, on oath, deposes and says that he is Representative from the 19th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: February 21, 28, and March 7, 1975. /s/ G. Robert Howard Representative, 19th District Sworn to and subscribed before me, this 11th day of March, 1975. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 24, 1975. PUBLIC OFFICERSABOLISHMENT OF RIGHT TO MAKE UNSWORN STATEMENT TO GRAND JURY PROVIDED. Code 89-9908 Amended. No. 703 (House Bill No. 12). An Act to amend Code section 89-9908, relating to indictments, presentments or accusations for malpractice by certain public officers or officials and their appearance before a grand jury, as amended by an Act approved April 20, 1967 (Ga. L. 1967, p. 858), so as to abolish the right of such officers and officials to make an unsworn statement to the grand jury; 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 1326

Section 1. Code section 89-9908, relating to indictments, presentments or accusations for malpractice by certain public officers or officials and their appearance before a grand jury, as amended by an Act approved April 20, 1967 (Ga. L. 1967, p. 858), is hereby amended by striking from said section the following: such statement, sworn or unsworn, as, and inserting in lieu thereof the following: such sworn statement as, and by striking from said section the following: , sworn or unsworn,, so that when so amended, Code section 89-9908 shall read as follows: 89-9908. Indictment for malpractice. Trial by jury.A proposed indictment, presentment, or accusation under the preceding section shall specially set forth the merits of the complaint, and a copy thereof shall be served on the accused before it is laid before the grand jury. The accused shall have the right to appear before the grand jury and make such sworn statement as he shall desire at the conclusion of the presentation of the State's evidence; the accused shall not be subject to examination either direct or cross, and shall not have the right individually or through his counsel to examine witnesses; the accused and his counsel shall have the right to be present during the presentation of all evidence and statements of the accused on the proposed indictment, presentment, or accusation, after which he and his counsel shall retire from the grand jury room. If a true bill is returned by the grand jury, the case shall proceed to trial as in other criminal cases. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1975.

Page 1327

SENATE COMMITTEE ON ECONOMY, REORGANIZATION AND EFFICIENCY IN GOVERNMENT RESOLUTION AMENDED. No. 45 (Senate Resolution No. 7). A Resolution. To amend a Resolution creating the Senate Committee on Economy, Reorganization and Efficiency in State Government, approved February 12, 1963 (Ga. L. 1963, p. 486), as amended by a Resolution approved March 25, 1964 (Ga. L. 1964, p. 744), so as to make certain changes in the membership thereof; to repeal conflicting laws; and for other purposes. Be it resolved by the General Assembly of Georgia that a Resolution creating the Senate Committee on Economy, Reorganization and Efficiency in State Government, approved February 12, 1963 (Ga. L. 1963, p. 486), as amended by a Resolution approved March 25, 1964 (Ga. L. 1964, p. 744), is hereby amended by striking that paragraph which reads as follows: Said Committee, as hereby created, shall consist and be composed of eleven (11) members of the Senate, with the President and the President Pro Tem of the Senate as ex officio members., and substituting in lieu thereof a new paragraph to read as follows: Said Committee, as hereby created, shall consist and be composed of twelve (12) members of the Senate. Members. Be it further resolved that all laws and parts of laws in conflict herewith are hereby repealed. Approved April 25, 1975.

Page 1328

TEACHERS' RETIREMENT SYSTEM ACT AMENDEDCREDITABLE SERVICE PROVISIONS CHANGED. No. 704 (House Bill No. 15). An Act to amend an Act establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, so as to change the provisions relative to retirement benefits; to provide that any member who retired with 35 or more years of creditable service whose retirement benefit was reduced because of his age having been less than the normal age of retirement in effect at the time he retired, shall be entitled to an adjusted retirement benefit based upon a calculation made without the application of the age reduction factor; 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, is hereby amended by adding the following sentence after the second sentence of paragraph (c) of subsection (2) of section 5: Any member who retired with 35 or more years of creditable service whose retirement benefit was reduced because of his age having been less than the normal age of retirement in effect at the time he retired, shall be entitled to an adjusted retirement benefit based upon a calculation made without the application of the age reduction factor., so that when so amended, paragraph (c) of subsection (2) of section 5 shall read as follows: (c) In the case of the retirement of any member 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

Page 1329

is below 62 years. The aforesaid reduction shall not apply in calculating the service allowance for disability retirement or death. Any member who retired with 35 or more years of creditable service whose retirement benefit was reduced because of his age having been less than the normal age of retirement in effect at the time he retired, shall be entitled to an adjusted retirement benefit based upon a calculation made without the application of the age reduction factor. 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 2. This Act shall become effective when funds are appropriated or otherwise are available to carry out the purposes and provisions of this Act. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1975. HEALTH LAWS STUDY COMMITTEE CREATED. No. 46 (Senate Resolution No. 57). A Resolution. Creating the Health Laws Study Committee; and for other purposes. Whereas, the laws relating to public health in the State of Georgia have greatly multiplied since the enactment of the Georgia Health Code of 1964; and Whereas, a need exists to compile, clarify and codify laws relating to public health. Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created the Health Laws Study Committee to be composed of ten members to be

Page 1330

selected as follows: three members of the Senate who shall be appointed by the President of the Senate; three members of the House of Representatives who shall be appointed by the Speaker of the House of Representatives; and four members to be appointed by the Governor. The Committee shall be authorized to study and review State laws relating to public health and to prepare legislation necessary to compile, clarify and codity State laws relating to public health. The Committee is further authorized to conduct meetings at such places and at such times as it considers expedient and to do all other things consistent with this Resolution which are necessary or convenient to enable it to fully and adequately exercise its powers, perform its duties and accomplish the objectives and purposes of this Resolution. The Department of Human Resources is authorized to furnish such assistance to the Committee as the Committee deems appropriate, and the Department is further authorized to employ consultants to assist the Committee. Each member of the Committee except State officials and employee members shall receive for his services on the Committee the expenses and allowances authorized by law for members of interim legislative committees. State officials and employee members of the Committee shall receive no compensation for their services, but they shall be reimbursed for expenses incurred by them in the performance of their duties as members of the Committee. The funds necessary for the reimbursement of the expenses of State officials and employee members shall come from funds appropriated or otherwise available to their respective departments. All other funds necessary to carry out the provisions of this Resolution shall come from funds appropriated or otherwise available to the Legislative Branch of Government. The Committee shall make a report of its findings and recommendations, with suggestions for proposed legislation, if any, to the 1976 Session of the General Assembly on or before December 31, 1975, at which time the Committee shall stand abolished. Approved April 25, 1975.

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JURIESCERTAIN ACTIONS TRIED BEFORE JURY OF SIX PROVIDED. Code Chapter 59-7 Amended. No. 705 (House Bill No. 128). An Act to amend Code Chapter 59-7, relating to traverse juries in general, as amended, so as to provide that all civil actions where the claim for damages is less than $5,000.00, exclusive of interest and costs, in the superior courts and State Courts which presently operate under Superior Court rules shall be tried by a jury of six jurors; to provide for jury panels; to provide for the making up of panels; to change the provisions relating to strikes; 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 Chapter 59-7, relating to traverse juries in general, as amended, is hereby amended by striking Code section 59-703 in its entirety and inserting in lieu thereof a new Code section 59-703 to read as follows: 59-703. Panels, How Made; Procedure Where Parties Do Not Agree on Panel; Striking Jurors. (a) In all civil actions where the claim for damages is less than Five Thousand ($5,000.00) Dollars, exclusive of interest and costs, the judges of the superior courts, at each term shall, from the petit jurors, have made up two panels of 6 jurors each, which shall be known and distinguished as panels `number 1' and `number 2'; all cases in said courts shall be tried by one or the other of said panels if the said parties shall agree upon a panel. If the parties shall not agree upon a panel, the clerk shall furnish the parties or their attorneys a list of both panels from which the parties or their attorneys may strike alternately until there shall be but 6 left which shall constitute the jury to try the case. In all cases the Plaintiff shall have the first strike. (b) In all other civil actions, the judges of the said courts, at each term, shall, from the petit jurors, have made

Page 1332

up two panels of 12 jurors each, which shall be known and distinguished as panels `number one' and `number two'; all cases in said courts shall be tried by one or the other of said panels if the parties shall agree upon a panel. If the parties shall not agree upon a panel, the clerk shall furnish the parties or their attorneys a list of both panels, from which the parties or their attorneys may strike alternately until there shall be but 12 left, which shall constitute the jury to try the case. In all cases the Plaintiff shall have the first strike. Section 2. Said Chapter is further amended by striking Code section 59-704 in its entirety and inserting in lieu thereof a new Code section 59-704 to read as follows: 59-704. Parties Entitled to Full Panel; Filling Panel with Tales Jurors. (a) In all civil actions in the said courts where the claim for damages is less than Five Thousand ($5,000.00) Dollars, exclusive of interest and costs, in the superior courts, each party may only demand a panel of 12 competent and impartial jurors from which to strike a jury, and when one or more of the regular panel of traverse jurors shall be absent or for any reason disqualified, the presiding judge, at the request of counsel for either party, shall cause the panel to be filled by tales jurors to the number of 12, before requiring the parties or their counsel to strike a jury. (b) In all other civil actions in the said courts, each party may demand a full panel of 24 competent and impartial jurors from which to strike a jury, and when one or more of the regular panel of traverse jurors shall be absent or for any reason disqualified, the presiding judge, at the request of counsel for either party, shall cause the panel to be filled by tales jurors to the number of 24, before requiring the parties, or their counsel, to strike a jury. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1975.

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GENERAL APPROPRIATIONS ACT. No. 706 (House Bill No. 170). An Act to make and provide appropriations for the fiscal year beginning July 1, 1975, and ending June 30, 1976; to make and provide such appropriations for the operation of the State Government, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: That the sums of money hereinafter provided are appropriated for the fiscal year beginning July 1, 1975, and ending June 30, 1976, as prescribed hereinafter for such fiscal year, from the General Funds of the State, including unappropriated surplus and Federal Revenue Sharing Funds and an amended revenue estimate of $1,823,000,000 for fiscal year 1976. PART I. LEGISLATIVE BRANCH Section 1. Legislative Branch. Budget Unit: Legislative Branch $ 8,192,000 1. Operations $ 7,750,000 Total Funds Budgeted $ 7,750,000 State Funds Budgeted $ 7,750,000 2. For Election Blanks and Other Election Expenses $ 330,000 Total Funds Budgeted $ 330,000 State Funds Budgeted $ 330,000 3. Georgia Official and Statistical Register $ 112,000 Total Funds Budgeted $ 112,000 State Funds Budgeted $ 112,000 Budget Unit Object Classes: Operations $ 7,750,000 Election Blanks and Other Election Expenses $ 330,000 Georgia Official and Statistical Register $ 112,000

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For compensation, expenses, mileage, allowances, travel and benefits for members, officials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the National Conference of Commissioners on Uniform State Laws; for membership in the Council of State Governments, the National Conference of State Legislatures and the National Conference of Insurance Legislators and other legislative organizations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other Compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; for the Legislative Services Committee, the Office of Legislative Counsel and the Office of Legislative Budget Analyst; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for the annual report of the State Auditor to the General Assembly; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government. 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.

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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 $ 2,455,000 1. Operations $ 2,115,000 Total Funds Budgeted $ 2,115,000 State Funds Budgeted $ 2,115,000 2. Tax Ratio Study $ 340,000 Total Funds Budgeted $ 340,000 State Funds Budgeted $ 340,000 Budget Unit Object Classes: Operations $ 2,115,000 Tax Ratio Study $ 340,000 PART II. JUDICIAL BRANCH Section 3. Supreme Court. Budget Unit: Supreme Court $ 1,109,000 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. Session, pp. 478-479.

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Section 4. Superior Courts. Budget Unit: Superior Courts $ 7,299,603 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. For the cost of operating the Judge Sentence Review Panel as created by 1974 Ga. L., p. 358. 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 $55,000 per annum for each judgeship created by law during the 1975 session of the General Assembly. Provided, that of the above appropriation relating to Superior Courts, $100,000 is designated and committed for the Prosecuting Attorneys' Council for operations. Section 5. Court of Appeals. Budget Unit: Court of Appeals $ 1,301,439 For the cost of operating the State Court of Appeals, including salaries and retirement contributions of judges and

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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 $ 221,620 For the cost of operating the Administrative Offices of the Court. Section 7. Appellate Court Reports. Budget Unit: Court Reports $ 64,500 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 $ 10,000 For the cost of operating the Judicial Qualifications Commissions. Section 9. Board of Court Reporting. Budget Unit: $ 7,425 For the cost of operating the Board of Court Reporting. PART III. EXECUTIVE BRANCH Section 10. Department of Administrative Services. Budget Unit: Department of Administrative Services $ 20,742,288.62 1. Georgia Building Authority Budget: Direct Payments to Authority for Operations $ 1,854,696 Capital Outlay $ 290,000 State of Georgia General Obligation Debt Sinking Fund $ 240,000 Authority Lease Rentals $ 3,112,753 Total Funds Budgeted $ 5,497,449 State Funds Budgeted $ 5,497,449 Total Positions Budgeted 0

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Provided, that of the above appropriation relative to Capital Outlay, $200,000 is designated and committed to design and install an automated electrical power management system in State office buildings in the Capitol Hill area. 2. Departmental Administration Budget: Personal Services $ 531,000 Regular Operating Expenses $ 45,703 Travel $ 9,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 5,500 Equipment Purchases $ 2,000 Per Diem and Fees $ 0 Computer Charges $ 8,000 Other Contractual Expense $ 0 Total Funds Budgeted $ 601,203 State Funds Budgeted $ 601,203 Total Positions Budgeted 35 3. Fiscal Administration Budget: Personal Services $ 380,525 Regular Operating Expenses $ 31,261 Travel $ 4,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 12,000 Equipment Purchases $ 3,500 Per Diem and Fees $ 0 Computer Charges $ 1,693,656 Other Contractual Expense $ 0 Total Funds Budgeted $ 2,124,942 State Funds Budgeted $ 2,124,942 Total Positions Budgeted 25 4. Self-Insurance Administration Budget: Personal Services $ 224,175 Regular Operating Expenses $ 12,797 Travel $ 26,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 3,000 Equipment Purchases $ 1,000 Per Diem and Fees $ 0 Computer Charges $ 1,000 Other Contractual Expense $ 0 Workmen's Compensation $ 856,780 Total Funds Budgeted $ 1,124,752 State Funds Budgeted $ 1,092,352 Total Positions Budgeted 17 5. Procurement Administration Budget: Personal Services $ 689,630 Regular Operating Expenses $ 86,798 Travel $ 12,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 24,900 Equipment Purchases $ 4,225 Per Diem and Fees $ 0 Computer Charges $ 17,000 Other Contractual Expense $ 8,500 Total Funds Budgeted $ 843,053 State Funds Budgeted $ 843,053 Total Positions Budgeted 53 6. General Services Administration Budget: Personal Services $ 164,000 Regular Operating Expenses $ 8,685 Travel $ 3,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 1,220 Equipment Purchases $ 1,100 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 178,005 State Funds Budgeted $ 89,827 Total Positions Budgeted 13 7. Property Management Administration Budget: Personal Services $ 113,400 Regular Operating Expenses $ 25,257 Travel $ 1,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 1,300 Equipment Purchases $ 2,000 Per Diem and Fees $ 0 Computer Charges $ 12,000 Other Contractual Expense $ 1,750 Total Funds Budgeted $ 157,207 State Funds Budgeted $ 157,207 Total Positions Budgeted 9 8. Data Processing Services Budget: Personal Services $ 8,033,586 Regular Operating Expenses $ 3,827,521 Travel $ 25,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 38,500 Equipment Purchases $ 42,000 Per Diem and Fees $ 0 Computer Charges $ 150,000 Rents and Maintenance Expense $ 7,794,381 Other Contractual Expense $ 1,060,000 Total Funds Budgeted $ 20,970,988 State Funds Budgeted $ 9,000,000 Total Positions Budgeted 624 9. Motor Pool Services Budget: Personal Services $ 109,284 Regular Operating Expenses $ 176,733 Travel $ 0 Motor Vehicle Equipment Purchases $ 155,000 Publications and Printing $ 0 Equipment Purchases $ 30,000 Per Diem and Fees $ 0 Computer Charges $ 1,800 Other Contractual Expense $ 0 Total Funds Budgeted $ 472,817 State Funds Budgeted $ 29,000 Total Positions Budgeted 13 10. Communication Services Budget: Personal Services $ 1,125,000 Regular Operating Expenses $ 222,210 Travel $ 9,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 10,000 Equipment Purchases $ 35,000 Per Diem and Fees $ 0 Computer Charges $ 40,000 Other Contractual Expense $ 7,000 Telephone Billings $ 11,166,600 Total Funds Budgeted $ 12,614,810 State Funds Budgeted $ 1,000,000 Total Positions Budgeted 97 11. Printing Services Budget: Personal Services $ 849,570 Regular Operating Expenses $ 861,849 Travel $ 7,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 1,000 Equipment Purchases $ 94,000 Per Diem and Fees $ 0 Computer Charges $ 5,000 Other Contractual Expense $ 0 Total Funds Budgeted $ 1,818,419 State Funds Budgeted $ 0 Total Positions Budgeted 75 12. Central Supply Services Budget: Personal Services $ 80,318 Regular Operating Expenses $ 398,125 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 Other Contractual Expense $ 1,275 Total Funds Budgeted $ 492,218 State Funds Budgeted $ 0 Total Positions Budgeted 9 13. State Properties Commission Budget: Personal Services $ 140,000 Regular Operating Expenses $ 50,000 Travel $ 20,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 8,000 Equipment Purchases $ 17,000 Per Diem and Fees $ 22,000 Computer Charges $ 0 Other Contractual Expense $ 1,970.62 Total Funds Budgeted $ 259,470.62 State Funds Budgeted $ 259,470.62 Total Positions Budgeted 10 14. Volunteer Services Budget: Personal Services $ 33,834 Regular Operating Expenses $ 5,201 Travel $ 1,850 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 4,500 Equipment Purchases $ 0 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 2,400 Total Funds Budgeted $ 47,785 State Funds Budgeted $ 47,785 Total Positions Budgeted 2 Budget Unit Object Classes: Personal Services $ 12,474,322 Regular Operating Expenses $ 5,752,140 Travel $ 119,850 Motor Vehicle Equipment Purchases $ 155,000 Publications and Printing $ 114,920 Equipment Purchases $ 235,825 Per Diem and Fees $ 22,000 Computer Charges $ 1,930,956 Other Contractual Expense $ 1,082,895.62 Rents and Maintenance Expense $ 7,794,381 Workmen's Compensation $ 856,780 Direct Payments to Authority for Operations $ 1,854,696 Capital Outlay $ 290,000 State of Georgia General Obligation Debt Sinking Fund $ 240,000 Authority Lease Rentals $ 3,112,753 Telephone Billings $ 11,166,600

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Section 11. Department of Agriculture. Budget Unit: Department of Agriculture $ 16,129,448 1. Plant Industry Budget: Personal Services $ 2,100,426 Regular Operating Expenses $ 148,440 Travel $ 89,500 Motor Vehicle Equipment Purchases $ 32,000 Publications and Printing $ 24,400 Equipment Purchases $ 54,700 Per Diem and Fees $ 1,400 Computer Charges $ 0 Other Contractual Expense $ 0 Fire Ant Eradication $ 1,500,000 Total Funds Budgeted $ 3,950,866 State Funds Budgeted $ 3,859,866 Total Positions Budgeted 193 2. Animal Industry Budget: Personal Services $ 630,983 Regular Operating Expenses $ 96,166 Travel $ 35,000 Motor Vehicle Equipment Purchases $ 7,000 Publications and Printing $ 9,575 Equipment Purchases $ 8,788 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Athens Veterinary Laboratory Contract $ 220,000 Tifton Veterinary Laboratory Contract $ 330,000 Poultry Improvement Contract $ 515,000 Veterinary Fees $ 525,000 Poultry Research Contract with Georgia Institute of Technology $ 250,000 Contract with University of Georgia to Study Asiatic New Castle Disease $ 250,000 Indemnities $ 100,000 Total Funds Budgeted $ 2,977,512 State Funds Budgeted $ 2,977,512 Total Positions Budgeted 51 3. Marketing Budget: Personal Services $ 1,124,054 Regular Operating Expenses $ 184,670 Travel $ 33,200 Motor Vehicle Equipment Purchases $ 10,000 Publications and Printing $ 12,000 Equipment Purchases $ 2,500 Per Diem and Fees $ 2,700 Computer Charges $ 0 Other Contractual Expense $ 31,100 Advertising Contract $ 35,000 Authority Lease Rentals $ 945,000 Total Funds Budgeted $ 2,380,224 State Funds Budgeted $ 2,241,294 Total Positions Budgeted 101 4. General Agricultural Field Forces Budget: Personal Services $ 1,285,756 Regular Operating Expenses $ 55,850 Travel $ 160,000 Motor Vehicle Equipment Purchases $ 40,000 Publications and Printing $ 2,750 Equipment Purchases $ 5,475 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 1,549,831 State Funds Budgeted $ 1,549,831 Total Positions Budgeted $ 124 5. Internal Administration Budget: Personal Services $ 776,588 Regular Operating Expenses $ 66,030 Travel $ 16,200 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 19,100 Equipment Purchases $ 7,100 Per Diem and Fees $ 1,000 Computer Charges $ 145,156 Other Contractual Expense $ 0 Total Funds Budgeted $ 1,031,174 State Funds Budgeted $ 1,014,174 Total Positions Budgeted 55 6. Information and Education Budget: Personal Services $ 112,539 Regular Operating Expenses $ 232,410 Travel $ 1,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 315,000 Equipment Purchases $ 3,800 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 665,249 State Funds Budgeted $ 665,249 Total Positions Budgeted 11 7. Fuel and Measures Standards Budget: Personal Services $ 643,404 Regular Operating Expenses $ 89,975 Travel $ 60,200 Motor Vehicle Equipment Purchases $ 20,500 Publications and Printing $ 6,000 Equipment Purchases $ 19,000 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 839,079 State Funds Budgeted $ 839,079 Total Positions Budgeted 61 8. Consumer Protection Budget: Personal Services $ 524,532 Regular Operating Expenses $ 40,100 Travel $ 25,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 3,200 Equipment Purchases $ 2,500 Per Diem and Fees $ 1,000 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 596,832 State Funds Budgeted $ 596,832 Total Positions Budgeted 38 9. Consumer Protection Field Forces Budget: Personal Services $ 1,301,381 Regular Operating Expenses $ 56,100 Travel $ 115,000 Motor Vehicle Equipment Purchases $ 49,000 Publications and Printing $ 4,500 Equipment Purchases $ 2,000 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 1,527,981 State Funds Budgeted $ 1,349,981 Total Positions Budgeted 107 10. Meat Inspection Budget: Personal Services $ 1,724,940 Regular Operating Expenses $ 38,350 Travel $ 135,800 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 4,000 Equipment Purchases $ 540 Per Diem and Fees $ 60,000 Computer Charges $ 0 Other Contractual Expense $ 32,000 Total Funds Budgeted $ 1,995,630 State Funds Budgeted $ 835,630 Total Positions Budgeted 144 11. Georgia Agrirama Development Authority Budget: Payments to Agrirama Authority for Operations $ 200,000 Total Funds Budgeted $ 200,000 State Funds Budgeted $ 200,000 Budget Unit Object Classes: Personal Services $ 10,224,603 Regular Operating Expenses $ 1,008,091 Travel $ 671,900 Motor Vehicle Equipment Purchases $ 158,500 Publications and Printing $ 400,525 Equipment Purchases $ 106,403 Per Diem and Fees $ 66,100 Computer Charges $ 145,156 Other Contractual Expense $ 63,100 Fire Ant Eradication $ 1,500,000 Athens Veterinary Laboratory Contract $ 220,000 Tifton Veterinary Laboratory Contract $ 330,000 Poultry Improvement Contract $ 515,000 Veterinary Fees $ 525,000 Poultry Research Contract with Georgia Institute of Technology $ 250,000 Contract with University of Georgia to Study Asiatic New Castle Disease $ 250,000 Indemnities $ 100,000 Advertising Contract $ 35,000 Authority Lease Rentals $ 945,000 Payments to Agrirama Authority for Operations $ 200,000

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Provided that of the above appropriation relative to

Page 1349

Regular Operating Expenses, $50,000 is designated and committed for livestock and poultry shows relating to research and promoting. Section 12. Department of Banking and Finance. Budget Unit: Department of Banking and Finance $ 1,580,637 1. Administration Budget: Personal Services $ 324,318 Regular Operating Expenses $ 56,589 Travel $ 5,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 12,000 Equipment Purchases $ 3,843 Per Diem and Fees $ 1,000 Computer Charges $ 9,919 Other Contractual Expense $ 0 Total Funds Budgeted $ 412,669 State Funds Budgeted $ 412,669 Total Positions Budgeted 20 2. Examination Budget: Personal Services $ 919,326 Regular Operating Expenses $ 12,400 Travel $ 229,285 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 0 Equipment Purchases $ 6,957 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 1,167,968 State Funds Budgeted $ 1,167,968 Total Positions Budgeted 62 Budget Unit Object Classes: Personal Services $ 1,243,644 Regular Operating Expenses $ 68,989 Travel $ 234,285 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 12,000 Equipment Purchases $ 10,800 Per Diem and Fees $ 1,000 Computer Charges $ 9,919 Other Contractual Expense $ 0

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Section 13. Department of Community Development. A. Budget Unit: Department of Community Development $ 16,459,499 1. Industry Budget: Personal Services $ 260,000 Regular Operating Expenses $ 22,599 Travel $ 35,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 2,000 Equipment Purchases $ 0 Per Diem and Fees $ 4,500 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 324,099 State Funds Budgeted $ 324,099 Total Positions Budgeted 15 2. Research Budget: Personal Services $ 227,130 Regular Operating Expenses $ 53,793 Travel $ 5,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 2,000 Equipment Purchases $ 1,240 Per Diem and Fees $ 1,800 Computer Charges $ 19,465 Other Contractual Expense $ 0 Total Funds Budgeted $ 310,428 State Funds Budgeted $ 292,428 Total Positions Budgeted 17 3. Tourism Budget: Personal Services $ 649,000 Regular Operating Expenses $ 347,069 Travel $ 30,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 300 Equipment Purchases $ 3,100 Per Diem and Fees $ 52,000 Computer Charges $ 4,000 Other Contractual Expense $ 0 Capital Outlay $ 10,000 Local Welcome Center Contracts $ 85,000 Total Funds Budgeted $ 1,180,469 State Funds Budgeted $ 1,180,469 Total Positions Budgeted 70

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Provided, that of the above appropriation relating to Capital Outlay, $10,000 is designated and committed to purchase land for a Welcome Center on I-20 West. 4. Community Affairs Budget: Personal Services $ 351,050 Regular Operating Expenses $ 35,442 Travel $ 15,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 7,448 Equipment Purchases $ 3,141 Per Diem and Fees $ 2,520 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 414,601 State Funds Budgeted $ 173,534 Total Positions Budgeted 20 5. Internal Administration Budget: Personal Services $ 484,436 Regular Operating Expenses $ 306,196 Travel $ 18,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 30,450 Equipment Purchases $ 1,300 Per Diem and Fees $ 12,000 Computer Charges $ 2,000 Other Contractual Expense $ 0 Promotional Parade Floats $ 28,000 Total Funds Budgeted $ 882,382 State Funds Budgeted $ 825,431 Total Positions Budgeted 32 6. International Budget: Personal Services $ 110,217 Regular Operating Expenses $ 67,466 Travel $ 40,853 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 1,050 Equipment Purchases $ 400 Per Diem and Fees $ 150,884 Computer Charges $ 4,000 Other Contractual Expense $ 0 Total Funds Budgeted $ 374,870 State Funds Budgeted $ 374,870 Total Positions Budgeted 7 7. Advertising Budget: Advertising $ 785,190 Total Funds Budgeted $ 785,190 State Funds Budgeted $ 785,190 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 $ 1,365,000 Total Funds Budgeted $ 1,365,000 State Funds Budgeted $ 0 Total Positions Budgeted 0 10. Ports Authority Budget: Authority Lease Rentals $ 2,790,000 State of Georgia General Obligation Debt Sinking Fund $ 5,500,000 Total Funds Budgeted $ 8,290,000 State Funds Budgeted $ 8,290,000 Total Positions Budgeted 0 11. World Congress Center State of Georgia General Obligation Debt Sinking Fund $ 3,043,478 Total Funds Budgeted $ 3,043,478 State Funds Budgeted $ 3,043,478 Budget Unit Object Classes: Personal Services $ 2,081,833 Regular Operating Expenses $ 832,565 Travel $ 143,853 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 43,248 Equipment Purchases $ 9,181 Per Diem and Fees $ 223,704 Computer Charges $ 29,465 Other Contractual Expense $ 0 Capital Outlay $ 10,000 Local Welcome Center Contracts $ 85,000 Advertising $ 785,190 Promotional Parade Floats $ 28,000 Grants to Area Planning and Development Commissions $ 1,170,000 HUD-701 Planning Grants $ 1,365,000 Authority Lease Rentals $ 2,790,000 State of Georgia General Obligation Debt Sinking Fund $ 8,543,478

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Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $4,500,000 is specifically appropriated for the purpose of financing repairs and construction and land acquisition by the Georgia Ports Authority through the issuance of not to exceed $52,000,000 in principal amount of General Obligation Debt. Provided, that from the above appropriation for the State of Georgia General Obligation Debt Sinking Fund, $1,000,000 is specifically appropriated for the purpose of financing the construction and equipping of a general cargo facility on Colonel's Island in Glynn County, Georgia, through the issuance of not to exceed $12,000,000 in principal amount of General Obligation Debt. B. Budget Unit: State Crime Commission $ 1,017,110 1. Planning and Grant Administration Budget: Personal Services $ 556,215 Regular Operating Expenses $ 67,260 Travel $ 22,600 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 8,750 Equipment Purchases $ 1,000 Per Diem and Fees $ 11,000 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 666,825 State Funds Budgeted $ 66,683 Total Positions Budgeted 35 2. Crime Statistics Center Data Budget: Personal Services $ 66,521 Regular Operating Expenses $ 16,690 Travel $ 6,750 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 4,300 Equipment Purchases $ 450 Per Diem and Fees $ 3,000 Computer Charges $ 7,315 Other Contractual Expense $ 0 Total Funds Budgeted $ 105,026 State Funds Budgeted $ 0 Total Positions Budgeted 4 3. Georgia Organized Crime Prevention Council Budget: Personal Services $ 34,270 Regular Operating Expenses $ 5,910 Travel $ 2,400 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 750 Equipment Purchases $ 0 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 43,330 State Funds Budgeted $ 4,333 Total Positions Budgeted 2 4. LEAA Grants Budget: LEAA ActionLocal $ 7,278,986 LEAA ActionState $ 4,650,360 LEAA State Buy-In $ 946,094 LEAA Discretionary $ 225,000 LEAA Planning $ 475,600 Total Funds Budgeted $ 13,576,040 State Funds Budgeted $ 946,094 Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services $ 657,006 Regular Operating Expenses $ 89,860 Travel $ 31,750 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 13,800 Equipment Purchases $ 1,450 Per Diem and Fees $ 14,000 Computer Charges $ 7,315 Other Contractual Expense $ 0 LEAA Action Local $ 7,278,986 LEAA Action State $ 4,650,360 LEAA State Buy-In $ 946,094 LEAA Discretionary $ 225,000 LEAA Planning $ 475,600

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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 14. Office of Comptroller General. Budget Unit: Office of Comptroller General $ 3,395,074 1. Internal Administration Budget: Personal Services $ 322,000 Regular Operating Expenses $ 60,355 Travel $ 13,800 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 5,200 Equipment Purchases $ 300 Per Diem and Fees $ 9,200 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 410,855 State Funds Budgeted $ 410,855 Total Positions Budgeted 21 2. Insurance Regulation Budget: Personal Services $ 524,000 Regular Operating Expenses $ 23,500 Travel $ 7,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 28,000 Equipment Purchases $ 700 Per Diem and Fees $ 8,200 Computer Charges $ 26,500 Other Contractual Expense $ 0 Capital Outlay $ 6,000 Total Funds Budgeted $ 623,900 State Funds Budgeted $ 623,900 Total Positions Budgeted 40 3. Industrial Loans Regulation Budget: Personal Services $ 217,000 Regular Operating Expenses $ 22,636 Travel $ 15,000 Motor Vehicle Equipment Purchases $ 50,400 Publications and Printing $ 1,600 Equipment Purchases $ 0 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 306,636 State Funds Budgeted $ 306,636 Total Positions Budgeted 16 4. Information and Enforcement Budget: Personal Services $ 371,000 Regular Operating Expenses $ 31,600 Travel $ 14,500 Motor Vehicle Equipment Purchases $ 12,600 Publications and Printing $ 5,000 Equipment Purchases $ 700 Per Diem and Fees $ 5,000 Computer Charges $ 0 Other Contractual Expenses $ 0 Total Funds Budgeted $ 440,400 State Funds Budgeted $ 440,400 Total Positions Budgeted 32 5. Fire Safety and Mobile Home Regulation Budget: Personal Services $ 1,215,000 Regular Operating Expenses $ 74,433 Travel $ 150,200 Motor Vehicle Equipment Purchases $ 151,200 Publications and Printing $ 20,000 Equipment Purchases $ 1,950 Per Diem and Fees $ 500 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 1,613,283 State Funds Budgeted $ 1,613,283 Total Positions Budgeted 113 Budget Unit Object Classes: Personal Services $ 2,649,000 Regular Operating Expenses $ 212,524 Travel $ 200,500 Motor Vehicle Equipment Purchases $ 214,200 Publications and Printing $ 59,800 Equipment Purchases $ 3,650 Per Diem and Fees $ 22,900 Computer Charges $ 26,500 Other Contractual Expense $ 0 Capital Outlay $ 6,000

Page 1359

Section 15. Department of Defense. Budget Unit: Department of Defense $ 1,647,404 1. Administration and Support of State Militia Budget: Personal Services $ 553,415 Regular Operating Expenses $ 85,300 Travel $ 5,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 32,000 Equipment Purchases $ 5,000 Per Diem and Fees $ 8,500 Computer Charges $ 0 Other Contractual Expense $ 0 National Guard Units Grants $ 200,000 Georgia Military Institute Grant $ 16,000 Civil Air Patrol Contract $ 50,000 Total Funds Budgeted $ 955,715 State Funds Budgeted $ 955,715 Total Positions Budgeted 36 2. Civil Defense Budget: Personal Services $ 501,724 Regular Operating Expenses $ 70,935 Travel $ 21,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 6,500 Equipment Purchases $ 4,000 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 604,159 State Funds Budgeted $ 307,071 Total Positions Budgeted 35 3. Community Shelter Planning Budget: Personal Services $ 97,247 Regular Operating Expenses $ 3,500 Travel $ 12,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 0 Equipment Purchases $ 0 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 113,247 State Funds Budgeted $ 0 Total Positions Budgeted 7 4. Armory Maintenance and Repair Budget: Personal Services $ 59,000 Regular Operating Expenses $ 108,006 Travel $ 3,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 0 Equipment Purchases $ 5,000 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 175,006 State Funds Budgeted $ 175,006 Total Positions Budgeted 5 5. Service Contracts Budget: Personal Services $ 1,109,844 Regular Operating Expense $ 150,700 Travel $ 1,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 0 Equipment Purchases $ 500 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 1,262,044 State Funds Budgeted $ 209,612 Total Positions Budgeted 112 Budget Unit Object Classes: Personal Services $ 2,321,230 Regular Operating Expenses $ 418,441 Travel $ 43,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 38,500 Equipment Purchases $ 14,500 Per Diem and Fees $ 8,500 Computer Charges $ 0 Other Contractual Expense $ 0 National Guard Units Grants $ 200,000 Georgia Military Institute Grant $ 16,000 Civil Air Patrol Contract $ 50,000

Page 1361

Provided, however, that of the above appropriation, $50,000 is designated and committed for the Civil Air Patrol for the purposes of training and preparation for assistance to the Department of Defense in the accomplishment of its Civil Defense functions. Section 16. State Board of EducationDepartment of Education. A. Budget Unit: Department of Education $ 660,326,083 1. General Education Budget: Personal Services $ 807,641 Regular Operating Expenses $ 69,036 Travel $ 39,662 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 65,304 Equipment Purchases $ 9,400 Per Diem and Fees $ 28,233 Computer Charges $ 0 Other Contractual Expense $ 171,800 APEG Grants: Salaries of Instructional Personnel (Sec. 10(a) (1) and 10(a) (2)) $ 296,221,357 Salaries of Sudent Supportive Personnel (Sec. 20 (a)) $ 13,793,811 Salaries of Administrative and Supervisory Personnel (Sec. 21(a)) $ 36,544,271 Instructional Equipment (Sec. 14) $ 831,820 Maintenance and Operation (Sec. 15) $ 46,808,979 Sick and Personal Leave (Sec. 16) $ 2,506,406 Travel (Sec. 17) $ 509,115 Isolated Schools $ 67,000 Mid-Term Adjustment $ 2,000,000 Non-APEG Grants: Teacher Retirement $ 30,521,030 Driver Education $ 375,000 Cooperative Educational Service Agencies $ 2,502,000 Superintendents' Salaries $ 2,942,055 Compensatory Education $ 10,246,750 Education of Children of Low-Income Families (Migratory) $ 431,000 Total Funds Budgeted $ 447,491,670 State Funds Budgeted $ 446,459,484 Total Positions Budgeted 43 2. Pre-School Education: Personal Services $ 111,597 Regular Operating Expenses $ 11,718 Travel $ 11,600 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 4,820 Equipment Purchases $ 500 Per Diem and Fees $ 600 Computer Charges $ 0 Other Contractual Expense $ 0 APEG Grant: Selective Pre-School Development $ 15,047,580 Non-APEG Grant: Education of Children of Low-Income Families $ 13,950 Total Funds Budgeted $ 15,202,365 State Funds Budgeted $ 15,187,232 Total Positions Budgeted 7 3. Regular Vocational Education Budget: Personal Services $ 1,899,568 Regular Operating Expenses $ 116,123 Travel $ 130,444 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 22,710 Equipment Purchases $ 11,351 Per Diem and Fees $ 6,700 Computer Charges $ 0 Other Contractual Expense $ 1,309 Grants: High School Program $ 13,876,243 Teacher Retirement $ 1,716,468 Teacher Training and Research $ 891,568 Adult Education $ 2,687,671 Area Vocational Technical Schools $ 29,142,945 Area Vocational Technical SchoolsConstruction $ 4,383,472 Comprehensive Employment and Training $ 4,659,049 Total Funds Budgeted $ 59,545,621 State Funds Budgeted $ 40,371,782 Total Positions Budgeted 124 4. Special Education Budget: Personal Services $ 387,359 Regular Operating Expenses $ 40,481 Travel $ 39,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 5,835 Equipment Purchases $ 3,500 Per Diem and Fees $ 6,132 Computer Charges $ 0 Other Contractual Expense $ 0 APEG Grants: Salaries of Instructional Personnel (Sec. 5) $ 37,027,755 Maintenance and Operation (Sec. 15) $ 6,073,761 Sick and Personal Leave (Sec. 16) $ 326,226 Travel-Special (Sec. 17) $ 73,130 Special Education Leadership Personnel (Sec. 21(c) (2)) $ 298,965 Pupil Transportation (Sec. 25) $ 2,168,094 Non-APEG Grants: Instructional Services for the Handicapped $ 1,039,434 Preparation of Professional Personnel in Education of Handicapped Children $ 106,454 Educational Training Services for the Mentally Retarded $ 300,000 Tuition for the Multi-handicapped $ 522,000 Severely Emotionally Disturbed $ 5,352,773 Teacher Retirement $ 3,253,000 Total Funds Budgeted $ 57,023,899 State Funds Budgeted $ 55,661,686 Total Positions Budgeted 25 5. Compensatory Education Budget: Personal Services $ 314,811 Regular Operating Expenses $ 28,464 Travel $ 16,200 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 750 Equipment Purchases $ 306 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Education of Children of Low-Income Families $ 41,504,590 Total Funds Budgeted $ 41,865,121 State Funds Budgeted $ 45,240 Total Positions Budgeted 23 6. Instructional Materials Budget: Personal Services $ 113,623 Regular Operating Expenses $ 21,337 Travel $ 6,384 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 25,998 Equipment Purchases $ 23,656 Per Diem and Fees $ 10,000 Computer Charges $ 0 Other Contractual Expense $ 0 APEG Grant: Instructional Materials and Media (Sec. 13) $ 11,331,664 Non-APEG Grants: School Library Resources and Other Materials $ 1,815,832 Strengthening Instruction in Critical Subjects $ 802,676 Total Funds Budgeted $ 14,151,170 State Funds Budgeted $ 11,393,627 Total Positions Budgeted 10 7. Educational Media Budget: Personal Services $ 2,248,077 Regular Operating Expenses $ 1,460,880 Travel $ 71,348 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 143,692 Equipment Purchases $ 39,344 Per Diem and Fees $ 120,267 Computer Charges $ 0 Other Contractual Expense $ 51,154 Authority Lease Rentals $ 333,204 Grants: Summer Library Supervisory Program $ 62,830 Educational Television $ 56,186 Total Funds Budgeted $ 4,586,982 State Funds Budgeted $ 4,348,982 Total Positions Budgeted 193 8. Student Services Budget: Personal Services $ 241,387 Regular Operating Expenses $ 24,982 Travel $ 19,800 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 3,000 Equipment Purchases $ 0 Per Diem and Fees $ 1,319 Computer Charges $ 0 Other Contractual Expense $ 9,790 Grants: Psychological Services $ 48,000 Guidance, Counselling and Testing $ 200,000 Total Funds Budgeted $ 548,278 State Funds Budgeted $ 509,696 Total Positions Budgeted 15 9. Ancillary Services Budget: Personal Services $ 724,804 Regular Operating Expenses $ 69,277 Travel $ 63,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 14,395 Equipment Purchases $ 2,950 Per Diem and Fees $ 8,200 Computer Charges $ 0 Other Contractual Expense $ 0 APEG Grant: Pupil Transportation (Sec. 25) $ 29,431,585 Non-APEG Grant: School Lunch $ 80,224,318 Grants to School Systems for Capital Outlay Purposes $ 1,831,022 Grants to School Systems for Authority Lease Rentals Payments to Georgia Education Authority (Schools) $ 26,789,757 State of Georgia General Obligation Debt Sinking Fund $ 4,576,000 Grants Direct to School Systems for Capital Outlay Purposes $ 624,243 Total Funds Budgeted $ 144,360,051 State Funds Budgeted $ 74,367,941 Total Positions Budgeted 48 10. Statewide Leadership Budget: Personal Services $ 635,255 Regular Operating Expenses $ 42,243 Travel $ 55,844 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 5,300 Equipment Purchases $ 3,750 Per Diem and Fees $ 6,000 Computer Charges $ 0 Other Contractual Expense $ 5,000 Total Funds Budgeted $ 753,392 State Funds Budgeted $ 705,629 Total Positions Budgeted 37 11. Financial Services Budget: Personal Services $ 246,022 Regular Operating Expenses $ 24,204 Travel $ 19,916 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 15,075 Equipment Purchases $ 2,374 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 307,591 State Funds Budgeted $ 224,926 Total Positions Budgeted 17 12. Program and Staff Development Budget: Personal Services $ 763,857 Regular Operating Expenses $ 48,187 Travel $ 31,087 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 20,335 Equipment Purchases $ 4,872 Per Diem and Fees $ 15,208 Computer Charges $ 0 Other Contractual Expense $ 904,723 Grants: Supervising Teachers $ 145,000 Supplementary Education Centers and Services $ 2,504,951 Staff Development $ 490,000 Total Funds Budgeted $ 4,928,220 State Funds Budgeted $ 2,148,462 Total Positions Budgeted 58 13. Public Library Services Budget: Personal Services $ 619,854 Regular Operating Expenses $ 253,789 Travel $ 9,007 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 9,671 Equipment Purchases $ 7,146 Per Diem and Fees $ 600 Computer Charges $ 0 Other Contractual Expense $ 0 Grants: Salaries and Travel of Public Librarians $ 2,458,976 Public Library Materials $ 1,813,998 Talking Book Centers $ 160,000 Public Library Maintenance and Operations $ 848,922 Teacher Retirement $ 205,372 Public Library Construction $ 848,921 Total Funds Budgeted $ 7,236,256 State Funds Budgeted $ 7,008,125 Total Positions Budgeted 59 14. Staff Services Budget: Personal Services $ 1,597,600 Regular Operating Expenses $ 155,748 Travel $ 35,870 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 82,016 Equipment Purchases $ 16,514 Per Diem and Fees $ 1,107 Computer Charges $ 720,190 Other Contractual Expense $ 21,153 Total Funds Budgeted $ 2,630,198 Indirect Computer Funding $ 500,000 Agency Funds $ 541,098 State Funds Budgeted $ 1,589,100 Total Positions Budgeted 121 15. State Board and State Superintendent Budget: Personal Services $ 160,295 Regular Operating Expenses $ 35,887 Travel $ 11,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 13,500 Equipment Purchases $ 1,500 Per Diem and Fees $ 53,500 Computer Charges $ 0 Other Contractual Expense $ 22,235 Total Funds Budgeted $ 297,917 State Funds Budgeted $ 203,872 Total Positions Budgeted 9 16. Surplus Property Budget: Personal Services $ 410,602 Regular Operating Expenses $ 152,531 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 Other Contractual Expense $ 0 Total Funds Budgeted $ 593,633 State Funds Budgeted $ 0 Total Positions Budgeted 40 17. U. S. D. A. Food Distribution Budget: Personal Services $ 160,751 Regular Operating Expenses $ 9,392 Travel $ 18,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 750 Equipment Purchases $ 0 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 189,393 State Funds Budgeted $ 100,299 Total Positions Budgeted 14 Budget Unit Object Classes: Personal Services $ 11,443,103 Regular Operating Expenses $ 2,564,279 Travel $ 595,162 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 435,651 Equipment Purchases $ 139,163 Per Diem and Fees $ 257,866 Computer Charges $ 720,190 Other Contractual Expense $ 1,187,164 APEG Grants: Salaries of Instructional Personnel (Sec. 10(a) (1) and 10(a) (2)) $ 296,221,357 Salaries of Instructional Personnel (Sec. 5) $ 37,027,755 Salaries of Student Supportive Personnel (Sec. 20(a)) $ 13,793,811 Salaries of Administrative and Supervisory Personnel (Sec. 21(a)) $ 36,544,271 Special Education Leadership Personnel (Sec. 21 (c) (2)) $ 298,965 Instructional Materials and Media (Sec. 13) $ 11,331,664 Instructional Equipment (Sec. 14) $ 831,820 Maintenance and Operation (Sec. 15) $ 52,882,740 Sick and Personal Leave (Sec. 16) $ 2,832,632 Travel (Sec. 17) $ 509,115 Travel-Special (Sec. 17) $ 73,130 Pupil Transportation (Sec. 25) $ 31,599,679 Isolated Schools $ 67,000 Selective Pre-School Development $ 15,047,580 Mid-Term Adjustment $ 2,000,000 Non-APEG Grants: Teacher Retirement $ 35,695,870 Driver Education $ 375,000 Cooperative Educational Service Agencies $ 2,502,000 Superintendent's Salaries $ 2,942,055 Compensatory Education $ 10,246,750 Education of Children from Low-Income Families $ 41,949,540 High School Program $ 13,876,243 Teacher Training and Research $ 891,568 Adult Education $ 2,687,671 Area Vocational-Technical Schools $ 29,142,945 Area Vocational-Technical Schools-Construction $ 4,383,472 Comprehensive Employment and Training $ 4,659,049 Instructional Services for the Handicapped $ 1,039,434 Preparation of Professional Personnel in Education of Handicapped Children $ 106,454 Educational Training Services for the Mentally Retarded $ 300,000 Tuition for the Multi-Handicapped $ 522,000 Severely Emotionally Disturbed $ 5,352,773 Strengthening Instruction in Critical Subjects $ 802,676 School Library Resources and Other Materials $ 1,815,832 Summer Library Supervisory Program $ 62,830 Educational Television $ 56,186 Psychological Services $ 48,000 Guidance, Counselling and Testing $ 200,000 School Lunch $ 80,224,318 Supervising Teachers $ 145,000 Supplementary Education Centers and Services $ 2,504,951 Staff Development $ 490,000 Salaries and Travel of Public Librarians $ 2,458,976 Public Library Materials $ 1,813,998 Talking Book Centers $ 160,000 Public Library Maintenance and Operations $ 848,922 Public Library Construction $ 848,921 Grants to School Systems for Capital Outlay Purposes $ 1,831,022 Authority Lease Rentals $ 333,204 State of Georgia General Obligation Debt Sinking Fund $ 4,576,000 Grants to School Systems for A. L. R. payments to Georgia Educational Authority (Schools) $ 26,789,757 Direct Grants to School Systems for Capital Outlay Purposes $ 624,243 B. Budget Unit: Institutions $ 13,533,663 1. North Georgia Vocational-Technical School Budget: Personal Services $ 1,192,376 Regular Operating Expenses $ 379,328 Travel $ 14,175 Motor Vehicle Equipment Purchases $ 25,000 Publications and Printing $ 4,275 Equipment Purchases $ 113,969 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Authority Lease Rentals $ 54,750 Total Funds Budgeted $ 1,783,873 State Funds Budgeted $ 1,326,883 Total Positions Budgeted 95 2. South Georgia Vocational-Technical School Budget: Personal Services $ 1,027,269 Regular Operating Expenses $ 274,720 Travel $ 12,000 Motor Vehicle Equipment Purchases $ 14,000 Publications and Printing $ 3,300 Equipment Purchases $ 110,000 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Capital Outlay $ 104,000 Authority Lease Rentals $ 49,315 Total Funds Budgeted $ 1,594,604 State Funds Budgeted $ 1,204,160 Total Positions Budgeted 82 3. Georgia Academy for the Blind Budget: Personal Services $ 1,318,338 Regular Operating Expenses $ 237,835 Travel $ 6,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 4,390 Equipment Purchases $ 92,038 Per Diem and Fees $ 6,600 Computer Charges $ 0 Other Contractual Expense $ 18,222 Capital Outlay $ 1,641,193 Total Funds Budgeted $ 3,325,116 State Funds Budgeted $ 3,081,727 Total Positions Budgeted 161 4. Georgia School for the Deaf Budget: Personal Services $ 2,461,450 Regular Operating Expenses $ 547,721 Travel $ 4,400 Motor Vehicle Equipment Purchases $ 8,000 Publications and Printing $ 0 Equipment Purchases $ 24,000 Per Diem and Fees $ 1,500 Computer Charges $ 0 Other Contractual Expense $ 0 Capital Outlay $ 3,240,860 Authority Lease Rentals $ 23,400 Total Funds Budgeted $ 6,311,331 State Funds Budgeted $ 6,005,834 Total Positions Budgeted 289 5. Atlanta Area School for the Deaf Budget: Personal Services $ 861,714 Regular Operating Expenses $ 188,557 Travel $ 5,640 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 1,000 Equipment Purchases $ 81,102 Per Diem and Fees $ 2,000 Computer Charges $ 0 Other Contractual Expense $ 86,000 Capital Outlay $ 0 Total Funds Budgeted $ 1,226,013 State Funds Budgeted $ 1,187,577 Total Positions Budgeted 85 6. Alto Education and Evaluation Center Budget: Personal Services $ 774,248 Regular Operating Expenses $ 67,572 Travel $ 8,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 1,560 Equipment Purchases $ 31,700 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 883,080 State Funds Budgeted $ 727,482 Total Positions Budgeted 58 Budget Unit Object Classes: Personal Services $ 7,635,395 Regular Operating Expenses $ 1,695,733 Travel $ 50,715 Motor Vehicle Equipment Purchases $ 47,000 Publications and Printing $ 14,525 Equipment Purchases $ 452,809 Per Diem and Fees $ 10,100 Computer Charges $ 0 Other Contractual Expense $ 104,222 Capital Outlay $ 4,986,053 Authority Lease Rentals $ 127,465

Page 1376

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.

Page 1377

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 of the above appropriation relative to Compensatory Education, $10,246,750 is designated and committed for a compensatory education program for students in grades 1 through 4. Provided, further, these funds shall be distributed based on a parity formula for remedial purposes only. Provided, that independent school systems shall be eligible to participate in the mini-buses transportation program for Special Education Students. Provided, that the State Board of Education shall make allotments for Sections 5, 10, 20, and 21 teachers on the basis of the index schedule used for fiscal year 1973. Provided, that of the above appropriation relative to selective pre-school development, funds shall be used to fund a half-day program as follows: First priority for use of funds shall be to serve all five-year-old children who are mentally, physically, or emotionally handicapped. The balance of said funds shall be used for development programs for five-year-old children who are determined to be the most deficient in the developmental skills necessary to succeed in the first grade. Provided, however, that such need be assessed on the basis of tests specifically developed for use with children of pre-school age, measuring abilities and preception, language, and visual motor coordination. Local systems shall administer such tests to screen the academic readiness as a criterion for admission. Provided, that the above appropriation relative to selective pre-school development shall be distributed to local systems on the basis of projections derived from the preceding years first grade ADA. Provided, further, that for said selective pre-school development

Page 1378

program, the instructional unit shall be earned on the basis of one teacher and one aide for each 40 students in average daily attendance, and each instructional unit shall be funded on the basis of actual reimbursement for salary, retirement, and school lunch cost, and $10,838 for operational cost to include maintenance and operation, sick and personal leave, instructional media, testing, and transportation. Provided, that of the amount of funds appropriated to the Department of Education by this Act, the sum of $175,000 shall be used to develop criterion-referenced testing for initial certification of teachers, $250,000 shall be used for grants for competency-based certification development, and $100,000 shall be used for criterion-referenced testing for students. Provided, that of any State Funds appropriated to local systems for classroom teacher salaries on the basis of Average Daily Attendance in grades 1 through 7, such teachers shall be used in the school where earned and shall be used only for the purpose of funding regular (general education) classroom teachers in grades where earned. 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 from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $1,926,000 is specifically appropriated for the purpose of financing a school construction program throughout the State of Georgia which shall consist of the construction and equipping of school buildings and facilities through the issuance of not to exceed $22,150,000 in principal amount of General Obligation Debt. Also provided, that of the above $22,150,000 for school construction an amount of $5,000,000 is designated and committed for the purpose of construction

Page 1379

and equipping comprehensive high schools. The allocation of these 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. Provided, that of the above appropriation, $1,831,022 is specifically appropriated for Grants to School Systems for Capital Outlay purposes. Provided, that of the above appropriation relating to Area Vocational-Technical SchoolsConstruction Grants, $25,000 is designated and committed for architectural and engineering planning for the Area Vocational-Technical School authorized in Chatham County. Provided, that of the above appropriation relative to Grants to School Systems for Capital Outlay purposes, an amount up to $150,000 is designated and committed to the Charlton County Board of Education for Capital Outlay improvements at the St. George School, and further provided that this amount shall be deducted from the Charlton County Capital Outlay entitlement under the Capital Outlay policies of the State Board of Education. Provided, that in sections 20 and 21 of the Adequate Program for Education Act, as it relates to earnings of non-teaching certificated personnel which are not fully funded, and this Act causes a division of allocation which had previously been provided from a single section of the Minimum Foundation Program of Education Act, it shall be permissible for the State Board of Education to use non-teaching certificated personnel interchangeably in the divided sections so as not to cause hardship among the local school systems as it related to non-teaching certificated personnel who are presently employed. Provided, that of the above appropriation relating to

Page 1380

High School Grants, $250,000 is designated and committed for new equipment and repairing existing equipment in food processing centers; provided, further, that the State shall provide no more than 50% of the repair and equipment cost at any center; provided, further, that the maximum amounts of State funds allocated per center shall be $20,000 for new equipment and $3,000 for repairs. Provided, that of the above appropriation relative to Area Vocational-Technical Schools Construction Grants, $600,000 is designated and committed for the Griffin-Spalding Area Vocational Technical School. Provided, that of the above appropriation relative to Area Vocational-Technical Schools Construction Grants, $600,000 is designated and committed for the Ben Hill-Irwin Area Vocational-Technical School. Provided, that of the above appropriation relative to Area Vocational-Technical SchoolsConstruction Grants, $3,158,472 is designated and committed for the Augusta Area Vocational-Technical School. Section 17. Employees' Retirement System. Budget Unit: Employees' Retirement System $ 0 1. Employees' Retirement System Budget: Personal Services $ 536,877 Regular Operating Expenses $ 37,763 Travel $ 5,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 12,000 Equipment Purchases $ 3,500 Per Diem and Fees $ 65,000 Computer Charges $ 125,000 Other Contractual Expense $ 53,000 Total Funds Budgeted $ 838,140 State Funds Budgeted $ 0 Total Positions Budgeted 43 Budget Unit Object Classes: Personal Services $ 536,877 Regular Operating Expenses $ 37,763 Travel $ 5,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 12,000 Equipment Purchases $ 3,500 Per Diem and Fees $ 65,000 Computer Charges $ 125,000 Other Contractual Expense $ 53,000

Page 1381

Section 18. Forestry Commission. Budget Unit: Forestry Commission $ 9,666,314 1. Reforestation Budget: Personal Services $ 402,684 Regular Operating Expenses $ 285,909 Travel $ 1,347 Motor Vehicle Equipment Purchases $ 29,420 Publications and Printing $ 426 Equipment Purchases $ 24,260 Per Diem and Fees $ 35,000 Computer Charges $ 10,053 Other Contractual Expense $ 0 Total Funds Budgeted $ 789,099 State Funds Budgeted $ 285,888 Total Positions Budgeted 28 2. State Forests Budget: Personal Services $ 69,078 Regular Operating Expenses $ 19,949 Travel $ 84 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 88 Equipment Purchases $ 850 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Ware County Grant $ 60,000 Total Funds Budgeted $ 150,049 State Funds Budgeted $ 0 Total Positions Budgeted 6 3. Field Services Budget: Personal Services $ 8,355,655 Regular Operating Expenses $ 1,459,979 Travel $ 69,184 Motor Vehicle Equipment Purchases $ 1,058,300 Publications and Printing $ 12,995 Equipment Purchases $ 265,464 Per Diem and Fees $ 14,660 Computer Charges $ 18,431 Other Contractual Expense $ 0 Total Funds Budgeted $ 11,254,668 State Funds Budgeted $ 8,881,453 Total Positions Budgeted 807 4. General Administration and Support Budget: Personal Services $ 402,823 Regular Operating Expenses $ 70,881 Travel $ 10,012 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 13,136 Equipment Purchases $ 3,955 Per Diem and Fees $ 2,500 Computer Charges $ 55,294 Other Contractual Expense $ 0 Total Funds Budgeted $ 558,601 State Funds Budgeted $ 498,973 Total Positions Budgeted 25 Budget Unit Object Classes: Personal Services $ 9,230,240 Regular Operating Expenses $ 1,836,718 Travel $ 80,627 Motor Vehicle Equipment Purchases $ 1,087,720 Publications and Printing $ 26,645 Equipment Purchases $ 294,529 Per Diem and Fees $ 52,160 Computer Charges $ 83,778 Other Contractual Expense $ 0 Ware County Grant $ 60,000

Page 1383

Provided, that of the above appropriation relating to Personal Services, $55,949 is designated and committed to upgrade the Towerman Series. Section 19. Forest Research Council. Budget Unit: Forest Research Council $ 629,742 1. Forest Research Council Budget: Personal Services $ 95,600 Regular Operating Expenses $ 32,692 Travel $ 4,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 25,000 Equipment Purchases $ 0 Per Diem and Fees $ 1,000 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 158,292 State Funds Budgeted $ 156,862 Total Positions Budgeted 7 2. Contractual Research Budget: Contractual Research Expense $ 472,880 Total Funds Budgeted $ 472,880 State Funds Budgeted $ 472,880 Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services $ 95,600 Regular Operating Expenses $ 32,692 Travel $ 4,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 25,000 Equipment Purchases $ 0 Per Diem and Fees $ 1,000 Computer Charges $ 0 Other Contractual Expense $ 0 Contractual Research Expense $ 472,880

Page 1384

Section 20. Georgia Bureau of Investigation Budget Unit: Georgia Bureau of Investigation $ 8,030,211 1. General Administration Budget: Personal Services $ 356,153 Regular Operating Expenses $ 83,269 Travel $ 10,000 Motor Vehicle Equipment Purchases $ 4,200 Publications and Printing $ 2,650 Equipment Purchases $ 3,000 Per Diem and Fees $ 5,000 Computer Charges $ 0 Other Contractual Expense $ 3,000 Total Funds Budgeted $ 467,272 State Funds Budgeted $ 467,272 Total Positions Budgeted 30 2. Operations Budget: Personal Services $ 2,801,960 Regular Operating Expenses $ 412,744 Travel $ 144,758 Motor Vehicle Equipment Purchases $ 218,400 Publications and Printing $ 7,500 Equipment Purchases $ 38,000 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Evidence Purchased $ 98,000 Total Funds Budgeted $ 3,721,362 State Funds Budgeted $ 3,571,362 Total Positions Budgeted 177 3. Crime Laboratory Budget: Personal Services $ 1,080,841 Regular Operating Expenses $ 230,706 Travel $ 20,515 Motor Vehicle Equipment Purchases $ 37,500 Publications and Printing $ 8,862 Equipment Purchases $ 71,560 Per Diem and Fees $ 1,844 Computer Charges $ 43,067 Other Contractual Expense $ 0 Total Funds Budgeted $ 1,494,895 State Funds Budgeted $ 1,494,895 Total Positions Budgeted 75 4. Georgia Crime Information Center Budget: Personal Services $ 1,565,000 Regular Operating Expenses $ 505,081 Travel $ 21,000 Motor Vehicle Equipment Purchases $ 37,800 Publications and Printing $ 38,617 Equipment Purchases $ 7,200 Per Diem and Fees $ 1,000 Computer Charges $ 1,154,384 Other Contractual Expense $ 0 Total Funds Budgeted $ 3,330,082 State Funds Budgeted $ 2,496,682 Total Positions Budgeted 138 Budget Unit Object Classes: Personal Services $ 5,803,954 Regular Operating Expenses $ 1,231,800 Travel $ 196,273 Motor Vehicle Equipment Purchases $ 297,900 Publications and Printing $ 57,629 Equipment Purchases $ 119,760 Per Diem and Fees $ 7,844 Computer Charges $ 1,197,451 Other Contractual Expense $ 3,000 Evidence Purchase $ 98,000

Page 1386

Section 21. Georgia Motor Vehicle Commission. Budget Unit: Georgia Motor Vehicle Commission $ 55,739 Georgia Motor Vehicle Commission Budget: Personal Services $ 26,239 Regular Operating Expenses $ 12,500 Travel $ 2,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 4,000 Equipment Purchases $ 1,000 Per Diem and Fees $ 10,000 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 55,739 State Funds Budgeted $ 55,739 Total Position Budgeted 2 Budget Unit Object Classes: Personal Services $ 26,239 Regular Operating Expenses $ 12,500 Travel $ 2,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 4,000 Equipment Purchases $ 1,000 Per Diem and Fees $ 10,000 Computer Charges $ 0 Other Contractual Expense $ 0

Page 1387

Section 22. Georgia Residential Finance Agency. Budget Unit: Georgia Residential Finance Agency $ 281,000 Georgia Residential Finance Agency Budget: Personal Services $ 173,785 Regular Operating Expenses $ 36,505 Travel $ 14,620 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 500 Equipment Purchases $ 1,700 Per Diem and Fees $ 67,520 Computer Charges $ 1,200 Other Contractual Expense $ 0 Reserve for Future Operations and Repayment of State Funds $ 365,040 Total Funds Budgeted $ 660,870 State Funds Budgeted $ 281,000 Total Positions Budgeted 10 Budget Unit Object Classes: Personal Services $ 173,785 Regular Operating Expenses $ 36,505 Travel $ 14,620 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 500 Equipment Purchases $ 1,700 Per Diem and Fees $ 67,520 Computer Charges $ 1,200 Other Contractual Expense $ 0 Reserve for Future Operations and Repayment of State Funds $ 365,040

Page 1388

Section 23. Georgia State Financing and Investment Commission. Budget Unit: Georgia State Financing and Investment Commission $ 250,000 Departmental Operations Budget: Personal Services $ 789,439 Regular Operating Expenses $ 287,000 Travel $ 11,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 21,500 Equipment Purchases $ 20,000 Per Diem and Fees $ 71,000 Computer Charges $ 20,000 Other Contractual Expense $ 21,700 Revolving Fund for Construction Planning $ 250,000 Total Funds Budgeted $ 1,492,139 State Funds Budgeted $ 250,000 Total Positions Budgeted 44 Budget Unit Object Classes: Personal Services $ 789,439 Regular Operating Expenses $ 287,000 Travel $ 11,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 21,500 Equipment Purchases $ 20,000 Per Diem and Fees $ 71,000 Computer Charges $ 20,000 Other Contractual Expense $ 21,700 Revolving Fund for Construction Planning $ 250,000 Provided, that of the above appropriation to the Georgia

Page 1389

State Financing and Investment Commission, up to $48,000 is designated and committed to prepare plans for a Regional Youth Development Center in Muscogee County. Provided, that of the above appropriation to the Georgia State Financing and Investment Commission, up to $10,000 is designated and committed to prepare plans for a Sheltered Workshop in Dougherty County. Provided, that unless there is Congressional authorization for deepening the existing navigational channel in Brunswick Harbor into Brunswick River and the construction of a new navigation channel connecting Brunswick River through the South Brunswick River to Colonel's Island via the South Brunswick River to a minimum depth of 32 feet prior to June 30, 1976, the Georgia State Financing and Investment Commission shall not sell these bonds and all funds appropriated for the Colonel's Island project and any revenues generated therefrom shall be returned to the State Treasury. Provided, however, that none of the above appropriation relating to the Revolving Fund for construction planning shall be committed or expended unless specifically authorized in an Appropriations Act of the Georgia General Assembly, or approved by a majority of the members of the Fiscal Affairs Subcommittees of the House and Senate. Section 24. Office of the Governor. A. Budget Unit: Governor's Office $ 2,920,418 Cost of Operations $ 880,418 Mansion Allowance $ 40,000 Governor's Emergency Fund $ 2,000,000 Gubernatorial Transition Allowance $ 0 Total Funds Budgeted $ 2,920,418 State Funds Budgeted $ 2,920,418 Budget Unit Object Classes: Cost of Operations $ 880,418 Mansion Allowance $ 40,000 Governor's Emergency Fund $ 2,000,000 Gubernatorial Transition Allowance $ 0

Page 1390

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. B. Budget Unit: Office of Planning and Budget $ 2,387,456 1. General Administration and Support Budget: Personal Services $ 311,000 Regular Operating Expenses $ 29,388 Travel $ 9,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 2,950 Equipment Purchases $ 2,500 Per Diem and Fees $ 40,500 Computer Charges $ 5,600 Other Contractual Expense $ 1,500 Payments to Regional Commissions $ 175,500 Total Funds Budgeted $ 577,938 State Funds Budgeted $ 564,938 Total Positions Budgeted 18 2. Council of the Arts Budget: Personal Services $ 55,121 Regular Operating Expenses $ 5,623 Travel $ 2,706 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 2,456 Equipment Purchases $ 500 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Art Grants $ 300,000 Total Funds Budgeted $ 366,406 State Funds Budgeted $ 166,406 Total Positions Budgeted 3 3. Budget Division Budget: Personal Services $ 329,338 Regular Operating Expenses $ 14,679 Travel $ 10,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 12,000 Equipment Purchases $ 1,250 Per Diem and Fees $ 1,000 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 368,267 State Funds Budgeted $ 255,267 Total Positions Budgeted 16 4. Intergovernmental Relations Budget: Personal Services $ 322,000 Regular Operating Expenses $ 23,848 Travel $ 21,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 3,600 Equipment Purchases $ 1,000 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 371,948 State Funds Budgeted $ 346,948 Total Positions Budgeted 21 5. Management Review Budget: Personal Services $ 290,000 Regular Operating Expenses $ 10,580 Travel $ 5,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 1,250 Equipment Purchases $ 500 Per Diem and Fees $ 0 Computer Charges $ 500 Other Contractual Expense $ 0 Total Funds Budgeted $ 307,830 State Funds Budgeted $ 257,830 Total Positions Budgeted 15 6. Policy Planning Budget: Personal Services $ 541,002 Regular Operating Expenses $ 21,668 Travel $ 18,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 11,000 Equipment Purchases $ 2,000 Per Diem and Fees $ 29,800 Computer Charges $ 20,000 Other Contractual Expense $ 0 Total Funds Budgeted $ 643,470 State Funds Budgeted $ 409,470 Total Positions Budgeted 30 7. Georgia Employment and Training Council Budget: Personal Services $ 342,814 Regular Operating Expenses $ 91,770 Travel $ 14,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 4,200 Equipment Purchases $ 3,000 Per Diem and Fees $ 4,608 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 460,392 State Funds Budgeted $ 0 State Positions Budgeted 26 8. Fuel Allocation Office Budget: Personal Services $ 176,000 Regular Operating Expenses $ 25,033 Travel $ 9,200 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 15,000 Equipment Purchases $ 2,000 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 227,233 State Funds Budgeted $ 227,233 Total Positions Budgeted 13 9. Georgia Post-Secondary Education Commission Budget: Personal Services $ 71,000 Regular Operating Expenses $ 12,664 Travel $ 5,444 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 5,000 Equipment Purchases $ 525 Per Diem and Fees $ 23,998 Computer Charges $ 8,000 Other Contractual Expense $ 0 Total Funds Budgeted $ 126,631 State Funds Budgeted $ 45,130 Total Positions Budgeted 4 10. Intern Program Budget: Personal Services $ 71,659 Regular Operating Expenses $ 2,875 Travel $ 5,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 2,000 Equipment Purchases $ 300 Per Diem and Fees $ 0 Computer Charges $ 900 Other Contractual Expense $ 0 Intern Stipends $ 31,000 Total Funds Budgeted $ 114,234 State Funds Budgeted $ 114,234 Total Positions Budgeted 4 Budget Unit Object Classes: Personal Services $ 2,509,934 Regular Operating Expenses $ 238,128 Travel $ 100,350 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 59,456 Equipment Purchases $ 13,575 Per Diem and Fees $ 99,906 Computer Charges $ 35,000 Other Contractual Expense $ 1,500 Art Grants $ 300,000 Payments to Regional Commissions $ 175,500 Intern Stipends $ 31,000

Page 1394

Section 25. Grants to Counties and Municipalities. 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

Page 1395

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. Section 26. Department of Human Resources. A. Budget Unit: Departmental Operations $ 234,095,653 1. General Administration and Support Budget: Personal Services $ 8,234,871 Regular Operating Expenses $ 1,378,232 Travel $ 298,151 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 156,266 Equipment Purchases $ 20,975 Per Diem and Fees $ 64,609 Computer Charges $ 1,572,000 Other Contractual Expense $ 105,000 State of Georgia General Obligation Debt Sinking Fund $ 190,000 Total Funds Budgeted $ 12,020,104 Indirect Computer Funding $ 1,276,300 Indirect Communications Funding $ 188,350 Agency Funds $ 4,695,656 State Funds Budgeted $ 5,859,798 Total Positions Budgeted 660 2. Special Programs: Personal Services $ 834,306 Regular Operating Expenses $ 118,964 Travel $ 94,211 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 45,675 Equipment Purchases $ 0 Per Diem and Fees $ 19,490 Computer Charges $ 60,000 Other Contractual Expense $ 24,323 Total Funds Budgeted $ 1,196,969 Indirect Communications Funding $ 99,560 Agency Funds $ 159,282 State Funds Budgeted $ 938,127 Total Positions Budgeted 83 3. Physical HealthProgram Direction and Support Budget: Personal Services $ 987,210 Regular Operating Expenses $ 119,037 Travel $ 28,450 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 23,800 Equipment Purchases $ 2,500 Per Diem and Fees $ 200 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 1,161,197 Indirect Communications Funding $ 73,530 State Funds Budgeted $ 1,087,667 Total Positions Budgeted 82 4. Physical HealthFamily Health Budget: Personal Services $ 4,041,712 Regular Operating Expenses $ 1,220,300 Travel $ 346,771 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 78,576 Equipment Purchases $ 25,000 Per Diem and Fees $ 503,685 Computer Charges $ 110,000 Other Contractual Expense $ 3,150,897 Regional Grants for Prenatal and Postnatal Care Programs $ 150,000 Crippled Children Benefits $ 3,034,626 Kidney Disease Benefits $ 300,000 Cancer Control Benefits $ 441,000 Maternal Health/Family Planning Benefits $ 2,220,154 Total Funds Budgeted $ 15,622,721 Indirect Computer Funding $ 89,300 Indirect Communications Funding $ 41,060 Agency Funds $ 6,290,456 State Funds Budgeted $ 9,201,905 Total Positions Budgeted 412 5. Physical HealthCommunity Health Budget: Personal Services $ 5,050,062 Regular Operating Expenses $ 882,217 Travel $ 413,631 Motor Vehicle Equipment Purchases $ 10,400 Publications and Printing $ 61,000 Equipment Purchases $ 8,000 Per Diem and Fees $ 155,118 Computer Charges $ 25,000 Other Contractual Expense $ 149,329 Facilities Construction Grants $ 10,013,000 Total Funds Budgeted $ 16,767,757 Indirect Communications Funding $ 17,650 Agency Funds $ 6,217,227 State Funds Budgeted $ 10,532,880 Total Positions Budgeted 404 6. Physical HealthLocal Services Budget: Personal Services $ 5,493,910 Regular Operating Expenses $ 570,223 Travel $ 550,130 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 4,360 Equipment Purchases $ 45,000 Per Diem and Fees $ 170,510 Computer Charges $ 0 Other Contractual Expense $ 368,649 Grant for DeKalb County Mental Retardation Project $ 97,300 Grant for Chatham County Mental Retardation Project $ 92,800 Grant-In-Aid to Counties $ 9,028,977 Total Funds Budgeted $ 16,421,859 Indirect Communications Funding $ 53,200 Agency Funds $ 3,366,539 State Funds Budgeted $ 13,002,120 Total Positions Budgeted 447 7. Mental HealthProgram Direction and Support Budget: Personal Services $ 1,157,479 Regular Operating Expenses $ 150,267 Travel $ 130,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 9,200 Equipment Purchases $ 0 Per Diem and Fees $ 24,200 Computer Charges $ 100,000 Other Contractual Expense $ 450,000 Benefits for Family Living Care $ 975,000 Total Funds Budgeted $ 2,996,146 Indirect Computer Funding $ 81,190 Indirect Communications Funding $ 22,370 Agency Funds $ 618,457 State Funds Budgeted $ 2,274,129 Total Positions Budgeted 94 8. Drug Abuse Prevention and Abatement Budget: Personal Services $ 1,581,904 Regular Operating Expenses $ 246,477 Travel $ 54,497 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 16,644 Equipment Purchases $ 4,500 Per Diem and Fees $ 86,720 Computer Charges $ 100,000 Other Contractual Expense $ 2,426,938 Total Funds Budgeted $ 4,517,680 Indirect Computer Funding $ 81,190 Agency Funds $ 3,234,624 State Funds Budgeted $ 1,201,866 Total Positions Budgeted 153 9. Mental HealthLocal Services Budget: Personal Services $ 250,015 Regular Operating Expenses $ 29,703 Travel $ 25,956 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 500 Equipment Purchases $ 500 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 4,000 Contracts with Day Care Centers for the Mentally Retarded $ 23,417,216 Grants for Alcoholism Community Treatment Programs $ 2,291,211 Grants for Child Mental Health $ 1,040,034 Grants for Adult Mental Health $ 3,860,511 Foster Grandparent Program and Group Homes for the Mentally Retarded $ 1,822,000 Total Funds Budgeted $ 32,741,646 Indirect Communications Funding $ 12,670 Agency Funds $ 15,009,509 State Funds Budgeted $ 17,719,467 Total Positions Budgeted 14 10. Work Incentive Program Budget: Personal Services $ 987,452 Regular Operating Expenses $ 65,000 Travel $ 80,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 2,000 Equipment Purchases $ 0 Per Diem and Fees $ 0 Computer Charges $ 59,000 Other Contractual Expense $ 0 W. I. N. Benefits $ 2,750,000 Total Funds Budgeted $ 3,943,952 Indirect Communications Funding $ 8,365 Agency Funds $ 3,549,557 State Funds Budgeted $ 386,030 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 Other Contractual Expense $ 0 Grants to Fulton County for 24-hour Emergency Social Services $ 130,000 Benefits for Child Care $ 6,567,230 Total Funds Budgeted $ 6,697,230 State Funds Budgeted $ 3,575,151 Total Positions Budgeted 0 12. Programs for Children, Youth, Families, and Adults Budget: Personal Services $ 5,914,481 Regular Operating Expenses $ 660,132 Travel $ 473,556 Motor Vehicle Equipment Purchases $ 4,112 Publications and Printing $ 89,335 Equipment Purchases $ 32,500 Per Diem and Fees $ 16,600 Computer Charges $ 260,000 Other Contractual Expense $ 28,230,677 Georgia Indigent Legal Services Contracts $ 1,000,000 Total Funds Budgeted $ 36,681,393 Indirect Computer Funding $ 211,100 Indirect Communications Funding $ 130,140 Agency Funds $ 30,556,861 State Funds Budgeted $ 5,783,292 Total Positions Budgeted 545 13. Services to the Aged Budget: Personal Services $ 419,957 Regular Operating Expenses $ 64,576 Travel $ 31,584 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 4,200 Equipment Purchases $ 4,032 Per Diem and Fees $ 2,100 Computer Charges $ 0 Other Contractual Expense $ 4,536 Areawide and Community Grants $ 1,457,178 Nutrition Grants $ 2,476,500 Total Funds Budgeted $ 4,464,663 Indirect Communications Funding $ 11,240 Agency Funds $ 3,990,941 State Funds Budgeted $ 462,482 Total Positions Budgeted 35 14. Vocational RehabilitationProgram Direction and Support Budget: Personal Services $ 845,903 Regular Operating Expenses $ 9,264,982 Travel $ 26,347 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 9,500 Equipment Purchases $ 1,700 Per Diem and Fees $ 16,740 Computer Charges $ 225,000 Other Contractual Expense $ 45,080 Grants for Nephrology Centers $ 185,000 Total Funds Budgeted $ 10,620,252 Indirect Computer Funding $ 182,680 Indirect Communications Funding $ 24,855 Agency Funds $ 7,741,344 State Funds Budgeted $ 2,671,373 Total Positions Budgeted 65 15. Vocational RehabilitationFacilities Budget: Personal Services $ 8,279,542 Regular Operating Expenses $ 4,408,891 Travel $ 135,704 Motor Vehicle Equipment Purchases $ 25,588 Publications and Printing $ 12,005 Equipment Purchases $ 200,798 Per Diem and Fees $ 127,690 Computer Charges $ 0 Other Contractual Expense $ 275,150 Capital Outlay $ 250,000 Total Funds Budgeted $ 13,715,368 Indirect Communications Funding $ 82,560 Agency Funds $ 11,694,378 State Funds Budgeted $ 1,938,430 Total Positions Budgeted 684 16. Vocational RehabilitationServices Budget: Personal Services $ 10,974,877 Regular Operating Expenses $ 7,851,412 Travel $ 540,946 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 42,536 Equipment Purchases $ 153,117 Per Diem and Fees $ 226,424 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 19,789,312 Indirect Communications Funding $ 234,450 Agency Funds $ 17,879,241 State Funds Budgeted $ 1,675,621 Total Positions Budgeted 924 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 $ 1,900,000 Other Contractual Expense $ 0 Medicaid Benefits $ 267,000,000 Payments to Counties for Adult Mental Health $ 737,500 Payments to Counties for Child Mental Health $ 147,500 Payments to Counties for Alcoholism $ 354,000 Total Funds Budgeted $ 270,139,000 Indirect Computer Funding $ 1,542,390 Agency Funds $ 177,462,800 State Funds Budgeted $ 91,133,810 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 $ 660,000 Other Contractual Expense $ 650,000 Cuban Refugees Benefits $ 100,000 SSI-Supplement Benefits $ 3,735,584 AFDC Benefits $ 138,167,872 Total Funds Budgeted $ 143,313,456 Indirect Computer Funding $ 535,850 Agency Funds $ 103,736,420 State Funds Budgeted $ 39,041,186 Total Positions Budgeted 0 19. Local ServicesCommunity 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 Other Contractual Expense $ 0 Local Services Benefits Payments Grants $ 27,350,545 Grants to Counties for Social Services $ 21,893,068 Total Funds Budgeted $ 49,243,613 State Funds Budgeted $ 22,432,500 Total Positions Budgeted 0 20. Benefits PaymentsProgram Administration and Support Budget: Personal Services $ 2,761,303 Regular Operating Expenses $ 633,083 Travel $ 179,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 175,870 Equipment Purchases $ 23,770 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 2,589,275 Total Funds Budgeted $ 6,362,301 State Funds Budgeted $ 3,177,819 Total Positions Budgeted 251 Budget Unit Object Classes: Personal Services $ 57,814,984 Regular Operating Expenses $ 27,663,496 Travel $ 3,409,434 Motor Vehicle Equipment Purchases $ 40,100 Publications and Printing $ 731,467 Equipment Purchases $ 522,392 Per Diem and Fees $ 1,414,086 Computer Charges $ 5,071,000 Other Contractual Expense $ 38,473,854 Grants for Regional Prenatal and Postnatal Care Programs $ 150,000 Crippled Children Benefits $ 3,034,626 Kidney Disease Benefits $ 300,000 Cancer Control Benefits $ 441,000 Maternal Health/Family Planning Benefits $ 2,220,154 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 $ 9,028,977 Benefits for Family Living Care $ 975,000 Contracts with Day Care Centers for the Mentally Retarded $ 23,417,216 Grants for Alcoholism Community Treatment Programs $ 2,291,211 Grants for Child Mental Health $ 1,040,034 Grants for Adult Mental Health $ 3,860,511 Foster Grandparent Program and Group Homes for the Mentally Retarded $ 1,822,000 Work Incentive Benefits $ 2,750,000 Grants to Fulton County for 24-hour Emergency Social Services $ 130,000 Benefits for Child Care $ 6,567,230 Georgia Indigent Legal Services Contracts $ 1,000,000 Areawide and Community Grants $ 1,457,178 Nutrition Grants $ 2,476,500 Grants for Nephrology Centers $ 185,000 Medicaid Benefits $ 267,000,000 Payments to Counties for Adult Mental Health $ 737,500 Payments to Counties for Child Mental Health $ 147,500 Payments to Counties for Alcoholism $ 354,000 Cuban Refugees Benefits $ 100,000 SSI-Supplement Benefits $ 3,735,584 AFDC Benefits $ 138,167,872 Local Services Benefits Payments Grants $ 27,350,545 Grants to Counties for Social Services $ 21,893,068 Capital Outlay $ 250,000 State of Georgia General Obligation Debt Sinking Fund $ 190,000

Page 1407

Provided, however, that none of the above appropriation for Medicaid Benefits shall be used to fund any increase in rates for providers of service, unless approved in advance by appropriate subcommittees of the House and Senate Appropriations Committees, said subcommittees to be so designated by the respective Chairmen of said Appropriations Committees. Provided, that of the above appropriation relative to departmental operations, no State funds whatsoever shall be used to pay AFDC benefits to the extent that the net average monthly payment per individual exceeds $32.00 on a quarterly average basis. Provided, that of the above appropriation, $437,000 is designated and committed for 12% matching for Day Care Centers in the Appalachian Region. Provided, that of the above appropriation related to the Vocational Rehabilitation Facilities Budget $234,425 is designated and committed for the Factories for the Blind in Bainbridge, Atlanta, and Griffin. Provided, that of the above appropriation, $150,000 is designated and committed for regional prenatal and postnatal care programs. Provided, that of the funds available in the Physical Health Local Services Budget not less than $100,000 is

Page 1408

committed for continuation of the Community Cardiovascular Council Stroke-Screening Program. Provided, that of the above appropriation, $20,000 is designated and committed for toxoplasmosis screening as authorized by House Resolution 67. Provided, that of the above appropriation, $100,000 is designated and committed for the purchase of drugs for the Hemophilia Program, $50,000 is designated and committed to operate the Hemophilia Program in Augusta, and $50,000 is designated and committed to establish a Hemophilia Program in the Metropolitan Atlanta area. 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 for the training of health personnel under the provisions of the Public Health Service Act. Provided, that of the above appropriation, $35,000 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 the Department of Human Resources is hereby directed to proceed with the preparation of plans for a Sheltered Workshop in Dougherty County, such plans to be paid for by funds appropriated to the Georgia State Financing and Investment Commission. Provided, that of the above appropriation, $250,000 is designated and committed to construct a Sheltered Workshop in Dougherty County. B. Budget Unit: Mental Health and Youth Development Institutions $ 144,427,797 1. Georgia Regional Hospital at Augusta Budget: Personal Services $ 4,869,692 Regular Operating Expenses $ 861,113 Travel $ 20,500 Motor Vehicle Equipment Purchases $ 4,200 Publications and Printing $ 3,840 Equipment Purchases $ 5,000 Per Diem and Fees $ 72,000 Computer Charges $ 70,000 Other Contractual Expense $ 110,060 Authority Lease Rentals $ 387,000 Outpatient and Aftercare Drug Purchases $ 45,000 Total Funds Budgeted $ 6,448,405 State Funds Budgeted $ 5,982,405 Total Positions Budgeted 537 2. Georgia Regional Hospital at Atlanta Budget: Personal Services $ 5,918,948 Regular Operating Expenses $ 1,346,965 Travel $ 15,129 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 8,750 Equipment Purchases $ 10,215 Per Diem and Fees $ 107,000 Computer Charges $ 82,000 Other Contractual Expense $ 15,070 Authority Lease Rentals $ 513,000 Outpatient and Aftercare Drug Purchases $ 150,000 Total Funds Budgeted $ 8,167,077 State Funds Budgeted $ 7,786,077 Total Positions Budgeted 645 3. Georgia Regional Hospital at Savannah Budget: Personal Services $ 4,685,618 Regular Operating Expenses $ 748,524 Travel $ 19,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 2,000 Equipment Purchases $ 25,000 Per Diem and Fees $ 66,000 Computer Charges $ 69,000 Other Contractual Expense $ 34,000 Authority Lease Rentals $ 500,000 Outpatient and Aftercare Drug Purchases $ 52,500 Total Funds Budgeted $ 6,201,642 State Funds Budgeted $ 5,851,642 Total Positions Budgeted 551 4. West Central Georgia Regional Hospital Budget: Personal Services $ 4,308,000 Regular Operating Expenses $ 733,441 Travel $ 16,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 4,400 Equipment Purchases $ 16,050 Per Diem and Fees $ 40,000 Computer Charges $ 65,000 Other Contractual Expense $ 0 Authority Lease Rentals $ 646,500 Outpatient and Aftercare Drug Purchases $ 90,000 Total Funds Budgeted $ 5,919,391 State Funds Budgeted $ 5,749,391 Total Positions Budgeted 551 5. Northwest Georgia Regional Hospital at Rome Budget: Personal Services $ 5,774,299 Regular Operating Expenses $ 1,185,087 Travel $ 20,000 Motor Vehicle Equipment Purchases $ 5,000 Publications and Printing $ 5,500 Equipment Purchases $ 32,718 Per Diem and Fees $ 31,000 Computer Charges $ 75,000 Other Contractual Expense $ 0 Capital Outlay $ 100,000 Authority Lease Rentals $ 853,500 Outpatient and Aftercare Drug Purchases $ 52,500 Total Funds Budgeted $ 8,134,604 State Funds Budgeted $ 7,622,049 Total Positions Budgeted 779 6. Gracewood State School and Hospital Budget: Personal Services $ 13,279,351 Regular Operating Expenses $ 2,873,183 Travel $ 22,611 Motor Vehicle Equipment Purchases $ 20,396 Publications and Printing $ 7,102 Equipment Purchases $ 125,000 Per Diem and Fees $ 47,176 Computer Charges $ 71,000 Other Contractual Expense $ 136,483 Capital Outlay $ 2,750,000 Authority Lease Rentals $ 117,000 Total Funds Budgeted $ 19,449,302 State Funds Budgeted $ 15,710,769 Total Positions Budgeted 1,562 7. Southwestern State Hospital Budget: Personal Services $ 7,328,336 Regular Operating Expenses $ 1,256,536 Travel $ 24,297 Motor Vehicle Equipment Purchases $ 11,565 Publications and Printing $ 1,365 Equipment Purchases $ 47,969 Per Diem and Fees $ 51,535 Computer Charges $ 70,000 Other Contractual Expense $ 14,736 Capital Outlay $ 2,000,000 Outpatient and Aftercare Drug Purchases $ 75,000 Total Funds Budgeted $ 10,881,339 State Funds Budgeted $ 10,183,339 Total Positions Budgeted 805 8. Georgia Retardation Center Budget: Personal Services $ 9,910,000 Regular Operating Expenses $ 1,796,054 Travel $ 30,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 9,486 Equipment Purchases $ 10,000 Per Diem and Fees $ 50,146 Computer Charges $ 122,100 Other Contractual Expense $ 892,065 Capital Outlay $ 263,213 Authority Lease Rentals $ 794,000 Total Funds Budgeted $ 13,877,064 State Funds Budgeted $ 13,422,064 Total Positions Budgeted 1,098 9. Georgia Mental Health Institute Budget: Personal Services $ 7,473,369 Regular Operating Expenses $ 1,408,766 Travel $ 35,200 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 9,870 Equipment Purchases $ 31,095 Per Diem and Fees $ 81,289 Computer Charges $ 60,810 Other Contractual Expense $ 420,825 Authority Lease Rentals $ 450,000 Outpatient and Aftercare Drug Purchases $ 172,500 Total Funds Budgeted $ 10,143,724 State Funds Budgeted $ 9,616,895 Total Positions Budgeted 707 10. Central State Hospital Budget: Personal Services $ 42,697,000 Regular Operating Expenses $ 9,822,655 Travel $ 52,789 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 14,408 Equipment Purchases $ 321,885 Per Diem and Fees $ 91,492 Computer Charges $ 360,000 Other Contractual Expense $ 82,875 Capital Outlay $ 2,925,000 Authority Lease Rentals $ 1,284,000 State of Georgia General Obligation Debt Sinking Fund $ 183,000 Outpatient and Aftercare Drug Purchases $ 112,500 Total Funds Budgeted $ 57,947,604 State Funds Budgeted $ 49,450,039 Total Positions Budgeted 4,893 11. State Youth Development Centers Budget: Personal Services $ 5,940,000 Regular Operating Expenses $ 1,327,516 Travel $ 15,500 Motor Vehicle Equipment Purchases $ 13,000 Publications and Printing $ 3,400 Equipment Purchases $ 22,700 Per Diem and Fees $ 33,200 Computer Charges $ 8,000 Other Contractual Expense $ 8,400 Total Funds Budgeted $ 7,371,716 State Funds Budgeted $ 7,295,716 Total Positions Budgeted 621 12. Regional Youth Development Centers Budget: Personal Services $ 2,408,338 Regular Operating Expenses $ 719,715 Travel $ 15,300 Motor Vehicle Equipment Purchases $ 15,500 Publications and Printing $ 2,250 Equipment Purchases $ 70,450 Per Diem and Fees $ 65,358 Computer Charges $ 0 Other Contractual Expense $ 0 Capital Outlay $ 2,104,000 Grants to County-Owned Detention Centers $ 369,000 Total Funds Budgeted $ 5,769,911 State Funds Budgeted $ 5,757,411 Total Positions Budgeted 298 Budget Unit Object Classes: Personal Services $ 114,592,951 Regular Operating Expenses $ 24,079,555 Travel $ 286,326 Motor Vehicle Equipment Purchases $ 69,661 Publications and Printing $ 72,371 Equipment Purchases $ 718,082 Per Diem and Fees $ 736,196 Computer Charges $ 1,052,910 Other Contractual Expense $ 1,714,514 Capital Outlay $ 10,142,213 Grants to County-Owned Detention Centers $ 369,000 Authority Lease Rentals $ 5,545,000 State of Georgia General Obligation Debt Sinking Fund $ 183,000 Outpatient and Aftercare Drug Purchases $ 750,000

Page 1414

Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund,

Page 1415

$183,000 is specifically appropriated for the purpose of financing a school for special education at Central State Hospital through the issuance of not to exceed $2,104,000 in principal amount of General Obligation Debt. Provided, that of the above appropriation relating to Capital Outlay: $2,104,000 is designated and committed for the construction of Regional Youth Development Centers at Macon ($842,000), Griffin ($631,000) and Eastman ($631,000); $2,925,000 is designated and committed to renovate the Allen Building at Central State Hospital; $2,750,000 is designated and committed to construct a hospital unit at Gracewood State School and Hospital; $2,000,000 is designated and committed to construct a multi-geographic receiving facility at Southwestern State Hospital; and $263,213 is designated and committed for renovations, to meet Fire Marshal requirements, at the Georgia Retardation Center. Provided, that of the above appropriation relating to Capital Outlay, $100,000 is designated and committed for Fire Safety renovations at Northwest Georgia Regional Hospital. Provided, that the Department of Human Resources is hereby directed to proceed with the preparation of plans for a Regional Youth Development Center in Muscogee County, such plans to be paid for by funds appropriated to the Georgia State Financing and Investment Commission. Section 27. Department of Labor. A. Budget Unit: Inspection Division $ 456,021 Inspection Division Budget: Personal Services $ 369,800 Regular Operating Expenses $ 23,221 Travel $ 60,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 2,000 Equipment Purchases $ 500 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 500 Total Funds Budgeted $ 456,021 State Funds Budgeted $ 456,021 Total Positions Budgeted 30 Budget Unit Object Classes: Personal Services $ 369,800 Regular Operating Expenses $ 23,221 Travel $ 60,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 2,000 Equipment Purchases $ 500 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 500 B. Budget Unit: Basic Employment, Work Incentive, Other Manpower Services, and Unemployment Compensation Reserve Fund $ 2,957,798 1. Basic Employment Security Budget: Personal Services $ 14,223,661 Regular Operating Expenses $ 3,679,740 Travel $ 450,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 250,000 Equipment Purchases $ 150,000 Per Diem and Fees $ 5,000 Computer Charges $ 0 Other Contractual Expense $ 400,000 Total Funds Budgeted $ 19,158,401 State Funds Budgeted $ 345,000 Total Positions Budgeted 1,140 2. Other Manpower Training Budget: Personal Services $ 1,065,985 Regular Operating Expenses $ 40,854 Travel $ 15,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 25,000 Equipment Purchases $ 25,000 Per Diem and Fees $ 5,000 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 1,176,839 State Funds Budgeted $ 0 Total Positions Budgeted 94 3. Correctional Manpower Program Budget: Personal Services $ 751,538 Regular Operating Expenses $ 76,503 Travel $ 26,433 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 0 Equipment Purchases $ 1,400 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 45,000 Total Funds Budgeted $ 900,874 State Funds Budgeted $ 900,874 Total Positions Budgeted 58 4. Unemployment Compensation Reserve Fund Budget: Unemployment Compensation Reserve Fund $ 1,000,000 Total Funds Budgeted $ 1,000,000 State Funds Budgeted $ 1,000,000 5. Work Incentive Budget: Personal Services $ 2,853,664 Regular Operating Expenses $ 395,373 Travel $ 125,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 8,000 Equipment Purchases $ 34,600 Per Diem and Fees $ 5,000 Computer Charges $ 0 Other Contractual Expense $ 2,697,598 W.I.N. Grants $ 1,000,000 Total Funds Budgeted $ 7,119,235 State Funds Budgeted $ 711,924 Total Positions Budgeted 232 Budget Unit Object Classes: Personal Services $ 18,894,848 Regular Operating Expenses $ 4,192,470 Travel $ 616,433 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 283,000 Equipment Purchases $ 211,000 Per Diem and Fees $ 15,000 Computer Charges $ 0 Other Contractual Expense $ 3,142,598 W.I.N. Grants $ 1,000,000 Unemployment Compensation Reserve Fund $ 1,000,000

Page 1418

Section 28. Department of Law. Budget Unit: Department of Law $ 2,255,432 1. Attorney General's Office Budget: Personal Services $ 1,813,042 Regular Operating Expenses $ 166,099 Travel $ 61,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 23,950 Equipment Purchases $ 34,600 Per Diem and Fees $ 26,700 Computer Charges $ 740 Other Contractual Expense $ 30,000 Total Funds Budgeted $ 2,156,631 State Funds Budgeted $ 2,089,431 Total Positions Budgeted 90 2. State Library Budget: Personal Services $ 126,000 Regular Operating Expenses $ 5,001 Travel $ 140 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 250 Equipment Purchases $ 2,000 Per Diem and Fees $ 550 Computer Charges $ 60 Other Contractual Expense $ 0 Law Books $ 32,000 Total Funds Budgeted $ 166,001 State Funds Budgeted $ 166,001 Total Positions Budgeted 11 Budget Unit Object Classes: Personal Services $ 1,939,042 Regular Operating Expenses $ 171,100 Travel $ 61,640 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 24,200 Equipment Purchases $ 36,600 Per Diem and Fees $ 27,250 Computer Charges $ 800 Other Contractual Expense $ 30,000 Books for State Library $ 32,000

Page 1419

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 [Illegible Text]

Page 1420

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 29. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel Administration (No direct State General Fund Appropriation is required) $ 0 1. Applicant Services Budget: Personal Services $ 410,063 Regular Operating Expenses $ 38,990 Travel $ 2,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 24,600 Equipment Purchases $ 1,640 Per Diem and Fees $ 2,000 Computer Charges $ 264,500 Other Contractual Expense $ 0 Total Funds Budgeted $ 744,293 State Funds Budgeted $ 0 Total Positions Budgeted 33 2. Classification and Compensation Budget: Personal Services $ 316,400 Regular Operating Expenses $ 10,150 Travel $ 2,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 28,000 Equipment Purchases $ 2,000 Per Diem and Fees $ 500 Computer Charges $ 49,049 Other Contractual Expense $ 0 Total Funds Budgeted $ 408,599 State Funds Budgeted $ 0 Total Positions Budgeted 22 3. Employee Services Budget: Personal Services $ 260,000 Regular Operating Expenses $ 8,625 Travel $ 2,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 5,500 Equipment Purchases $ 1,200 Per Diem and Fees $ 700 Computer Charges $ 100,000 Other Contractual Expense $ 0 Total Funds Budgeted $ 378,525 State Funds Budgeted $ 0 Total Positions Budgeted 20 4. Training and Staff Development Budget: Personal Services $ 193,775 Regular Operating Expenses $ 14,900 Travel $ 4,900 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 4,400 Equipment Purchases $ 1,850 Per Diem and Fees $ 20,250 Computer Charges $ 200 Other Contractual Expense $ 0 Total Funds Budgeted $ 240,275 State Funds Budgeted $ 0 Total Positions Budgeted 14 5. Insurance and Income Maintenance Budget: Personal Services $ 182,500 Regular Operating Expenses $ 16,835 Travel $ 1,575 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 2,600 Equipment Purchases $ 560 Per Diem and Fees $ 9,000 Computer Charges $ 15,600 Other Contractual Expense $ 0 Total Funds Budgeted $ 228,670 State Funds Budgeted $ 0 Total Positions Budgeted 16 6. Planning, Research and Special Services Budget: Personal Services $ 91,620 Regular Operating Expenses $ 4,400 Travel $ 2,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 550 Equipment Purchases $ 0 Per Diem and Fees $ 400 Computer Charges $ 1,900 Other Contractual Expense $ 300,000 Total Funds Budgeted $ 400,870 State Funds Budgeted $ 0 Total Positions Budgeted 5 7. Administrative and Staff Services Budget: Personal Services $ 158,000 Regular Operating Expenses $ 9,550 Travel $ 600 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 2,300 Equipment Purchases $ 1,400 Per Diem and Fees $ 300 Computer Charges $ 6,000 Other Contractual Expense $ 0 Total Funds Budgeted $ 178,150 State Funds Budgeted $ 0 Total Positions Budgeted 13 8. Director Office Budget: Personal Services $ 127,600 Regular Operating Expenses $ 6,200 Travel $ 4,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 2,000 Equipment Purchases $ 1,300 Per Diem and Fees $ 2,600 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 143,700 State Funds Budgeted $ 0 Total Positions Budgeted 6 Budget Unit Object Classes: Personal Services $ 1,739,958 Regular Operating Expenses $ 109,650 Travel $ 20,575 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 69,950 Equipment Purchases $ 9,950 Per Diem and Fees $ 35,750 Computer Charges $ 437,249 Other Contractual Expense $ 300,000

Page 1423

Section 30. Department of Natural Resources. Budget Unit: Department of Natural Resources $ 30,829,188 1. Internal Administration Budget: Personal Services $ 948,702 Regular Operating Expenses $ 197,557 Travel $ 11,282 Motor Vehicle Equipment Purchases $ 4,700 Publications and Printing $ 70,000 Equipment Purchases $ 11,665 Per Diem and Fees $ 30,600 Computer Charges $ 140,380 Other Contractual Expenses $ 0 Total Funds Budgeted $ 1,414,886 State Funds Budgeted $ 1,414,886 Total Positions Budgeted 74 2. Public Relations and Information Budget: Personal Services $ 337,385 Regular Operating Expenses $ 85,225 Travel $ 9,312 Motor Vehicle Equipment Purchases $ 12,300 Publications and Printing $ 325,000 Equipment Purchases $ 15,500 Per Diem and Fees $ 13,000 Computer Charges $ 500 Other Contractual Expense $ 0 Total Funds Budgeted $ 798,222 State Funds Budgeted $ 798,222 Total Positions Budgeted 25 3. Planning and Research Budget: Personal Services $ 918,000 Regular Operating Expenses $ 89,980 Travel $ 68,000 Motor Vehicle Equipment Purchases $ 5,000 Publications and Printing $ 75,000 Equipment Purchases $ 10,800 Per Diem and Fees $ 99,620 Computer Charges $ 3,000 Other Contractual Expense $ 108,909 Land and Water Conservation Grants $ 3,600,000 Recreation Grants $ 300,000 Total Funds Budgeted $ 5,278,309 State Funds Budgeted $ 1,462,774 Total Positions Budgeted 65 4. Game Management Budget: Personal Services $ 1,323,000 Regular Operating Expenses $ 522,913 Travel $ 16,692 Motor Vehicle Equipment Purchases $ 176,400 Publications and Printing $ 15,000 Equipment Purchases $ 29,800 Per Diem and Fees $ 3,500 Computer Charges $ 6,500 Other Contractual Expense $ 19,267 Capital Outlay $ 0 Total Funds Budgeted $ 2,113,072 State Funds Budgeted $ 1,161,453 Total Positions Budgeted 110 5. Fisheries Management Budget: Personal Services $ 1,382,923 Regular Operating Expenses $ 578,590 Travel $ 33,500 Motor Vehicle Equipment Purchases $ 104,900 Publications and Printing $ 10,500 Equipment Purchases $ 101,325 Per Diem and Fees $ 3,000 Computer Charges $ 3,125 Other Contractual Expenses $ 36,000 Capital Outlay $ 309,000 Total Funds Budgeted $ 2,562,863 State Funds Budgeted $ 2,062,448 Total Positions Budgeted 110 6. Law Enforcement Budget: Personal Services $ 3,012,314 Regular Operating Expenses $ 873,650 Travel $ 52,600 Motor Vehicle Equipment Purchases $ 311,000 Publications and Printing $ 29,400 Equipment Purchases $ 313,297 Per Diem and Fees $ 26,080 Computer Charges $ 0 Other Contractual Expense $ 0 State of Georgia General Obligation Debt Sinking Fund $ 27,000 Total Funds Budgeted $ 4,645,341 State Funds Budgeted $ 4,463,657 Total Positions Budgeted 244 7. Project Evaluation Budget: Personal Services $ 66,900 Regular Operating Expenses $ 12,025 Travel $ 2,645 Motor Vehicle Equipment Purchases $ 4,100 Publications and Printing $ 300 Equipment Purchases $ 1,600 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 87,570 State Funds Budgeted $ 87,570 Total Positions Budgeted 4 8. Coastal Marshlands Protection Budget: Personal Services $ 33,600 Regular Operating Expenses $ 6,875 Travel $ 2,500 Motor Vehicle Equipment Purchases $ 3,500 Publications and Printing $ 650 Equipment Purchases $ 1,065 Per Diem and Fees $ 2,640 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 50,830 State Funds Budgeted $ 50,830 Total Positions Budgeted 2 9. State Parks and Historic Sites Operations Budget: Personal Services $ 4,565,385 Regular Operating Expenses $ 2,728,643 Travel $ 64,500 Motor Vehicle Equipment Purchases $ 240,300 Publications and Printing $ 36,000 Equipment Purchases $ 277,090 Per Diem and Fees $ 57,500 Computer Charges $ 0 Other Contractual Expense $ 28,500 Capital Outlay $ 360,000 Authority Lease Rentals $ 2,526,000 Total Funds Budgeted $ 10,883,918 State Funds Budgeted $ 8,237,409 Total Positions Budgeted 381 10. Geologic and Water Resources Research Budget: Personal Services $ 507,608 Regular Operating Expenses $ 76,484 Travel $ 25,500 Motor Vehicle Equipment Purchases $ 27,600 Publications and Printing $ 26,000 Equipment Purchases $ 30,200 Per Diem and Fees $ 2,500 Computer Charges $ 0 Other Contractual Expense $ 30,000 Contract with U.S. Geological Survey for Ground Water Resources Survey $ 202,000 Topographic Mapping United States Geological Survey $ 1,050,000 Total Funds Budgeted $ 1,977,892 State Funds Budgeted $ 1,707,892 Total Positions Budgeted 34 11. Water Supply Budget: Personal Services $ 498,183 Regular Operating Expenses $ 42,741 Travel $ 27,459 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 6,000 Equipment Purchases $ 23,077 Per Diem and Fees $ 0 Computer Charges $ 10,000 Other Contractual Expense $ 0 Fluoridation Grants $ 200,000 Total Funds Budgeted $ 807,460 State Funds Budgeted $ 807,460 Total Positions Budgeted 34 12. Water Quality Budget: Personal Services $ 1,519,000 Regular Operating Expenses $ 96,095 Travel $ 43,800 Motor Vehicle Equipment Purchases $ 20,000 Publications and Printing $ 32,000 Equipment Purchases $ 54,540 Per Diem and Fees $ 3,800 Computer Charges $ 105,500 Other Contractual Expense $ 437,500 Water and Sewer Grants $ 2,000,000 Total Funds Budgeted $ 4,312,235 State Funds Budgeted $ 3,062,235 Total Positions Budgeted 104 13. Air Quality Budget: Personal Services $ 1,132,000 Regular Operating Expenses $ 86,809 Travel $ 54,300 Motor Vehicle Equipment Purchases $ 6,000 Publications and Printing $ 3,000 Equipment Purchases $ 28,000 Per Diem and Fees $ 500 Computer Charges $ 58,700 Other Contractual Expense $ 9,500 Total Funds Budgeted $ 1,378,809 State Funds Budgeted $ 828,309 Total Positions Budgeted 74 14. Solid Waste Management Budget: Personal Services $ 573,711 Regular Operating Expenses $ 27,198 Travel $ 31,180 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 6,500 Equipment Purchases $ 6,000 Per Diem and Fees $ 1,500 Computer Charges $ 0 Other Contractual Expense $ 0 Solid Waste Grants $ 2,000,000 Total Funds Budgeted $ 2,646,089 State Funds Budgeted $ 2,646,089 Total Positions Budgeted 35 15. Land Reclamation Budget: Personal Services $ 154,874 Regular Operating Expenses $ 25,205 Travel $ 9,775 Motor Vehicle Equipment Purchases $ 14,000 Publications and Printing $ 1,500 Equipment Purchases $ 1,600 Per Diem and Fees $ 2,000 Computer Charges $ 34,500 Other Contractual Expense $ 0 Total Funds Budgeted $ 243,454 State Funds Budgeted $ 243,454 Total Positions Budgeted 9 16. Heritage Trust Budget: Capital Outlay $ 590,000 State of Georgia General Obligation Debt Sinking Fund $ 302,000 Total Funds Budgeted $ 892,000 State Funds Budgeted $ 892,000 Total Positions Budgeted 0 17. Lake Lanier Islands Development Authority Budget: Payments to Lake Lanier Islands Development Authority for Operations $ 500,000 Payments to Lake Lanier Islands Development Authority for Capital Outlay $ 52,500 Total Funds Budgeted $ 552,500 State Funds Budgeted $ 552,500 Total Positions Budgeted 0 18. Jekyll Island State Park Authority: State of Georgia General Obligation Debt Sinking Fund $ 350,000 Total Funds Budgeted $ 350,000 State Funds Budgeted $ 350,000 Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services $ 16,973,585 Regular Operating Expenses $ 5,449,990 Travel $ 453,045 Motor Vehicle Equipment Purchases $ 929,800 Publications and Printing $ 636,850 Equipment Purchases $ 905,559 Per Diem and Fees $ 246,240 Computer Charges $ 362,205 Other Contractual Expense $ 669,676 Land and Water Conservation Grants $ 3,600,000 Recreation Grants $ 300,000 Fluoridation 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 $ 202,000 Contract with U.S. Geological Survey for Topographic Maps $ 1,050,000 Payments to Lake Lanier Islands Development Authority for Operations $ 500,000 Capital Outlay $ 1,259,000 Authority Lease Rentals $ 2,526,000 State of Georgia General Obligation Debt Sinking Fund $ 679,000 Payments to Lake Lanier Islands Development Authority for Capital Outlay $ 52,500

Page 1431

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 shall be made prior to the official approval thereof by the Board of Natural Resources. Provided, that of the above appropriation to the Planning and Research Budget, $21,000 is designated and committed to the Georgia Special Olympics Program. Provided, that of the above appropriation to the Parks

Page 1432

and Historic Sites Budget, $60,000 is designated and committed for camping for the Mentally Retarded. Provided, that of the above appropriation relative to Planning and Research, $100,000 in Grants is designated and committed for renovation of the 4-H Club property and adjacent property acquired for park and recreation purposes. Provided further that these funds shall be matched with local and Federal funds. Provided, that of the above appropriation relative to Capital Outlay, $60,000 is designated and committed to build and equip a pavilion at Red Top Mountain State Park. Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $350,000 is specifically appropriated for the purpose of financing Capital Outlay projects at Jekyll Island through the issuance of not to exceed $4,000,000 in principal amount of General Obligation Debt. Section 31. Department of Offender Rehabilitation. A. Budget Unit: Department of Corrections $ 4,108,169 1. General Administration and Support Budget: Personal Services $ 2,506,447 Regular Operating Expenses $ 548,066 Travel $ 85,000 Motor Vehicle Equipment Purchases $ 4,900 Publications and Printing $ 45,500 Equipment Purchases $ 41,776 Per Diem and Fees $ 37,820 Computer Charges $ 324,442 Other Contractual Expense $ 57,500 Mentally Retarded Offender Program $ 150,000 Total Funds Budgeted $ 3,801,451 State Funds Budgeted $ 3,801,451 Total Positions Budgeted 191 2. Construction, Maintenance, and Special Projects Budget: Personal Services $ 184,418 Regular Operating Expenses $ 45,300 Travel $ 20,000 Motor Vehicle Equipment Purchases $ 4,000 Publications and Printing $ 1,000 Equipment Purchases $ 0 Per Diem and Fees $ 40,000 Computer Charges $ 0 Other Contractual Expense $ 12,000 Total Funds Budgeted $ 306,718 State Funds Budgeted $ 306,718 Total Positions Budgeted 11 Budget Unit Object Classes: Personal Services $ 2,690,865 Regular Operating Expenses $ 593,366 Travel $ 105,000 Motor Vehicle Equipment Purchases $ 8,900 Publications and Printing $ 46,500 Equipment Purchases $ 41,776 Per Diem and Fees $ 77,820 Computer Charges $ 324,442 Other Contractual Expense $ 69,500 Mentally Retarded Offender Program $ 150,000 B. Budget Unit: Correctional Institutions $ 38,810,057 1. Georgia Training and Development Center Budget: Personal Services $ 922,601 Regular Operating Expenses $ 452,393 Travel $ 1,950 Motor Vehicle Equipment Purchases $ 22,500 Publications and Printing $ 125 Equipment Purchases $ 35,860 Per Diem and Fees $ 19,000 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 1,454,429 State Funds Budgeted $ 1,122,629 Total Positions Budgeted 83 2. Georgia Industrial Institute Budget: Personal Services $ 2,498,800 Regular Operating Expenses $ 1,422,075 Travel $ 8,400 Motor Vehicle Equipment Purchases $ 66,000 Publications and Printing $ 673 Equipment Purchases $ 90,075 Per Diem and Fees $ 22,000 Computer Charges $ 0 Other Contractual Expense $ 0 Capital Outlay $ 40,000 Total Funds Budgeted $ 4,148,023 State Funds Budgeted $ 4,136,023 Total Positions Budgeted 227 3. Georgia Diagnostic and Classification Center Budget: Personal Services $ 2,582,238 Regular Operating Expenses $ 1,111,100 Travel $ 4,000 Motor Vehicle Equipment Purchases $ 34,700 Publications and Printing $ 1,000 Equipment Purchases $ 83,525 Per Diem and Fees $ 49,875 Computer Charges $ 0 Other Contractual Expense $ 0 Authority Lease Rentals $ 640,000 Total Funds Budgeted $ 4,506,438 State Funds Budgeted $ 4,504,638 Total Positions Budgeted 246 4. Georgia State Prison Budget: Personal Services $ 5,061,281 Regular Operating Expenses $ 3,048,960 Travel $ 6,000 Motor Vehicle Equipment Purchases $ 88,000 Publications and Printing $ 1,600 Equipment Purchases $ 146,000 Per Diem and Fees $ 88,000 Computer Charges $ 0 Other Contractual Expenses $ 0 Total Funds Budgeted $ 8,439,841 State Funds Budgeted $ 8,304,841 Total Positions Budgeted 460 5. Consolidated Branches Budget: Personal Services $ 3,654,400 Regular Operating Expenses $ 2,174,700 Travel $ 15,700 Motor Vehicle Equipment Purchases $ 55,000 Publications and Printing $ 2,560 Equipment Purchases $ 243,000 Per Diem and Fees $ 124,000 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 6,269,360 State Funds Budgeted $ 5,897,360 Total Positions Budgeted 346 6. Montgomery Correctional Institution Budget: Personal Services $ 640,000 Regular Operating Expenses $ 352,000 Travel $ 3,550 Motor Vehicle Equipment Purchases $ 9,000 Publications and Printing $ 350 Equipment Purchases $ 27,800 Per Diem and Fees $ 9,800 Computer Charges $ 0 Other Contractual Expense $ 0 Authority Lease Rentals $ 100,000 Total Funds Budgeted $ 1,142,500 State Funds Budgeted $ 1,124,500 Total Positions Budgeted 60 7. Walker Correctional Institution Budget: Personal Services $ 598,000 Regular Operating Expenses $ 376,000 Travel $ 2,450 Motor Vehicle Equipment Purchases $ 15,000 Publications and Printing $ 425 Equipment Purchases $ 32,800 Per Diem and Fees $ 10,500 Computer Charges $ 0 Other Contractual Expense $ 0 Authority Lease Rentals $ 100,000 Total Funds Budgeted $ 1,135,175 State Funds Budgeted $ 1,135,175 Total Positions Budgeted 59 8. Kemper Correctional Institution Budget: Personal Services $ 500,000 Regular Operating Expenses $ 416,000 Travel $ 2,500 Motor Vehicle Equipment Purchases $ 7,500 Publications and Printing $ 300 Equipment Purchases $ 10,000 Per Diem and Fees $ 10,000 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 946,300 State Funds Budgeted $ 946,300 Total Positions Budgeted 58 9. Georgia Women's Correctional Institution Budget: Personal Services $ 841,350 Regular Operating Expenses $ 217,150 Travel $ 2,000 Motor Vehicle Equipment Purchases $ 21,500 Publications and Printing $ 400 Equipment Purchases $ 25,500 Per Diem and Fees $ 4,100 Computer Charges $ 0 Other Contractual Expense $ 2,500 Total Funds Budgeted $ 1,114,500 State Funds Budgeted $ 1,114,500 Total Positions Budgeted 104 10. Ingram Correctional Institution Budget: Personal Services $ 355,000 Regular Operating Expenses $ 305,000 Travel $ 2,000 Motor Vehicle Equipment Purchases $ 20,000 Publications and Printing $ 225 Equipment Purchases $ 10,000 Per Diem and Fees $ 7,500 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 699,725 State Funds Budgeted $ 699,725 Total Positions Budgeted 58 11. West Georgia Community Correctional Institution Budget: Personal Services $ 650,000 Regular Operating Expenses $ 497,000 Travel $ 4,000 Motor Vehicle Equipment Purchases $ 30,000 Publications and Printing $ 1,000 Equipment Purchases $ 536,475 Per Diem and Fees $ 18,000 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 1,736,475 State Funds Budgeted $ 1,736,475 Total Positions Budgeted 150 12. New Youthful Offender Institution Budget: Personal Services $ 1,100,000 Regular Operating Expenses $ 400,000 Travel $ 6,000 Motor Vehicle Equipment Purchases $ 40,000 Publications and Printing $ 500 Equipment Purchases $ 35,000 Per Diem and Fees $ 20,000 Computer Charges $ 0 Other Contractual Expense $ 0 Capital Outlay $ 1,440,000 Total Funds Budgeted $ 3,041,500 State Funds Budgeted $ 3,041,500 Total Positions Budgeted 200

Page 1438

Provided, that of the above appropriation, $3,041,500 is designated and committed for the Glynco Correctional Institution, or such other youthful offender institution as may be designated by a majority of the membership of the Fiscal Affairs Subcommittees of the House and Senate. Provided, further, that these funds shall only be available for expenditure at State-owned facilities. 13. Work Release Center Budget: Personal Services $ 172,000 Regular Operating Expenses $ 154,000 Travel $ 2,200 Motor Vehicle Equipment Purchases $ 5,000 Publications and Printing $ 211 Equipment Purchases $ 5,492 Per Diem and Fees $ 8,500 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 347,403 State Funds Budgeted $ 347,403 Total Positions Budgeted 16 14. Andromeda Center Budget: Personal Services $ 31,000 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 Other Contractual Expense $ 0 Total Funds Budgeted $ 31,000 State Funds Budgeted $ 31,000 15. Impact Centers Budget: Personal Services $ 98,488 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 Other Contractual Expense $ 0 Total Funds Budgeted $ 98,488 State Funds Budgeted $ 98,488 16. Talmadge Memorial Hospital Unit Budget: Personal Services $ 185,000 Regular Operating Expenses $ 45,000 Travel $ 1,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 0 Equipment Purchases $ 0 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 231,500 State Funds Budgeted $ 231,500 Total Positions Budgeted 20 17. Food Processing and Distribution Unit Budget: Personal Services $ 49,000 Regular Operating Expenses $ 10,000 Travel $ 1,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 0 Equipment Purchases $ 0 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 60,500 State Funds Budgeted $ 60,500 Total Positions Budgeted 7 18. Court Costs, Overtime, and Inmate Release Funds Budget: Personal ServicesOvertime $ 50,000 Regular Operating Expenses $ 0 Travel $ 0 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 0 Equipment Purchases $ 0 Per Diem and Fees $ 0 Court Costs $ 110,000 County Subsidy $ 2,737,500 Computer Charges $ 0 Other Contractual Expense $ 0 Inmate Release Fund $ 383,000 Total Funds Budgeted $ 3,280,500 State Funds Budgeted $ 3,280,500 Total Positions Budgeted 0 19. Pre-release Centers Budget: Personal Services $ 534,000 Regular Operating Expenses $ 263,550 Travel $ 9,000 Motor Vehicle Equipment Purchases $ 15,000 Publications and Printing $ 1,000 Equipment Purchases $ 159,450 Per Diem and Fees $ 12,000 Computer Charges $ 0 Other Contractual Expense $ 3,000 Total Funds Budgeted $ 997,000 State Funds Budgeted $ 997,000 Total Positions Budgeted 51 Budget Unit Object Classes: Personal Services $ 20,523,158 Regular Operating Expenses $ 11,244,928 Travel $ 72,750 Motor Vehicle Equipment Purchases $ 429,200 Publications and Printing $ 10,369 Equipment Purchases $ 1,440,977 Per Diem and Fees $ 403,275 Computer Charges $ 0 Other Contractual Expense $ 5,500 Court Costs $ 110,000 Authority Lease Rentals $ 840,000 Capital Outlay $ 1,480,000 Inmate Release Fund $ 383,000 County Subsidy $ 2,737,500

Page 1442

Provided, that of the above appropriation relative to Capital Outlay, $40,000 is designated and committed for kitchen renovations at Georgia Industrial Institution. Provided, that the Department is hereby authorized and directed to redirect up to $350,000 from funds available to the Georgia Building Authority (Penal) for a feed mill and hog project at Georgia State Prison and an abattoir at Georgia Industrial Institute. C. Budget Unit: Department of Offender Rehabilitation $ 6,045,294 1. Probation and Parole Field Supervision Budget: Personal Services $ 332,261 Regular Operating Expenses $ 28,156 Travel $ 10,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 500 Equipment Purchases $ 0 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 370,917 State Funds Budgeted $ 370,917 Total Positions Budgeted 18 2. Probation/Parole Budget: Personal Services $ 4,280,047 Regular Operating Expenses $ 359,010 Travel $ 308,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 1,742 Equipment Purchases $ 56,328 Per Diem and Fees $ 13,250 Computer Charges $ 0 Other Contractual Expense $ 20,000 Total Funds Budgeted $ 5,038,377 State Funds Budgeted $ 5,038,377 Total Positions Budgeted 401 3. Treatment Centers Budget: Personal Services $ 399,942 Regular Operating Expenses $ 218,614 Travel $ 8,340 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 1,873 Equipment Purchases $ 1,007 Per Diem and Fees $ 6,224 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 636,000 State Funds Budgeted $ 636,000 Total Positions Budgeted 41 Budget Unit Object Classes: Personal Services $ 5,012,250 Regular Operating Expenses $ 605,780 Travel $ 326,340 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 4,115 Equipment Purchases $ 57,335 Per Diem and Fees $ 19,474 Computer Charges $ 0 Other Contractual Expense $ 20,000 D. Budget Unit: Board of Pardons and Paroles $ 492,189 Board of Pardons and Paroles Budget: Personal Services $ 460,990 Regular Operating Expenses $ 23,848 Travel $ 19,851 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 1,200 Equipment Purchases $ 1,800 Per Diem and Fees $ 17,200 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 524,889 State Funds Budgeted $ 492,189 Total Positions Budgeted 28 Budget Unit Object Classes: Personal Services $ 460,990 Regular Operating Expenses $ 23,848 Travel $ 19,851 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 1,200 Equipment Purchases $ 1,800 Per Diem and Fees $ 17,200 Computer Charges $ 0 Other Contractual Expense $ 0

Page 1444

Section 32. Department of Public Safety. Budget Unit: Department of Public Safety $ 25,457,736 1. Office of Highway Safety Budget: Personal Services $ 253,847 Regular Operating Expenses $ 22,600 Travel $ 13,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 7,000 Equipment Purchases $ 2,000 Per Diem and Fees $ 1,000 Computer Charges $ 2,000 Other Contractual Expense $ 0 Total Funds Budgeted $ 301,447 State Funds Budgeted $ 0 Total Positions Budgeted 16 2. Commissioner's Office Budget: Personal Services $ 270,000 Regular Operating Expenses $ 48,281 Travel $ 4,690 Motor Vehicle Equipment Purchases $ 5,000 Publications and Printing $ 16,105 Equipment Purchases $ 4,000 Per Diem and Fees $ 3,000 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 351,076 State Funds Budgeted $ 351,076 Total Positions Budgeted 16 3. Staff Services Budget: Personal Services $ 740,505 Regular Operating Expenses $ 1,179,714 Travel $ 2,750 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 25,400 Equipment Purchases $ 11,107 Per Diem and Fees $ 8,550 Computer Charges $ 80,200 Other Contractual Expense $ 0 Total Funds Budgeted $ 2,048,226 State Funds Budgeted $ 2,048,226 Total Positions Budgeted 68 4. Georgia State Patrol Budget: Personal Services $ 16,422,336 Regular Operating Expenses $ 2,039,908 Travel $ 86,748 Motor Vehicle Equipment Purchases $ 945,000 Publications and Printing $ 888,103 Equipment Purchases $ 506,429 Per Diem and Fees $ 88,520 Computer Charges $ 1,175,854 Other Contractual Expense $ 0 Total Funds Budgeted $ 22,152,898 State Funds Budgeted $ 22,087,301 Total Positions Budgeted 1,194 5. Mandate TrainingOperations Budget: Personal Services $ 144,000 Regular Operating Expenses $ 38,736 Travel $ 6,710 Motor Vehicle Equipment Purchases $ 7,300 Publications and Printing $ 1,623 Equipment Purchases $ 33,495 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 231,864 State Funds Budgeted $ 231,864 Total Positions Budgeted 11 6. Police Academy: Personal Services $ 300,680 Regular Operating Expenses $ 69,903 Travel $ 5,706 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 6,980 Equipment Purchases $ 23,500 Per Diem and Fees $ 47,000 Computer Charges $ 0 Other Contractual Expense $ 0 Capital Outlay $ 370,000 Total Funds Budgeted $ 823,769 State Funds Budgeted $ 739,269 Total Positions Budgeted 18 Budget Unit Object Classes: Personal Services $ 18,131,368 Regular Operating Expenses $ 3,399,142 Travel $ 119,604 Motor Vehicle Equipment Purchases $ 957,300 Publications and Printing $ 945,211 Equipment Purchases $ 580,531 Per Diem and Fees $ 148,070 Computer Charges $ 1,258,054 Other Contractual Expense $ 0 Capital Outlay $ 370,000

Page 1447

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). Provided, that of the above appropriation, $370,000 is designated and committed to renovate and re-roof the Georgia Police Academy. Provided, however, that of the above appropriation relating to the Department of Public Safety, $1,800,000 is designated and committed for funding the conversion to the Merit Salary Schedule of the Uniform Division of the Georgia State Patrol, in accordance with the provisions of S. B. 16 of the 1975 Regular Session of the Georgia General Assembly. Section 33. Public School Employees' Retirement System. Budget Unit: Public School Employees' Retirement System $ 8,415,180 Departmental Operations Budget: Payments to Employees' Retirement System $ 137,000 Employer Contributions $ 8,278,180 Total Funds Budgeted $ 8,415,180 State Funds Budgeted $ 8,415,180 Budget Unit Object Classes: Payments to Employees' Retirement System $ 137,000 Employer Contributions $ 8,278,180

Page 1448

Section 34. Public Service Commission. Budget Unit: Public Service Commission $ 2,331,260 1. Administration Budget: Personal Services $ 516,920 Regular Operating Expenses $ 30,907 Travel $ 7,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 1,500 Equipment Purchases $ 2,300 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 559,127 State Funds Budgeted $ 559,127 Total Positions Budgeted 27 2. Transportation Budget: Personal Services $ 551,972 Regular Operating Expenses $ 99,966 Travel $ 35,000 Motor Vehicle Equipment Purchases $ 3,500 Publications and Printing $ 9,700 Equipment Purchases $ 6,000 Per Diem and Fees $ 3,000 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 709,138 State Funds Budgeted $ 709,138 Total Positions Budgeted 44 3. Utilities Budget: Personal Services $ 805,316 Regular Operating Expenses $ 105,005 Travel $ 43,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 9,000 Equipment Purchases $ 34,000 Per Diem and Fees $ 104,850 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 1,101,671 State Funds Budgeted $ 1,062,995 Total Positions Budgeted 56 Budget Unit Object Classes: Personal Services $ 1,874,208 Regular Operating Expenses $ 235,878 Travel $ 86,000 Motor Vehicle Equipment Purchases $ 3,500 Publications and Printing $ 20,200 Equipment Purchases $ 42,300 Per Diem and Fees $ 107,850 Computer Charges $ 0 Other Contractual Expense $ 0

Page 1449

Section 35. Regents, University System of Georgia. A. Budget Unit: Resident Instruction and University System Institutions $ 270,471,760 1. Resident Instruction Budget: Personal Services $ 223,766,285 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, Computer Charges, and Other Contractual Expense $ 75,214,500 Teachers' Retirement $ 17,255,715 Capital Outlay $ 10,000,000 Authority Lease Rentals $ 22,686,000 State of Georgia General Obligation Debt Sinking Fund $ 2,000,000 Total Funds Budgeted $ 350,922,500 State Funds Budgeted $ 238,565,000 Total Positions Budgeted 15,900

Page 1450

Provided, that of the above appropriation relative to Capital Outlay, $150,000 is designated and committed for planning of a Cancer Research Center at the Medical College of Georgia. Provided, that of the above appropriation relative to Capital Outlay, $500,000 is designated and committed to purchase equipment for the new Sydenstricker wing at Talmadge Memorial Hospital. Provided, that from appropriated funds in A, the amount of $24,686,000 in F. Y. 1976 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

Page 1451

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 estimates 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 $ 268,500 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, Computer Charges, and Other Contractual Expense $ 121,900 Total Funds Budgeted $ 390,400 State Funds Budgeted $ 390,400 Total Positions Budgeted 23 3. Skidaway Institute of Oceanography Budget: Personal Services $ 803,500 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, Computer Charges, and Other Contractual Expense $ 763,000 Total Funds Budgeted $ 1,566,500 State Funds Budgeted $ 575,500 Total Positions Budgeted 38 4. Engineering Experiment Station Budget: Personal Services $ 6,830,700 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, Computer Charges, and Other Contractual Expense $ 2,254,000 Total Funds Budgeted $ 9,084,700 State Funds Budgeted $ 2,352,000 Total Positions Budgeted 201 5. Engineering Extension Division Budget: Personal Services $ 761,017 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, Computer Charges, and Other Contractual Expense $ 363,257 Total Funds Budgeted $ 1,124,274 State Funds Budgeted $ 412,819 Total Positions Budgeted 66 6. Agricultural Experiment Stations Budget: Personal Services $ 9,898,976 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, Computer Charges, and Other Contractual Expense $ 5,363,745 Total Funds Budgeted $ 15,262,721 State Funds Budgeted $ 9,671,000 Total Positions Budgeted 848

Page 1453

Provided, that of the above appropriation relating to the Agriculture Experiment Stations, $250,000 is intended to meet price increases in agricultural supplies, materials and equipment necessary for research and to improve scientist man year support. 7. Cooperative Extension Service Budget: Personal Services $ 14,304,624 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, Computer Charges, and Other Contractual Expense $ 2,386,417 Total Funds Budgeted $ 16,691,041 State Funds Budgeted $ 8,535,041 Total Positions Budgeted 953

Page 1454

Provided, that of the above appropriation relating to the Cooperative Extension Service, $120,000 is designated and committed for six specialist and three clerical positions and $100,000 is designated and committed for operational costs of the Cooperative Extension Services. 8. Talmadge Memorial Hospital Budget: Personal Services $ 16,532,779 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, Computer Charges, and Other Contractual Expense $ 5,274,675 Total Funds Budgeted $ 21,807,454 State Funds Budgeted $ 9,970,000 Total Positions Budgeted 1,971 Budget Unit Object Classes: Personal Services $ 273,166,381 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, Computer Charges, and Other Contractual Expense $ 91,741,494 Teachers' Retirement $ 17,255,715 Capital Outlay $ 10,000,000 Authority Lease Rentals $ 22,686,000 State of Georgia General Obligation Debt Sinking Fund $ 2,000,000 B. Budget Unit: Regents Central Office $ 6,499,750 Regents Central Office Budget: Personal Services $ 1,662,400 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, Computer Charges, and Other Contractual Expense $ 390,350 SREB Payments $ 732,000 Medical Scholarships $ 345,000 Regents Scholarships $ 200,000 Grants to Junior Colleges $ 3,170,000 Total Funds Budgeted $ 6,499,750 State Funds Budgeted $ 6,499,750 Total Positions Budgeted 104 Budget Unit Object Classes: Personal Services $ 1,662,400 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, Computer Charges, and Other Contractual Expense $ 390,350 SREB Payments $ 732,000 Medical Scholarships $ 345,000 Regents Scholarships $ 200,000 Grants to Junior Colleges $ 3,170,000

Page 1455

Section 36. Department of Revenue. Budget Unit: Department of Revenue $ 19,370,362 1. Executive Administration Budget: Personal Services $ 459,000 County Tax Officials/Retirement and FICA $ 436,000 Regular Operating Expenses $ 912,172 Travel $ 12,000 Motor Vehicle Equipment Purchases $ 4,000 Publications and Printing $ 165,000 Equipment Purchases $ 4,850 Per Diem and Fees $ 19,800 Computer Charges $ 35,000 Other Contractual Expense $ 0 Total Funds Budgeted $ 2,047,822 State Funds Budgeted $ 2,047,822 Total Positions Budgeted 32 2. Internal Administration Budget: Personal Services $ 812,500 Regular Operating Expenses $ 24,740 Travel $ 1,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 6,736 Equipment Purchases $ 24,000 Per Diem and Fees $ 1,000 Computer Charges $ 49,000 Other Contractual Expense $ 0 Total Funds Budgeted $ 919,476 State Funds Budgeted $ 919,476 Total Positions Budgeted 70 3. Property Tax Budget: Personal Services $ 800,000 Regular Operating Expenses $ 24,442 Travel $ 44,600 Motor Vehicle Equipment Purchases $ 9,200 Publications and Printing $ 82,000 Equipment Purchases $ 2,775 Per Diem and Fees $ 46,000 Computer Charges $ 1,100,000 Other Contractual Expense $ 0 Loans to Counties/Property Reevaluation $ 325,000 Grants to Counties/Appraisal Staff $ 1,250,000 Intangible Tax Equalization Fund $ 0 Total Funds Budgeted $ 3,684,017 Repayment of Loans to Counties/Property Reevaluation $ 201,000 Indirect Computer Funding $ 900,000 State Funds Budgeted $ 2,583,017 Total Positions Budgeted 64

Page 1457

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. 1976. Such amount shall be available for further tax evaluation loans to counties. Provided, that of the above appropriation, no funds are designated and committed for the cost of the Intangible Tax Equalization Fund provided for in an Act approved April 17, 1973 (Ga. Laws 1973, p. 924), to be administered by the State Revenue Commissioner as provided therein. 4. Sales Taxation Budget: Personal Services $ 769,537 Regular Operating Expenses $ 71,252 Travel $ 4,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 53,600 Equipment Purchases $ 7,300 Per Diem and Fees $ 0 Computer Charges $ 310,000 Other Contractual Expense $ 0 Total Funds Budgeted $ 1,215,689 Indirect Computer Funding $ 200,000 State Funds Budgeted $ 1,015,689 Total Positions Budgeted 75 5. Motor Fuel Taxation Budget: Personal Services $ 347,000 Regular Operating Expenses $ 7,244 Travel $ 2,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 50,000 Equipment Purchases $ 1,755 Per Diem and Fees $ 0 Computer Charges $ 270,000 Other Contractual Expense $ 0 Total Funds Budgeted $ 677,999 State Funds Budgeted $ 677,999 Total Positions Budgeted 36

Page 1458

Provided, that of the above appropriation relating to Computer Charges, $ 165,000 is designated and committed for redesign of Motor Fuel Computer System. 6. Income Taxation Budget: Personal Services $ 1,268,546 Regular Operating Expenses $ 146,733 Travel $ 3,507 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 250,300 Equipment Purchases $ 7,165 Per Diem and Fees $ 0 Computer Charges $ 1,600,000 Other Contractual Expense $ 0 Total Funds Budgeted $ 3,276,251 Indirect Computer Funding $ 1,400,000 State Funds Budgeted $ 1,876,251 Total Positions Budgeted 115 7. Alcohol and Tobacco Taxation Budget: Personal Services $ 1,583,000 Regular Operating Expenses $ 195,508 Travel $ 47,000 Motor Vehicle Equipment Purchases $ 110,400 Publications and Printing $ 13,500 Equipment Purchases $ 3,050 Per Diem and Fees $ 11,200 Computer Charges $ 50,000 Other Contractual Expense $ 0 Total Funds Budgeted $ 2,013,658 State Funds Budgeted $ 2,013,658 Total Positions Budgeted 119 8. Motor Vehicle Registration Budget: Personal Services $ 1,800,000 Regular Operating Expenses $ 241,726 Travel $ 5,212 Motor Vehicle Equipment Purchases $ 13,800 Publications and Printing $ 261,840 Equipment Purchases $ 17,740 Per Diem and Fees $ 300 Computer Charges $ 2,115,000 Other Contractual Expense $ 0 Total Funds Budgeted $ 4,455,618 Indirect Computer Funding $ 2,000,000 State Funds Budgeted $ 2,455,618 Total Positions Budgeted 207

Page 1459

Provided, that of the above appropriation relating to Computer Charges, $ 500,000 is designated and committed for redesign of the Motor Vehicle Computer System. 9. Central Audit Budget: Personal Services $ 1,443,886 Regular Operating Expenses $ 30,636 Travel $ 176,614 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 3,000 Equipment Purchases $ 4,400 Per Diem and Fees $ 1,000 Computer Charges $ 3,000 Other Contractual Expense $ 0 Total Funds Budgeted $ 1,662,536 State Funds Budgeted $ 1,662,536 Total Positions Budgeted 94 10. Field Audit Services Budget: Personal Services $ 3,179,907 Regular Operating Expenses $ 156,171 Travel $ 235,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 8,918 Equipment Purchases $ 21,300 Per Diem and Fees $ 2,000 Computer Charges $ 8,000 Other Contractual Expense $ 0 Total Funds Budgeted $ 3,611,296 State Funds Budgeted $ 3,611,296 Total Positions Budgeted 257 11. Motor Vehicle Tag Purchases Budget: Motor Vehicle Tag Purchases $ 68,250 Motor Vehicle Decal Purchases $ 438,750 Total Funds Budgeted $ 507,000 State Funds Budgeted $ 507,000 Total Positions Budgeted 0

Page 1460

Provided, that of the above appropriated amount relating to motor vehicle tag purchases, $68,250 is designated and committed for use in contracting with the Department of Offender Rehabilitation for the production of at least 105,000 motor vehicle tags. Any such contract may provide for partial, advance payment

Page 1461

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. Budget Unit Object Classes: Personal Services $ 12,463,376 County Tax Officials/Retirement and FICA $ 436,000 Regular Operating Expenses $ 1,810,624 Travel $ 531,433 Motor Vehicle Equipment Purchases $ 137,400 Publications and Printing $ 894,894 Equipment Purchases $ 94,335 Per Diem and Fees $ 81,300 Computer Charges $ 5,540,000 Other Contractual Expense $ 0 Loans to Counties/Property Reevaluation $ 325,000 Grants to Counties/Appraisal Staff $ 1,250,000 Motor Vehicle Tag Purchases $ 507,000 Intangible Tax Equalization Fund $ 0 Section 37. Secretary of State. A. Budget Unit: Secretary of State $ 6,224,605 1. Occupational Certification Budget: Personal Services $ 1,353,981 Regular Operating Expenses $ 365,770 Travel $ 134,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 33,000 Equipment Purchases $ 21,000 Per Diem and Fees $ 85,000 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 1,992,751 State Funds Budgeted $ 1,992,751 Total Positions Budgeted 124 2. Securities Regulation Budget: Personal Services $ 208,666 Regular Operating Expenses $ 24,233 Travel $ 5,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 2,000 Equipment Purchases $ 2,100 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 241,999 State Funds Budgeted $ 241,999 Total Positions Budgeted 14 3. Corporations Regulation Budget: Personal Services $ 226,387 Regular Operating Expenses $ 18,020 Travel $ 5,800 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 3,000 Equipment Purchases $ 3,000 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 50,000 Total Funds Budgeted $ 306,207 State Funds Budgeted $ 306,207 Total Positions Budgeted 21 4. Pharmacy Regulation Budget: Personal Services $ 250,053 Regular Operating Expenses $ 5,762 Travel $ 46,800 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 200 Equipment Purchases $ 1,800 Per Diem and Fees $ 500 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 305,115 State Funds Budgeted $ 305,115 Total Positions Budgeted 15 5. Archives and Records Budget: Personal Services $ 1,103,177 Regular Operating Expenses $ 109,751 Travel $ 7,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 23,000 Equipment Purchases $ 11,200 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Authority Lease Rentals $ 815,000 Total Funds Budgeted $ 2,069,628 State Funds Budgeted $ 2,069,628 Total Positions Budgeted 91 6. General Services Budget: Personal Services $ 422,666 Regular Operating Expenses $ 54,871 Travel $ 8,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 60,000 Equipment Purchases $ 4,000 Per Diem and Fees $ 2,000 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 552,037 State Funds Budgeted $ 552,037 Total Positions Budgeted 34 7. Internal Administration Budget: Personal Services $ 439,174 Regular Operating Expenses $ 50,977 Travel $ 2,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 80,000 Equipment Purchases $ 4,000 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 576,651 State Funds Budgeted $ 576,651 Total Positions Budgeted 29 8. Bicentennial Commission Budget: Personal Services $ 75,812 Regular Operating Expenses $ 391,905 Travel $ 8,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 15,200 Equipment Purchases $ 1,300 Per Diem and Fees $ 3,000 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 495,217 State Funds Budgeted $ 180,217 Total Positions Budgeted 5 Budget Unit Object Classes: Personal Services $ 4,079,916 Regular Operating Expenses $ 1,021,289 Travel $ 218,100 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 216,400 Equipment Purchases $ 48,400 Per Diem and Fees $ 90,500 Computer Charges 0 Other Contractual Expense $ 50,000 Authority Lease Rentals $ 815,000

Page 1465

Provided, that of the above appropriation relating to the Secretary of State, $50,000 of the amount budgeted to the object class Other Contractual Expense in the Corporations Regulation Budget is designated and committed for legal fees for dissolution of defunct corporations. B. Budget Unit: State Building Administrative Board $ 102,066 State Building Administrative Board Budget: Personal Services $ 72,566 Regular Operating Expenses $ 10,000 Travel $ 8,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 5,000 Equipment Purchases $ 3,000 Per Diem and Fees $ 3,500 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 102,066 State Funds Budgeted $ 102,066 Total Positions Budgeted 6 Budget Unit Object Classes: Personal Services $ 72,566 Regular Operating Expenses $ 10,000 Travel $ 8,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 5,000 Equipment Purchases $ 3,000 Per Diem and Fees $ 3,500 Computer Charges $ 0 Other Contractual Expense $ 0

Page 1466

Section 38. State Scholarship Commission. Budget Unit: State Scholarship Commission $ 9,921,679 1. Internal Administration Activity Budget: Personal Services $ 609,616 Regular Operating Expenses $ 128,235 Travel $ 21,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 12,394 Equipment Purchases $ 2,300 Per Diem and Fees $ 3,500 Computer Charges $ 235,000 Other Contractual Expense $ 0 Total Funds Budgeted $ 1,012,545 State Funds Budgeted $ 699,868 Total Positions Budgeted 90 2. Higher Education Assistance Corporation Budget: Payment of Interest $ 214,000 Total Funds Budgeted $ 214,000 State funds Budgeted $ 89,000 Total Positions Budgeted 0 3. Higher Education Assistance Authority Budget: Direct Guaranteed Loans $ 2,233,500 Tuition Equalization Grants $ 6,007,311 State Student Incentive Scholarships $ 1,280,000 Total Funds Budgeted $ 9,520,811 State Funds Budgeted $ 9,120,811 Total Positions Budgeted 0 4. Law Enforcement Personnel Dependents Scholarship Program Budget: Law Enforcement Personnel Dependents Scholarships $ 12,000 Total Funds Budgeted $ 12,000 State Funds Budgeted $ 12,000 Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services $ 609,616 Regular Operating Expenses $ 128,235 Travel $ 21,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 12,394 Equipment Purchases $ 2,300 Per Diem and Fees $ 3,500 Computer Charges $ 235,000 Other Contractual Expense $ 0 Payment of Interest $ 214,000 Direct Guaranteed Loans $ 2,233,500 Tuition Equalization Grants $ 6,007,311 State Student Incentive Scholarships $ 1,280,000 Law Enforcement Personnel Dependents Scholarships $ 12,000

Page 1467

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

Page 1468

Scholarship Commission as provided for in Ga. L. 1965, p. 210, as amended. Provided, that of the above appropriated amount relative to Law Enforcement Personnel Dependents Scholarships $12,000 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 appropriation $6,007,311 is designated and committed for Tuition Equalization Grants to students attending private colleges as provided in Ga. L. 1971, p. 906. Provided, that the above appropriated amounts relative to Student Incentive Scholarships is designated and committed solely for the purpose of providing needs-based scholarships to first-year and to second-year undergraduate students as provided by applicable State and federal law, provided, however, that Georgia veteran students otherwise eligible and qualifying to receive a Student Incentive Scholarship shall have priority and be eligible to receive a scholarship without regard to their undergraduate academic level or classification but such priority for veterans shall only apply to $230,000 of the funds appropriated for Student Incentive Scholarships. Provided, further, that until the Student Incentive Scholarship Program is adequately funded to assist eligible students at all undergraduate levels of study, scholarships shall not be awarded to students for summer term study in institutions of higher education, nor to students for summer period study in other post-secondary educational institutions unless summer period study is part of the typical academic year of such institution. Provided, that of the above appropriation relating to Tuition Equalization Grants, $511,562 is designated and committed to raise grants to $500 for freshmen only, and that no such Tuition Equalization Grant shall be awarded to graduate students.

Page 1469

Section 39. Soil and Water Conservation Committee. Budget Unit: Soil and Water Conservation Committee $ 468,456 Soil and Water Conservation Committee Budget: Personal Services $ 159,181 Regular Operating Expenses $ 44,703 Travel $ 25,400 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 3,355 Equipment Purchases $ 600 Per Diem and Fees $ 98,630 Computer Charges $ 0 Other Contractual Expense $ 136,587 Total Funds Budgeted $ 468,456 State Funds Budgeted $ 468,456 Total Positions Budgeted 11 Budget Unit Object Classes: Personal Services $ 159,181 Regular Operating Expenses $ 44,703 Travel $ 25,400 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 3,355 Equipment Purchases $ 600 Per Diem and Fees $ 98,630 Computer Charges $ 0 Other Contractual Expense $ 136,587 Section 40. Teachers' Retirement System. Budget Unit: Teachers' Retirement System $ 1,965,265 Departmental Operations Budget: Personal Services $ 504,532 Regular Operating Expenses $ 47,390 Travel $ 16,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 12,000 Equipment Purchases $ 6,123 Per Diem and Fees $ 63,250 Computer Charges $ 175,000 Other Contractual Expense $ 0 Employer Contributions $ 985,000 Floor Fund for Local Retirement Systems $ 980,265 Total Funds Budgeted $ 2,789,560 State Funds Budgeted $ 1,965,265 Total Positions Budgeted 40 Budget Unit Object Classes: Personal Services $ 504,532 Regular Operating Expenses $ 47,390 Travel $ 16,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 12,000 Equipment Purchases $ 6,123 Per Diem and Fees $ 63,250 Computer Charges $ 175,000 Other Contractual Expense $ 0 Employer Contributions $ 985,000 Floor Fund for Local Retirement Systems $ 980,265

Page 1470

Provided, that of the above appropriation relative to Employer Contributions, $525,000 is designated and committed for raising to 1.76 the percentage to be used in making the calculations described in Section 2 of S. B. 102 of the 1975 Regular Session of the Georgia General Assembly. Provided, that of the above appropriation relative to Employer Contributions, $460,000 is designated and committed for reducing the service requirement for voluntary retirement to 30 years as described in Sections 1 and 3 of S. B.

Page 1471

102 of the 1975 Regular Session of the Georgia General Assembly. Section 41. Department of Transportation. Budget Unit: Department of Transportation $ 261,548,983 1. Planning and Construction Budget: Personal Services $ 53,732,968 Regular Operating Expenses $ 4,997,874 Travel $ 1,882,650 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 197,066 Equipment Purchases $ 140,200 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 5,800,854 Capital Outlay $ 170,755,097 State of Georgia General Obligation Debt Sinking Fund $ 8,000,000 Total Funds Budgeted $ 245,506,709 State Funds Budgeted $ 106,736,624 Total Positions Budgeted 3,842 2. Maintenance and Betterments Budget: Personal Services $ 32,674,560 Regular Operating Expenses $ 20,604,337 Travel $ 450,600 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 12,184 Equipment Purchases $ 0 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 900,000 Capital Outlay $ 31,876,977 Total Funds Budgeted $ 86,518,658 State Funds Budgeted $ 86,518,658 Total Positions Budgeted 3,851 3. Authorities Budget: Authority Lease Rentals $ 27,408,889 State of Georgia General Obligation Debt Sinking Fund $ 5,582,775 Total Funds Budgeted $ 32,991,664 State Funds Budgeted $ 32,991,664 4. Facilities and Equipment Budget: Motor Vehicle Equipment Purchases $ 2,372,471 Equipment Purchases $ 1,542,059 Capital Outlay $ 437,000 Total Funds Budgeted $ 4,351,530 State Funds Budgeted $ 3,800,000 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 $ 132,837 Regular Operating Expenses $ 71,639 Travel $ 15,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 15,000 Equipment Purchases $ 0 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 234,476 State Funds Budgeted $ 234,476 Total Positions Budgeted 8 7. Administration Budget: Personal Services $ 5,858,568 Regular Operating Expenses $ 2,608,581 Travel $ 323,678 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 424,475 Equipment Purchases $ 0 Per Diem and Fees $ 11,200 Computer Charges $ 1,389,863 Other Contractual Expense $ 165,200 Total Funds Budgeted $ 10,781,565 State Funds Budgeted $ 10,781,565 Total Positions Budgeted 353

Page 1473

Appropriation of 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 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.

Page 1474

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. 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 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.

Page 1475

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 $30,000,000 in principal amount to finance a new program for 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 the appropriation of $8,000,000 for the State of Georgia General Obligation Debt Sinking Fund for annual debt service requirements on General Obligation Debt to finance an amount not to exceed $100,000,000 in principal amount for a new program for advance construction of interstate highway systems. This appropriation shall be from funds other than the motor fuel tax. 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

Page 1476

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. Appropriations for the foregoing activities include an appropriation that shall be utilized for the specific purpose and amounts as shown below: Planning and Construction General Obligation Bond Debt Service for Advance Construction of the Interstate System $ 8,000,000 Geodetic Control $ 380,000 Maintenance and Betterments Resurfacing $ 12,000,000 This appropriation shall be accounted for separately from all other appropriations to the Department of Transportation, and shall be in addition to appropriations of an amount equivalent to motor fuel tax revenue required under Article VII, Section IX, Paragraph IV of the State Constitution. 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 cost-of-living adjustment contemplated in this Act, subject only to approval by the Office of Planning and Budget prior to the effective date of the pay increase authorized in Section 44. 8. Assistance to Municipalities Budget: Grants to Municipalities $ 9,317,000 Total Funds Budgeted $ 9,317,000 State Funds Budgeted $ 9,317,000

Page 1477

For grants to municipalities for Capital Outlay in accordance with an Act approved March 31, 1965 (Ga. Laws 1965, p. 458), as amended. 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 $ 307,040 Regular Operating Expenses $ 355,500 Travel $ 7,000 Motor Vehicle Equipment Purchases $ 38,000 Publications and Printing $ 500 Equipment Purchases $ 8,500 Per Diem and Fees $ 1,000 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 717,540 State Funds Budgeted $ 492,540 Total Positions Budgeted 18 10. Inter-Modal Transfer Facilities Budget: Personal Services $ 206,094 Regular Operating Expenses $ 22,449 Travel $ 20,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 15,700 Equipment Purchases $ 5,200 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 100,000 Capital Outlay $ 150,000 Mass Transit Grants $ 410,000 Total Funds Budgeted $ 929,443 State Funds Budgeted $ 929,443 Total Positions Budgeted 17 11. Harbor Maintenance Budget: Habor Maintenance Payments $ 430,000 Total Funds Budgeted $ 430,000 State Funds Budgeted $ 430,000 Budget Unit Object Classes: Personal Services $ 92,912,067 Regular Operating Expenses $ 28,660,380 Travel $ 2,698,928 Motor Vehicle Equipment Purchases $ 2,410,471 Publications and Printing $ 664,925 Equipment Purchases $ 1,695,959 Per Diem and Fees $ 12,200 Computer Charges $ 1,389,863 Other Contractual Expense $ 6,966,054 Capital Outlay $ 203,219,074 Mass Transit Grants $ 410,000 Grants to Municipalities $ 9,317,000 Habor Maintenance Payments $ 430,000 Grants to Counties $ 9,317,013 Authority Lease Rentals $ 27,408,889 State of Georgia General Obligation Debt Sinking Fund $ 13,582,775

Page 1479

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 a maximum of 12-1/2% 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 42. Department of Veterans Service. Section 42. Department of Veterans Service. Budget Unit: Department of Veterans Service $ 6,372,991 1. Veterans Assistance Budget: Personal Services $ 1,964,786 Regular Operating Expenses $ 151,800 Travel $ 65,800 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 22,000 Equipment Purchases $ 37,500 Per Diem and Fees $ 10,100 Computer Charges $ 385 Other Contractual Expense $ 0 Grants to Confederate Widows $ 21,152 Total Funds Budgeted $ 2,273,523 State Funds Budgeted $ 2,024,542 Total Positions Budgeted 180 2. Veterans Home and Nursing FacilityMilledgeville Budget: Operating Expenses/Payments to Central State Hospital $ 4,381,565 Other Contractual Expense $ 0 Total Funds Budgeted $ 4,381,565 State Funds Budgeted $ 2,995,295 3. Veterans Nursing HomeAugusta Budget: Operating Expense/Payments to Medical College of Georgia $ 1,737,454 Other Contractual Expense $ 0 Total Funds Budgeted $ 1,737,454 State Funds Budgeted $ 1,353,154 Budget Unit Object Classes: Personal Services $ 1,964,786 Regular Operating Expenses $ 151,800 Travel $ 65,800 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 22,000 Equipment Purchases $ 37,500 Per Diem and Fees $ 10,100 Computer Charges $ 385 Other Contractual Expense $ 0 Grants to Confederate Widows $ 21,152 Operating Expense/Payments to Central State Hospital $ 4,381,565 Operating Expense/Payments to Medical College of Georgia $ 1,737,454

Page 1481

Provided, that of the above appropriation, $29,520 is designated and committed to furnish and equip nine day rooms in the Cabiness Building at Central State Hospital. Section 43. Workmen's Compensation Board. Budget Unit: Workmen's Compensation Board $ 1,804,616 Departmental Operations Budget: Personal Services $ 1,473,370 Regular Operating Expenses $ 157,746 Travel $ 26,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 13,000 Equipment Purchases $ 15,000 Per Diem and Fees $ 9,000 Computer Charges $ 110,000 Other Contractual Expense $ 0 Total Funds Budgeted $ 1,804,616 State Funds Budgeted $ 1,804,616 Total Positions Budgeted 103 Budget Unit Object Classes: Personal Services $ 1,473,370 Regular Operating Expenses $ 157,746 Travel $ 26,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 13,000 Equipment Purchases $ 15,000 Per Diem and Fees $ 9,000 Computer Charges $ 110,000 Section 44A. In addition to all other appropriations for the fiscal year ending June 30, 1976, State funds are hereby

Page 1482

appropriated to the agencies designated hereinafter in the amounts listed for each such agency to fund a four percent (4%) salary increase, with a minimum of $400 and a maximum of $800, for State employees and certain county employees; seven percent (7%) salary increase for school-teachers; eight and eight-tenths percent (8.8%) salary increase for school bus drivers; five percent (5%) salary increase for Academic University System Personnel; and five percent (5%) salary increase, with a $400 minimum, for Nonacademic University System Personnel, all of the above to be effective September 1, 1975: Department of Audits $ 59,500 Department of Administrative Services $ 218,641 Department of Agriculture $ 338,157 Department of Banking and Finance $ 37,032 Department of Community Development $ 69,540 Office of Comptroller General $ 90,512 Department of Defense $ 36,669 Department of Education: a.) Employees $ 475,000 b.) Schoolteachers $ 29,972,562 c.) Bus Drivers $ 1,054,742 Forestry Commission $ 362,872 Forest Research Council $ 3,823 Georgia Bureau of Investigation $ 153,335 Office of the Governor $ 86,410 Department of Human Resources $ 9,341,310 Department of Labor $ 45,759 Department of Law $ 53,051 Department of Natural Resources $ 538,234 Department of Offender Rehabilitation $ 931,854 Department of Public Safety $ 621,625 Public Service Commission $ 55,610 Regents, University System of Georgia $ 11,510,000 Department of Revenue $ 422,186 Secretary of State $ 140,805 State Scholarship Commission $ 18,755 Soil and Water Conservation Committee $ 5,263 Department of Transportation $ 20,165 Department of Veterans Service $ 265,022 Workmen's Compensation Board $ 41,566

Page 1483

Section 44B. In addition to all other appropriations for the fiscal year ending June 30, 1976, there is hereby appropriated to the agencies designated hereinafter the amounts listed for each such agency for communications expense: Supreme Court $ 3,000 Court of Appeals $ 6,827 Department of Administrative Services: a.) Georgia Building Authority $ 4,476 b.) All Other $ 15,937 Department of Agriculture $ 26,227 Department of Audits $ 6,273 Department of Banking and Finance $ 1,388 Department of Community Development $ 22,812 Office of Comptroller General $ 14,288 Department of Defense $ 24,298 Department of Education $ 124,952 Office of the Governor $ 30,966 Forestry Commission $ 9,942 Georgia Motor Vehicle Commission $ 426 General Assembly $ 34,061 Department of Human Resources $ 369,814 Department of Labor $ 13,100 Department of Law $ 18,015 Department of Natural Resources $ 54,871 Department of Offender Rehabilitation $ 54,096 Department of Public Safety $ 107,499 Georgia Bureau of Investigation $ 15,758 Public Service Commission $ 11,985 Regents, University System of Georgia $ 916,822 Department of Revenue $ 75,228 State Scholarship Commission $ 1,389 Secretary of State $ 27,833 Department of Veterans Service $ 7,167 Workmen's Compensation Board $ 5,059

Page 1484

Section 45. For grants to counties for road construction and maintenance as provided in sections of House Bill 1 of the regular 1975 Session: Section 3 $ 20,000,000 Section 2 $ 15,000,000 Section 46. 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 as authorized by Act of Georgia General Assembly of 1947 (Ga. L. 1947, p. 1115), by virtue of the said wholesale distributor being engaged in retailing motor fuel. Section 47. 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, 1975, and for each and every fiscal year thereafter, until all payments

Page 1485

required under lease contracts have been paid in full, and if for any reason any of the sums herein provided under any other provision of this Act are insufficient in any year to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations. 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 48. 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 1975 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 of State funds, nor which would require operating funds or capital outlay funds beyond fiscal year 1976, 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

Page 1486

the Governor of expenditures as to objects, the Director of the Budget, except as to the Legislative and Judicial Branches of the Government, is authorized to allocate as to object such funds as he deems proper, but he shall not approve any operating budget containing any such allocation until such shall be submitted and approved in the same manner and under the same conditions provided hereinbefore for transfers. Section 49. 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. 1976 submitted to the 1975 Georgia General Assembly. Section 50. The Director of the Budget shall determine the appropriations contained in this Act to which the Federal Revenues 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 51. 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. 1976 $ 1,965,919,489.62. Section 52. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 53. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1975.

Page 1487

FOX THEATRE BUILDING RESOLUTION. No. 47 (Senate Resolution No. 100). A Resolution. Relative to the Fox Theater building; and for other purposes. Whereas, the Fox Theater building, located in the City of Atlanta, was constructed between 1927 and 1929 and opened to the public in that year as a movie palace and since that time has provided joy and inspiration to the thousands of people who have visited it; and Whereas, the Fox Theater building is one of the most outstanding architectural achievements of its kind in the United States, possessed of magnificent proportions, outstanding architectural detail and ornamentation, extraordinary organ, mechanical equipment, and acoustics; and Whereas, the Fox Theater building remains in sound structural condition and is adequate and adaptable to many cultural and commercial uses for the benefit of the people of Atlanta and Georgia; and Whereas, the Fox Theater building is considered by people everywhere to be a landmark of the City of Atlanta and one of the most glamorous buildings in the State of Georgia and has been placed on the National Register of Historic Places as a valuable architectural structure worthy of preservation for the benefit of this and future generations of citizens of our country; and Whereas, Mosque Incorporated, owner of the Fox Theater building, has accepted an option for purchase of the same by Southern Bell Telephone and Telegraph Company, and this structure will be destroyed unless some individual, group or governmental agency shall agree to purchase the same by May 1, 1975; and Whereas, two organizations, the Atlanta Landmark Society, Save the Fox Committee and Foxsave are now

Page 1488

actively engaged in the necessary plans to secure funds and acquire the Fox Theater building so that it may be saved from destruction and preserved for the benefit of other generations; and Whereas, due to economic conditions and other reasons, there is a grave possibility that plans and financing efforts to save the Fox Theater building cannot be completed before May 1, 1975, but that the same can be secured in the event a sufficient additional period of time can be arranged. Now, therefore, be it resolved by the General Assembly of Georgia that this body hereby expresses the fervent hope and sincere desire that the Fox Theater building be preserved from destruction and that the same be continued in existence for the benefit and enjoyment of this and future generations of Georgians. Be it further resolved that this body hereby respectfully requests the shareholders and officers of Mosque Incorporated and the management of Southern Bell Telephone and Telegraph Company to postpone the present May 1, 1975, deadline previously set for those interested in acquiring the Fox Theater building for purposes of preserving the same and to set a new date, which shall not be earlier than February 1, 1976, in order that sufficient time shall be provided to arrange the necessary planning and financing by those individuals, organizations or governmental agencies interested in the preservation and continued use of the Fox Theater building by this and future generations. Be it further resolved that the Secretary of the Senate is hereby authorized and directed to transmit appropriate copies of this Resolution to the officers of Mosque Incorporated and to the officers of Southern Bell Telephone and Telegraph Company. Approved April 25, 1975.

Page 1489

CONVEYANCE OF LAND TO BERRIEN COUNTY AUTHORIZED. No. 48 (Senate Resolution No. 109). 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 State Properties Commission; and Whereas, said real property consists of a tract of land lying and being in the County of Berrien, State of Georgia, and being more particularly described as follows: TRACT FOUR: All that tract or parcel of land situated, lying and being in lot of land No. 189 in the 10th land district of Berrien County, Georgia, and also located in the City of Nashville, Georgia, containing 1.48646 acres, more or less, and being more particularly described as follows: Beginning at a point on the West margin of the right-of-way of King Street at the junction of the North margin of the right-of-way of Hazel Street, and running thence North along the West margin of King Street right-of-way a distance of two hundred nineteen and sixty-two hundredth feet (219.62[UNK]) to an iron pin; thence in a westerly direction a distance of two hundred ninety-five and fifty-eight hundredth feet (295.58[UNK]) to an iron pin; thence in a southerly direction two hundred nineteen and sixty-two hundredth feet (219.62[UNK]) to an iron pin; thence in an easterly direction along the northern right-of-way margin of Hazel Street two hundred ninety-five and fifty-eight hundredth feet (295.58[UNK]) to the point of beginning., and Whereas, the above-described real property is no longer

Page 1490

needed by the State Properties Commission or the State of Georgia and is therefore surplus; and Whereas, Berrien County 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 tract of land subject to the following conditions. (1) that the said tract of land may be conveyed to the governing authority of Berrien County; and (2) that the conveyance of said tract of land shall be approved by the State Properties Commission; and (3) that the conveyance of said tract of land shall be for consideration as determined by the State Properties Commission and in the determination of said consideration for the conveyance of said tract of land the State Properties Commission may consider the benefit to the public of the proposed public use of said tract of land in lieu of any other method of determining the consideration; (4) that the conveyance of said tract of land shall be upon such terms and conditions as may be mutually agreed upon by the governing authority of Berrien County and the State Properties Commission. Approved April 25, 1975. PUBLIC SCHOOL EMPLOYEES' RETIREMENT SYSTEM ACT AMENDED. No. 707 (House Bill No. 182). 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,

Page 1491

1971 (Ga. L. 1971, p. 416), an Act approved April 14, 1971 (Ga. L. 1971, p. 917), an Act approved April 18, 1973 (Ga. L. 1973, p. 1197), and an Act approved March 28, 1974 (Ga. L. 1974, p. 1242), so as to make certain persons members of the retirement system and to allow such persons to establish prior service credits under the retirement system; to provide for a procedure for establishing such prior service credits; to provide for 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), an Act approved April 18, 1973 (Ga. L. 1973, p. 1197), and an Act approved March 28, 1974 (Ga. L. 1974, p. 1242), is hereby amended by adding at the end of section 5 a new subsection, to be designated subsection (g), to read as follows: (g) Any provision of this Act to the contrary notwithstanding, any person who was 60 years of age or older on January 1, 1975, who on January 1, 1970, had at least 14 years of service as a public school employee and who becomes employed as a public school employee at any time during the period beginning with the effective date of this subsection and ending July 1, 1975, 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. Within 30 days after the effective date of this subsection, the Board shall inform all public school systems in the State of the provisions of this subsection. Section 2. This Act shall become effective whenever the General Assembly appropriates the necessary funds to implement the provisions of this Act. Effective date.

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Section 3 , All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1975. CONVEYANCE OF LAND IN BERRIEN COUNTY AUTHORIZED. No. 49 (Senate Resolution No. 110). A Resolution. To amend a Resolution authorizing the conveyance of certain real property located in Berrien County, Georgia, approved March 19, 1974 (Ga. L. 1974, p. 332), so as to change the land description of such property; to repeal conflicting laws; and for other purposes. Whereas, a Resolution authorizing the conveyance of certain real property located in Berrien County, Georgia, approved March 19, 1974 (Ga. L. 1974, p. 332), contained an error in the land description of the property. Now, therefore, be it resolved by the General Assembly of Georgia that the 1974 Resolution conveying said real property located in Berrien County, Georgia, is hereby amended by striking therefrom the following language: 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 Eighty-seven (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

Page 1493

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., and inserting in lieu thereof the following: 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 Eighty-seven (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 244.58 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. Be it further resolved that all laws and parts of laws in conflict with this Resolution are hereby repealed. Approved April 25, 1975.

Page 1494

EMPLOYEES' RETIREMENT SYSTEM AMENDEDGEORGIA FEDERAL-STATE SHIPPING POINT INSPECTION SERVICE EMPLOYEES INCLUDED, ETC. No. 708 (House Bill No. 236). 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 authorize employees of the Georgia Federal-State Shipping Point Inspection Service to become members of the Employees' Retirement System of Georgia; to declare said Georgia Federal-State Shipping Point Inspection Service an adjunct of the Georgia Department of Agriculture; to provide for the establishment of a merit system; to provide for the payment of funds into the Retirement System; to provide for service credit; to provide conditions for the inclusion of employees of the Inspection Service as members; to change the powers of the Board of Trustees of the Employees' Retirement System of Georgia; to specify 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 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 section at the end thereof, to read as follows: The Georgia Federal-State Shipping Point Inspection Service is declared to be an adjunct of the Georgia Department of Agriculture, such Inspection Service assisting in the agricultural products inspection duties of the Georgia Department of Agriculture. All employees of the Georgia Federal-State Shipping Point Inspection Service shall be subject to a merit system of personnel administration established by the cooperating agencies which are parties to a cooperative agreement between the Consumer and Marketing Service of the United States Department of Agriculture and the Georgia Department of Agriculture, pursuant to which said employees are employed. All employees shall

Page 1495

perform services on the basis of merit, fitness and efficiency. The establishment of this merit system prior to the effective date of this Act shall be a prerequisite to coverage of the Inspection Service under the provisions of the Retirement System. (1) Any person employed by the Georgia Federal-State Shipping Point Inspection Service on the effective date of this Act is hereby authorized to become and be a member of Division `A' of the Employees' Retirement System of Georgia, as established in accordance with the provisions of the Act approved February 3, 1949 (Ga. L. 1949, p. 138), as amended. Any person first employed by, or entering into the employ again of, the Georgia Federal-State Shipping Point Inspection Service after the effective date of this Act shall, as a condition of employment, become a member of Division `A' of the System, as established in accordance with the provisions of the Act approved February 3, 1949 (Ga. L. 1949, p. 138), as amended. In order to become or be required to be a member of the System, an employee of the Georgia Federal-State Shipping Point Inspection Service must be employed in Georgia in a position normally requiring actual performance of duty during not less than nine months of the year. (2) The Georgia Department of Agriculture shall be responsible for making certain that the administrative officials of the Georgia Federal-State Shipping Point Inspection Service shall deduct or collect from each member the employee's contributions required by the provisions of the Employees' Retirement System Act and remit same to the System as by law or regulations required, and the Commissioner of the Georgia Department of Agriculture is hereby authorized and directed to pay from the funds appropriated for the operation of the Georgia Department of Agriculture the employer contributions required by the Employees' Retirement Systems Act, or regulations promulgated pursuant thereto, and such employer contributions shall be paid by the Commissioner upon receipt of an invoice from the Employees' Retirement System. (3) Any person becoming a member of the Retirement System pursuant to the provisions of this section, upon

Page 1496

certified proof of previous service with the Georgia Federal-State Shipping Point Inspection Service, shall be eligible to receive credit for such previous service, up to five (5) years, by paying the regular employer and employee contributions, including accrued interest, that would have accumulated during such period of employment. In the computation of such contributions and interest, the compensation of such member shall be deemed to have been the same as the compensation such member received on the date of first becoming a member. This option shall be available to said members only after they have worked for the Inspection Service for one full year following the effective date of this Act and must be exercised, if at all, within one year after the time any such member becomes eligible to elect such option. (4) The Board of Trustees is hereby authorized and empowered to promulgate all necessary rules and regulations for the implementation of the provisions of this subsection, including, but not limited to, regulations and rules dealing with any required reports of employment and remission of contributions by the administrative officials of the Inspection Service, and the method of certified proof of previous service with the Inspection Service. Section 2. This Act shall become effective on July 1, 1975. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1975. FREEPORT TAX STUDY COMMITTEE CREATED. No. 50 (Senate Resolution No. 139). A Resolution. Creating the Freeport Tax Study Committee; and for other purposes. Whereas, House Bill 866 was introduced during the 1975 Session of the General Assembly to provide a phased program

Page 1497

whereby a Georgia State income tax credit will be established for ad valorem tangible property taxes paid at the political subdivision level on in-transit inventory by certain industries; and Whereas, the provisions of this bill, if enacted by General Assembly, will enable goods moving in interstate commerce through or over the territory of this State and destined for shipment outside this State to qualify for a Georgia income tax credit; and Whereas, the provisions of this bill, if enacted by the General Assembly, will also reduce unemployment and broaden the tax base of political subdivisions. Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created the Freeport Tax Study Committee to be composed of five members of the Senate who shall be appointed by the President of the Senate and five members of the House of Representatives who shall be appointed by the Speaker of the House of Representatives. The Committee shall study House Bill 866 and review the laws of other states relating to intransit inventory taxation. The Committee is further authorized to conduct meetings at such places and at such times as it considers expedient and to do all other things consistent with this Resolution which are necessary or convenient to enable it to fully and adequately exercise its powers, perform its duties and accomplish the objectives and purposes of this Resolution. The Department of Community Development is authorized to furnish such assistance to the Committee as the Committee deems appropriate, and the Department is further authorized to employ consultants to assist the Committee. Each member of the Committee shall receive for his services on the Committee the expenses and allowances authorized by law for members of interim legislative committees. The funds necessary to carry out the provisions of this Resolution shall come from funds appropriated or otherwise available to the Legislative Branch of Government. The Committee shall make a report of its findings and recommendations, with additional suggestions for proposed legislation, if

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any, to the 1976 Session of the General Assembly on or before December 31, 1975, at which time the Committee shall stand abolished. Approved April 25, 1975. BLUE LAWS STUDY COMMITTEE CREATED. No. 51 (Senate Resolution No. 140). A Resolution. Creating the Blue Laws Study Committee; and for other purposes. Whereas, during its 1974 session, the General Assembly enacted the Common Day of Rest Act of 1974; and Whereas, the purpose of that Act was to promote the health, recreation, welfare, repose and religious liberty of each individual of this State; and Whereas, the Supreme Court of Georgia has recently held that Act unconstitutional; and Whereas, there is a need to consider what the law of Georgia should be in this important area. Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created the Blue Laws Study Committee to be composed of three members of the Senate appointed by the President of the Senate and three members of the House of Representatives appointed by the Speaker of the House. The President of the Senate and the Speaker of the House shall each appoint a cochairman of the Committee. Be it further resolved that each member of the Committee shall receive the expenses and allowances provided by law for legislative members of interim legislative committees but shall receive the same for not more than 10 days

Page 1499

unless additional days are authorized by the President of the Senate and the Speaker of the House. The funds necessary to carry out the provisions of this resolution shall come from funds appropriated to or available to the legislative branch of government. The Committee shall make a report of its findings and recommendations on or before January 12, 1976, on which date the Committee shall stand abolished. Approved April 25, 1975. EMPLOYEES' RETIREMENT SYSTEM ACT AMENDEDCERTAIN DISABILITIES OF NATURAL RESOURCES LAW ENFORCEMENT PERSONNEL INCLUDED. No. 709 (House Bill No. 260). An Act to amend an Act establishing the State Employees Retirement System, approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, particularly by an Act approved April 10, 1971 (Ga. L. 1971, p. 685), so as to entitle Department of Natural Resources Law Enforcement personnel to certain payments for a disability due to an act of external violence or injury incurred in line of duty; to provide an effective date; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing the State Employees Retirement System, approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, particularly by an Act approved April 10, 1971 (Ga. L. 1971, p. 685), is hereby amended by adding the following clause to the second and third subparagraphs of paragraph (b) of subsection (3) of section five: , Department of Natural Resources Law Enforcement personnel, and is further amended by adding the following clause to the

Page 1500

second and third subparagraphs of paragraph (b) of subsection (3) of section Five: Alcohol and Tobacco officer or agent of the Department of Revenue so that when amended said paragraph shall read as follows: Provided, however, that any member of the Uniform Division of the Department of Public Safety, Department of Natural Resources Law Enforcement personnel, any officer or agent of the Georgia Bureau of Investigation, and Alcohol and Tobacco officer or agent of the Department of Revenue who as a contributing member of this system and who, upon becoming permanently disabled due to an act of external violence or injury incurred in line of duty, becomes eligible for disability retirement allowances, shall, after a medical examination and upon certification by the medical board that such member is, in their opinion, permanently disabled, be entitled to a monthly allowance as computed on the member's life expectancy without option and such monthly allowance as shall be payable to the member only, during his life or length of disability, shall not exceed 80 per cent of the service allowance that would have been payable to the member had he accumulated not more than 30 years of creditable service and had retired at age 65. Such allowance shall be computed on the basis of the member's monthly earnable compensation for the month in which his permanent disability occurred: Provided, further such permanent disability retirement shall apply regardless of the length of service of any such member, and, further, such member shall be deemed to have acquired 30 or more years of creditable service. In addition, a member so disabled in the line of duty, shall receive a monthly supplemental benefit which shall be in the amount of $5 per month for each year of creditable service as a member of the Uniform Division of the Department of Public Safety, Department of Natural Resources Law Enforcement personnel, and Alcohol and Tobacco officer or agent of the Department of Revenue, or as an officer or agent of the Georgia Bureau of Investigation. Such additional

Page 1501

monthly supplemental benefit shall in no event exceed $150 per month. In lieu of the foregoing, any member so disabled in the line of duty shall be entitled to receive a minimum monthly disability retirement benefit equal to 2 per cent of his monthly earnable compensation for the month in which his permanent disability occurred for each year of creditable service determined as though he had continued in service in the Uniform Division of the Department of Public Safety, Department of Natural Resources Law Enforcement personnel, and Alcohol and Tobacco officer or agent of the Department of Revenue, or as an officer or agent of the Georgia Bureau of Investigation until his mandatory retirement age. Section 2. This Act shall become effective April 1, 1975. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1975. CONVEYANCE OF LAND TO GRADY COUNTY AUTHORIZED. No. 52 (Senate Resolution No. 144). A Resolution. Authorizing the coneyance of certain real property located in Lee and Dougherty Counties, Georgia, and the lease of certain real property located in Grady County, Georgia; and for other purposes. Whereas, the State of Georgia is the owner of certain real property known as Chehaw State Park located in Lee and Dougherty Counties, Georgia, which is presently under the control and jurisdiction of the Department of Natural Resources, Parks and Historic Sites Division; and

Page 1502

Whereas, said real property is all those tracts or parcels of land lying and being in Lee and Dougherty Counties, Georgia, and more particularly described as follows: Tract 1: All that tract or parcel of land lying and being in Lee and Dougherty Counties, Georgia, and known and described as a part of the Ball Place, beginning at a point on the West line of Land Lot No. 299, where said line is intersected by the Albany-Philema Road; thence run in a Northeasterly direction along said Albany-Philema Road a distance of 8200 feet; thence run in a Northwesterly direction at right angles to said center line of said road 4800 feet, more or less, to Muckalee Creek; thence following the meanders of said creek in a Southwesterly direction to the North line of Land Lot 1, First District Lee County, Georgia; thence in a Westerly direction to the West line of said Land Lot; thence South to point of beginning. Said tract containing parts of Lots 34, 35, 36, 2, and all of fractional Lot 1, First District, Lee County, Georgia, and parts of Lots 297, 298, and 299, First District, Dougherty County, Georgia. Said above described tract lying in one body, and containing 600 acres, more or less. Also all that part of Land Lot 328, First District, Dougerty County, Georgia, lying between the East line of said Land Lot 328 and the low water line of Muckalee Creek, and being part of Subdivision `E', Nelson Place. Tract 2: Starting at the intersection of the South Boundary of the Philema Road and the East Boundary of Lakeshore Drive Alley projected north run N 70 degrees 58[UNK] E 233.39[UNK] along the South Boundary of the Philema Road to the point of beginning; thence S 11 degrees 18[UNK] E for 184.5[UNK]; thence S 6 degrees 58[UNK] E for 134.2[UNK]; thence S 4 degrees 6[UNK] W 384.0[UNK]; thence S 85 degrees 54[UNK] E for 240.0[UNK]; thence N 29 degrees 16[UNK] E for 465[UNK] more or less to the low water line of the Muckafoonee Creek; thence in a northwesterly direction along the low water line of the Muckafoonee Creek to the South Right-of-Way of the Philema Road; thence S 70 degrees 58[UNK] W along the South Right-of-Way of the Philema Road for 48[UNK] more or less to the point of beginning. Said tract containing approximately 4.5 acres being a part of the

Page 1503

Lakeside Sub-division as recorded in Plat Book 1, Page 91, of the office of the Clerk of the Superior Court, Dougherty County, Georgia. Said property being a portion of Land Lot Number 327 in the First Land District of Dougherty County, Georgia, and described with particularity on a plat designated Exhibit `A', and by reference made a part hereof. Less State of Georgia (Grantor) to City of Albany (Grantee): Beginning at the northwest corner of Land Lot Number 299 of the First Land District; thence in a southerly direction along the west line of Land Lot 299 six hundred sixty feet (660) more or less to a point where said west line intersects the northwest right-of-way line of the Albany-Philema Road; thence along the northwest right-of-way line of the Albany-Philema Road North fifty-two (52) degrees East and North forty-nine (49) degrees East one thousand eighty (1080) feet more or less to a point where said right-of-way line and the North line of Land Lot 299 intersect; thence in a westerly direction along the North line of Land Lot 299 eight hundred (800) feet more or less to the northwest corner of Land Lot 299 and point of beginning. Said tract or parcel of land containing six (6.0) acres more or less, including part of the Georgia Power Company Reservoir, being that portion of Land Lot 299, First Land District of Dougherty County, lying North and West of the Albany-Philema Road. This conveyance being subject to all previous easements, deeds, or rights held by Georgia Power Company over that portion of this tract covered by the Power Company Reservoir. Said tract hereinbefore described being part of the tract conveyed by the City of Albany, a Municipal Corporation, of the County of Dougherty and the State of Georgia, to the State of Georgia on May 12, 1937, said conveyance being recorded in Deed Book 76, Folio 278 of Dougherty County Records, with plat recorded in Plat Book 1, page 151 of Dougherty County Records. Subject to Lease AgreementState Properties Commission

Page 1504

and City of Albany for 99.414 acres tract of land (a part of Chehav State Park).; Whereas, the Board of Natural Resources, by a Resolution dated February 27, 1975, has indicated that the above described real property is no longer needed by the Department of Natural Resources, Parks and Historic Sites Division and is therefore surplus; and Whereas, the City of Albany, Georgia, needs and desires said real property for public recreation purposes; and Whereas, the State of Georgia is currently the owner of two tracts of land located in the City of Cairo, Grady County, Georgia, which is currently under the control and jurisdiction of the Commissioner of Agriculture and the Georgia Department of Agriculture; and Whereas, said tracts of land are more particularly described as follows: 1. Approximately one acre of land abutting the north right-of-way margin of 11th Avenue northeast in the City of Cairo for 270 feet and extending north 161 feet; and 2. Approximately 1.9 acres of land abutting the east margin of Market Street and the south right-of-way margin of 11th Avenue northeast in the City of Cairo and extending south to county property now housing the ASC offices.; and Whereas, said tracts of land are not currently needed by the Department of Agriculture or the State of Georgia and are, therefore, surplus; and Whereas, Grady County is in need of adequate facilities to update and modernize the local offices of the University of Georgia Extension Service and to provide adequate parking facilities.

Page 1505

Now, therefore, be it resolved by the General Assembly of Georgia that the control and jurisdiction over said tracts of land hereinabove described and located in Lee and Dougherty Counties, Georgia, are hereby transferred to the State Properties Commission or the Governor and said Commission, or the Governor, whichever the case may be, is hereby authorized to convey said tracts or parcels of land subject to the following conditions: (1) That said tracts or parcels of land shall be conveyed to the City of Albany, Georgia. (2) The following items shall be transferred along with the real property hereinabove described: a. one hundred and four concrete picnic tables b. forty-four wood picnic tables c. forty-four grills d. playground equipment e. boat docks f. fishing docks g. one concession building h. one family/group shelter i. seven picnic shelters j. one assembly shelter k. two comfort stations l. two rest stations m. one miniature golf course n. one maintenance building o. one ranger residence p. one superintendent residence q. one other residence No desks, chairs, file cabinets, adding machines, typewriters, trucks, mowers, hand tools, or personal property of any king shall be transferred. (3) That the consideration for said conveyance shall be Ten Dollars ($10.00). (4) That the said tracts or parcels of land and facilities shall be used only for public recreational or other

Page 1506

nonprofit purposes and uses and said tracts or parcels of land shall be conveyed with covenants requiring such use. Be it further resolved by the General Assembly of Georgia that the Commissioner of Agriculture, acting for and on behalf of the State of Georgia, is hereby authorized to lease said tracts of land hereinabove described and located in Grady County, Georgia, to Grady County subject to the following conditions: (1) That the consideration for said lease shall be as agreed upon by the Commissioner of Agriculture and the governing authority of Grady County. (2) That said tracts of land leased to Grady County be used by Grady County. (3) That the terms and conditions of any lease agreement executed pursuant to the authority of this resolution shall be as agreed upon by the Commissioner of Agriculture and the governing authority of Grady County. Approved April 25, 1975. SUPERIOR COURTSECRETARIESCLASSIFIED, ETC. No. 710 (House Bill No.268). An Act to amend an Act fixing the salaries of the judges of the superior courts, approved March 7, 1957 (Ga. L. 1957, p. 273), as amended, particularly by an Act approved March 30, 1972 (Ga. L. 1972, p. 617), so as to provide that certain secretaries employed by judges of the superior courts and district attorneys under the provisions of said Act shall be employees of the judicial branch of State government and shall be in the unclassified service of the State Merit System of Personnel Administration; to change the compensation provisions relating to such secretaries; to provide for the reimbursement of certain counties for amounts paid as compensation to certain secretaries;

Page 1507

to provide for elections; to provide for consent; to provide for notices; to provide for procedures; to provide for supplements; to provide that, in addition to salaries, any employer's contribution required by the Act of Congress approved August 14, 1935, 49 Stat. 620, known as the Social Security Act, as the same may now or hereafter be amended, or by any regulations or requirements issued pursuant thereto, shall also be paid from funds appropriated or otherwise made available for the operation of the superior courts; to amend an Act establishing the Employees Retirement System of Georgia, approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, so as to provide that certain secretaries employed by judges of the superior courts and district attorneys shall be members of the Employees Retirement System of Georgia; to provide for certain credits for certain secretaries; to provide for the payment of contributions required by the Act creating the Employees Retirement System of Georgia; to amend an Act relating to a health insurance plan for State employees, approved March 16, 1961 (Ga. L. 1961, p. 147), so as to provide that certain secretaries employed by judges of the superior courts and district attorneys shall be included within the definition of the term employee as used in 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 fixing the salaries of the judges of the superior courts, approved March 7, 1957 (Ga. L. 1957, p. 273), as amended, particularly by an Act approved March 30, 1972 (Ga. L. 1972,p.617), is hereby amended by striking section 1B in its entirety and inserting in lieu thereof a new section 1B, to read as follows: Section 1B. Each superior court judge is hereby authorized to employ a secretary. Each secretary so employed shall be an employee of the judicial branch of State government and shall be in the unclassified service of the State Merit System of Personnel Administration. Said secretary shall be compensated in an amount to be set by the superior

Page 1508

court judge commensurate with industry salaries in the community for similar work. An amount not to exceed $7,200.00 per annum for the salary of the secretary as herein provided and fixed shall be paid in equal monthly installments from State funds appropriated or otherwise made available for the operation of the superior courts. Secretaries employed hereunder shall possess such qualifications as shall be determined by the judge employing said secretary and shall serve at the pleasure of said judge. Said secretary shall perform such duties and services as shall be prescribed by the Judge. In addition to the salary paid as herein prescribed, any employer's contribution required by the Act of Congress, approved August 14, 1935, 49 Stat. 620, known as the `Social Security Act', as the same may now or hereafter be amended, or by any regulations or requirements issued pursuant thereto, shall also be paid from funds appropriated or otherwise made available for the operation of the superior courts. Section 2. Said Act is further amended by striking section 1C in its entirety and inserting in lieu thereof a new section 1C, to read as follows: Section 1C. Each district attorney is hereby authorized to employ a secretary. Each secretary so employed shall be an employee of the judicial branch of State government and shall be in the unclassified service of the State Merit System of Personnel Administration. Said secretary shall be compensated in an amount to be set by the district attorney commensurate with industry salaries in the community for similar work. An amount not to exceed $7,200.00 per annum for the salary of the secretary as herein provided and fixed shall be paid in equal monthly installments from State funds appropriated or otherwise made available for the operation of the superior courts. Secretaries employed hereunder shall possess such qualifications as shall be determined by the district attorney employing said secretary and shall serve at the pleasure of said district attorney. Said secretary shall perform such duties and services as shall be prescribed by the district attorney. In addition to the salary paid as herein prescribed, any employer's contribution required by the Act of Congress, approved August 14, 1935 49 Stat. 620, known as the `Social Security Act', as the same may now or

Page 1509

hereafter be amended, or by any regulations or requirements issued pursuant thereto, shall also be paid from funds appropriated or otherwise made available for the operation of the superior counts. Section 3. Said Act is further amended by adding, following section 1C, a new section 1D, to read as follows: Section 1D. In lieu of hiring a secretary under the provisions of section 1B or 1C of this Act, each superior court judge and district attorney, with the written consent of the governing authority of any county or counties within his judicial circuit, may employ a secretary, who shall be an employee of the county which pays the compensation of such secretary and in which the governing authority has given its consent to compensate such secretary. Upon employing such secretary, it shall be the duty of the judge or district attorney to notify the Director of the Fiscal Division of the Department of Administrative Services of such fact and the amount of the compensation to be paid to such secretary. It shall be the further duty of such judge or district attorney to notify the Director of any change in the status or compensation of such secretary. The Director of the Fiscal Division of the Department of Administrative Services shall reimburse the county or counties paying such compensation, from funds appropriated or otherwise available for the operation of the superior courts, for the compensation paid to such secretary plus any employer contribution paid for such secretary under the Act of Congress, approved August 14, 1935, 49 Stat. 620, known as the `Social Security Act', as the same may now or hereafter be amended, but such payments shall not exceed the maximum amount payable directly to or for a secretary under the provisions of section 1B or section 1C of this Act. Section 4. Said Act is further amended by adding, following section 1D, a new section 1E, to read as follows: Section 1E. Any provision of law to the contrary notwithstanding, each county within this State is hereby authorized to supplement the compensation of any secretary employed by any judge of the superior court or district attorney,

Page 1510

including those secretaries employed by or paid from the funds of the State. Section 5. 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 at the end of section 3 a new subsection (16), to read as follows: (16) Each secretary employed by a judge of the superior court or a district attorney under the provisions of an Act fixing the salaries of the judges of the superior courts, approved March 7, 1957 (Ga. L. 1957, p. 273), as the same may now or hereafter be amended, and particularly as amended by an Act approved March 30, 1972 (Ga. L. 1972, p. 617), shall be a member of the Employees Retirement System of Georgia, as established by this Act, with a commencement date of July 1, 1975. Any such secretary who is already a member of the Employees Retirement System by virtue of service with a State department shall be entitled to credit for her total service covered under the System. All contributions required by this Act shall be paid from funds appropriated or otherwise available for the operation of the superior courts, and all such payments shall be in addition to the regular compensation provided by law for such secretaries. Section 6. 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 striking section 1 in its entirety and substituting in lieu thereof the following: Section 1. For the purposes of this Act, an employee is defined as a person who works full-time for the State and receives his compensation in a direct payment from a department, agency, or institution of the State government, and annuitants who at the time of their retirement met these criteria and draw a monthly benefit from the Employees Retirement System of Georgia or who is appointed to an emeritus position under the laws of the State of Georgia. The term `employee' shall also include members of

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the General Assembly, the administrative and clerical personnel of the General Assembly and the district attorneys of the superior courts of Georgia. The term `employee' shall also include secretaries employed by judges of the superior courts and district attorneys under the provisions of an Act fixing the salaries of the judges of the superior courts, approved March 7, 1957 (Ga. L. 1957, p. 273), as the same may now or hereafter be amended, and particularly as amended by an Act approved March 30, 1972 (Ga. L. 1972, p. 617). Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1975. CONVEYANCE OF LAND TO CITY OF MILLEN AUTHORIZED. No. 55 (Senate Resolution No. 151). A Resolution. Authorizing the conveyance of certain real property located in Jenkins County, Georgia; and for other purposes. Whereas, the State of Georgia is the owner of certain real property known as Lincoln State Park located in Jenkins County, Georgia, which is currently under the control and jurisdiction of the Department of Natural Resources, Parks and Historic Sites Division; and Whereas, said real property is all that tract or parcel of land lying and being in the County of Jenkins, State of Georgia, and more particularly described as follows: Beginning at a point where the run of Buckhead Creek intersects the northern right-of-way line of the Central of Georgia Railroad; thence north 32 degrees 59 minutes east 1601.4 feet to a concrete marker located at the inter-section of the preceding line with the southern right-of-way

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boundary line of Georgia State Highway Route No. 17; thence along said southern right-of-way boundary north 88 degrees 0 minutes east 39.0 feet to a concrete right-of-way marker; thence along said southern right-of-way boundary north 89 degrees 24 minutes east 581.0 feet to a concrete marker; thence south 194.8 to a concrete marker; thence east 125.0 feet to a concrete marker; thence south 350.0 feet to a concrete marker; thence west 260.0 feet to a concrete marker; thence south 165.0 feet to a concrete marker; thence east 650 feet to a concrete marker; thence 395.2 feet to a concrete marker located at the intersection of this line with the northern right-of-way line of the Central of Georgia Railroad; thence south 75 degrees 17 minutes west 1834 feet, more or less, to the intersection of the run of Buckhead Creek with the northern right-of-way line of the Central of Georgia Railroad and the point of beginning; and being the same property as that described in deeds recorded in Deed Book `P-P,' pages 547-548, Jenkins County, Georgia, records. All that certain tract or parcel of land lying and being in the 1635th District G. M. of Jenkins County, Georgia, containing seventeen and one-tenth (17.1) acres, more or less, and being more particularly described as follows: Beginning at a point where the center line of Buckhead Creek intersects the northern right-of-way line of the Central of Georgia Railroad; thence along the run of Buckhead Creek in a northwesterly direction approximately 1425 feet to the intersection of said run with the Southern right-of-way line of Georgia State Highway Route No. 17; thence along the said right-of-way line for four courses, as follows: North 84 degrees 45 minutes east 340 feet to a right-of-way marker; thence north 5 degrees 15 minutes west 50 feet to a right-of-way marker; thence north 84 degrees 45 minutes east 147.0 feet to a right-of-way marker; thence along the arc of a curve on the right-of-way line north 88 degrees 0 minutes east 651.0 feet to a concrete marker; thence south 32 degrees 59 minutes west 1601.4 feet to the intersection of the run of Buckhead Creek with the northern right-of-way line of the Central of Georgia Railroad and the point of begining;

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and being the same property as that described in deeds recorded in Deed Book `P-P,' pp. 546-547, Jenkins County, Georgia, records. All said property surveyed by Frank J. Ford, Surveyor, dated June 20, 1955, together with the additions by John M. Mann, Surveyor, dated June 21, 1955, and is recorded in Plat Book No. 4, Folio 70.; and Whereas, the Board of Natural Resources by a Resolution dated February 27, 1975, has indicated that the above described real property is no longer needed by the Department of Natural Resources, Parks and Historic Sites Division, and is, therefore, surplus; and Whereas, the City of Millen needs and desires said property for public recreational purposes. 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 Commission and the State Properties Commission is hereby authorized to convey said 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 Millen. (2) That the following items shall be transferred along with the real property hereinabove described: a. one residence b. one comfort station c. one concession building d. one maintenance building e. two picnic shelters f. one pool and bath house g. one wellhouse h. one well with pump i. twenty-five picnic tables j. playground equipment k. ten grills

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No desks, chairs, file cabinets, adding machines, type-writers, trucks, mowers, hand tools, or personal property shall be transferred. (3) That the consideration for said conveyance shall be mutually agreed upon by the governing authority of the City of Millen and the State Properties Commission. (4) That the said tract or parcel of land shall be used only for public recreational or other nonprofit purposes and uses, and in the event that this park is abandoned for these uses, it shall revert to the State. Be it further resolved that the State Properties Commission, acting for and on behalf of the State of Georgia, be and it 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. Approved April 25, 1975. DISTRESS WARRANTSNEW SECTIONS PROVIDED. Code Chapter 61-4 Amended. No. 714 (House Bill No. 568). An Act to repeal Chapter 61-4 of the Code, consisting of sections 61-401 through 61-407 relating to distress warrants; to establish a new Chapter 61-4 of the Code relating to distress warrants; to provide that landlords shall have power to distrain for rents; to provide a procedure for distress warrant applications; to provide for the issuance of distress warrant summons; to provide for service of such summons; to establish a procedure for answer to summons and trial of the issues; to provide for payment of rent into court during pendency of distress warrant proceedings; to require tenants to retain possession of goods and property during pendency of distress warrant proceedings; to provide for payments of rent from the

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court during such proceedings; to provide for judgment and satisfaction upon determination of the issues; to provide for an appeal from such judgments; to provide payment of rent as a defense to distress warrant proceedings; to provide for a grant of distress warrants; to provide for execution and levy of distress warrant upon goods and property; to establish lien of landlord; to establish priorities of lien of landlord; to provide for a forthcoming bond; to provide for interposition and trial of claims of third persons; 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 61-4, relating to distress warrants and consisting of sections 61-401 through 61-407, is hereby stricken and repealed in its entirety. Section 2. Code Title 61, relating to landlord and tenant, is hereby amended by inserting therein a new Code Chapter to be known as Code Chapter 61-4, to read as follows: CHAPTER 61-4 DISTRESS WARRANTS 61-401. Power of landlord to distrain for rent. 61-402. Application for distress warrant. 61-403. Summons to be served on defendant. 61-404. Answer and trial. 61-405. Payment of rent into court; tenant to retain possession of property. 61-406. Judgment and satisfaction. 61-407. Appeal.

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61-408. Offer of payment by tenant. 61-409. Execution and levy. 61-410. Lien of landlord to attach from time of affidavit; priorities. 61-411. Bond. 61-412. Claims by third persons, how interposed and tried. 61-401. Power of Landlord to Distrain for Rent. The landlord shall have power to distrain for rent as soon as the same is due if the tenant is seeking to remove his goods from the premises. 61-402. Application for Distress Warrant. When rent is due or the tenant is seeking to remove goods, the landlord, his agent, attorney in fact or attorney at law may, upon statement of the facts under oath, apply for a distress warrant before the judge of the Superior Court, State Court, Civil Court or Small Claims Courts, or any justice of the peace within the county where the tenant may reside or where his property may be found. 61-403. Summons to be Served on Defendant. When the affidavit provided for in section 61-402 shall be made, the judge of the Superior Court, State Court or Civil Court before whom it was made shall grant and issue a summons to the marshal, sheriff or his deputy of the county where the tenant resides or his property may be found, a copy of which summons, together with a copy of the affidavit, shall be personally served upon the defendant. If the sheriff is unable to serve the defendant personally, service may be given by delivering said summons and affidavit to any person sui juris residing on the premises. The summons served on the defendant pursuant hereto shall command and require the tenant to appear at a hearing on a day certain not less than five nor more than twenty days from the date of actual service. 61-404. Answer and Trial. Act or before the time of the

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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 upon the affidavit. The answer may contain any legal or equitable defense, or counterclaim. If the tenant fails to answer, the court shall grant a distress warrant, and the plaintiff shall be entitled to a verdict and judgment by default for all rents due, in open court or chambers, as if every item and paragraph of the affidavit provided for in section 61-402 were supported by proper evidence without the intervention of a jury. If the tenant answers, a trial of the issue shall be had in accordance with the procedure prescribed for civil action in courts of record. 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 premises and his property pending the final outcome of the litigation; provided, however, that the tenant complies with the provisions of section 61-405. 61-405. Payment of Rent into Court; Tenant to Retain Possession of Property. In any case, the tenant shall comply with the following provisions: (a) At the time the tenant answers, the tenant shall pay into the registry of the trial court all rent admittedly owed prior to the issuance of the summons; provided, however, that in lieu of such payment the tenant shall be allowed to submit to the court a receipt indicating that payment has been made to the landlord. In the event that the amount of rent is in controversy, the court shall determine the amount of rent to be paid into court in the same manner as expressed in subsection (b) of this section. (b) Thereafter, the tenant shall pay into the registry of the trial court all rent which becomes due after the issuance of the summons as said rent becomes due. If the landlord and tenant disagree as to the amount of rent, the parties, or one of them, may submit to the court any written rental contract for the purpose of establishing the amount of the rent to be paid into the registry of the court. If the amount

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of rent is in controversy and no written rental agreement exists between the tenant and landlord, the court shall require as the amount of rent a sum equal to the last previous rental payment made by the tenant and accepted by the landlord without written objection. (c) If the landlord is also seeking a dispossessory warrant against the tenant, pursuant to the provisions of Code Chapter 61-3, whence paid into court under Code section 61-304 shall fully satisfy the requirements under subsections (a) and (b) of this section. (d) After the date of service of the summons as provided in section 61-403, the tenant shall not transfer, convey, remove, conceal or hide his property or goods without either posting bond, as provided in section 61-411, or complying with the provisions of subsections (a) and (b) of this section. (e) If the tenant shall fail to comply with any of the provisions hereof, then the tenant shall not be entitled to retain possession of his property pending a trial on the merits, as provided by section 61-404, unless he posts bond, as provided by section 61-411. Failure to comply with any provisions of this section shall in no way affect the tenant's ability to litigate the issues raised in his answer, but shall only affect possession of the property pendente lite. The property involved shall be seized by the marshal, sheriff or deputy, as applicable, and held thereby for levy and sale after judgment, as provided by section 61-409, if judgment is against the tenant. (f) The court shall order the clerk of the court to pay to the landlord the amounts paid into the registry of the court as the said payments are made, provided, however, that if the tenant claims that he is entitled to all or 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 landlord without delay only that portion of the funds to which the tenant has made no claim in the proceedings. That part of the fund which is a matter of controversy in the litigation

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shall remain in the registry of the court until a final determination of the issues. 61-406. Judgment and Satisfaction. (a) If, on the trial of the case, judgment is against the tenant, judgment shall be entered against the tenant for all rent due and for any other claim relating to the dispute and the distress warrant shall be granted. (b) If judgment is for the tenant, he shall be entitled to remain in the premises and in possession of his goods and property, and the landlord shall be liable for all foreseeable damages shown to have been caused by his wrongful conduct. Any funds remaining in the registry of the court shall be distributed to the parties in accordance with the judgment of the court. If the tenant has been deprived of possession of his property pendente lite pursuant to the provisions of section 61-405 (e), the court shall order that the property be returned immediately to the tenant. 61-407. Appeal. Any judgment by the trial court shall be appealable to the Court of Appeals or Supreme Court, as applicable, pursuant to Title 6 of the Georgia Code. If the judgment of the trial court is against the tenant and the tenant appeals this judgment, the tenant shall remain in the premises and in possession of his goods and property; provided, however, that the tenant shall comply with all provisions of section 61-405 or 61-411 until the issue has been finally determined on appeal. 61-408. Offer of Payment by Tenant. In an action for nonpayment of rent, the tenant shall be allowed to tender, within seven days of the day the tenant was served with the summons pursuant to section 61-402, to the landlord all rents allegedly owed plus the cost of the distress warrant. Such a tender shall be a complete defense to the action. 61-409. Execution and Levy. Whenever a distress warrant is granted pursuant to this Chapter, such distress warrant may be levied by the marshal, sheriff or deputy, duly qualified, on any property belonging to said tenant, whether found on the premises or elsewhere, who shall advertise and sell the same, as in the case of levy and sale under execution.

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61-410. Lien of Landlord to Attach from Time of Affidavit; Priorities. The landlord's lien for his rent shall attach from the time that the affidavit is made pursuant to section 61-401 hereof, but it shall take precedence of no lien of older date except as to the crop raised on the premises. 61-411. Bond. In all cases where the tenant may desire to transfer, remove or convey any of his goods or property after service of summons, such tenant shall post bond with good security for a sum equal to the value of such property or the amount of the rent alleged to be due, whichever is less, to be estimated by the judge, for the delivery of such property at the time and place of sale, provided the property shall be found subject to such rent. Upon approval of such bond by the judge, the tenant may convey, transfer or remove such property without restriction. 61-412. Claims by Third Persons. How Interposed and Tried. When the property distrained may be claimed by a third person, the same shall be claimed on oath and bond given as required in cases of other claims, but shall be returned and tried as provided by law for the trial of the right of property levied upon by execution. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1975. CONVEYANCE OF LAND TO SEMINOLE COUNTY AUTHORIZED. No. 56 (House Resolution No. 13-86). A Resolution. Authorizing the conveyance of a tract of State-owned property; and for other purposes. Whereas, Seminole County deeded to the State of Georgia a tract of land located within the City of Donalsonville

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for the purpose of erecting a State Farmers Market thereon; and Whereas, a portion of the original tract deeded to the State of Georgia is not now being used by the State and said tract is therefore surplus property; and Whereas, said tract of land is described as follows: All that tract or parcel of land, containing 2.969 acres, located, lying and being in Land Lot No. 74 of the 14th Land District of Seminole County, Georgia, and within the Corporate Limits of the City of Donalsonville, Georgia, and being more particularly described as COMMENCING at the Southeast intersection of East Crawford Street and Pugh Avenue in the City of Donalsonville, and from said point run South 79 degrees 31 minutes East a distance of 398.7 feet; thence South 9 degrees 57 minutes West a distance of 280 feet; thence South 78 degrees 55 minutes West a distance of 432.99 feet; thence North 16 degrees 17 minutes East a distance of 289.97 feet to the point of beginning. All as shown by survey and plat of Earl Thursby, dated February 9, 1974; and Whereas, Seminole County 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 in behalf of the State of Georgia, is hereby authorized to convey to Seminole County the hereinabove described tract of land subject to the following conditions: (1) that the conveyance of said tract of land be approved by the State Properties Commission or its successor; and (2) that the conveyance of said tract of land shall be upon such terms and conditions that may be mutually agreed upon by the governing authority of Seminole County and the State Properties Commission or its successors; and

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(3) that the consideration for the conveyance of said tract of land shall be determined by the State Properties Commission and in the determination of said consideration the State Properties Commission may consider the benefit to the public of the proposed public use of said tract of land in lieu of any other method of determining the consideration. Approved April 25, 1975. AIR QUALITY CONTROL ACT AMENDED. Code Chapter 88-9 Amended. No. 716 (House Bill No. 721). An Act to amend Code Chapter 88-9, relating to Air Quality Control, as amended, so as to provide that certain factors shall be considered only to the extent consistent with the Clean Air Amendments of 1970 (84 Stat. 1676; 42 U.S.C. Sec. 1857 et seq.); to provide that considerations of economic cost or technical feasibility shall be subordinate to considerations of public health; to provide that reports on the nature and amounts of stationary source emissions obtained by the Division shall be available for public 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. Code Chapter 88-9, relating to Air Quality Control, as amended, is hereby amended by adding the following sentence to the first full paragraph of section 88-906: Provided, however, such factors shall be considered only to the extent consistent with the Clean Air Amendments of 1970 (84 Stat. 1676, 42 U.S.C. Sec. 1857 et seq.), and considerations of economic cost or technical feasibility shall be subordinate to considerations of public health., so that when so amended, Code section 88-96 shall read as follows:

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88-906. Factors to be considered in exercising powers and responsibilities related to air quality. In exercising the responsibilities under the provisions of this Act, the Board and Department shall give due recognition to the fact that the quantity or characteristic of air contaminants or the duration of their presence in the atmosphere which may cause a need for control in one area of the State may not cause a need for control in another area of the State. The degree of conformance with the rules and regulations which may be proper as to an essentially residential area of the State may not be proper as to a highly developed industrial area of the State. The following factors shall be considered in exercising powers and responsibilities related to air quality. Provided, however, such factors shall be considered only to the extent consistent with the Clean Air Amendments of 1970 (84 Stat. 1676, 42 U.S.C. Sec. 1857 et seq.), and considerations of economic cost or technical feasibility shall be subordinate to considerations of public health. (a) The quantity and characteristics of air contaminants and the duration of their presence in the atmosphere which may cause air pollution in a particular area of the State; (b) Existing physical conditions to topography; (c) Prevailing wind directions and velocities; (d) Temperatures and temperature-inversion periods, humidity, and other atmospheric conditions; (e) Possible chemical reactions between air contaminants or between such contaminants and air gases, moisture, or sunlight; (f) The predominant character of development of the area of the State, such as residential, highly developed industrial area, commercial, or other characteristics; (g) The question of priority of location in the area involved; (h) Availability of air-cleaning devices;

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(i) Economic feasibility of air-cleaning devices; (j) Effect on normal human health of particular air contaminants; (k) Effect on efficiency of industrial operations resulting from use of air-cleaning devices; (l) Extent of danger to property in the area reasonably to be expected from any particular air contaminant; (m) Interference with reasonable enjoyment of life by persons in the area and conduct of established enterprises which can reasonably be expected from air contaminants; (n) The volume of air contaminants emitted from a particular class of air contaminant source; (o) The economic and industrial development of the State and the social and economic value of the source of air contaminants; (p) The maintenance of public enjoyment of the State's natural resources; and (q) Other factors which the Department may find applicable. Section 2. Said Code Chapter is further amended by striking section 88-908, which reads as follows: 88-908. Confidential information. Any information relating to secret processes, devices, or methods of manufacture or production obtained by the Board, Department or their employees in the administration of this Act shall be kept confidential., in its entirety, and in inserting in lieu thereof a new Code section 88-908, to read as follows: 88-908. Confidential information. Information relating to secret processes, devices, or methods of manufacture or

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production obtained by the Division of Environmental Protection of the Department of Natural Resources in the administration of this Act shall be kept confidential. Provided, however, reports on the nature and amounts of stationary source emissions obtained by said Division shall be available for public inspection from said Division. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1975. CONVEYANCE OF LAND TO MONTGOMERY COUNTY AUTHORIZED. No. 57 (House Resolution No. 51-210). A Resolution. Authorizing the conveyance of a certain tract of State-owned property to Montgomery County; and for other purposes. Whereas, the State of Georgia owns a tract of land located within Montgomery County; and Whereas, such property was formerly used as a correctional institution but is no longer being used for such purposes or any other purpose; and Whereas, said tract of land is more particularly described as follows: All that certain lot or parcel of land lying and being in the Town of Mount Vernon, 1343rd G.M. District, Montgomery County, Georgia, same being the present site known as the Old Convict Lot, and being a lot of land

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fronting North on a County Road a distance of 234 feet and ending back in a Southerly direction a distance of 144 feet to other lands of Montgomery County, and bounded as follows: North by Public Road, east by lands of the State Highway Department, south and west by other lands of Montgomery County, Georgia, and more particularly described by a plat of the same by J. D. Glover, Georgia Registered Surveyor No. 520, dated July 8, 1955, recorded in Plat Book 44, Page 480, Montgomery County Deed Records which plat is incorporated in and by reference made a part of this description; and Whereas, it is the desire of Montgomery County to obtain title to said tract in order that there might be erected thereon a correctional institution; and Whereas, said tract of State-owned property is no longer of any benefit to the State of Georgia and is therefore surplus property. Now, therefore, be it resolved by the General Assembly of Georgia that the Governor, acting for and in behalf of the State of Georgia, is hereby authorized to convey to Montgomery County the hereinabove described tract of State-owned property subject to the following conditions: (1) that the said tract of land shall be conveyed to the governing authority of Montgomery County; and (2) that the conveyance of said tract of land shall be approved by the State Properties Commission or its successor; and (3) that the conveyance of said tract of land shall be for consideration as determined by the State Properties Commission, or its successor, and in the determination of said consideration for the conveyance of said tract of land the State Properties Commission, or its successor, may consider the benefit to the public of the proposed public use of said tract of land in lieu of any other method of determining the consideration; and

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(4) that the conveyance of said tract of land shall be upon such terms and conditions as may be mutually agreed upon by the governing authority of Montgomery County and the State Properties Commission. Approved April 25, 1975. GEORGIA CHARITABLE TRUST ACT AMENDED. No. 717 (House Bill No. 827). An Act to amend an Act known as the Georgia Charitable Trust Act, approved March 21, 1974, Ga. L. 1974, p. 440, so as to change the responsibility for administration of said Act from the Attorney General to the State Revenue Commissioner; to provide for the supervision by the State Revenue Commissioner of the administration of charitable trusts; to authorize the State Revenue Commissioner to maintain a register of charitable trusts; to provide for the filing of charitable trust instruments and annual audit reports with the State Revenue Commissioner; for other purposes relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Georgia Charitable Trust Act, approved March 21, 1974, Ga. L. 1974, p. 440, is hereby amended by striking section 5 in its entirety and inserting a new section 5 to read as follows: Section 5. The State Revenue Commissioner 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, the files and records of the State Revenue Department and other taxing authorities, trustees, and other sources, copies of instruments, reports and records and whatever information is needed for the establishment and maintenance of the register.

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Section 2. Said Act is further amended by striking from section 6 the language: with the Attorney General and inserting in lieu thereof: with the State Revenue Commissioner, so that the first sentence of section 6 shall read as follows: Every trustee subject to this Act who has received property for charitable purposes shall file with the State Revenue Commissioner, 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. Section 3. Said Act is further amended by striking from subsection (a) of section 7 each reference to the Attorney General and substituting in lieu thereof the State Revenue Commissioner so that subsection (a) of section 7 reads as follows: (a) Except as otherwise provided, every trustee subject to this Act shall, in addition to filling copies of the instruments previously required, file with the State Revenue Commissioner 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 State Revenue Commissioner may request. The State Revenue Commissioner 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 State Revenue Commissioner and after the State Revenue Commissioner 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.

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Section 4. Said Act is further amended by striking from subsection (d) of section 7 each reference to the Attorney General and inserting in lieu thereof the State Revenue Commissioner so that subsection (d) of section 7 reads as follows: (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 State Revenue Commissioner may authorize or require the filing of such reports by a trustee to be on forms prepared and furnished by the State Revenue Commissioner. (2) Provided further that at any time the State Revenue Commissioner 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 State Revenue Commissioner 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. Section 5. Said Act is further amended by striking from section 8 each reference to the Attorney General and inserting in lieu thereof the State Revenue Commissioner so that section 8 reads: The State Revenue Commissioner 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 State Revenue Commissioner, where the person resides or is

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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. Section 6. Said Act is further amended by striking from section 9 the reference to the Attorney General and inserting in lieu thereof the State Revenue Commissioner so that section 9 reads: The State Revenue Commissioner 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. Section 7. Said Act is further amended by striking section 10 in its entirety and inserting in lieu thereof a new section 10 to read: Section 10. When the State Revenue Commissioner 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 State Revenue Commissioner, 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 State Revenue Commissioner, issue an order requiring such person to appear before the State Revenue Commissioner 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 a person designated by the State Revenue Commissioner to conduct such investigation or hearing in his behalf. Witnesses ordered

Page 1531

to appear shall be paid the same fees and mileage as are paid witnesses in the superior courts of this State. The State Revenue Commissioner or his designated representative acting in his behalf is empowered to administer the necessary oath or affirmative to such witnesses. Section 8. Said Act is further amended by striking from section 11 each reference to the Attorney General and substituting in lieu thereof the State Revenue Commissioner so that section 11 reads: The State Revenue Commissioner 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 State Revenue Commissioner 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 State Revenue Commissioner is a party to the proceedings. Section 9. Said Act is further amended by adding at the end a new section to be designated section 16 which shall read as follows: Section 16. The State Revenue Commissioner is hereby authorized to make necessary rules and regulations to carry out the provisions of this Act. Section 10. This Act shall become effective upon its approval by the Governor or upon becoming law without his approval. Effective date. Section 11. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1975.

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LEASE OF LAND TO MERIWETHER COUNTY AUTHORIZED. No. 58 (House Resolution No. 72-310). A Resolution. Authorizing the lease of certain real property located in Meriwether County, Georgia; and for other purposes. Whereas, the State of Georgia is the owner of certain real property located in Meriwether County, Georgia, which formerly was under the control and jurisdiction of the State Board of Corrections and the State Department of Offender Rehabilitation; and Whereas, the property was declared surplus by the Department of Offender Rehabilitation, and jurisdiction and control thereof was transferred to the State Properties Commission; and Whereas, said real property is all that tract or parcel of land lying and being in the County of Meriwether, State of Georgia, and being more particularly described as follows: All that tract or parcel of land situate, lying and being in the Southwest corner of Land Lot Number 126 in the Second Land District of Meriwether County, Georgia, containing 13.2 acres of land and more particularly described as follows: Beginning at a point on the original West line of Land Lot Number 126, said point being on the North right of way of Paved Highway Number 41 and being 620 feet due North from the original Southwest corner of Land Lot Number 126, and running thence along the North Right of Way of said Paved Highway Number 41 South 29 degrees 45 minutes East a distance of 389 feet to the North Right of Way of a country road; thence running along the North Right of Way of said country road North 60 degrees 15 minutes East a distance of 940 feet; thence

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North 29 degrees 45 minutes West a distance of 630 feet; thence South 60 degrees 15 minutes West a distance of 800 feet to the original West line of Land Lot Number 126, thence due South along said original West line of Land Lot Number 126 a distance of 300 feet to the point of beginning and bounded as follows: On the North by lands of Meriwether County, known as the Airport lands; on the East by lands of Meriwether County, known as the Airport lands; and a country road running East and West; on the South by the aforementioned country road running East and West and Paved Highway Number 41; and on the West by Paved Highway Number 41 and lands of Jackson Box and Lumber Company. Also included are all permanent improvements, tenements, and appurtenances, thereunto belonging or in any wise appertaining to the above-described property, including the right of ingress and egress thereto and therefrom at all times.; and Whereas, the above-described property is no longer needed by the State Properties Commission or the State of Georgia and is therefore surplus; and Whereas, the governing authority of Meriwether County is desirous of leasing said real property. Now, therefore, be it resolved by the General Assembly of Georgia that the State Properties Commission is hereby authorized to lease said real property to Meriwether County for a period of 20 years upon such terms and conditions as may be mutually agreed upon by the governing authority of Meriwether County and the State Properties Commission or its successor, and that the consideration for the lease of said tract of land shall be for such rent as determined by the State Properties Commission, or its successor, and in the determination of said rent for the lease of said tract of land the State Properties Commission, or its successor may consider the benefit to the public of the proposed public use of said tract of land in lieu of any other method of determining the rent. Approved April 25, 1975.

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CRIMESPENALTY PROVIDED FOR ATTEMPT TO AVOID PAYMENT OF TELECOMMUNICATION SERVICE. No. 718 (House Bill No. 841). An Act to provide that it shall be unlawful for any person to avoid or attempt to avoid the payment for telecommunication services; to provide that it shall be unlawful for any person knowingly to make or possess any apparatus, equipment or electronic device designed, adapted or used or for commission of a theft of telecommunication service or to conceal the existence or place of origin or destination of any telecommunication; to provide for penalties; 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. Avoiding or attempting to avoid payment for telecommunication services. It shall be unlawful, by the use of any fraudulent scheme, for any person to avoid or attempt to avoid, or to cause another to avoid, the lawful charges, in whole or in part, for any telephone or telegraph service or for the transmission of a message, signal or other communication by telephone or telegraph, or over telephone or telegraph facilities, means or method, or any mechanical, electric or electronic device. Amateur Radio Repeater operation involving a dial interconnect is not covered by this Act. Section 2. Making, possessing or transferring device for theft of telecommunication service; concealment of existence, origin or destination of any telecommunication. It shall be unlawful for any person knowingly to: (a) Make or possess any apparatus, equipment or electronic device designed, adapted or which is used: (1) For commission of a theft of telecommunication service in violation of this article, or (2) To conceal, or to assist another to conceal, from any

Page 1535

supplier of telecommunication service or from any lawful authority the existence or place of origin or of destination of any telecommunication, or (b) Sell, give, transport or otherwise transfer to another or offer or advertise for sale, any apparatus, equipment or device described in (a) above, or plans or instructions for making or assembling the same; under circumstances evincing an intent to use or employ such apparatus, equipment or device, or to allow the same to be used or employed for a purpose described in (a) (1) or (a) (2) above, or knowing or having reason to believe that the same is intended to be so used, or that the aforesaid plans or instructions are intended to be used for making or assembling such apparatus, equipment or device. (c) Publish plans or instructions for making or assembling or using any apparatus, equipment or device described in (a) above. (d) Any such instrument, apparatus, equipment or device, or plans or instructions therefor, referred to in subsections (a), (b) or (c) may be seized by court order or under a search warrant of a judge or magistrate or incident to a lawful arrest; and upon the conviction of any person for a violation of any provisions of this Act, such instrument, apparatus, equipment, device, plans or instructions either shall be destroyed as contraband by the sheriff of the county in which such person was convicted or turned over to the telephone company in whose territory such instrument, apparatus, equipment, device, plans or instructions were seized. Section 3. Any person violating the provisions of subsections (a), (b) or (c) of section 2 shall be guilty of a felony and upon conviction thereof, shall be fined not more than $1,000.00 or imprisoned not more than five years or both. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1975.

Page 1536

CONVEYANCE OF LAND TO HARRISON WARD AND ALMA LILLY WARD AUTHORIZED. No. 59 (House Resolution No. 75-310). A Resolution. Authorizing the conveyance of a certain tract or parcel of land located in Coweta County, Georgia, to Harrison Ward and Alma Lilly Ward; and for other purposes. Whereas, the Department of Transportation acquired from Harrison Ward and Alma Lilly Ward a certain tract or parcel of land located in Coweta County, Georgia; and Whereas, the Department of Transportation acquired said tract or parcel of land as a materials borrow pit to aid it in the construction of a portion of Interstate 85; and Whereas, the Department of Transportation paid $5,520.00 for the aforementioned tract or parcel of land; and Whereas, the Department of Transportation removed from the aforementioned tract or parcel of land materials of an approximate value of $12,113. 92; and Whereas, said tract or parcel of land is more particularly described as follows: A tract or parcel of land lying and being in Land Lot 234 of the Second Land District, Coweta County, Georgia, and being more particularly described as follows: Beginning at a point lying 200 feet right, east of, and opposite survey center line Station 160+00; thence north 03 20[UNK] 50[UNK] east along a line lying 200 feet right, east of, and parallel to the survey center line a distance of 1,634.28 feet, more or less, to a point lying 200 feet right, east of, and opposite survey center line Station 176+34.27, said point being a point on the existing north property line

Page 1537

between the Condemnee and lands now or formerly owned by James J. and Ruth R. Singleton; thence north 89 49[UNK] 59[UNK] east along said property line a distance of 153.94 feet, more or less, to a property corner; thence, south 89 17[UNK] 55[UNK] east along a line a distance of 147.36 feet, more or less, to the northeast corner of said tract; thence south 4 30[UNK] 01[UNK] east along the east property line of said tract a distance of 1,356.97 feet to a point; thence south 61 08[UNK] 14[UNK] west along a line a distance of 574.57 feet, more or less, to the point of beginning. Now, therefore, be it resolved by the General Assembly of Georgia that the Governor, acting for and on behalf of the State of Georgia and the Department of Transportation, is hereby authorized to convey the above described property to Harrison Ward and Alma Lilly Ward for and in consideration of the sum of one ($1.00) dollar and the moral obligation of the State of Georgia. Approved April 25, 1975. ADEQUATE PROGRAM FOR EDUCATION ACT AMENDEDCERTAIN EMPLOYMENT OF PERSONS AS TEACHERS PROHIBITED. No. 719 (House Bill No. 858). An Act to amend an Act known as the Adequate Program for Education in Georgia Act, approved March 26, 1974 (Ga. L. 1974, p. 1045), so as to prohibit the employment of certain persons as teachers; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Adequate Program for Education in Georgia Act, approved March 26, 1974 (Ga. L. 1974, p. 1045), is hereby amended by adding at the end of section 62, a new subsection (c), to read as follows:

Page 1538

(c) Any other provisions of this Act or any other laws to the contrary notwithstanding, no local board of education shall employ any person as a teacher who has been discharged from the armed forces of the United States with a dishonorable discharge as a result of desertion or any person who has fled or removed himself from the United States for the purpose of avoiding or evading military service in the armed forces of the United States excluding those who have been fully pardoned. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1975. DEPARTMENT OF REVENUEAUTHORIZED TO WRITE OFF CERTAIN UNCOLLECTED CHECK BALANCES. No. 60 (House Resolution No. 98-396). A Resolution. To authorize the Department of Revenue to write off uncollected check balances covering motor fuel highway use permits and taxes; and for other purposes. Whereas, during the years 1957, 1958, 1959, 1960, 1961, 1962, 1963, 1964, 1965, 1966, 1967, 1968, and 1969 certain taxpayers remitted motor fuel highway use permits and taxes to the Department of Revenue by checks, such checks being returned by the banks for insufficient funds and for other reasons; and Whereas, efforts to collect the motor fuel highway use permit and tax liability represented by such checks have been successful; and Whereas, such uncollected check balances have been

Page 1539

carried in the State Auditor's Report for several years; and Whereas, such uncollected check balances have become dormant and their collection is barred by the Statute of Limitations; and Whereas, such uncollected check balances representing unpaid motor fuel highway use permits and taxes are as follows: DATE NAME OF ACCOUNT AMOUNT 12-10-57 Star Oil Co. $ 2,485.17 1-20-58 Star Oil Co. 2,893.75 11-16-59 J. G. James 2.00 10-29-59 General Transport Co. 2.77 4-29-59 B. R. Williams 35.69 4-30-59 Alpha Van Lines, Inc. 26.47 10-20-56 Brooks Johnson 2.00 1-28-60 American Van Lines, Inc. 80.00 12-30-59 Natalie Ann Anderson 1.00 1-24-60 O. S. Kunans 2.53 4-15-60 Mrs. Troy Nelson 1.58 10-23-59 Natalie Ann Anderson 1.85 1-20-60 James Edd McCrocken 7.02 8-4-59 Mrs. J. R. Burkett 14.59 7-21-59 Interstate Motor Lines 36.46 7-17-59 Carole Evans 15.73 10-13-59 Neil McCracken (store) .96 10-20-59 Thomas L. Smart 5.98 10-17-58 George T. Kelly 13.58 1-15-59 Glenn G. Walker 1.78 12-6-58 Everett H. Cosby 3.47 6-20-58 Preston Spangler 1.00 12-11-58 Frederick's Quality Produce 10.00 10-2-58 East Cost Dist. Co. 4.00 9-8-58 Algie Baldwin 1.47 11-22-58 Pedrew Williamson 1.00 1-23-59 United Coach Distributing Co. 2.00 3-5-59 J. L. Smith 1.00 3-22-58 Edward Rogers 2.00 1-18-58 Jonedia Pierce 1.00 1-2-59 Eugene V. Nix 1.00 5-24-58 Claude L. Johnson 1.00 1-23-59 Mary Hicks 3.00 1-12-59 R. C. Doyle Housley 6.00 5-26-59 Globe Distributing Repair 1.00 2-7-59 H. R. Duke 1.00 12-9-58 E. C. Dickinson Produce Distributor, Inc. 9.00 4-6-59 Ray Grayes 2.00 8-18-59 Mrs. Harrel R. Briggs 1.00 1-6-59 William Layton 10.00 10-20-58 Argoe Brothers Produce 203.39 11-19-58 Townsend Furniture Exchange 5.32 12-26-57 Tom Lacy Truck 2.00 12-20-58 H. L. Muckon (Muchow) 2.28 3-30-61 Paul V. Miller 8.94 7-27-59 Beeco Transport 16.20 7-26-60 Wm. R. Markel 5.85 7-18-60 Mabel Miller 12.94 11-6-60 S. M. Dudley 3.58 11-9-60 M. L. Clay, Jr. 31.83 8-10-60 J. Abernathy 1.00 8-27-60 John D. Simmons 1.00 12-11-63 Hauenstein Agency 1.00 7-17-63 Steve Weiberg, Jr. 5.40 10-21-63 Joseph McDonald Wilson 2.00 7-12-63 Mrs. Alvin J. Willis 1.00 2-14-64 E. R. Wood 1.00 4-20-64 J. L. Welch 38.09 11-5-63 V P Carriers, Inc. 44.00 11-19-63 Transworld Van Lines 9.00 7-22-63 C. Lowder's Mobile Homes, Inc. 10.99 10-28-63 R. C. Trammel 1.00 10-24-63 Readell Sullivon 1.00 11-7-63 Nelms Motor Line, Inc. 10.00 10-24-62 Nelms Motor Line, Inc. 32.00 11-13-63 Boyd Scarboro 4.00 12-9-63 John Smith 1.00 12-30-63 B. A. Schiff Assoc. 1.00 12-23-63 Carl Seymour 1.00 1-2-64 Southern Motor Line 9.00 1-18-64 Serrill Service Corp. 1.00 12-31-63 Refrigerated Foods Express, Inc. 8.00 12-30-63 Thomas Rowe Truckline 22.00 3-10-64 Edward Redere 1.00 10-31-63 Penn Way, Inc. 1.00 12-5-63 Paul R. Owens 1.00 1-29-64 Northland Carrier, Inc. 1.82 9-25-63 MEK Produce Trucking 11.00 10-17-63 May Brothers, Inc. 4.09 10-20-63 Irvin E. Mace Trucking 4.94 11-18-63 Morgan Drive Away, Inc. 1.00 11-21-63 Morgan Drive Away, Inc. 4.00 12-4-63 Morgan Drive Away, Inc. 2.00 1-1-64 Leonard A. Mermelstein 3.00 1-2-64 Motor Transport Co. 2.00 3-26-64 Joseph McCrea 1.00 2-29-64 G. H. Madison 1.00 3-31-64 Monticello Milling Co. .91 5-8-64 Midsouth Refrigerated Transit Co. 8.73 11-16-63 J. D. Lowman 1.00 11-11-63 W. J. Lynch, Jr. 1.00 11-30-63 R. M. C. Loy, Produce 2.00 1-2-64 C. M. Littleton 1.00 3-11-64 J. D. Lowman 2.00 7-15-63 Jessie's, Inc. 15.34 11-26-63 Jones Hall Nursery 1.00 1-27-64 Jessie's, Inc. 14.93 6-22-63 W. D. Hodge 3.76 8-2-63 Hamilton Supply Co. 1.00 10-25-63 TR Heischman Const. Co. 11.00 10-31-63 Hillside Van Lines, Inc. 22.00 2-5-64 Frances C. Hunter 1.00 3-21-64 L. B. Tucker 5.00 10-30-63 Griffith Accounting Services 1.00 10-26-63 Samuel W. Groome 1.00 1-3-64 Samuel W. Groome 10.00 11-18-63 Frank W. Goldsmith 4.22 7-24-63 Giles Industries, Inc. 1.00 4-23-63 Keith Berkshires .46 1-3-64 B L Truck Lines 32.72 12-28-63 B L Truck Lines 5.00 1-20-64 Olin Brown 1.00 6-29-63 W. H. Cartwright 22.46 4-18-64 Joe E. Collins 11.12 1-5-64 C J Transportation 1.00 7-9-63 Lilman Coltrain 2.00 12-13-63 C. T. Cook 2.00 11-26-63 Calcatera Brothers 2.00 11-29-63 L. L. Creamer 2.00 9-6-63 Mrs. H. E. Daniels 1.00 12-3-63 Henry R. Denton 1.00 12-28-63 Dennis Truck Lines 5.00 12-24-63 Duncan Oil Co. 1.00 12-18-63 R. K. David Moving Storage 33.00 8-24-64 Detroit Motor Lines 9.68 7-30-63 Detroit Motor Lines 14.63 10-19-63 Dublin Concrete Co. 1.00 2-8-64 Eric Fields 1.00 1-18-65 Bruce Alexander, Sr. 4.41 10-19-63 Arkansas Furniture Mfg. Co. 1.76 3-25-65 Carlisle Trucking Co. 2.00 11-1-64 Circle B. Quarter Horse Farm 10.00 5-6-65 Collins Milling Co., Inc. 1.00 4-15-65 Jimmie Collins Produce Brokerage 13.90 7-31-64 George H. Dague 17.74 1-19-65 Larry M. Deshields 1.23 4-20-65 Calvin Edwards 2.78 10-2-64 Hayward L. Elliott 4.14 11-25-64 Joseph Georgiana 5.00 7-23-64 I. Goldfarb Sons, Inc. 1.00 1-65 Hardy's Green Garden 1.86 4-5-65 Leavy Harold 1.00 2-20-65 Jimmy Hopkin 2.00 6-16-64 Mrs. Cleveland Huggins 1.00 5-15-65 Otis Hudson 1.00 4-21-65 Motor Coils Mfg. Co. 9.00 3-29-65 Severn Nottingham 1.00 7-13-64 Posey's Service Station .39 12-3-64 Margaret Page 1.00 11-5-64 Billy Partin Co. 2.00 6-1-64 Walter Pitts Trucking 15.00 5-19-65 Bruce Rose Co. 1.63 2-9-65 Southern Motor Lines 2.00 7-30-64 StallingsMerchandise Produce Lumber 3.07 1-13-65 Lee Stover Livestock Co. 2.00 4-27-64 Bertran J. Taylor 1.00 3-6-64 United Food Distributors Leasing Corp. 4.00 10-28-64 Gene Vaughn 3.00 12-18-64 J. White Trucking 44.00 12-8-64 Dewey Wright, Jr. 1.00 4-27-66 A W Trucking Co. 3.00 11-8-65 W. H. Jack Albritton 2.00 11-8-65 Brownsville Truck Brokers, Inc. 8.00 7-10-65 June Books 2.00 1-26-65 Roy W. Blanton Sales Engineering, Inc. 2.00 12-10-65 Barlow Trucking Co. 2.00 11-18-64 Mrs. Carrie Carpenter 1.95 10-20-65 Roy Collins Trucking Co. 3.00 7-2-65 Dade Fruit Co. 2.00 11-23-65 Betty M. Davis 2.00 2-23-66 Dixie Transport Co. 48.80 7-29-65 Furniture Squares, Inc. .58 4-27-66 GMC TruckCoach Div. 1.00 10-20-65 Liles Holmes 1.04 12-16-65 Jimmy Horton 2.00 12-20-65 Fredrick D. Johnson, Jr. 1.00 1-31-66 Loogootee Clay Products Corp. 2.08 10-22-65 Madison Transfer Co. 4.00 11-29-65 A. C. Moyers 1.00 12-12-65 G. W. McDonald 2.00 1-24-66 M. P. Building Sales Co. 1.00 4-13-66 National Trailer Sales Service, Inc. 1.00 12-4-65 Osceola Transport 4.00 1-20-66 Walter F. Small Sons 1.00 1-20-66 Stuart Enterprises, Inc. .72 7-19-65 Bonita Shepard 1.95 11-19-65 Shaw-Wynn Homes Corp. 7.00 7-20-65 Tillis Food Service 15.00 3-7-66 Pat Wilson 3.00 2-1-66 Joseph McDonald Wilson 3.00 11-19-66 James Boland 3.00 2-9-67 Bentley Spring Corp. 3.00 1-30-67 Charles Brown 1.00 10-12-66 June Books 2.00 6-30-66 Harold Bartlett Truck Leasing 1.00 4-17-67 R. E. Cheek Trucking Co. 8.69 10-9-66 Harold Collins [Illegible Text] 4-23-67 Cherokee Trucking Co. 2.40 1-23-66 Cartage Rental Corp. 3.00 1-5-67 Percy E. Chappell 1.00 11-30-67 Neal Chaffin 3.00 1-7-67 Alfonso Drayton .98 1-3-67 Dixie Pacific International, Inc. 1.00 7-27-66 Eugene S. Dandy 6.89 8-12-66 Eastern Trailer Sales, Inc. 2.00 10-22-66 Eatmore 1.00 4-7-66 Edrington Bros. 5.67 1-14-67 Melba Hamilton .26 12-1-66 Inman Scarboro Trucking Co. 6.00 2-14-67 Hilliard P. Jenkins 1.00 12-31-66 Lockhart Enterprises .72 10-17-66 Land Truck Lines, Inc. 11.00 12-2-66 Ann Hayes 8.06 9-1-66 P. L. Myers Trucking 1.00 7-6-66 National Trailer Sales Service, Inc. 1.00 8-66 Elizabeth Pogue .67 5-18-67 Sellers Fruit-Produce 4.00 4-28-67 Marvin Stamper 4.71 12-31-66 Bonita Shepard 1.00 8-30-66 Harold B. Todd 1.00 7-66 Robert Townsend 1.00 4-28-66 Valley Chemical Co., Inc. 29.25 1-31-67 William R. Atkins 1.97 12-29-66 Glen Williams 1.00 12-14-66 Noel Wilson Trucking 1.00 11-16-67 Ronald Alexander 11.00 10-19-67 Thomas C. Boyce 1.00 10-26-67 Ed Barbour 1.00 12-8-67 James W. King 5.00 3-68 Hiawassee Truck Lines 3.00 11-2-67 Chief Tomahawk Truck Products, Inc. 1.00 11-16-67 Fred H. Jones 3.00 11-10-67 Ralph B. Kneece 1.00 1-31-68 Mrs. Richard N. Lovell 47.19 1-26-68 Lonski Farms Transfer Co. 1.00 10-20-67 B. B. Platt, III 566.05 7-8-67 P K Leasing Co. 1.00 4-4-68 Barney C. Sheppard 1.00 1-20-68 Marjorie M. Simmons 5.21 7-20-67 Stuart Enterprises .56 4-68 Tree-Rite-Fruit of Florida, Inc. .43 11-4-67 Frank Wascher 1.00 5-20-69 Joseph L. Burgess 25.00 12-26-68 Della Collins 1.00 11-25-68 G. T. Collins 26.00 7-1-68 County Line Truck Stop 2.00 5-22-69 Bruce P. Emmert 2.00 5-7-69 Mrs. Henry H. Hamlin 1.00 4-29-69 Oran G. Holmes, Jr. Truck Acct. 3.45 11-21-68 James McCray, Jr. 23.10 1-31-69 Milner Super Gas 9.04 9-27-68 Janet L. Pollard 1.00 1-11-69 Reavis, Inc. 1.00 2-22-69 Reid Rental Co., Inc. 1.00 10-31-68 Bobby Sears 3.00 8-27-68 Service Express Co. 2.00 5-26-69 Stuckey's Truck Line 4.00 6-10-69 Gordon Shelton 12.28 1-2-69 Mills Truck Brokers 2.00 6-23-61 Atlantic Trailer Corp. 7.00 12-4-61 Thomas R. Bare 1.00 12-11-61 L. L. Barnette, Jr. 2.00 11-27-61 Best Transport Co., Inc. 1.00 11-27-61 Best Transport Co., Inc. 1.00 11-27-61 Best Transport Co., Inc. 1.00 1-10-62 Barbara Bohan 1.54 10-23-61 Jake Boykin 6.78 7-31-61 Bradfield Livestock 9.36 1-9-62 Brash Truck Lines, Inc. 1.00 8-30-61 Donald Braswell 1.00 7-20-61 Brown Brothers, Inc. 11.18 1-10-62 Billy M. Bryant 1.87 7-20-61 Guy S. Cook 24.76 8-23-61 C,TW Farm Supply, Inc. 2.00 5-4-62 Wilmont D. Curtis 1.00 12-4-61 Mrs. J. C. Deese 1.00 11-24-61 Dixie Poultry of Water Valley 5.00 10-21-61 Frank Enlow 2.65 1-15-62 Mrs. Esie Fields 1.00 12-27-61 Henry L. Freeman 2.00 1-18-61 Graham Trucking Co. 3.00 5-19-62 Glenn L. Burgess 2.32 1-19-62 L. H. Herndon Truck Account 2.99 2-14-62 G. J. Hodges, Inc. 2.27 4-19-62 G. J. Hodges, Inc. 2.27 11-7-61 Alfred E. Hoff, Jr. 1.00 12-18-61 Ira C. Holley 1.00 2-2-62 James C. Hughes 1.00 7-21-61 International Rental, Inc. 12.61 7-13-61 Irvgol Leasing Corp. 2.28 5-17-62 Ralph Latham Lumber Co. 44.01 10-17-61 William J. Lynch 1.56 12-1-61 Market Produce 11.00 7-20-61 J. G. Maynard Co. 1.35 11-3-61 Milward Eubanks Trucking, Inc. 2.00 12-26-61 M M Trucking Co. 2.00 1-26-62 William Moisa, Inc. 3.00 1-31-62 Mary Ellen Patterson 1.00 11-30-61 Rocky's Produce 3.00 12-11-61 Brent Sartain 1.00 3-9-62 James W. Segrest 4.00 12-6-61 Ships Power, Inc. 1.00 12-30-61 T. L. Spries 1.00 3-1-62 Aubrey Stephens 1.00 1-9-62 Joyce Carol Stone 2.08 4-30-62 Sunshine Packing Corp. of Penn. 3.12 3-26-62 Transport Cost 1.00 10-9-61 Transport Cost of Miami, Inc. 1.00 1-18-62 Charles M. Wagner 3.05 2-3-62 Blake V. Watson Lumber Co. 1.55 -62 Associated Shippers Cooperative, Inc. 2.47 12-14-61 Claude L. Whiteside, Jr. 1.00 3-20-62 James H. Wilsey 3.00 -62 Howard Young 4.00 6-20-62 Delta Contractors, Inc. 150.74 4-18-62 Smithfield Livestock Exchange 76.23 6-11-62 Acorn Aluminum Products Co. 1.00 11-10-62 Thomas R. Bare 1.00 9-15-62 Y. H. Brower .52 11-28-62 Carolina Grain Produce Exchange 3.00 10-19-62 Cart Oil Co. 1.00 4-28-63 Billy E. Davis 3.32 11-26-62 L. M. Douglas Wholesale 4.00 5-25-63 Charles W. Dixon 4.00 11-27-62 Dixie Systems, Inc. 5.00 12-22-62 Engh Turben Truck Line 12.87 12-3-62 Great American Truck Leasing 1.00 3-26-63 Raymond S. Hanaburgh 31.00 2-21-63 Hodgerson Bros. 10.15 2-8-63 Nelson Hinze 7.22 7-20-63 Edward E. Hawkins 2.60 3-20-63 Jessee Trucking Co., Inc. 4.75 10-19-62 M. Jaffee Sons 2.21 1-30-63 Bernard Kotter 6.24 3-13-63 J. O. Landrum Poultry Produce 1.00 12-28-62 J. C. Larve Co., Inc. 1.00 1-23-63 James Ernest Lindsey 5.90 1-20-63 William J. Lynch .39 12-19-62 Billy McCoy 2.00 4-9-63 Harold McGuinness 60.00 1-11-63 S. A. Mahoney 2.00 11-5-62 Mr. Chips 1.00 7-23-62 Nelson Cooperative Marketing Assn. 3.57 4-30-63 Mrs. W. I. Payne 2.00 12-6-62 Page Produce Co. 3.00 9-8-62 Mrs. W. I. Payne 1.00 7-19-62 F. M. Rivers 2.00 1-7-63 Scott Transport 1.00 1-2-63 W. M. Skidmore 3.00 12-30-62 Mary Lou Schukers 1.00 11-14-62 Searles Produce 6.00 9-4-62 W. D. Smith 4.00 5-5-63 Freddie Stewart 3.00 1-31-63 Trans-Service Truck Leasing Co. 30.00 2-9-63 Trans-Service Truck Leasing Co. 3.00 4-26-63 Tri Powered Corp. 5.15 6-4-62 Walter Thorpe 8.41 8-30-62 T. M. Webb Co. 1.00 12-27-61 Mrs. Maurice C. Wilkinson 5.11 2-7-61 A C Enterprises 1.00 4-3-61 Authur W. Adams 1.04 4-4-61 Agricultural Delivery Service, Inc. 1.00 11-2-60 Elbert W. Allen 35.49 10-14-60 J. W. Asher, Inc. 1.00 12-16-60 James Barfield 1.00 7-7-60 Fergus Blackwelder 2.93 12-27-60 Henry M. Blackwell 1.00 2-15-61 Jake Boykin Sons 1.09 5-12-61 M. M. Brasfield 1.00 12-16-60 Curtis Broodway 1.00 2-4-61 Curtis Broodway 1.00 12-27-60 Delbert C. Brown 1.00 12-14-60 Curtis G. Burlin 1.00 12-26-60 Alvin M. Cain 1.00 9-9-60 Howard Chelton 2.60 11-28-60 Clinton Dale Trucking Co., Inc. 10.00 1-12-61 Clinton Dale Trucking Co., Inc. 1.00 4-19-61 Coker Produce 27.05 3-3-61 Cummings Plumbing Heating 2.00 12-30-60 Mrs. Myrtle Masker 1.00 11-21-60 J. G. Maynard 3.00 11-21-60 J. G. Maynard 4.20 11-11-60 Mrs. W. G. Miller 1.00 1-16-61 MJDM Truck Leasing Co. 9.00 11-15-60 Richard R. Morris 1.00 1-23-61 Motive Parts Warehouse 3.00 1-12-61 L. J. Murphy Mfg. Co. 1.00 2-23-61 Murray Upholstering Co. 2.15 12-16-60 Murray Upholstering Co. 3.00 7-16-60 Muse, Inc. 2.00 11-16-60 Navilio Produce, Inc. 4.16 4-17-61 John Robert Patton 5.98 12-13-60 E. N. Pickering 1.00 1-26-61 J. B. Pipkin 1.00 11-25-60 Race Horse Express, Inc. 7.00 9-22-60 Ried Trucking Leasing Co., Inc. 29.00 8-25-60 Ried Trucking Leasing Co., Inc. 4.00 7-16-60 Mrs. Richard O. Ridgway 5.26 5-10-61 Rimes Bros. Trucking Co. 12.60 12-12-60 Evelyn L. Rivers 1.00 3-10-61 Salvatore John Rizzo 10.00 11-9-60 Roysters Trucking Co. 5.00 12-27-60 Joe Russo 1.00 12-28-60 James Ryan 11.00 8-11-60 Sampson Truck Lines, Inc. 1.00 10-25-60 Sampson Truck Lines, Inc. 59.54 12-12-60 Sampson Truck Lines, Inc. 12.00 12-6-60 V. M. Shannis Distributing Co. 1.30 12-27-60 Ottis G. Sheppard 7.00 2-17-61 Staller Trucking Co. 8.19 2-17-61 Staller Trucking 27.89 2-17-61 Staller Trucking Co. 5.00 10-6-60 Horace Trammel 1.00 12-7-60 L. J. Stone 5.00 6-27-61 Philip Twiddy 1.00 12-5-60 Sebastian A. Vetri 1.00 9-4-61 H. A. Voigt 4.92 3-3-61 D. W. Wakefield 1.00 2-25-61 Mike Weinzirl 3.00 12-9-60 Roy A. Woods 1.00 3-13-61 Deal Commercial Refrigeration, Inc. 1.00 4-22-61 Delta Tank Manufacturing Co. 1.00 7-20-61 John D. Paolantonio Trucking 12.24 12-7-60 Evans Box Crate Co., Inc. 1.00 1-5-61 Famous Virginia Foods Corp. 1.00 1-20-61 Eric Fields 6.80 1-3-61 Firetabs Fuel Chemical Corp. 1.00 6-23-61 Mrs. Grace Foster 5.80 7-26-60 Fox Furniture Manufacturing Corp. 8.94 6-27-61 Frigidways, Inc. 11.00 12-26-60 Clyde Gibson 1.00 5-12-61 W. Chasteen Harris 25.74 12-8-60 Kebert H. Hughes 1.00 8-15-60 Jack Hutchins 1.00 3-13-61 Albert Earl Imes 1.00 2-14-61 International Rental, Inc. 3.05 2-14-61 International Rental, Inc. 5.00 2-14-61 International Rental, Inc. 21.58 2-14-61 International Rental, Inc. 25.28 2-14-61 International Rental, Inc. 7.49 4-19-61 International Rental, Inc. 5.33 1-4-61 George E. Isgette 3.00 12-16-60 Jacks Auto Parts 1.00 1-4-61 James Brothers Transfer 2.00 8-22-60 Jones Produce Haulers 1.00 8-15-60 Sara Knight 1.00 1-4-61 Donna L. Kukan 1.00 12-1-60 W. E. Lasater 6.00 12-13-60 W. T. Lasater 1.00 12-17-60 La. Miss. Pipeline Construction Co. 2.00 4-29-61 Malcolm L. Leggett 29.97 8-6-60 N. B. Load Holt, III 1.00 7-28-61 Edgar W. Long Moving Storage 5.00 8-22-61 Edgar W. Long Moving Storage 61.00 12-23-60 L M Produce 1.00 7-12-60 Neil McCracken 3.69 7-18-60 McLeod Milling Co. 17.26 1-19-61 J. E. McKenzie 1.00 12-12-60 Noble C. Malone 2.00 11-28-60 Market Produce 15.00 4-27-59 H. M. Shell 1.00 6-3-59 Dorothy Strickland 2.00 4-20-59 W. O. Zorn 5.00 11-8-60 R. H. Alvarez 1.00 1-28-60 American Vanlines 80.00 4-19-60 Marcel Berthiaume 4.92 12-15-59 Sonny Blackman 1.00 2-26-60 Coflyn Mobile Homes, Inc. 2.00 10-29-59 Mary Congdon 1.00 2-24-60 Consolidated Van Storage 4.00 4-18-60 Cotten's Trucking Co. 1.00 12-20-59 Katy Couser 2.00 4-7-60 Larry Crum 1.00 4-20-60 Herbert W. Guelzow 10.00 2-19-60 D. V. Miller 13.00 3-22-60 Richard L. Hodges 2.00 1-24-60 O. S. Keenan 2.53 1-21-60 Marion R. Long 1.00 10-28-59 National Kitchens 6.00 11-11-59 J. E. Owen 1.00 2-17-60 Owsley Van Service 1.00 4-12-60 Roland Patterson 1.00 3-16-60 Peachtree Secretarial College, Inc. 10.00 1-4-60 C. E. Pope 2.00 1-19-60 Charles J. Porter 17.62 3-31-60 Rearden Beck 4.00 12-12-59 Abraham Robinson 1.00 1-11-60 Seafood Distributors 8.00 1-5-60 E. R. Chamberlain 11.00 5-23-60 S. Suskind Sons, Inc. 1.00 3-1-60 S. Suskind Sons, Inc. 10.00 12-26-59 Southland Produce Co., Inc. 21.00 11-3-59 Austin L. Stover 1.00 1-19-60 T T Machinery Movers, Inc. 5.00 6-8-60 Tugalo Poultry Co., Inc. 6.00 7-17-59 Wm. J. Watts 10.00 1-3-60 Wayland Distributing Co., Inc. 8.00 6-28-60 J. Q. Weathington 12.61 10-20-59 Wholesale Service Co. 9.00 12-11-59 Wolf Produce Transportation Co., Inc. 5.00 TOTAL $ 9,316.83

Page 1551

Now, therefore, be it resolved by the General Assembly of Georgia that the Georgia Department of Revenue is hereby authorized to write off these uncollectible accounts covering motor fuel highway use permits and taxes, and the State Auditor is hereby directed to indicate that such accounts have been written off and is directed to no longer carry them in future audits. Be it further resolved that the Secretary of the Senate is hereby instructed to transmit a copy of this Resolution to the Department of Revenue, the State Auditor and the State Budget Officer. Approved April 25, 1975. GEORGIA CIVIL DEFENSE ACT AMENDEDEMERGENCY POWERS GRANTED. No. 720 (House Bill No. 881). 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 grant the Governor the emergency power to provide welfare benefits to the citizens of Georgia in the form of grants to individuals and families under prescribed conditions, provided that matching federal funds are available for such purposes pursuant to the Disaster Relief Act of 1974 (Public Law

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93-288); to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Georgia Civil Defense Act of 1951, approved February 19, 1951 (Ga. L. 1951, p. 224), as amended, particularly by an Act approved March 15, 1973 (Ga. L. 1973, p. 74), is hereby amended by striking section 7 thereof in its entirety and inserting in lieu thereof a new section 7, to read as follows: Section 7. Emergency Powers. (a) In the event of actual or impending emergency or disaster, of natural or man-made origin, or impending or actual enemy attack, within or affecting the State of Georgia, or against the United States, the Governor may declare that a state of emergency or disaster exists. The state of emergency or disaster shall continue until the Governor finds that the threat or danger has passed or the emergency or disaster has been dealt with to the extent that emergency or disaster conditions no longer exist and terminates the state of emergency or disaster. No state of emergency or disaster may continue for longer than thirty (30) days unless renewed by the Governor. The General Assembly by concurrent resolution may terminate a state of emergency or disaster at any time. Thereupon, the Governor shall by appropriate action end the state of emergency or disaster. (b) A declaration of a state of emergency or disaster shall activate the emergency and disaster response and recovery aspects of the State and local emergency or disaster plans applicable to the political subdivision or area in question and be authority for the deployment and use of any forces to which the plan or plans apply and for use or distribution of any supplies, equipment, and materials and facilities assembled, stockpiled, or arranged to be made available pursuant to this Act or any other provision of law relating to emergencies or disasters. (c) The Governor shall have and may exercise for such period as such state of emergency or disaster exists or continues, the following additional emergency powers:

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(1) To enforce all laws, rules and regulations relating to civil defense and to assume direct operational control of all civil forces and helpers in the State; (2) To seize, take for temporary use, or condemn property for the protection of the public in accordance with condemnation proceedings as provided by law; (3) To sell, lend, give, or distribute all or any such property among the inhabitants of the State and to account to the proper agency for any funds received for such property; (4) To perform and exercise such other functions, powers, and duties as may be deemed necessary to promote and secure the safety and protection of the civilian population. (5) In addition to any other powers conferred upon the Governor by law, he may: (a) suspend the provisions of any regulatory statute prescribing the procedures for conduct of State business, or the orders, rules, or regulations of any State agency, if strict compliance with the provisions of any statute, order, rule, or regulations would in any way prevent, hinder, or delay necessary action in coping with the emergency or disaster; (b) utilize all available resources of the State government as reasonably necessary to cope with the emergency or disaster and of each political subdivision of the State; (c) transfer the direction, personnel, or functions of State departments and agencies or units thereof for the purpose of performing or facilitating emergency services; (d) commandeer or utilize any private property if he finds this necessary to cope with the emergency or disaster; (e) direct and compel the evacuation of all or part of the population from any stricken or threatened area within the State if he deems this action necessary for the preservation of life or other disaster mitigation, response, or recovery;

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(f) prescribe routes, modes of transportation, and destination in connection with evacuation; (g) control ingress and egress to and from a disaster area, the movement of persons within the area, and the occupancy of premises therein; (h) suspend or limit the sale, dispensing, or transportation of alcoholic beverages, firearms, explosives, and conbustibles; and (i) make provision for the availability and use of temporary emergency housing. (j) when the available funds are not sufficient for the purpose of paying the expenses incident to carrying out the provisions authorized by this Act, the Governor may transfer from any available fund in the State treasury, such sum as may be necessary to meet such emergency or disaster, and said moneys so transferred, shall be repaid to the fund from which transferred when moneys become available for that purpose by legislative appropriation or otherwise. (k) In the event that the Governor proclaims an emergency or disaster, as defined by this Act, to be a catastrophe within the meaning of subparagraph b, Paragraph IV, Section IX, Article VII of the Constitution of the State of Georgia of 1945, as amended, the funds referred to in said paragraph of the Constitution may be utilized by the Governor for the purpose of carrying out the provisions authorized by this Act. (l) In the event that the Governor proclaims an emergency or disaster, as defined in this Act, the Governor may provide welfare benefits to the citizens of this State in the form of grants to meet disaster related necessary expenses or serious needs of individuals or families adversely affected by an emergency or disaster in those cases where such individuals or families are unable to meet such expenses or needs from other means, provided that such grants are authorized only when matching federal funds are available for such purposes pursuant to the provisions of the Disaster Relief Act of 1974, (Pub. L. 93-288).

Page 1555

Section 2. This Act shall become effective upon its approval by the Governor or its otherwise becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1975. DEPARTMENT OF REVENUE AUTHORIZED TO WRITE OFF UNCOLLECTED CHECK BALANCES FOR MOTOR VEHICLE LICENSE FEES. No. 61 (House Resolution No. 100-396). A Resolution. To authorize the Department of Revenue to write off uncollected check balances covering Motor Vehicle License Fees; and for other purposes. Whereas, during the years 1960, 1961, 1962, 1963, 1964, 1965, 1966, 1967, 1968, 1969 and 1970 certain taxpayers remitted Motor Vehicle License fees to the Department of Revenue by checks, such checks being returned by the banks for insufficient funds and for other reasons; and Whereas, efforts to collect the Motor Vehicle License fee liability represented by such checks have been unsuccessful; and Whereas, such uncollected check balances have been carried in the State Auditor's Report for several years; and Whereas, such uncollected check balances have become dormant and their collection is barred by the Statute of Limitations; and

Page 1556

Whereas, such uncollected check balances representing unpaid Motor Vehicle License Fees are as follows: DATE NAME OF ACCOUNT AMOUNT 3-31-66 Stuckey Truck Line $400.00 3-31-66 Stuckey Truck Line 700.00 3-30-65 John C. Ruis 121.00 7-11-60 Farmer's Products Co., Inc. 164.50 9-28-60 Continental Carpet Cleaners, Inc. 7.00 6-12-61 Vivian J. Pennington 289.75 3-28-62 Robert Burke Transfer Co. 550.00 7-1-62 H. E. Helms 297.00 3-26-62 Hulbert Fulbright 331.00 4-26-63 Manor Auto Sales 6.00 5-3-63 Eugene Nickolsen 90.00 6-21-63 B. C. Trucking Company 91.00 10-10-63 Bill Plyer Mobile Homes 7.00 10-16-63 Thomas Greer 25.00 3-31-64 Barney Burke Transportation Co. 1,750.00 10-20-64 R. M. Tucker 19.00 1-5-65 C. H. Melton 50.00 2-9-65 Jiffy Auto Sales 35.00 3-2-65 ABC Motors, Inc. 50.00 3-9-65 Donald Soltan 54.65 3-15-65 Brown Carter Funeral Serv. 15.00 3-25-65 B. H. Howard 30.00 5-9-65 Judi D. Scott 525.00 6-8-65 Wilson Holmes 150.00 12-2-65 Jesse Groom 267.50 4-24-67 Harry C. Matthews 30.00 9-18-67 William Pumphrey 45.00 11-13-68 Lee Ivie 2.00 4-25-69 Betty Marler 1.00 8-11-69 Geo. F. Reba Tolbert .50 9-9-69 Robert T. Wylde 1.00 12-15-69 Steve Meadows, Jr. 1.00 8-28-70 Mary Gunter .50 11-14-70 Edward Paden, Jr. 10.00 TOTAL $6,116.40 Now, therefore, be it resolved by the General Assembly of Georgia that the Georgia Department of Revenue is

Page 1557

hereby authorized to write off these uncollectible accounts covering Motor Vehicle License fees and the State Auditor is hereby directed to indicate that such accounts have been written off and is directed to no longer carry them in future Audits. Be it further resolved that the Secretary of the Senate is hereby instructed to transmit a copy of this Resolution to the Department of Revenue, the State Auditor, and the State Budget Officer. Approved April 25, 1975. UNIFORM STANDARDS CODE FOR MOBILE HOMES ACT AMENDED. No. 721 (House Bill No. 895). 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), as amended by an Act approved March 21, 1974 (Ga. L. 1974, p. 491), so as to provide for the imposition and collection of taxes, licenses, fees, fines, penalties and other material obligations, prohibitions or restrictions upon mobile home manufacturers or upon the agents or representatives of such manufacturers of certain other states or countries under certain circumstances; to provide for the practices and procedures in connection with the foregoing; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as The Uniform Standards Code for Mobile Homes Act, approved February 12, 1973 (Ga. L. 1973, p. 4), as amended by an Act approved March 21, 1974 (Ga. L. 1974, p. 491), is hereby amended by adding, following section 12, a new section to be designated as section 12A, to read as follows:

Page 1558

Section 12A. Retaliation. When by or pursuant to the laws or rules or regulations of any other state or foreign country, any taxes, licenses and other fees in the aggregate and any fines, penalties or other material obligations, prohibitions or restrictions would be imposed upon mobile home manufacturers domiciled in Georgia, or upon the agents or representatives of such manufacturers which are in excess of such taxes, licenses and other fees, in the aggregate or which are in excess of the fines, penalties or other obligations, prohibitions or restrictions directly imposed upon similar manufacturers, or upon the agents or representatives of such manufacturers of such other state or country under the statutes of this State, so long as such laws of such other state or country continue in force or are so applied, the same taxes, licenses and other fees, in the aggregate, or fines, penalties or other material obligations, prohibitions, or restrictions of whatever kind shall be imposed by the Commissioner upon the mobile home manufacturers or upon the agents or representatives of such manufacturers, of such other state or county doing business or seeking to do business in Georgia. Any tax, license or other fee or other obligation imposed by any city, county or other political subdivision or agency of such other state or country on mobile home manufacturers domiciled in Georgia or their agents or representatives shall be deemed to be imposed by such state or country within the meaning of this section. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1975. STATE PROPERTIES COMMISSION AUTHORIZED TO ACT FOR STATE IN CERTAIN REAL ESTATE TRANSACTION. No. 62 (House Resolution No. 113-434). A Resolution. Authorizing and empowering the State Properties Commission to act for and on behalf of and in the name of the

Page 1559

State of Georgia with respect to certain transactions involving State-owned real property located in Atlanta, Georgia, along the Western and Atlantic Railroad and within an area bounded generally by the following streets, on the southeast by Central Avenue, on the northeast by Decatur Street and Marietta Street, on the northwest by Simpson Street, on the west by Elliott Street and on the southwest by Hunter Street; providing an effective date; and for other purposes. Whereas, the State of Georgia is the owner of certain real property located in Atlanta, Georgia, along the Western and Atlantic Railroad and within an area bounded generally by the following streets: on the southeast by Central Avenue, on the northeast by Decatur Street and Marietta Street, on the northwest by Simpson Street, on the west by Elliott Street and on the southwest by Hunter Street; and Whereas, portions of the Property are currently leased by the State of Georgia to certain parties; and Whereas, the Metropolitan Atlanta Rapid Transit Authority has expressed requirements for portions of the Property in connection with the construction and operation of the proposed MARTA rail system and the MARTA station to be located in the immediate vicinity of the State Capitol and Georgia State University; and Whereas, the City of Atlanta has expressed requirements for portions of the Property in connection with the construction of the proposed Lower Wall Street Connector; and Whereas, the power to deal with and dispose of State real property and interests or estates therein, including the Property, is vested in the General Assembly of the State of Georgia; and Whereas, the General Assembly may and has heretofore delegated, by virtue of Acts and Resolutions of the General Assembly, to certain State departments, agencies,

Page 1560

commissions and boards so much of its aforementioned power as the General Assembly in its wisdom has deemed necessary and appropriate under the circumstances in each instance; and Whereas, it may be in the best interests of the State of Georgia, prior to the next regular session of the General Assembly, to consummate sales, leases, exchanges and other dispositions of the Property and interests or estates therein, and to amend existing leases and other contracts with respect to the Property, in order to satisfy, insofar as is possible, the aforementioned requirements of MARTA and the City; and Whereas, it is the judgment of the General Assembly that the members of the State Properties Commission possess such expertise as to enable the Commission to act for and on behalf of and in the name of the State of Georgia in the negotiation and consummation of such sales, leases, exchanges and other dispositions of the Property and interests or estates therein and the amendment of existing leases and other contracts affecting the Property as may be necessary to satisfy, insofar as is possible, the aforementioned requirements of MARTA and the City. Now, therefore, be it resolved by the General Assembly of Georgia: Section 1. That when the following words appear in this Resolution, they shall have either the meaning or usage hereafter respectively ascribed to them: (a) The word person shall mean person as defined in subsection 91-102a(j) of the State Properties Code of Georgia; (b) The word contract(s) shall include, but not be limited to, instruments or agreements which create and convey an estate for years; (c) The word Property shall mean the State of Georgia-owned real property located in Atlanta, Georgia,

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along the Western and Atlantic Railroad and within an area bounded generally by the following streets: on the southeast by Central Avenue, on the northeast by Decatur Street and Marietta Street, on the northwest by Simpson Street, on the west by Elliott Street and on the southwest by Hunter Street; (d) The word MARTA shall mean the Metropolitan Atlanta Rapid Transit Authority; (e) The word City shall mean the City of Atlanta; and (f) The word Commission shall mean the State Properties Commission created in subsection 91-104a(a) of the State Properties Code of Georgia. Section 2. That the State Properties Commission is authorized and empowered to act for and on behalf of and in the name of the State of Georgia with respect to such transactions involving or affecting the Property as are necessary, in the discretion of the Commission, to achieve the aforementioned objectives, to wit, the satisfaction, insofar as is possible consistent with the best interests of the State of Georgia, of the aforementioned requirements of MARTA and the City. Section 3. That pursuant to such authorization, the Commission is authorized and empowered with respect to the Property and, without the necessity of prior public competitive bidding, to negotiate and enter into contracts, and to negotiate and amend existing contracts, with any person, to sell, lease, exchange and otherwise dispose of or affect the Property, or any lease thereof, or any interest or estate therein, or any portion of the Property, or any lease thereof, or any interest or estate therein. Section 4. That all contracts and contract amendments, sales, leases, exchanges and other dispositions of the Property, or any lease thereof, or any interest or estate therein, or any portion of the Property, or any lease thereof, or any interest or estate therein, authorized by this

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Resolution, shall be approved by the affirmative vote of nine (9) members of the Commission present at a meeting of the Commission. Section 5. That, in determining whether any of the aforementioned authorized transactions shall be, either severally or cumulatively, in the best interests of the State of Georgia, the Commission may consider as elements of benefit to the State of Georgia, in addition to or in lieu of any monetary sums or properties or interests or estates therein to be received by the State of Georgia or the Georgia Building Authority (i.) the improvement of the physical plant of the Western and Atlantic Railroad by removing existing restrictions on railroad operations; (ii.) the relief of traffic congestion in the Capitol Hill Complex area by providing portions of the right-of-way for the possible construction of the Lower Wall Street Connector; (iii.) a direct vehicle or pedestrian ingress and egress to and from the Geo. L. Smith II Georgia World Congress Center; (iv.) the relief of vehicular traffic congestion in the metropolitan Atlanta area; (v.) the assumption of contractual obligations of the State of Georgia, as lessor, to certain of the State's lessees who are leasing portions of the Property; and (vi.) improvements to State-owned or Georgia Building Authority-owned property in the Capitol Hill Complex area made or to be made by MARTA or the City and which improvements are consistent with or in furtherance of the Capitol Hill Master Plan which was secured by the Georgia Building Authority; Provided, that the preceding enumeration of elements of benefit is not exclusive and the Commission may consider other benefits to the State of Georgia. Section 6. That the Commission, without the necessity of prior public competitive bidding and pursuant to such contracts and contract amendments, may sell, lease, exchange and otherwise dispose of or affect the Property, or any lease thereof, or any interest or estate therein, or any portion of the Property, or any lease thereof, or any interest or estate therein.

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Section 7. That the Chairman of the Commission, acting for and on behalf of and in the name of the State of Georgia, is hereby authorized, empowered and directed to execute deeds and other written instruments of conveyance to effect sales, leases, exchanges and other dispositions of the Property, or any lease thereof, or any interest or estate therein, or any portion of the Property, or any lease thereof, or any interest or estate therein, pursuant to such contracts and contract amendments. Section 8. That this Resolution shall become effective immediately upon its approval by the Governor or upon its becoming law without his approval. Approved April 25, 1975. COBB JUDICIAL CIRCUITCOURT REPORTERS' SALARIES CHANGED. No. 724 (House Bill No. 1165). An Act to amend an Act providing for an additional Judge of the Superior Court of the Cobb Judicial Circuit, approved February 16, 1960 (Ga. L. 1960, p. 121), as amended, so as to change the compensation of the fulltime court reporters; to amend an Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, so as to require the payment of certain retirement pension or benefit contributions the Judges of the Superior Court of the Cobb Judicial Circuit are required to pay; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for an additional Judge of the Superior Court of the Cobb Judicial Circuit, approved February 16, 1960 (Ga. L. 1960, p. 121), as amended, is

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hereby amended by striking from the first paragraph of section 9 the following: $9,600.00, and inserting in lieu thereof the following: $10,800.00, so that when so amended, the first paragraph of section 9 shall read as follows: Section 9. The Judges of the Superior Court of the Cobb Judicial Circuit are hereby authorized to employ an official court reporter for each judge. The compensation for each official court reporter is hereby fixed at $10,800.00 per annum. Such compensation shall be paid in equal monthly installments by the authority having charge of the fiscal affairs of Cobb County in the same manner as other county expenses are paid or upon the order of the presiding judges of said circuit. Said salary compensation shall be in lieu of all fees and any other compensation provided by law for attending the superior courts in the county comprising the Cobb Judicial Circuit as directed by the presiding judges of said circuit and the taking down of testimony in the trial of such criminal felony cases as are required by law to be recorded, including a committal court when ordered to do so by said judges at the request of the district attorney of said circuit. Salaries. Section 2. An Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, is hereby amended by inserting, following section 4B, a new section 4C to read as follows: Section 4C. The governing authority of Cobb County shall pay any retirement pension or benefit contribution of each Judge of the Superior Court of the Cobb Judicial Circuit as such judge is required to pay under any general law of the State of Georgia. Judges. Section 3. This Act shall become effective on the first day of the month following the month in which it is approved

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by the Governor or in which it becomes law without his approval. 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 1975 session of the General Assembly of Georgia a bill to amend an Act providing for an additional Judge of the Superior Court of the Cobb Judicial Circuit, approved February 16, 1960 (Ga. L. 1960, p. 121), as amended, so as to authorize the judges of said judicial circuit to employ full-time official court reporters and fix their compensation for their attendance upon the said superior courts and for the taking down of criminal felony cases; to provide definite and uniform compensation to be paid to court reporters for the prepartion of criminal and civil transcripts in the said superior courts; to provide the procedures connected with the foregoing; and for other purposes. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, G. Robert Howard who, on oath, deposes and says that he is Representative from the 19th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: February 21, 28, and March 7, 1975. /s/ G. Robert Howard Representative, 19th District Sworn to and subscribed before me this 11th day of March, 1975. /s/ Susan Gordon, Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal).

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1975 session of the General Assembly of Georgia, a bill to change the compensation of the Judges and the District Attorney of the Cobb Judicial Circuit, and for other purposes. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roy Barnes who, on oath, deposes and says that he is Senator from the 33rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: February 21, 28, and March 7, 1975. /s/ Roy Barnes Senator, 33rd District Sworn to and subscribed before me this 11th day of March, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 25, 1975. STATE PARKS EVALUATION STUDY COMMITTEE CREATED. No. 63 (House Resolution No. 114-434). A Resolution. Creating the State Parks Evaluation Study Committee; and for other purposes. Whereas, several of Georgia's State Parks should be

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reevaluated relative to the benefits derived by the citizens of our State from such parks as compared to the cost involved in maintaining such parks; and Whereas, each State Park should serve a broad cross section of the people of the State as opposed to serving primarily a particular community; and Whereas, certain State Parks should be reevaluated with regard to the facility's being properly designated and operated as a State Park; and Whereas, consideration should be given to the minimum size or number of acres of a facility in order for it to be designated and operated as a State Park. Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created a joint committee to be designated the State Parks Evaluation Study Committee to be composed of 10 members of the General Assembly as follows: the Chairman of the Game, Fish and Recreation Committee of the House of Representatives and four additional members of said Committee appointed by the Chairman thereof; and the Chairman of the Senate Committee on Natural Resources and Environmental Quality and four additional members of said Committee appointed by the Chairman thereof. The Chairman of the Game, Fish and Recreation Committee of the House and the Chairman of the Senate Committee on Natural Resources and Environmental Quality shall serve as Co-Chairmen of the Committee. It shall be the duty of the Committee to reevaluate State Parks and study other matters relative thereto as hereinabove described in this Resolution. Be it further resolved that the Committee shall be authorized to meet such number of days as the Co-Chairmen shall approve, and the Co-Chairmen shall be authorized to appoint any subcommittees of the Committee as may be deemed advisable by them. Each member of the Committee shall be authorized to receive the expenses and allowances provided by law for members of legislative

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interim committees for service on the Committee. Any funds necessary to carry out the provisions of this Resolution shall come from funds appropriated or otherwise available to the legislative branch of the State government. The Committee shall submit a report of its findings and recommendations by not later than December 15, 1975, and the Committee shall stand abolished as of the date the General Assembly convenes in regular session in January, 1976. Approved April 25, 1975. GEORGIA FISCAL NOTE ACT. No. 725 (House Bill No. 1209). An Act to provide a procedure for fiscal notes for certain bills and for a time limitation for the introduction of such bills; to provide a short title; to provide for all procedures, requirements and other matters relative to the foregoing; to repeal specific Acts; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. This Act shall be known and may be cited as the Georgia Fiscal Note Act. Section 2. As used in this Act, retirement bill means any bill relative to any retirement, pension or emeritus system or any other similar system by whatever name called, whether such system provides for membership therein for State, county, municipal or any other political subdivision officials or employees or any other persons. Section 3. (a) Any retirement bill and any bill having the effect of changing the anticipated revenues or expenditure level of any State department, bureau, board, council, committee, commission or other State agency must be introduced in the General Assembly during the first ten days of

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any session thereof. Any such bill introduced after the 10th day of such session shall not be considered or acted upon in any manner by either the Senate or the House of Representatives. The President of the Senate shall decide whether a bill which is introduced in the Senate falls within this category, and the Speaker of the House of Representatives shall decide whether a bill which is introduced in the House of Representatives falls within this category. The President of the Senate shall have the same right of decision on House bills which reach the Senate, and the Speaker of the House of Representatives shall have the same right of decision on Senate bills which reach the House of Representatives. (b) The chairman of the committee to which any such bill is referred shall request the Director of the Office of Planning and Budget and the State Auditor to furnish a fiscal note as to the fiscal effect of any such bill and to file a copy of such fiscal note with the Legislative Budget Analyst. The principal administrative and fiscal officers of all departments, boards, councils, committees, commissions and other agencies of the State government and, when applicable, of counties, municipalities and other political subdivisions are hereby authorized and directed to cooperate fully with the Director of the Office of Planning and Budget and the State Auditor in providing any information and assistance necessary in the preparation of such fiscal notes. (c) If possible, the fiscal note required by subsection (b) hereof shall include a reliable estimate in dollars of the anticipated change in revenue or expenditures under the provisions of the bill. It shall also include a statement as to the immediate effect and, if determinable or reasonably foreseeable, long-range effect of the measure. In the event the bill relates to a retirement or pension fund or system, the fiscal note shall contain an opinion relative to the actuarial effect of such bill. If, after careful investigation, it is determined that no dollar estimate is possible, the statement shall contain a statement to that effect, setting forth the reasons why no dollar estimate can be given. No comment or opinion shall be included in the fiscal note regarding the merits of the measure for which the statement is prepared; however, technical or mechanical defects may be noted. The chairman shall make such requests not later than the day after such bill is referred to his committee, and the

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request shall be complied with by the Director of the Office of Planning and Budget and the State Auditor within five days after receipt of such requests. The State Auditor and the Director of the Office of Planning and Budget shall jointly prepare their fiscal note, and if there is a difference of opinion between such officials, it shall be noted in the fiscal note. In the event the Director of the Office of Planning and Budget and the State Auditor concur that the fiscal note on any such bill cannot be prepared within the five-day limitation, they shall so inform the chairman in writing and shall be allowed to submit said note not later than ten days after the request for it is made. Section 4. (a) With regard to retirement bills, the fiscal notes required by section 3 of this Act 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 said section 3 of this Act 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 State Auditor shall contract for such investigation within ten days of notification to him of such vote. (b) When an actuarial investigation is directed pursuant to subsection (a) 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 (a) of this section, and the bill affects a local retirement, pension or emeritus system or any such

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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. Section 5. The fiscal notes required by this Act shall be attached to the bill by the chairman of the committee to which the bill was referred and shall be read to the members of each respective house of the General Assembly at the third reading of the bill. In addition, a copy of each fiscal note required by this Act shall be distributed to each member of the respective house of the General Assembly before which the bill is pending prior to any such bill being voted upon by such house of the General Assembly. Section 6. 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 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 (a) of section 4 of this Act 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 the House of Representatives, whichever is applicable. Section 7. An Act entitled, An Act to provide that any bill relative to any retirement, pension or emeritus system or any other similar system, must be introduced in the General Assembly during the first ten (10) days of any session thereof; to provide for fiscal notes; to provide the procedure connected with the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes., approved March 16, 1966 (Ga. L. 1966, p. 573), as amended

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by an Act approved April 23, 1969 (Ga. L. 1969, p. 570) and by an Act approved March 28, 1974 (Ga. L. 1974, p. 1414), and an Act entitled, An Act providing the procedure for statements of fiscal explanatin to accompany legislation expending or decreasing the expenditure of any State Funds; to repeal conflicting laws; and for other purposes., approved April 18, 1967 (Ga. L. 1967, p. 711), are hereby repealed in their entirety. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1975. LEASE OF LAND TO CITY OF KENNESAW AUTHORIZED. No. 64 (House Resolution No. 121-472). A Resolution. Authorizing the lease of a certain tract of State-owned property; and for other purposes. Whereas, the City of Kennesaw is desirous of leasing a certain tract of State-owned property; and Whereas, the City of Kennesaw wishes to use such tract for recreational purposes; and Whereas, said tract is more particularly described as follows: All that tract and parcel of land situate, lying and being in Land Lot 129 of the 20th Land District, 2nd Section, of Cobb County, Georgia, and being more particularly described as follows:

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TO FIND THE POINT OF BEGINNING, begin at the intersection formed by the center line of Cherokee Street and the West right-of-way line of the Western and Atlantic Railroad, owned by the State of Georgia, and run Northerly along said West right-of-way line a distance of 2,160 feet to an iron pin, which is the POINT OF BEGINNING (said point of beginning being approximately 88 feet North of Mile Post A. 29): From the point of beginning thus established, running thence North 89 degrees 53 minutes West a distance of 363.3 feet to an iron pin on the East side of Harris Street; running thence Northerly along the East side of Harris Street a distance of 761.4 feet to an iron pin; running thence South 84 degrees 03 minutes East a distance of 897 feet to an iron pin on the West side of the right-of-way of the Western and Atlantic Railroad; running thence Southerly along the West side of the right-of-way of the said Western and Atlantic Railroad a distance of 779.8 feet to the point of beginning; and Whereas, said tract of land is a portion of the Western and Atlantic Railroad; and Whereas, the lease to the City of Kennesaw of said tract will not interfere with nor hinder the operations of said railroad. Now, therefore, be it resolved by the General Assembly of Georgia that the Governor, acting for and in behalf of the State of Georgia, is hereby authorized to lease to the City of Kennesaw the above described tract of land for a period of twenty-five years for and in consideration of the sum of $1.00 per year. Approved April 25, 1975.

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TEACHERS' RETIREMENT SYSTEM ACT AMENDED. No. 727 (Senate Bill No. 29). An Act to amend an Act creating a Retirement System for Teachers, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, particularly by an Act approved April 12, 1968 (Ga. L. 1968, p. 1405), so as to provide additional circumstances under which members of the System may establish prior service credit; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Retirement System for Teachers, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, particularly by an Act approved April 12, 1968 (Ga. L. 1968, p. 1405), is hereby amended by striking from the first sentence of subsection (5B) of section 4 the words one time, and substituting in lieu thereof the words twice after January 1, 1961,, so that when so amended, subsection (5B) of section 4 shall read as follows: (5B) Any current member who was previously a member of the Employees' Retirement System and who withdrew his contributions from the Employees' Retirement System not more than twice after January 1, 1961, may establish the service under the Employees' Retirement System as creditable service under this system, after having at least five (5) years services as a contributing member of this System, provided such member pays into this System an amount equal to the minimum required for continuous members of this System for all such service under the Employees' Retirement System plus any interest that would have accrued on such amount from the date of the withdrawal of contributions from the Employees' Retirement System to the date of payment as provided herein. The Employees' Retirement System shall pay to this System the employer contribution paid to the Employees' Retirement System, plus accrued interest thereon, for any member establishing creditable service, as provided herein, upon receipt of notice

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from this System, and the member applying for such creditable service shall be required to pay, in addition to the employee contribution provided for above, the difference between the employer contribution paid under the Employees' Retirement System and the employer contribution that would have been paid under this System for the period of time covered by the creditable service applied for plus accrued interest thereon. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1975. DOUGHERTY JUDICIAL CIRCUITFURNISHING OF BOOKS AUTHORIZED. No. 66 (House Resolution No. 143-606). A Resolution. Authorizing the State Librarian to furnish the new Judge of the Superior Court of the Dougherty Judicial Circuit with certain books; and for other purposes. Whereas, during the 1974 Session of the Georgia General Assembly, an additional Judge of the Superior Court of the Dougherty Judicial Circuit was authorized; and Whereas, it is necessary that such additional Judge be furnished with a set of Georgia Reports and Georgia Appeals Reports and volumes of the Georgia Laws. Now, therefore, be it resolved by the General Assembly of Georgia that the State Librarian is hereby authorized and instructed to provide the additional Judge of the Superior Court of the Dougherty Judicial Circuit with such

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volumes of the Georgia Reports and Georgia Appeals Reports and Volumes of the Georgia Laws as are available for such purpose. Approved April 25, 1975. COUNTIES AND MUNICIPALITIES PROHIBITED FROM REQUIRING EMPLOYEES TO RESIDE WITHIN. No. 728 (Senate Bill No. 70). An Act to prohibit municipal or county governments from requiring applicants for employment as officers or employees, or officers or employees now or hereafter employed to be residents of the municipality or county; to prohibit the application of certain points, credits or other benefits on behalf of residents to give residents an advantage over nonresidents and to provide for the construction of this Act 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. No municipal or county government in this State shall require as a condition of employment by such government that applicants for employment as officers or employees, or such officers or employees now or hereafter employed must reside within the boundaries of the municipality or county. Section 2. A municipal or county government of this State, in using any merit system examination or other type of examination or evaluation of personnel in connection with application for employment, demotion or discharge of employees or promotion of employees, shall not apply additional points, credits or other benefits to residents of the municipality or county to give such residents an advantage for the purpose of employment or promotion, or disadvantage

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for the purpose of demotion or discharge, over the nonresidents solely on the basis of residency, but this Act shall not be construed to prohibit the choice of a resident over a nonresident when both applicants for employment, or both employees, are equally qualified for the position sought by them or when both employees are equally at fault or ineffective when they are being considered for demotion or discharge from employment. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1975. CONVEYANCE OF LAND TO BALDWIN COUNTY AUTHORIZED, ETC. No. 67 (House Resolution No. 146-606). A Resolution. Authorizing the conveyance of certain real property located in Baldwin County, Georgia; to repeal a Resolution authorizing the conveyance of certain real property located in Baldwin County, approved April 14, 1971 (Ga. L. 1971, p. 848); and for other purposes. Whereas, the State of Georgia is the owner of certain real property located in Baldwin County, Georgia, which is currently under the control and jurisdiction of the Georgia Forestry Commission; and Whereas, said real property is all that tract or parcel of land lying and being in the County of Baldwin, State of Georgia, and more particularly described as follows:

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All of that certain triangular shaped lot, piece or parcel of land, situate, lying and being on and along the northwest side of the Milledgeville to Macon highway, also designated as State Highway Route Number 49, in Land Lot Number 253, of the original First Land District, and in the present 321st Militia District, in Baldwin County, Georgia, the same containing a total of 1.991858 acres, and the same being more specifically described as follows: Beginning at a point located on said northwestern right-of-way line of Georgia State Highway Number 49, the same being marked by a concrete monument set in the ground, and said point being a land corner common to the lands herein described and lands of Baldwin County Board of Education, and said point of beginning being located at the point of junction of a projection of the center line of Sycamore Road, a public street in Allenwood Subdivision, and said northwestern right-of-way line of Georgia State Highway Number 49, thence proceeding North 24 degrees 55 minutes East, along the common land line separating the lands herein described and lands of Baldwin County Board of Education, a distance of 596.62 feet to a point and land corner marked by a pipe monument set in the ground; thence South 13 degrees 40 minutes East, along the common land line separating the lands herein described and that certain 12.11 acre tract of land surveyed for the Georgia State Highway Patrol, a distance of 466.38 feet to a point located on the aforesaid northwestern right-of-way line of Georgia State Highway Number 49; thence South 76 degrees 20 minutes West, along said northwestern right-of-way line of Georgia State Highway Number 49, a distance of 372.08 feet to the point of beginning. The above described parcel of land is more specifically shown on a plat from an actual survey thereof by Calvin W. Rice, Registered Georgia Land Surveyor Number 58, dated February 13th, 1970. Whereas, the above described real property is no longer needed by the Georgia Forestry Commission or the State of Georgia and is, therefore, surplus; and

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Whereas, the Baldwin County Board of Education needs said property for educational 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, 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 Baldwin County Board of Education. (2) That the conveyance of said tract or parcel of land shall be approved by the State Properties Commission or its successor. (3) That the consideration and conditions shall be mutually agreed upon by the State Properties Commission, or its successor, and the Baldwin County Board of Education. Be it further resolved by the General Assembly of Georgia that a Resolution authorizing the conveyance of certain real property located in Baldwin County, approved April 14, 1971 (Ga. L. 1971, p. 848), is hereby repealed in its entirety. Approved April 25, 1975. TEACHERS' RETIREMENT SYSTEM ACT AMENDEDOPTIONS PROVIDED. No. 729 (Senate Bill No. 82). 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. 903), so as to permit certain teachers an option of remaining a member or becoming a

Page 1580

member of a local retirement 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 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. 903), is hereby amended by adding a new paragraph at the end of subsection (4) of section 3, to read as follows: Any other provisions of law to the contrary notwithstanding, if a member with ten or more years creditable service after becoming a member is employed by an employer operating a local retirement fund, his membership does not automatically terminate and he may elect to maintain his membership, rather than participate in the local retirement fund, subject to the same terms and conditions as other members of the system. Section 2. This Act shall become effective upon its approval by the Governor or upon it becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1975. SALE OF PORTION OF W. A. RAILROAD PROPERTY AUTHORIZED. No. 68 (House Resolution No. 150-618). A Resolution. Authorizing the disposal of a tract of State-owned property; and for other purposes.

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Whereas, a portion of the W. A. Railroad property is not required for the purposes of said railroad and is therefore surplus property to the State of Georgia; and Whereas, said tract is more particularly described as follows: ALL THAT TRACT OR PARCEL OF LAND containing 1.5 acres, more or less, lying and being in Land Lot 91 of the 5th District, 3rd Section, Bartow County, Georgia, and being more particularly described as parcel no. 4 of the Western Atlantic Railroad Valuation Map No. V2/24 as filed in the State of Georgia Archives Building, Fulton County, Georgia. Now, therefore, be it resolved by the General Assembly of Georgia that the State Properties Commission, or its successor, acting for and on behalf of the State of Georgia, is hereby authorized to convey the hereinabove described tract of land subject to the following conditions: (1) that said tract of land shall be conveyed to the highest bidder as provided by law; (2) that the conveyance of the said tract of land shall be approved by and the plat of survey be confirmed by the State Properties Commission, or its successor; and (3) that the consideration for said conveyance shall not be less than the highest of two fair and accurate appraisals of the value of said tract of land, which shall be obtained by the State Properties Commission, or its successor. Approved April 25, 1975.

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MOTOR VEHICLESSPEED RESTRICTIONS PROVIDED, ETC. Code Title 68A Amended. No. 730 (Senate Bill No. 83). An Act to amend Georgia Code Title 68A, The Uniform Rules of the Road; to prescribe speed restrictions for any street, roadway, or highway of this State; to provide a basic rule; to provide for maximum speed limits; to provide for the establishment of State speed zones; to provide when local authorities may and shall alter maximum limits; to provide for minimum speed regulation; to provide special speed limitations; to provide for charging violations; to provide for the prohibition of racing on roads; to provide a penalty in connection therewith; to provide an effective date; to provide for severability; to provide a specific repealer; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Georgia Code, Title 68A, The Uniform Rules of the Road, is hereby amended by adding thereto the following, which shall be known as Article VIII: ARTICLE VIII SPEED RESTRICTIONS 68A-801. Basic Rules. No person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard for the actual and potential hazards then existing. Consistent with the foregoing, every person shall drive at a reasonable and prudent speed when approaching and crossing an intersection or railroad grade crossing, when approaching and going around a curve, when approaching and traversing a hill crest, when traveling upon any narrow or winding roadway, and when special hazards exist with respect to pedestrians or other traffic or by reason of weather or highway conditions.

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68A-802. Maximum Limits. Except when a special hazard exists that requires lower speed for compliance with section 68A-801 of this Title, the limits hereinafter specified or established as hereinafter authorized shall be maximum lawful vehicle speeds, and no person shall drive a vehicle at a speed in excess of the following maximum limits: (1) Thirty miles per hour in any urban or residence district. (2) Fifty-five miles per hour in other locations. The maximum speed limits set forth in this section may be altered as authorized in section 68A-803 and 68A-804 of this Title. 68A-803. Establishment of State Speed Zones. Whenever the Commission of Public Safety or the Commissioner of the Department of Transportation shall determine upon the basis of an engineering and traffic investigation that any maximum speed hereinbefore set forth is greater or less than is reasonable or safe under the conditions found to exist at any intersection or other place or upon any part of the State Highway System, said Commissioners may jointly determine and declare a reasonable and safe maximum limit thereat, which shall be effective when appropriate signs giving notice thereof are erected. Such a maximum speed limit may be declared to be effective at all times as are indicated upon the said signs; and differing limits may be established for different times of day, different varying weather conditions, and other factors bearing on safe speeds, which shall be effective when posted upon appropriate fixed or variable signs. In no case shall be maximum speed limit be established at higher than 55 miles per hour. 68A-804. When Local Authorities May and Shall Alter Maximum Speed Limits. (a) Whenever the governing authority of an incorporated municipality or county, in its respective jurisdiction, determines on the basis of an engineering and traffic investigation that the maximum vehicle speed permitted under this Title is greater than is reasonable and safe under the conditions found to exist

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upon a highway or part of a highway under its jurisdiction such authority may determine and declare a reasonable and safe maximum vehicle limit thereon which: (1) Decreases the limit at intersections; or (2) Decreases the limit outside an urban or residence district, but not to less than thirty miles per hour; or (3) Decreases the limit within an urban or residence district but not to less than twenty-five miles per hour; or (4) Decreases any speed limit where a special hazard or condition exists that requires lower speed for compliance with section 68A-801 of this Title. (b) Such an authority in its respective jurisdiction shall determine by an engineering and traffic investigation the proper maximum speed for all arterial streets and shall declare a reasonable and safe maximum limit thereon which may be greater or less than the maximum speed permitted under this Title for an urban district, but in no case shall the maximum be established at higher than 55 miles per hour. (c) Any altered limit established as hereinabove authorized shall be effective at all times or during hours of darkness or at other times as may be determined when appropriate signs giving notice thereof are erected upon such street or highway. (d) Not more than six such alterations as hereinabove authorized shall be made per mile along a street or highway, except in the case of reduced limits at intersections, and the difference between adjacent limits shall not be more than 10 miles per hour. 68A-805. Minimum Speed Regulation. (a) No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation.

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(b) Whenever the Commissioner of Public Safety or the Commissioner of the Department of Transportation of Georgia or local authorities determine on the basis of any engineering and traffic investigation that slow speeds on any part of a road under their respective jurisdictions impede the normal and reasonable movement of traffic, such Commissioners may jointly, or such local authority, may determine and declare a speed limit below which no person shall drive a vehicle except when necessary for safe operation and that limit shall be effective when posted upon fixed or variable signs. 68A-806. Special Speed Limitations. (a) No person shall drive a vehicle over any bridge or other elevated structure constituting a part of a highway at a speed which is greater than the maximum speed which can be maintained with safety to such bridge or structure, when such structure is sign-posted as provided in this section. (b) The Department of Transportation of Georgia may conduct an investigation of any bridge or other elevated structure constituting a part of a highway, and if it shall thereupon find that such structure cannot, with safety to itself, withstand vehicles traveling at the speed otherwise permissible under this Title, said Department shall determine and declare the maximum speed of vehicles which such structure can safely withstand, and shall cause or permit suitable signs before each end of such structure. (c) Upon the trial of any person charged with a violation of subsection (a) of this section, proof of said determination of the maximum speed by said Department and the existence of said signs shall constitute conclusive evidence of the maximum speed which can be maintained with safety to such bridge or structure. 68A-807. Charging Violations. In every charge of violation of any speed regulation in this Title, the summons or notice to appear shall specify the speed at which the defendant is alleged to have driven, also the maximum speed applicable within the district or at the location.

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68A-808. Racing on Highways and Streets. (a) No person shall drive any vehicle on a highway in this State in any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, exhibition of speed or acceleration, or for the purpose of making a speed record, and no person shall in any manner participate in any such race, competition of speed, contest of speed, or test or exhibition of speed. (b) Drag race is defined as the operation of two or more vehicles from a point side by side at accelerated speeds in a competitive attempt to outdistance each other, or the operation of one or more vehicles over a common selected course, from the same point to the same point, for the purpose of comparing the relative speeds or power of acceleration of such vehicle or vehicles within a certain distance or time limit. (c) Racing is defined as the use of one or more vehicles in an attempt to outgain, outdistance, or prevent another vehicle from passing, to arrive at a given destination ahead of another vehicle or vehicles, or to test the physical stamina or endurance of drivers over long distance driving routes. (d) Any person convicted of violating subsection (a) of this section shall be punished as prescribed in section 68A-102 of this Title. In addition, the Department of Public Safety shall suspend the license of any person so convicted for 12 months. Section 2. Effective Date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. Severability. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a

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part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 4. Specific Repealer. (a) The following sections of The Uniform Act Regulating Traffic on Highways, approved January 11, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 556), as amended, and other specified laws, are hereby specifically repealed: Section Repealed as Unofficially Codified in Georgia Code Ann. Title 68 Section and Page Numbers Ga. L. 1953, p. 566 Subject Matters of Repealed Section 1626 (a, b, c, d) 48, p. 577 speed restrictions 1626 (e, f, g, h) added by Section 1 of an Act approved March 17, 1959 (Ga. L. 1959, p. 303), as amended by an Act approved April 15, 1961 (Ga. L. 1961, p. 437) 49, p. 579 racing 1627 49A, added by establishment of State speed zones 1627.1 Section 2 of an Act approved April 12, 1963 (Ga. L. 1963, p. 254) altering speed limits on limited access highways 1628(a) 50, p. 579 when local authorities may alter speed limits 1629 51, p. 580 minimum speed regulations 1630 52, p. 580 special speed limitations on nighttime motor driven cycles 1631 53, p. 580 special speed limitations on elevated structures 1632 54, p. 581 charging violations

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(b) The following law is hereby specifically repealed: An Act approved March 16, 1955 (Ga. L. 1955, p. 736), especially as amended by an Act approved March 16, 1973 (Ga. L. 1973, p. 98; Ga. Code Ann. Sec. 68-1680), authorizing the adoption of State traffic regulations as local ordinances. Section 5. Repeal of Conflicting Laws. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1975. CONVEYANCE OF LAND TO MRS. L. L. STOVALL, JR. AUTHORIZED. No. 69 (House Resolution No. 151-655). A Resolution. Authorizing the conveyance of certain real estate located in Fulton County, Georgia, to Mrs. L. L. Stovall, Jr.; and for other purposes. Whereas, on the 8th day of December, 1937, Mr. L. L. Stovall, Jr. conveyed by right-of-way deed to the State Highway Department of Georgia a certain portion of land on State Route No. 74 in Fulton County, Georgia; and Whereas, said property is more particularly described as follows, to-wit: So much land in the 731st land district of said county as to make a right-of-way for said road as surveyed and measured from the center line of the highway location,

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Station 265 + 94 to Station 285 + 37.3 a strip 150[UNK] wide, containing 6.69 acres. Said area conveyed by the aforementioned deed is recorded in book 1692, p. 17, in the office of the Clerk of the Superior Court of Fulton County and is made a part of the description by reference.; and Whereas, under the terms of the said right-of-way deed there was a condition or representation that in the case the right-of-way is abandoned as a highway location, the same shall revert to the property from which it is taken; and Whereas, in 1964, the State Highway Department of Georgia determined that 1.420 acres more or less of the above described tract of land, Station 276 + to Station 285 + as shown in red by the attached plat dated June 10, 1964, marked Exhibit A, be abandoned for highway location and allowed to revert to the property from which it was taken; and Whereas, on June 29, 1964, the above described property was officially abandoned by the State Highway Department of Georgia, and a document entitled RIGHT-OF-WAY ABANDONMENT was executed by officials of the State Highway Department; and Whereas, said instrument was never recorded by the State or by Fulton County; and Whereas, it is only fitting and proper that the State carry out its responsibilities to the late Mr. L. L. Stovall, Jr. Now, therefore, be it resolved by the General Assembly of Georgia that the Governor, acting for and on behalf of the State of Georgia, be and is hereby authorized and directed to grant and convey to the Heirs of L. L. Stovall, Jr., for and in consideration of the moral and legal obligation of the State and $1.00 in hand paid, all of the rights, titles and interest the State of Georgia has in and to the tract or parcel of land abandoned for right-of-way purposes as described in this resolution, and lying within

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the southwest quadrant of the intersection of Campbellton Road and Cascade-Palmetto Highway, the same being the area defined as approximately 1.033 acres and further shown as that area shaded on the plat which is attached hereto and made a part hereof as Exhibit A. Be it further resolved that the Governor, acting for and on behalf of the State of Georgia and the State Department of Transportation, be and he is hereby further authorized, directed and empowered to execute and deliver deeds or other written instruments that may be necessary and in such form as may be necessary to carry out the provisions of this resolution in order to continue the record claim of title to the tract of land hereinabove described. Approved April 25, 1975. BOARD OF CORRECTIONSPAYMENT FOR EXPENSE OF TRIAL FOR ESCAPE OF INMATE PROVIDED. No. 734 (Senate Bill No. 260). An Act to amend an Act providing that the costs of the case and expenses of the trial involving an inmate of the State Prison system shall be borne by the State Board of Corrections under certain conditions, approved March 11, 1964 (Ga. L. 1964, p. 462), so as to provide that the costs of the case and expenses of the trial for the crime of escape or attempted escape shall be included as one of those offenses for which the State Board of Corrections shall bear the costs and expenses; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing that the costs of the case and expenses of the trial involving an inmate of the State Prison System shall be borne by the State Board of Corrections under certain conditions, approved March 11, 1964

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(Ga. L. 1964, p. 462), is hereby amended by substituting a comma for the period at the end of the first sentence of section 1, and by adding after the comma the following: , or was the crime of escape or attempted escape, so that when so amended, section 1 shall read as follows: Section 1. The whole costs of the case and expenses of the trial involving an inmate of the State Prison System charged with the violation of any criminal statute shall be borne by the State Board of Corrections, provided the offense was committed by such inmate within the confines of the State Prison or a branch of the State Prison System, or was the crime of escape or attempted escape. The costs and expenses of the trial shall include, but shall not be limited to, the cost of the sheriff, bailiff, clerks, jurors, and jail fees, and shall be paid by the State Board of Corrections to be governing authority of the county in which the trial was conducted for proper disposition. Costs. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1975. CONVEYANCE OF EASEMENT OF CERTAIN GWINNETT COUNTY LAND TO GEORGIA POWER COMPANY AUTHORIZED. No. 71 (House Resolution No. 169-829). A Resolution. Authorizing the State Properties Commission to grant and convey to Georgia Power Company, its successors and assigns, easements over, under, across and through certain properties owned by the State of Georgia and located in Gwinnett County, Georgia, for the construction, installation, operation, repair, removal and replacement of transmission

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lines, structures, equipment and improvements to be used in connection with the transmission of electricity and to be built over, under, across or through such State-owned properties; and for other purposes. Whereas, Georgia Power Company, a Georgia corporation, desires to construct lines, structures, equipment and improvements for the transmission of electricity in the vicinity of Rock Quarry Road and Tuggle Road, near the Georgia Training and Development Center in Gwinnett County, Georgia; said lines to be made a part of the transmission line running from Norcross, Georgia, in a Northeasterly direction, terminating at the boundary between the State of Georgia and the State of South Carolina; and Whereas, such lines, structures, equipment and improvements shall require among other things, (a) a right-of-way to be located beneath the transmission lines, (b) reasonable access and passage to and from said right-of-way, (c) structures, lines, equipment and improvements necessary for the transmission of electricity; and Whereas, the State of Georgia claims title to the land in Gwinnett County, Georgia, over, through, across or under which said right-of-way, lines, structures, equipment and improvements are to be constructed. Now, therefore, be it resolved by the General Assembly of Georgia that for and in consideration of the premises the sum of NINE THOUSAND, EIGHTY-SEVEN DOLLARS ($9,087.00), the State Properties Commission, for and on behalf of the State of Georgia, is hereby authorized to convey to Georgia Power Company, a Georgia corporation, its successors and assigns, easements, with the right and privilege for itself, its successors and assigns, to use, occupy, employ and enjoy for the purposes of constructing, installing, operating, maintaining, repairing, removing and replacing any and all lines, structures, equipment facilities and improvements which shall be reasonably necessary for or used in connection with the transmission of the electricity, the tracts hereafter described:

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TRACT NO. 1 All that tract or parcel of land situate, lying and being Puckett 1397 G.M.D. Head Rights, Gwinnett County, Georgia. BEGINNING on the Southerly right-of-way line of Tuggle Road at a point 1163.8 feet as measured North 76 21[UNK] West along the said Southerly right-of-way line of Tuggle Road from its intersection with the Westerly right-of-way line of Rock Quarry Road; thence from said POINT OF BEGINNING South 55 19[UNK] West 886.74 feet to the center of a creek and lands of Credico, Inc.; thence in a general Westerly direction along the centerline of said creek, the centerline of said creek being the dividing line between lands of Credico, Inc. and lands of the Grantor herein 323.7 feet to a point; thence North 55 19[UNK] East 1014.42 feet to a point on the Southerly right-of-way line of Tuggle Road; thence South 76 21[UNK] East along the Southerly right-of-way line of Tuggle Road 200.80 feet to the POINT OF BEGINNING. TRACT NO. 2 All that tract or parcel of land situate, lying and being in Puckett 1397 G.M.D. Head Rights, Gwinnett County, Georgia and being more particularly described as follows: BEGINNING at an iron pin corner common to lands of J. Harold Harrison and lands of the Grantor herein, said corner being located on the Westerly right-of-way line of Rock Quarry Road; thence from said POINT OF BEGINNING in a Southerly direction along the said Westerly right-of-way line of Rock Quarry Road 1.10 feet to a point; thence South 54 51[UNK] West 3.75 feet to lands of J. Harold Harrison; thence North 41 25[UNK] East along the dividing line between lands of J. Harold Harrison and lands of the Grantor herein 4.31 feet to the POINT OF BEGINNING. TRACT NO. 3 All that tract or parcel of land situate, lying and being in Puckett 1397 G.M.D. Head Rights, Gwinnett County,

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Georgia and being more particularly described as follows: BEGINNING at an iron pin corner common to lands of Agnew Andrews, Jr., lands of Morris Newman, lands of W. Ray Morgan and lands of the Grantor herein; thence from Said POINT OF BEGINNING South 52 03[UNK] East along the dividing line between lands of W. Ray Morgan and lands of the Grantor herein 104.51 feet to a point; thence South 54 51[UNK] West 374.79 feet to a point on the Easterly right-of-way line of Rock Quarry Road; thence in a Northerly direction along the said Easterly right-of-way line of Rock Quarry Road 30.17 feet to lands of J. Harold Harrison; thence North 42 21[UNK] East along the dividing line between lands of J. Harold Harrison and lands of the Grantor herein 103.98 feet to a rock corner and lands of Agnew Andrews, Jr.; thence continuing North 42 21[UNK] East along the dividing line between lands of Agnew Andrews, Jr. and lands of the Grantor herein 234.54 feet to the POINT OF BEGINNING. Approved April 25, 1975. CONVEYANCE OF LAND TO WALKER COUNTY AUTHORIZED. No. 72 (House Resolution No. 172-836). A Resolution. Authorizing the conveyance of certain real property located in Walker County, Georgia; and for other purposes. Whereas, the State of Georgia is the owner of certain real property located in Walker County, Georgia, which is currently under the control and jurisdiction of the State Forestry Commission; and Whereas, said real property is more particularly described as follows, to wit:

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All that tract or parcel of land lying and being in the Seventh (7th) District and Fourth (4th) Section of Walker County, Georgia and being a part of Original Land Lot No. 98, in said district and section described as follows: To locate the beginning point of the lands herein conveyed measure South 10 degrees 30 minutes West a distance of 381 feet from the original Northeast corner of said Land Lot No. 98 to the Northeast corner of the Lee Caldwell property; thence measure South 85 degrees 45 minutes West a distance of 1034 feet to the West right-of-way line of the LaFayette-Summerville Public Highway known as the Dixie Highway and designated as U.S. Highway No. 27, this being the beginning point of the tract of land herein conveyed; thence from said beginning point of the tract of land herein conveyed due North a distance of 147 feet along the West right-of-way line of said LaFayette-Summerville Public Highway; thence due West a distance of 147 feet; thence due South a distance of 147 feet; thence due East a distance of 147 feet to the point of beginning, containing one-half () acre, more or less. All as shown by survey prepared by Frank Craven, Assistant District Forester of Georgia Forestry Commission, attached hereto and made a part hereof, being the same property deeded to the State of Georgia by Fay B. Murphy, Sr., Commissioner of Walker County, State of Georgia, Grantor to Georgia Forestry Commission, Grantee, recorded in Deed Book No. 149 at page 87 of the Records of Walker County Georgia.; and Whereas, the above described real property is no longer needed by the State Forestry Commission or the State of Georgia, and is, therefore, surplus; and Whereas, Walker County is desirous of obtaining said real property. 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 real property subject to the following conditions:

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(1) that the said tract of land shall be conveyed to the governing authority of Walker County; and (2) that the conveyance of said tract of land shall be approved by the State Properties Commission, or its successor; and (3) that the conveyance of said tract of land shall be for consideration as determined by the State Properties Commission, or its successor, and in the determination of said consideration for the conveyance of said tract of land the State Properties Commission, or its successor, may consider the benefit to the public of the proposed public use of said tract of land in lieu of any other method of determining the consideration; and (4) that the conveyance of said tract of land shall be upon such terms and conditions as may be mutually agreed upon by the governing authority of Walker County and the State Properties Commission, or its successor. Approved April 25, 1975. MOTOR VEHICLE CERTIFICATE OF TITLE ACT AMENDED. No. 735 (Senate Bill No. 292). An Act to amend an Act entitled the Motor Vehicle Certificate of Title Act, approved March 3, 1961 (Ga. L. 1961, p. 68), as amended, relating to the issurance of certificates of title for motor vehicles, so as to provide that a person who disposes of a vehicle as wreckage or salvage or who scraps, dismantles or destroys a vehicle shall not be required to submit to the commissioner, the manufacturer's serial plate; to increase criminal penalties for failure to deliver a certificate of title of any vehicle which has been disposed of as wreckage or salvage or which has been

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scrapped, dismantled or destroyed; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled the Motor Vehicle Certificate of Title Act, approved March 3, 1961 (Ga. L. 1961, p. 68), as amended, relating to the issuance of certificates of title for motor vehicles, is hereby amended by striking section 20 of said Act, relating to acts required by owners and the commissioner upon scrapping, dismantling, or destroying vehicles, and inserting in lieu thereof a new section 20, to read as follows: Section 20. (a) An owner or any authorized agent of an owner who sells or in any manner disposes of a vehicle as wreckage or salvage, or who scraps, dismantles or destroys a vehicle, shall within 72 hours mail or deliver the certificate of title to the commissioner for cancellation. A certificate of title shall not again be issued except upon application containing the information the commissioner requires: Provided, however, that for the purposes of this section a vehicle to which an insurance company has taken title in the settlement of a claim for damages to such vehicle by fire, collision, or other causes shall be held and deemed to be wreckage or salvage and such insurance company shall be held and deemed to be the owner of such vehicle. Any agent of any owner or any insurance company who wilfully fails to comply with this section shall be punished as for a violation of this section. No person shall purchase, acquire in any manner, or posses, except as herein provided, a certificate of title for a vehicle which has been sold or disposed of as salvage or wreckage or a vehicle which has been scrapped, dismantled or destroyed. (b) All military, government or industrial vehicles, trucks or trailers which are reconditioned, rebuilt or remanufactured in this State, for sale, shall be entitled to receive a certificate of title, from the commissioner, based upon the date of reconditioning, rebuilding or remanufacturing. The person reconditioning, rebuilding, or remanufacturing said military, government or industrial vehicles, trucks

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or trailers shall be required to furnish to the commissioner the information required in accordance with section 68-408a: Provided, further, that the original date of manufacture or model year of said reconditioned, rebuilt or remanufactured military, government or industrial vehicle, truck or trailer shall not be used for the certificate of title, but the date said military, government or industrial vehicle, truck or trailer was reconditioned, rebuilt or remanufactured shall be used by the commissioner for the purpose of issuing a certificate of title: Provided, however, that nothing herein contained in this subsection (b) shall give any person the right to receive a certificate of title on any reconditioned, rebuilt or remanufactured passenger automobile not otherwise provided for in this Chapter. Section 2. Said Act is further amended by striking section 31 of said Act, relating to offenses, in its entirety and inserting in lieu thereof a new section 31, to read as follows: Section 31 (a). Felonies. A person who, with fraudulent intent: (1) alters, forges or counterfeits a certificate of title; (2) alters or forges an assignment of a certificate of title, or an assignment or release of a security interest, on a certificate of title or a form the commissioner prescribed; (3) has possession of or uses a certificate of title knowing it to have been altered, forged or counterfeited; (4) uses a false or fictitious name or address or makes a material false statement, or fails to disclose a security interest, or conceals any other material fact, in an application for a certificate of title; (5) alters or forges a notice of a transaction concerning a security interest or lien reflected on the certificate of title as provided by subparagraph (d) of section 68-412a; (6) wilfully violates any other provision of this Chapter after having previously violated the same or any other provision

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of this Chapter and having been convicted of that act in a court of competent jurisdiction; is guilty of a felony. (b) Misdemeanors. A person who: (1) with fraudulent intent, permits another, not entitled thereto, to use or have possession of a certificate of title; (2) wilfully fails to mail or deliver a certificate of title to the commissioner or a release of security interest to the owner within ten days of the time required by this Chapter; (3) wilfully violates any other provision of this Chapter, except as provided in subsection (a); (4) wilfully fails or refuses to mail or deliver the certificate of title to the commissioner within ten days after having received a notice as provided for in subsection (e) of section 68-421a or subsection (d) of section 68-412a; is guilty of a misdemeanor. (c) Persons taking action affecting title to vehicle after receiving notice of lien. Any person who shall wilfully and knowingly take any action affecting the title to a vehicle other than as provided in section 68-421a after having received a notice of lien as provided in section 68-421a is guilty of a misdemeanor. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1975.

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CONVEYANCE OF LAND TO THE ESTATE OF A. W. TAYLOR AUTHORIZED. No. 73 (House Resolution No. 206-875). A Resolution. Authorizing the conveyance of a certain tract of State-owned property; and for other purposes. Whereas, the State of Georgia purchased from Mr. A. W. Taylor a certain tract of property in Bartow County; and Whereas, the deed granting the original conveyance contained a reversionary clause; and Whereas, it was subsequently necessary to obtain fee simple title of the property conveyed to Mr. Taylor; and Whereas, said tract of land has now been abandoned by the State of Georgia and is no longer being used for the purposes originally intended; and Whereas, said tract of land is more particularly described as follows: All that tract or parcel of land lying and being in land lot Five Hundred Seven in the Seventeenth District and Third Section as follows: Beginning at the southwest corner of land lot Five Hundred Seventy-four in said Seventeenth District and Third Section of said County and running thence North twenty-five degrees thirty minutes east Fifteen Hundred feet to an iron stake; thence North sixty degrees thirty minutes East eighty-seven feet to a point in land lot Five Hundred Seven, said seventeenth District and Third Section of said County, which point is the Southwest corner of the tract of land hereby conveyed; thence running due East One Hundred Fifty feet; thence running due North One Hundred feet; thence running due West One Hundred Fifty feet; thence running due South One Hundred feet to a point which point

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is the Southwest corner of the said tract of land hereby conveyed; said tract of land containing three-tenths of an acre of land; said tract of land hereby conveyed being part of the same tract of land bought by A. W. Taylor in September 1938 as shown by deed recorded in Deed Book Seventy-four page Four Hundred Fifty-two, Clerk's Office Superior Court of Bartow County, Georgia; together with the right of ingress and egress to said tract of land as is now located by a road leading from the Taylorsville-Rome Highway Public Road. 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 and directed to convey to the estate of A. W. Taylor the hereinabove tract of land for such nominal consideration as the State Properties Commission shall deem appropriate under the circumstances. Approved April 25, 1975. TEACHERS' RETIREMENT SYSTEM ACT AMENDED. No. 736 (Senate Bill No. 101). 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 15, 1969 (Ga. L. 1969, p. 391), so as to provide for an additional postretirement benefit adjustment; 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. An Act establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, particularly by an Act approved April 15, 1969 (Ga. L. 1969, p. 391), is hereby amended by adding at the

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end of paragraph (d) of subsection (2) of section 5 the following paragraph: In addition to the postretirement benefit adjustments hereinabove provided, the Board of Trustees shall make annual determinations of the percentage changes in the Consumer Price Index for Georgia, and whenever the Consumer Price Index increase, as determined by the Board of Trustees, is in excess of the adjustments made by the Board of Trustees during the year being reviewed, the Board shall additionally approve a further adjustment not to exceed 3% of the benefit as adjusted. In no case, however, shall the total adjustments exceed the percentage increase in the Consumer Price Index for that year. The funds to cover the cost of these additional increases shall be provided in the same manner as funds are provided for the retirement system under the provisions of subsection (4) of section 8 of this Act. Section 2. This Act shall become effective whenever the General Assembly appropriates the necessary funds to implement the provisions of this Act. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1975. CERTAIN PROPERTY ABANDONED IN CITY OF BRUNSWICK FOR USE BY BRUNSWICK PORT AUTHORITY. No. 75 (House Resolution No. 243-984). A Resolution. Abandoning certain property in the City of Brunswick, Glynn County, Georgia, for use by the Brunswick Port Authority; and for other purposes.

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Whereas, the Brunswick Port Authority executed on the 20th day of January, 1953, a deed of conveyance transferring a tract of land in Glynn County, Georgia, to the State Highway Department of Georgia for the purpose of construction of a roadway known as project No. FI 009-2 which was part of the State Aid Road System of Georgia, said tract of land being conveyed for the purpose of making a right-of-way for the aforesaid road; and Whereas, such property is now in the custody of the State Department of Transportation, formerly the State Highway Department, with certain portions being utilized for right-of-way purposes; and Whereas, said right of way deed contained the following reservation and conditions: In case the right-of-way is abandoned as a highway location, same shall revert to the property from which it is taken; and Whereas, the Brunswick Port Authority in pursuance of its public purpose has determined that a certain portion of said tract is not being utilized for right-of-way purposes and will be useful to said authority in furtherance of the development of the Brunswick Port and the Brunswick and Glynn County Community; and Whereas, the Department of Transportation for the State of Georgia and Federal Highway Administration have determined that said tract of land requested by the Brunswick Port Authority is no longer needed for right-of-way purposes and that the same needs to be abandoned; and Whereas, such property is described as follows: All of that certain lot, tract, or parcel of land shaped in a triangle and located in the northwest corner of the intersection of Second Avenue (U. S. Highway 341) and U. S. Highway 17 being bounded as follows:

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ON the East by a line parallel to and distant 150 feet from the center line of U. S. Highway 17; and on the South by a line parallel to and distant 150 feet from the center line of Highway 341 (also known as Second Avenue); and on the Northwest by a line parallel to and distant 50 feet from the center line of Lanier Boulevard; said tract containing approximately 4.22 acres of land and being part of the overall tract of land conveyed by the State Highway Department of Georgia Right-of-Way deed by the Brunswick Port Authority to the State Highway Department on said date, the same being recorded on May 3, 1953, in Deed Book 7-G in the Clerk's office of Glynn Superior Court; and Whereas, there is hereby reserved from this abandonment and conveyance the right of access to U. S. Highway 17 from said property unless the same is approved by the Department of Transportation of the State of Georgia. Now, therefore, be it resolved by the General Assembly of Georgia that the aforesaid property is hereby expressly abandoned by the State of Georgia, and it is hereby expressly resolved that said property may be used by the Brunswick Port Authority for any purpose authorized. Be it further resolved that the Department of Transportation of the State of Georgia be and is hereby authorized and directed to grant and convey, by the appropriate instrument, to the Brunswick Port Authority for $1.00 and other valuable consideration, all of the right, title and interest the State of Georgia has in and to the aforementioned property abandoned for right-of-way purposes, as described in this resolution. Be it further resolved that the Clerk of the House of Representatives is hereby directed to transmit a copy of this resolution to the Commissioner of the Department of Transportation of the State of Georgia and to the appropriate authorities within the Federal Highway Administration and to all interested parties. Approved April 25, 1975.

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GEORGIA WARM SPRINGS HOSPITALSURPLUS FUNDS AUTHORIZED TO BE HELD AS WORKING CAPITAL. No. 737 (Senate Bill No. 321) An Act to provide that surplus funds designated as reserve funds accruing at the Georgia Warm Springs Hospital in any fiscal year shall not lapse to the State Treasury, but may be reserved by the Hospital as working capital. Such reserve shall be cumulative, but shall not exceed the total sum of one million dollars ($1,000,000); to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Surplus funds designated as reserve funds accruing at the Georgia Warm Springs Hospital in any fiscal year shall not lapse to the State Treasury, but may be reserved by the Hospital as working capital. Such reserve shall be cumulative, but shall not exceed the total sum of one million dollars ($1,000,000); provided, however, that such funds shall not be used to initiate any new and recurring obligations. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1975. CONVEYANCE OF EASEMENT TO WILLIAM MULL AUTHORIZED. No. 76 (House Resolution No. 245-992). A Resolution. Authorizing the conveyance of a certain State-owned easement for highway purposes; and for other purposes.

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Whereas, the State of Georgia is the owner of an easement for highway purposes located in Towns County, Georgia, which easement is under the control and jurisdiction of the Department of Transportation, an agency of the State of Georgia; and Whereas, the easement is of such a peculiar size and shape as to be of no value as a highway location, and has been declared surplus to the needs of the Department of Transportation; and Whereas, Mr. William Mull of Hiawassee, Georgia, is the holder of fee simple title to the property subject to this easement and desires to acquire the easement to clear the title to his property; and Whereas, the property subject to this easement is more particularly described as follows: All that tract or parcel of land lying and being in G.M.D. 833 of Towns County, Georgia, being more particularly described as follows: BEGINNING on the existing west right of way line of County Road at a point sixty (60) feet north of and opposite Station 281+66 on the survey center line of State Route 2 of Georgia Highway Project F-058-1 (6); running thence westerly along a line which is sixty (60) feet north of and parallel to said survey center line to a point opposite Station 279+91.2; thence northerly along a straight line to a point seventy (70) feet north of and opposite said Station 279+91.2; thence westerly along a line which is seventy (70) feet north of and parallel to said survey center line to a point opposite Station 279+20; thence northerly along a straight line to a point one hundred ten (110) feet north of and opposite said Station 279+20; thence easterly along a line which is one hundred ten (110) feet north of and parallel to said survey center line to a point opposite Station 280+23.5; thence southeasterly along a straight line to a point eighty (80) feet north of and opposite Station 280+37 on said survey center line; thence northeasterly along a straight line to

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the intersection on said existing west right of way line at a point two hundred fifteen (215) feet north of and opposite Station 281+80 on said survey center line; thence southerly along said west right of way line back to the point of beginning. Now, therefore, be it resolved by the General Assembly of Georgia that the Governor, acting for and on behalf of the State of Georgia, is hereby authorized and directed to convey the above described easement to Mr. William Mull of Hiawassee, Georgia, subject to the following conditions: (1) that the conveyance of said easement be approved by the State Transportation Board; and (2) that the conveyance of said easement be for the consideration of the sum of ten (10) dollars. Approved April 25, 1975. EASEMENT TO CITY OF LAGRANGE AUTHORIZED. No. 77 (House Resolution No. 298-1081). A Resolution. Authorizing the conveyance of an easement over certain State-owned property; and for other purposes. Whereas, the State of Georgia is the owner of an easement for highway purposes located in the City of La-Grange, Troup County, Georgia, which land is under the control and jurisdiction of the Department of Transportation, an agency of the State of Georgia; and Whereas, a portion of this land has been declared surplus to the needs of the Department of Transportation by a resolution signed by the Commissioner on the 24th day of February, 1975; and

Page 1608

Whereas, the City of LaGrange previously deeded the tract of land which contains the land that has been declared surplus to the needs of the Department of Transportation and desires to acquire an easement over this land which is now surplus to the needs of said Department; and Whereas, the property contained in the easement desired to be acquired is described as follows: That area shown colored in Red on attached plat consisting of a ten (10) foot driveway extending from Cary Street in a Westerly and Northwesterly direction to an additional area colored in Red at the end of the access drive which lies adjacent to a portion of the South line of Grantees property and has an approximate dimension size (6) feet by one hundred and thirty-five (135) feet. Now, therefore, be it resolved by the General Assembly of Georgia that the Department of Transportation, an agency of the State of Georgia, acting for and on behalf of the State of Georgia, is hereby authorized to convey the above-described easement subject to the following conditions: (1) that said easement be conveyed to the City of LaGrange, a municipal corporation of the State of Georgia; and (2) that the conveyance of said easement be approved by the Department of Transportation and be upon such terms and conditions as may be imposed by the Department of Transportation; and (3) that the conveyance of said easement be for such consideration as may be mutually agreed upon by the City of LaGrange and the Department of Transportation. Approved April 25, 1975.

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CONVEYANCE OF EASEMENT TO CITY OF WINDER AUTHORIZED. No. 78 (House Resolution No. 299-1092). A Resolution. Authorizing the Governor on behalf of the State of Georgia to convey to the mayor and council of the City of Winder, a municipal corporation, an easement for the purpose of expanding the city waste treatment facility over and through property in Barrow County, Georgia, owned by the State of Georgia and operated as a part of Fort Yargo State Park, Winder, Barrow County, Georgia; and for other purposes. Whereas, the mayor and council of the City of Winder are desirous of obtaining from the State of Georgia an easement over a portion of land owned by the State of Georgia; and Whereas, the mayor and council of the City of Winder desire to acquire an easement to expand the city waste treatment facility; and Whereas, the expansion of such waste treatment facility at such location will not interfere with any other legitimate use of said property. 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 to convey to the mayor and council of Winder, its successors and assigns, in consideration of the premises and the sum of one dollar ($1.00) an easement for the expansion of the city waste treatment facility over, through, under and along the following described property, to wit: All that area of land amounting to 39,200 square feet, which said land lies between the property now under perpetual easement to the City of Winder and Marbury Creek

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located within the Fort Yargo State Park, Barrow County, Georgia. Be it further resolved that the said easement shall be granted subject to the following conditions: (a) That the mayor and council of Winder will indemnify the State of Georgia against any claim of damage arising by reason of any injuries to persons or property resulting from the negligent construction, operation, maintenance or removal of said expanded waste facilities. (b) That the mayor and council of Winder shall not assign or transfer any right to be granted to it pursuant to this resolution, to another without obtaining the approval of the State Department of Natural Resources. (c) That the State of Georgia may use said premises in common with the mayor and council of Winder for any purpose not inconsistent with or obstructive of the right to be granted to the mayor and council of Winder, pursuant hereto. Approved April 25, 1975. CONVEYANCE OF EASEMENT TO CITY OF WINDER AUTHORIZED. No. 79 (House Resolution No. 303-1121). A Resolution. Authorizing the granting of an easement over a certain tract of State-owned property; and for other purposes. Whereas, the Winder-Barrow Airport is desirious of obtaining an easement over a certain tract of State-owned property in order that certain Federal grants may be obtained to provide for improvements to said airport; and

Page 1611

Whereas, the City of Winder and Barrow County jointly own said airport; and Whereas, the granting of an easement will not interfere with the use presently made of such State-owned property; and Whereas, the tract of land over which the easement is desired is more particularly described as follows: All that tract and parcel of land lying within Barrow County which is located within the Winder-Barrow County Airport as follows: BEGINNING at a point which would be formed by the intersection of the western boundary of Taxiway A and the northern boundary of the unlettered Taxiway which lies immediately north of runway 4-22, if such boundaries were extended to the point of intersection; thence proceeding south 45 degrees, 19 minutes west for a distance of 75.55 feet along the northern boundary of said unlettered Taxiway to a point; thence north 51 degrees, 36 minutes west for a distance of 1165.55 feet along a line parallel to the western boundary of Taxiway A to a point; thence north 49 degrees, 26 minutes east to a point which intersects the western boundary of Taxiway A; thence south 51 degrees, 36 minutes east for a distance of 1060 feet along the western boundary of said Taxiway A to the POINT OF BEGINNING. Now, therefore, be it resolved by the General Assembly of Georgia that the State Properties Commission is hereby authorized in behalf of the State of Georgia to grant to the City of Winder and Barrow County an easement over the hereinabove described tract of State-owned property under such terms and conditions as the State Properties Commission and the City of Winder and Barrow County shall agree to. Approved April 25, 1975.

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PUBLIC TELEVISION STUDY COMMITTEE CREATED. No. 80 (House Resolution No. 305-1124). A Resolution. Creating the Public Television Study Committee; and for other purposes. Whereas, the University System of Georgia and the Georgia State Department of Education both provide public television services to the people of Georgia and this would seem to create a duplication of efforts within State government; and Whereas, this duplication of effort would seem to preclude the most efficient and economical distribution of public television services to the people of Georgia; and Whereas, it has recently been demonstrated that there is a lack of cooperation between the two agencies of State government providing these television services. Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created a joint committee to be designated the Public Television Study Committee, to be composed of three members of the House of Representatives to be appointed by the Speaker of the House and three members of the Senate to be appointed by the President of the Senate. The Executive Director of the Georgia Educational Television Network and the Executive Director of the University of Georgia Public Television Station shall assist the committee and shall along with their respective staffs gather source material for the committee and invite knowledgeable people to appear before the committee. The committee shall conduct a study of the State's public television efforts which may include the following areas: (a) review of the current management system being implemented in Georgia;

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(b) review of management systems being utilized in other states; and (c) consideration of alternative management systems which could be utilized in Georgia. The committee may recommend legislation which is needed, if any, which would insure the most efficient and economical distribution of public television services to the people of Georgia and shall report to the General Assembly the cost of implementing any legislation recommended by the committee. Be it further resolved that each member of the committee shall receive the expenses and allowances provided by law for legislative members of interim legislative committees, but shall receive the same for not more than 10 days unless additional days are authorized by the cochairmen. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to or available to the legislative branch of government. The committee shall make a report of its findings and recommendations on or before the date the General Assembly convenes in regular session in January 1976, at which time the committee shall stand abolished. Approved April 25, 1975. CONVEYANCE OF LAND TO FULTON COUNTY AUTHORIZED. No. 81 (House Resolution No. 306-1138). A Resolution. Authorizing the conveyance of certain State-owned real property located in Fulton County, Georgia, to Fulton County; and for other purposes. Whereas, the State of Georgia, Department of Natural Resources, for State Park and related purposes acquired

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through its Georgia Heritage Trust program, with Federal Land and Water Conservation Fund assistance, and is now the owner of, 142.0 acres of land located in Fulton County in the Island Ford Area of the Chattahoochee River Corridor; and Whereas, the Department has determined that a certain small portion of said 142.0 acres lies outside the area of main development for the State Park and will therefore be undeveloped and unused; and Whereas, Fulton County has determined that this small portion can be used for local public recreational purposes and has expressed an interest in obtaining fee simple ownership thereof; and Whereas, said small portion of land consists of approximately 11.7 acres, being more particularly described as follows: All that tract or parcel of land lying and being in Land Lot 365 of the 6th District, Fulton County, Georgia, being more particularly described as follows: BEGINNING at the point at which the northeastern right-of-way line of Old Roberts Drive intersects the northwestern right-of-way line of Island Ferry Road; thence running southwesterly 205 feet, more or less, to a point on the northeastern right-of-way line of Roberts Drive, said point being 344.0 feet southerly along the northeastern right-of-way line of Roberts Drive from its intersection with the southwestern right-of-way line of Old Roberts Drive; thence running northeasterly along the northeastern right-of-way line of Roberts Drive and an extension thereof, 454 feet, more or less, to the point where the northeastern right-of-way line of Roberts Drive, as extended, intersects the northeastern right-of-way line of Old Roberts Drive, thence running in a northwesterly and northerly direction along a line which follows the curvature of a northeastern right-of-way line of Roberts Drive a distance of 573.2 feet to a point; running thence N 83 deg. 4[UNK]50[UNK] E. 768.8 feet to an iron pin found;

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running thence S 05 deg. 59[UNK]40[UNK] W. 303.3 feet to an iron pin found; running thence S 65 deg. 15[UNK]20[UNK] E. 225.5 feet to an iron pin found on the northwestern right-of-way line of Island Ferry Road; running thence in a southwesterly direction along the northwestern right-of-way line of Island Ferry Road and following the curvature thereof a distance of 671.0 feet to the point of beginning; less and except therefrom, any portion of the above described property within the right-of-way of Old Roberts Drive; and Whereas, the above mentioned federal assistance in the acquisition of the above described land makes its use and disposition subject to certain rules and regulations specified in the Land and Water Conservation Fund Act, P. L. 88-578, as amended; and Whereas, Fulton County upon obtaining said land will be made subject to compliance with said rules and regulations; and Whereas, Fulton County has indicated its intentions to develop and use said land for much needed local recreational facilities in a manner compatible with the adjacent planned State Park; 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. 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 above described property to Fulton County, Georgia, under the following conditions: 1. That the land is to be used for public recreational purposes only and will be open to all the citizens of the State. 2. That said conveyance shall be in accordance with the procedures established by law.

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3. That the consideration for such conveyance shall be as follows: A. That Fulton County will develop the above described land for public recreational purposes. B. Ten Dollars ($10.00) and other good and valuable consideration. Be it further resolved that the Governor, acting for and on behalf of the State of Georgia, be and he is hereby authorized and empowered to execute and deliver deeds or other written instruments that may be necessary and in such form that may be necessary to carry out the provisions of this Resolution. Approved April 25, 1975. JAMES H. SLOPPY FLOYD STATE PARK NAMED. No. 82 (House Resolution No. 310-1151). A Resolution. Renaming the Chattooga Lakes State Park as the James H. `Sloppy' Floyd State Park; and for other purposes. Whereas, on Friday, December 20, 1974, the members of the General Assembly and the citizens of the State of Georgia lost an outstanding friend with the untimely passing of Honorable James H. Sloppy Floyd, the distinguished Representative from Chattooga County; and Whereas, Sloppy, as he was known by his countless friends, served with distinction as a member of the House of Representatives from 1953 until his untimely death; and Whereas, throughout his service as a member of the House of Representatives and as Chairman of Appropriations

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Committee, he worked diligently and with untiring dedication to foster and maintain a program of sound fiscal management for the State; and Whereas, he constantly fought to improve the quality of the services which the State provides to its Citizens and the manner in which those services are provided; and Whereas, it is the desire of the members of this Body to recognize the achievements and accomplishments of this outstanding and distinguished Georgian and American. Now, therefore, be it resolved by the General Assembly of Georgia that the Chattooga Lakes State Park is hereby named and designated as the James H. `Sloppy' Floyd State Park. 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 Mrs. James H. Sloppy Floyd, to the Commissioner of the State Department of Natural Resources, and to the Governor. Approved April 25, 1975. CONVEYANCE OF EASEMENT TO CITY OF ATLANTA AUTHORIZED. No. 83 (House Resolution No. 347-1177). A Resolution. Authorizing the grant of a permanent nonexclusive easement over, across, through and under certain State-owned real property located in Fulton County, Georgia; and for other purposes. Whereas, the State of Georgia is the fee owner of certain real property located in Land Lot 78 of the 14th

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District of Fulton County, Georgia, which real property includes that certain real property hereinafter designated as the Easement Area; and Whereas, the City of Atlanta is desirious of obtaining a permanent nonexclusive easement for the purpose of a subsurface storm and sanitary sewer line over, across, through and under a certain strip of the real property owned in fee by the State of Georgia (hereinafter called the Easement Area); and Whereas, the Easement Area shall be a strip of land twenty (20) feet in width [ten (10) feet on either side of the center line] located in Land Lot 78 of the 14th District of Fulton County, Georgia, the location and bearing of the center line of said Easement Area being more particularly described as follows: BEGINNING at a point which point has coordinates of y = 1,366,411.864 feet, x = 430,385.905 feet from U. S. C. G. Stations GLENN and WALTON (the coordinates from the U. S. C. G Stations GLENN and WALTON for each point in this legal description are hereinafter given in parenthesis after each point) and running thence north 58 degrees 25 minutes 42 seconds east a distance of 14.9 feet to a point (y = 1,366,419.665 feet, x = 430,398.600 feet); running thence north 13 degrees 16 minutes 35 seconds east a distance of 221.52 feet to a point (y = 1,366,573.655 feet, x = 430,434.935 feet); running thence north 55 degrees 56 minutes 27 seconds east a distance of 49.54 feet to a point (y = 1,366,601.398 feet, x = 430,475.973 feet); running thence north 82 degrees 06 minutes 58 seconds east a distance of 66.26 feet to a point (y = 1,366,610.486 feet, x = 430,541.605 feet); running thence north 58 degrees 58 minutes 27 seconds east a distance of 44.26 feet to a point (y = 1,366,633.296 feet, x = 430,579.529 feet); running thence north 54 degrees 59 minutes 59 seconds east a distance of 72.88 feet to a point (y = 1,366,675.096 feet, x = 430,639.224 feet); running thence north 47 degrees 40 minutes 57 seconds east a distance of 73.70 feet to a point (y = 1,366,724.711 feet, x = 430,693.717 feet);

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running thence north 47 degrees 24 minutes 50 seconds east a distance of 16.6 feet to a point (y = 1,366,735.944 feet, x = 430,705.939 feet), all as shown on that certain plat of survey dated March 7, 1975, prepared by Watts Browning, Engineers. Now, therefore, be it resolved by the General Assembly of Georgia that the Governor, acting for and on behalf of and in the name of the State of Georgia, is hereby authorized to grant a permanent nonexclusive easement over, across, through and under the above-described Easement Area for the purpose of a subsurface storm and sanitary sewer line subject to the following conditions: (1) that the said grant of permanent nonexclusive easement shall be conveyed to the governing authority of the City of Atlanta; and (2) that the grant of said permanent nonexclusive easement 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 Atlanta and the Governor; and (3) that the execution by the Governor of said grant of permanent nonexclusive easement be attested by the Secretary of State and the great seal of the State affixed to said grant of permanent nonexclusive easement. Be it further resolved that this Resolution shall become effective immediately upon its approval by the Governor or upon its becoming law without his approval. Approved April 25, 1975. THE SMALL BUSINESS ASSISTANCE ACT OF 1975. No. 742 (Senate Bill No. 15). An Act relating to small businesses; to provide for a short title; to declare the legislative intent to encourage State

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purchases from small businesses; to provide for definitions; to authorize appointment of an Advisory Council; to require an annual report; 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 Small Business Assistance Act of 1975. Section 2. The legislative intent of this Act is declared to be as follows: The most important element of the American economic system of private enterprise is free and vigorous competition. Only through the existence of free and vigorous competition can free entry into business and opportunities for personal initiative and individual achievement be assured. The preservation and expansion of such competition is essential for our economic well-being. In order to encourage such competition it is the declared policy of the State to insure that a fair proportion of the total purchases and contracts or subcontracts for property, commodities and services for the State be placed with small businesses, so long as the commodities and services of small businesses are competitive as to price and quality. Intent. Section 3. For the purposes of this Act, the following definitions shall apply: (1) Small business shall be deemed to be a business which is independently owned and operated. In addition, such business must have either fewer than one hundred (100) employees or less than one million dollars $(1,000,000) in gross receipts per year. Definitions. (2) Division means the Purchasing and Supplies Division of the Department of Administrative Services. (3) Department means the Department of Administrative Services. Section 4. There is hereby created an Advisory Council to the Department and the Division to be composed of representatives of designated small business enterprises to be named as follows: five by the Governor, two each by the

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President of the Senate and the Speaker of the House of Representatives and one by the Commissioner of the Department to serve ex officio as Chairman of the Council. The members of the Council shall serve without compensation. The Council shall meet at least once monthly, or more often when necessary, at the call of the Chairman in consultation with the Commissioner of the Department or his designee who shall also serve without additional compensation as Executive Director of the Council. Advisory council. Section 5. The Council shall make a written report to the Governor, the President of the Senate, the Speaker of the House of Representatives and the Chairmen of the Senate Committee on Industry, Labor and Tourism and the House Committee on Industry at least once each year, such report to be made no later than December 1. The report shall advise the Governor, the Speaker, the President and the designated Chairmen concerning progress toward achieving the legislative intent as set forth in section 2 and shall contain such recommendations for legislation as the Council herein provided for deems proper. Report. Section 6. This Act shall become effective on July 1, 1975. Effective date. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 28, 1975. MOTOR FUEL TAX REVENUE STUDY COMMISSION CREATED. No. 86 (Senate Resolution No. 36). A Resolution. Creating a special Study Commission to inquire into and propose solutions to all matters related to the potential fluctuation of State motor fuel tax revenues and the impact upon the Highway program that would result; to

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provide for appointments to the Commission; to prescribe the duties of the Commission; to provide for expenses; to provide for the dissolution of the Commission; to provide for the selection of the chairman; to provide an effective date; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. There is hereby created a special Study Commission which is charged with the duty of inquiring into and proposing solutions to all matters related to the potential fluctuation of State motor fuel tax revenues and the impact upon the Highway program that would result, to be presented and recommended to the General Assembly and the Governor for appropriate corrective action. Section 2. The Commission shall act only in advisory capacity to the Executive and Legislative branches of the State government. The Commission shall, not later than December 31, 1975, submit the report of its study, findings, and proposed solutions to the Governor and to the respective committees of the House and Senate. The Commission shall, upon the submission of its report, be dissolved. Section 3. The Commission shall be composed of eight members who shall be selected as follows: The President of the Senate shall appoint three members of the Commission, each of whom shall at the time of their appointment be then serving upon the Transportation Committee of the Senate, and the Speaker of the House of Representatives shall appoint three members of the Commission, each of whom shall at the time of their appointment be serving upon the Highways Committee of the House of Representatives. The remaining two members of the Commission shall be the Commissioner of Revenue and the Commissioner of Transportation. The Speaker of the House and the President of the Senate shall establish a limit on the days the Commission shall meet and the expenses it may incur. The chairman shall be elected by a vote of the Commission membership at its first meeting.

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Section 4. This Resolution shall become effective immediately upon its approval by the Governor or upon its becoming effective without his approval. Approved April 28, 1975. PROSECUTING ATTORNEYS COUNCIL OF GEORGIA CREATED. No. 743 (Senate Bill No. 62). An Act to create the Prosecuting Attorneys' Council of the State of Georgia; to provide for the membership of the council, their qualifications, appointment, election, compensation, expenses, terms of office, succession, duties, powers, authority and responsibilities; to provide for a method of filling vacancies; to provide for meetings of the council; to provide for officers of the council and their terms; to provide for rules for the transaction of business; to preserve the powers of certain State officials; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Prosecuting Attorneys' Council of the State of Georgia is hereby established. It shall be the purpose of the council to assist the prosecuting attorneys throughout the State in their efforts against criminal activity in the State. Such assistance may include: Creation. (a) the obtaining, preparation, supplementing and dissemination of indexes to and digests of the decisions of the Supreme Court and the Court of Appeals of Georgia and other courts, statutes and other legal authorities relating to criminal matters; (b) the preparation and distribution of a basic prosecutor's manual and other educational materials; (c) the preparation and distribution of model indictments, search warrants, interrogation advices and other

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common and appropriate documents employed in the administration of criminal justice at the trial level; (d) the promotion of and assistance in the training of prosecuting attorneys; (e) the provision of legal research assistance to prosecuting attorneys; (f) the provision of such assistance to law enforcement agencies as may be lawful; and (g) the provision of such other assistance to prosecuting attorneys as may now or hereafter be authorized by law. Section 2. (a) The Prosecuting Attorneys' Council of the State of Georgia shall be a legal entity; shall have perpetual existence; may contract; may own property; may accept funds, grants and gifts from any public or private source which shall be used to defray the expenses incident to implementing its purposes; may adopt and use an official seal; may establish a principal office; may hire such administrative and clerical personnel as may be necessary and appropriate to fulfill its purposes; and shall have such other powers, privileges and duties as may be reasonable and necessary for the proper fulfillment of its purposes. Legal entity. (b) The council shall require a sufficient bond signed by some surety or guaranty company authorized to do business in this State of any administrative or clerical personnel employed by the council and empowered by the council to handle its funds. The premiums due on all such bonds may be paid by the council from funds available to it. (c) The council shall establish such auditing procedures as may be required in connection with the handling of public funds. The State Auditor is authorized and directed to make an annual audit of the acts and doings of the council and to make a complete report of the same to the General Assembly. The report shall disclose all monies received by the council and all expenditures made by the council, including administrative expense. He shall also make an audit of the

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affairs of the council at any time requested by a majority of the council or the Governor of the State. (d) The council may not provide compensation from its funds to any administrative or clerical personnel employed by the council if such personnel then be in receipt of retirement compensation from the Trial Judges and Solicitors Retirement Fund, the Peace Officers Annuity and Benefit Fund of Georgia, the Sheriffs Retirement Fund of Georgia, the Superior Court Clerks' Retirement Fund of Georgia, the Superior Court Judges Retirement Fund of Georgia or any other retirement fund created by State law to provide compensation for past services as a judicial officer, prosecuting attorney, court officer or law enforcement officer. Section 3. (a) The council shall be composed of nine members, six of whom shall be district attorneys and three of whom shall be solicitors of courts of record. The initial six district attorney members of the council shall be selected by district attorneys who shall then be serving as such at a special called meeting for such purpose, with two such initial members being appointed for a term of four years, two such initial members being appointed for a term of three years, and two such initial members being appointed for a term of two years. The initial three solicitor members of courts of record shall be selected by solicitors who shall then be serving as such at a special called meeting for such purpose, with one such initial member being appointed for a term of four years, one such initial member being appointed for a term of two years. Immediately prior to the expiration of a member's term of office as a member, the council shall elect a new number to succeed the member whose term is expiring. Following the terms of the initial members selected, the term of office of each prosecutor member of the council shall be for a period of four years. The initial members of the council shall take office on July 1, 1975, and succeeding members of the council shall take office on the first day of July following their election by the council. No prosecutor member of the council shall be eligible to succeed himself for a consecutive term as a member. Members.

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(b) In the event a vacancy occurs in the prosecutor membership of the council as a result of the death, resignation, removal or failure of reelection as a prosecutor, the remaining members of the council shall elect a qualified person to serve for the remainder of the unexpired term of the member whose seat is vacant. The person elected to fill such vacancy shall take office immediately upon his election. Section 4. The council shall meet at such times and places as it shall determine necessary or convenient to perform its duties. The council shall annually elect a chairman and such other officers as it shall deem necessary and shall adopt such rules for the transaction of its business as it shall desire. The members of the council shall receive no compensation for their services but shall be reimbursed for their actual expenses incurred in the performance of their duties as members of the council. Meetings. Section 5. Notwithstanding any other provision of law, no council member shall be ineligible to hold any of the offices of district attorney, district attorney emeritus, solicitor general, or solicitor general emeritus by virtue of his position as a member of the council. Section 6. Anything in this Act to the contrary notwithstanding, the Prosecuting Attorneys' Council may not exercise any power, undertake any duty or perform any function presently or hereafter assigned by law to the Governor of this State, the Attorney General, any district attorney or any solicitor of any court of record in this State. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 28, 1975.

Page 1627

CONVEYANCE OF LAND TO GEORGE E. YOUNGBLOOD AUTHORIZED. No. 87 (Senate Bill No. 84). A Resolution. Authorizing the conveyance of certain State-owned real property located in Baldwin County, Georgia, to Mr. George E. Youngblood; and for other purposes. Whereas, the State of Georgia is the owner of certain real property located in Baldwin County, Georgia, which is currently under the control and jurisdiction of the Department of Human Resources; and Whereas, said real property is described as follows: All of that certain lot, piece or parcel of land, situate, lying and being on and along the southwest side of the present Milledgeville to Irwinton public highway, being also designated as U.S. Highway Route Number 441, in the 1714th Militia District, in Baldwin County, Georgia, and the same comprising a small part and portion of Land Lot 223 in the original 5th Land District, in said County, and the same containing 5.97 acres, and being composed of the whole of Parcel `B', as shown on that certain plat from an actual survey by Walker McKnight, Registered Georgia Land Surveyor Number 864, dated January, 1975, and the same being more specifically described as follows: Beginning at a point located on the southwestern property line of the aforesaid U. S. Highway Route Number 441, said point being marked by a concrete monument set in the ground, and being a land corner common to the lands herein described and other lands of the State of Georgia, being occupied by the Department of Offender Rehabilitation; thence proceeding South 38 degrees 50 minutes East, along said southwestern property line of U.S. Highway Route Number 441, a distance of 709.3 feet to a point; thence South 33 degrees 58 minutes 30 seconds West, along the common land line separating Parcel `A' and `B', as shown on the above mentioned plat, a distance of

Page 1628

246.3 feet to a point; thence North 46 degrees 16 minutes West, along the common land separating the lands herein described and lands of Georgia E. Youngblood, a distance of 965.0 feet to a point marked by a fence post set in the ground, and said point is a corner common to Land Lots 216, 217, 223 and 222; thence North 45 degrees 17 minutes East, a distance of 143.0 feet to a point marked by an iron pin set in the ground; thence South 87 degrees 50 minutes East a distance of 288.8 feet to the point of beginning.; and Whereas, the above described real property is no longer needed by the Department of Human Resources or the State of Georgia and is therefore surplus; and Whereas, Mr. George E. Youngblood is desirous of obtaining said parcel or tract of land so that he may obtain access and frontage between his adjacent property and U.S. Highway 441. 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 sell, convey or swap the hereinabove described pracel or tract of land subject to the following conditions: (1) That said tract or parcel of land shall be conveyed to Mr. George E. Youngblood; and (2) That the conveyance of said tract of land shall be approved by the State Properties Commission; and (3) That the consideration of said conveyance shall be either (a) the highest of three fair and accurate appraisals of the value of such property obtained by the State Properties Commission; or (b) an equivalent amount of real property belonging to Mr. George E. Youngblood; or (c) any combination of the above as may be mutually agreed upon by the State Properties Commission and Mr. George E. Youngblood.

Page 1629

Be it further resolved that the Governor, acting for and on behalf of the State of Georgia, is hereby authorized to execute any deeds, instruments or writings necessary or convenient to carry out the purposes of this resolution. Approved April 28, 1975. VITAL RECORDSDETERMINATION OF DEATH CRITERIAPROVIDED. Code Chapter 88-17 Amended. No. 745 (Senate Bill No. 106). An Act to amend Code Chapter 88-17, relating to vital records, as amended, so as to provide certain criteria for pronouncing a person dead; to provide for independent confirmation of death; to provide that persons acting in good faith under the provisions of this Act shall not be liable for civil damages or criminal prosecution; to make the criteria specified by this Act cumulative to other medically recognized criteria; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 88-17, relating to vital records, as amended, is hereby amended by adding following Code section 88-1715 a new section to be designated Code section 88-1715.1, to read as follows: Code Section 88-1715.1. Determination of Death. (a) A person may be pronounced dead if it is determined that the person has suffered an irreversible cessation of brain function. There shall be independent confirmation of the death by another physician. (b) A person who acts in good faith in accordance with the provisions of subsection (a) shall not be liable for damages in any civil action or subject to prosecution in any criminal proceeding for such act.

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(c) The criteria for determining death authorized in subsection (a) shall be cumulative to and shall not prohibit the use of other medically recognized criteria for determining death. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 28, 1975. CONVEYANCE OF LAND TO GEORGE E. YOUNGBLOOD AUTHORIZED. No. 88 (Senate Resolution No. 85). A Resolution. Authorizing the conveyance of certain State-owned real property located in Baldwin County, Georgia, to Mr. George E. Youngblood; and for other purposes. Whereas, the State of Georgia is the owner of certain real property located in Baldwin County, Georgia, which is currently under the control and jurisdiction of the Department of Human Resources; and Whereas, said real property is described as follows: All of that certain lot, piece or parcel of land, situate, lying and being on and along the southwest side of the present Milledgeville to Irwinton public highway, also designated as U. S. Highway Route Number 441, in the 1714th Militia District, in Baldwin County, Georgia, and the same comprising a small part and portion of Land Lot Number 223, in the original 5th Land District, in said county, and containing 2.97 acres, and being composed of the whole of Parcel `A' as shown on that certain plat from an actual survey by Walker McKnight, Registered Georgia Land Surveyor Number 864, dated January, 1975, and the same being more specifically described as follows:

Page 1631

Beginning at a point marked by an iron pin set in the ground and located on the southwestern property line of the aforesaid U. S. Highway Route Number 441, and said point being a land corner common to the lands herein described and other lands of the State of Georgia, thence proceeding from said point of beginning South 54 degrees 18 minutes West, a distance of 167.0 feet to a point marked by an iron pin set in the ground, and said point being a land corner common to the lands herein described, lands of George E. Youngblood, Mrs. A. R. Mozo and the State of Georgia; thence North 45 degrees 22 minutes West, along the common land line separating the lands herein described and lands of George E. Youngblood, a distance of 602.0 feet to a point; thence North 33 degrees 58 minutes 34 seconds East a distance of 246.3 feet to a point located on the southwestern right-of-way line of the aforesaid U.S. Highway Route Number 441; thence South 38 degrees 50 minutes East, along said highway right-of-way line a distance of 680.0 feet to the point of beginning.; and Whereas, the above described real property is no longer needed by the Department of Human Resources or the State of Georgia and is therefore surplus; and Whereas, Mr. George E. Youngblood is desirous of obtaining said parcel or tract of land so that he may obtain access and frontage between his adjacent property and U.S. Highway 441. 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 sell, convey or swap the hereinabove described parcel or tract of land subject to the following conditions: (1) That said tract or parcel of land shall be conveyed to Mr. George E. Youngblood; and (2) That the conveyance of said tract of land shall be approved by the State Properties Commission; and

Page 1632

(3) That the consideration of said conveyance shall be either (a) the highest of three fair and accurate appraisals of the value of such property obtained by the State Properties Commission; or (b) an equivalent amount of real property belonging to Mr. George E. Youngblood; or (c) any combination of the above as may be mutually agreed upon by the State Properties Commission and Mr. George E. Youngblood. Be it further resolved that the Governor, acting for and on behalf of the State of Georgia, is hereby authorized to execute any deeds, instruments or writing necessary or convenient to carry out the purposes of this resolution. Approved April 28, 1975. DISTRICT ATTORNEYS EMERITUSRETIREMENTACT AMENDED. No. 746 (Senate Bill No. 109). An Act to amend an Act creating the office of Solicitor General (now District Attorney) emeritus and creating a retirement fund, approved February 17, 1949 (Ga. L. 1949, p. 780), as amended, so as to provide for eligibility for appointment and for retirement benefits, and for payments into the fund; to provide for resignations and reappointments as district attorneys emeritus; 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 creating the office of Solicitor General (now District Attorney) emeritus and creating a retirement fund, approved February 17, 1949 (Ga. L. 1949, p. 780), as amended, is hereby amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2 to read as follows:

Page 1633

Section 2. Any district attorney of this State who shall be in at least his nineteenth year of service as district attorney of the State or as a solicitor of a city court from which appeals can be taken directly to the Court of Appeals and as district attorney; or who during a portion of said qualifying period and immediately prior to his appointment or election as district attorney has served as assistant district attorney or solicitor general, or as an assistant to the district attorney or solicitor general and performed the duties of the district attorney or the solicitor general in the prosecution of cases in both the superior court and the city court, shall be eligible for appointment to the office of district attorney emeritus. Section 2. Said Act is further amended by adding, following section 3, a new section 3.1, to read as follows: Section 3.1. Any other provision of this Act to the contrary notwithstanding, any person who has resigned from the office of district attorney emeritus, shall have the right to be reappointed as a district attorney emeritus upon request to the Governor, within 30 days after this Act becomes law, and upon receiving such request the Governor shall reappoint such person as district attorney emeritus. Section 3. Said Act is further amended by striking section 4 in its entirety and inserting in lieu thereof a new section 4 to read as follows: Section 4. A district attorney emeritus shall receive from the State of Georgia an annual salary to be paid in monthly installments equal to one-half of the State salary of such district attorney for the calendar year immediately prior to his retirement as an active district attorney and immediately prior to his resignation from said office. In the event that any district attorney shall become eligible for appointment or shall have actually been appointed district attorney emeritus and while so eligible for appointment or holding such an appointment shall be elected or appointed to and shall qualify for an office of profit or trust under the Constitution of the United States or of the Constitution

Page 1634

of Georgia, his right to appointment as district attorney emeritus or to continue to hold such an appointment and to draw the salary fixed therefor under said Act shall be suspended during the period of time that he shall hold such office, provided that upon ceasing to hold such office he shall then be entitled to appointment as district attorney emeritus under this Act or to reappointment to said office with all the obligations, rights and duties herein prescribed, his compensation as district attorney emeritus in such event to be the same amount received by him as district attorney emeritus at the time of his election or appointment and qualification to the office under the Constitution of the United States or of the State of Georgia, or, if not holding an appointment as district attorney emeritus then, one-half of the amount of State compensation received by him as district attorney for the calendar year immediately prior to his election or appointment to and qualification for said office under the Constitution of the United States or the State of Georgia, the purpose of this provision being to permit any district attorney who may have been appointed district attorney emeritus under this Act or who may be eligible for appointment as district attorney emeritus to accept some other office of profit or trust under the Constitution of the United States or of the State of Georgia without affecting his then existing rights under this Act except to suspend the right to hold said office and receive the salary provided therefor while holding such other office. During the time that such district attorney is holding another office under the Constitution of the United States or of the State of Georgia as herein provided, he shall not be required to make any payments in and to the District Attorneys Retirement Fund of Georgia. Section 4. Said Act is further amended by striking the first, second and fourth paragraphs of section 9 in their entirety and inserting in lieu thereof new first, second and fourth paragraphs of section 9 to read as follows: All district attorneys who qualify under this Act, shall pay into said fund the amount of five percent of their State salary for each year and any district attorney who makes payment to this fund shall be eligible to retire from the

Page 1635

office and be eligible to the appointment of district attorney emeritus, at a salary of one-half of what he has previously received as compensation as State salary for the final calendar year of his service as active district attorney of his circuit. All district attorneys now in office and eligible to participate in the benefits provided by this Act shall make their payments to the retirement fund created by this Act until their retirement. Provided further, that any district attorney who is eligible under the provisions of this Act as amended, but has not yet taken advantage hereof may do so by payment into the retirement fund not later than July 1, 1961, with interest at the rate of 5 percent per annum on all sums due since the adoption of this Act, February 17, 1949, to the date of payment to the Department of Administrative Services of the State, provided, further, any district attorney not in office at the time of the passage of this Act on February 17, 1949, who has previously served as a district attorney of the State, may qualify and be eligible to participate in the benefits provided by this Act by paying 5 percent of the existing salary or annual fees of such district attorney plus interest at 5 percent per annum from February 17, 1949, to the date of payment to the Department of Administrative Services of the State, as though he had been in office since said date, which payment shall be made into said retirement fund within six months after reentering upon the duties of district attorney, and he shall continue to pay into said fund the amount of five percent of his salary or fees for each year thereafter until he is in at least his nineteenth year of service including service prior to and subsequent to the original passage of this Act on February 17, 1949. District attorneys who qualify under this Act must make payments to the said retirement fund, as herein provided, for the entire qualifying period and until retirement and must remain in office and render service as an active district attorney for the entire qualifying period or shall have rendered a part of said service as solicitor general of a city court from which direct appeals may be taken to the Court of Appeals of Georgia, or otherwise as is provided and set forth in section 2 of this Act, as amended.

Page 1636

Provided, further, that in computing years of service as a district attorney, credit shall be given for services in the armed forces of the United States occasioned by only one of the national emergencies of either of the following: World War I, World War II, or Korean conflict, upon payment into the retirement fund of the maximum payments, provided hereinabove for each year or fraction of year of such service in the armed forces together with an amount of money equivalent to six percent (6%) simple interest on said sum of money for each year from the beginning of his service as a district attorney until the date of paying the contributions into the fund, whereupon the district attorney shall receive a credit of one year for each year or fraction of year of such service for which contribution into the fund has been made. Such payment shall be made by not later than January 1, 1976. Section 5. Said Act is further amended by striking section 10 in its entirety and inserting in lieu thereof a new section 10 to read as follows: Section 10. The payment into said fund of five percent of the State salary shall be deducted by the Department of Administrative Services only from the salary of each district attorney who is a member of the retirement fund created by this Act. Should any payments not have been made by February 15 of the succeeding year, the sum due shall incur a penalty of six percent interest per annum computed on the principal amount from February 15 until actually paid. Beginning with the payments to be made covering the calendar year 1964, and for each calendar year thereafter, should the sum due not be paid by February 15 of the succeeding year, such sum due shall be increased by ten percent thereof plus six percent interest per annum, computed on the sum due plus the ten percent thereof, from February 15 until the date of actual payment of the entire amount. All payments shall be accompanied by an affidavit from the district attorney as to the correctness of the amount of State salary received by him during the period covered by such payments.

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Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 28, 1975. TEACHERS' RETIREMENT SYSTEM ACT AMENDED. No. 749 (House Bill No. 115). An Act to amend an Act establishing the Teachers' Retirement System of Georgia, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, so as to change the provisions relative to the establishment of creditable service for service under another retirement system; to change the provisions relative to creditable service for service under a local retirement system; to change the provisions relative to the per diem of members of the Board of Trustees; to change the provisions relative to a certain rate of interest; to provide for all matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing the Teachers' Retirement System of Georgia, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, is hereby amended by inserting in the last unnumbered paragraph of subsection (5) of section 4 between the word and comma rendered, and the words must pay the following: or the local board of education by which the teacher is currently employed, so that when so amended the last unnumbered paragraph of subsection (5) of section 4 shall read as follows: Any other provision of this or any other law to the contrary notwithstanding, in order for any teacher who becomes a member of the Teachers' Retirement System on or after April 1, 1966, to receive full creditable service for service rendered in a local system prior to membership in the Teachers' Retirement System as provided for herein, either such teacher, or the local board of education for which

Page 1638

such service was rendered, or the local board of education by which the teacher is currently employed, must pay, in addition to the amounts provided for herein, the employer amount which would have been paid, plus interest. The Board of Trustees shall determine this amount. Provided, however, in no case shall a member pay more than the total member and employer contributions and interest in effect at the time such service was rendered. Section 2. Said Act is further amended by striking sub-section (5B) of section 4 in its entirety and substituting in lieu thereof a new subsection (5B) to read as follows: (5B) Any current member who was previously a member of the Employees' Retirement System and who withdrew his contributions from the Employees' Retirement System not more than twice after January 1, 1961, may establish the service under the Employees' Retirement System as creditable service under this system, after having at least five years' service as a contributing member of this system: Provided, such member pays into this system an amount equal to the minimum employee contributions required for continuous members of this system for all such service under the Employees' Retirement System plus any interest that would have accrued on such amount from the date of the withdrawal of contributions from the Employees' Retirement System to the date of payment as provided herein. The Employees' Retirement System shall pay to this system the employer contributions paid to the Employees' Retirement System, plus accrued interest thereon, for any member establishing creditable service, as provided herein, upon receipt of notice from this system. Section 3. Said Act is further amended by striking from subsection (4) of section 6 the figure $20 and inserting in lieu thereof the figure $40, so that when so amended said subsection (4) shall read as follows: (4) The trustees shall receive the sum of $40 per diem for each day of attending meetings of the Board or for any committee meetings called pursuant to authorization of the Board, and for time spent in necessary travel. In addition

Page 1639

thereto, the trustees shall be reimbursed for all actual traveling and other expenses necessarily incurred through service on the Board of Trustees. State officials serving ex officio shall receive no per diem but shall only be entitled to reimbursement of actual expenses. Section 4. Said Act is further amended by striking from the last sentence of subsection (14) of section 6 the figure 4 and inserting in lieu thereof the figure 5, so that when so amended subsection (14) of section 6 shall read as follows: (14) From time to time and at least in every five year period, the actuary shall make an actuarial investigation into the mortality, service and compensation experience of the members and the beneficiaries of the retirement system, and recommend for adoption by the Board of Trustees mortality, service and other tables needed in the operation of the system, and taking into account the results of such investigations the Board from time to time shall adopt for the system such mortality, service and other tables as it shall deem necessary, for use in all calculations required in connection with this system. The Board shall also determine from time to time the rate of regular interest for use in all calculations required in connection with the system, limited to a minimum of 2 per centum and a maximum of 5 per centum. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 28, 1975. EQUAL PUBLIC ACCOMMODATIONS FOR BLIND AND VISUALLY HANDICAPPED PERSONS PROVIDED, ETC. No. 750 (House Bill No. 297). An Act to provide for and declare the rights of blind and visually handicapped persons to equal public accommodations

Page 1640

and housing; to authorize blind and visually handicapped persons to be accompanied by guide dogs in certain circumstances; to declare the public policy concerning matters of public employment of blind and visually handicapped persons; to provide penalties; to repeal an Act to provide that any person who by reason of loss or impairment of eyesight is accompanied by a dog commonly referred to as a seeing eye dog shall be entitled to certain equal privileges as to other persons, approved February 8, 1955 (Ga. L. 1955, p. 155); to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Equal accommodations for blind and visually handicapped; unlawful to prohibit or interfere with; guide dog allowed to accompany. (a) (1) The blind and the visually handicapped are entitled to full and equal accommodations, advantages, facilities, and privileges on all common carriers, airplanes, motor vehicles, railroad trains, motor buses, street cars, boats or any other public conveyances or modes of transportation and at hotels, lodging places, places of public accommodation, amusement or resort, and other places to which the general public is invited, subject only to the conditions and limitations established by law and applicable alike to all persons. (2) Every totally or partially blind person shall have the right to be accompanied by a guide dog, especially trained for the purpose, in any of the places listed in paragraph (1) without being required to pay an extra charge for the guide dog, however, he shall be liable for any damage done to the premises or facilities by such dog. (b) It is the policy of this State that the blind, the visually handicapped, and the otherwise physically disabled shall be employed in the service of the State or political sub-divisions of the State, in the public schools, and in all other employment supported in whole or in part by public funds on the same terms and conditions as the able-bodied, unless it is shown that the particular disability prevents the performance of the work involved.

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(c) Blind persons and visually handicapped persons shall be entitled to rent, lease, or purchase, as other members of the general public, all housing accommodations offered for rent, lease, or other compensation in this State, subject to the conditions and limitations established by law and applicable alike to all persons. (1) Housing accommodations means any real property or portion thereof which is used or occupied, or intended, arranged, or designed to be used or occupied, as the home, residence, or sleeping place of one or more human beings, but shall not include any single family residence the occupants of which rent, lease, or furnish for compensation not more than one room therein. (2) Nothing in this subsection shall require any person renting, leasing, or otherwise providing real property for compensation to modify his property in any way or provide a higher degree of care for a blind person or visually handicapped person than for a person who is not so handicapped. (3) Every totally or partially blind person who has a guide dog, or who obtains a guide dog, shall be entitled to full and equal access to all housing accommodations provided for in this section, and he shall not be required to pay extra compensation for such guide dog. However, he shall be liable for any damage done to the premises by such guide dog. Section 2. Penalty. Any person, firm, or corporation, or the agent of any person, firm, or corporation, who denies, or interferes with, admittance to or enjoyment of the facilities enumerated in subsections (a) and (c) or otherwise interferes with the rights of a totally or partially blind person under this section shall be guilty of a misdemeanor and be punished by a fine not to exceed one hundred dollars ($100.00) or by imprisonment for not more than ten (10) days, or by both such fine and imprisonment. Section 3. An Act to provide that any person who by reasons of loss or impairment of eyesight is accompanied by a dog commonly referred to as a seeing eye dog shall

Page 1642

be entitled to certain equal privileges as to other persons, approved February 8, 1955 (Ga. L. 1955, p. 155), is hereby repealed in its entirety. Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 28, 1975. PUBLIC SAFETY RADIO SERVICES ACT OF 1975. No. 751 (House Bill No. 309). An Act to authorize the Department of Administrative Services to formulate and implement a Statewide Plan to regulate Public Safety Radio Services; to provide a short title; to provide a declaration of intent and purpose; to provide for definitions; to list those items to be included in the plan; to grant the Department of Administrative Services the powers to carry out the purposes of this Act; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Short Title. This Act shall be known and may be cited as the Public Safety Radio Services Act of 1975. Section 2. Declaration of Intent and Purpose. (1) The recent study of public safety radio systems of State and local governments shows that there is only a limited number of radio channels available to provide State and local governments with public safety interest; and (2) That heretofore radio channels for public services have been assigned by the block allocation method on a first-come, first-served basis with little regard to sound system

Page 1643

engineering practices, so that some State and local government agencies operate inefficiently on very lightly loaded channels while other similar agencies must operate on severely overcrowded channels, experiencing severe co-channel interference and lack of proper range for adequate coverage; and (3) That State and local government agencies in the larger metropolitan areas possess an insufficient number of radio channels to serve the public and experience skips in coverage and other interference connected with overcrowding; and (4) That existing radio communications systems of State and local government agencies fail to meet the need for rapid interagency communications in times of emergency; and (5) That Statewide radio communications planning will conserve the valuable and irreplaceable radio channel resource and will result in optimum public safety radio service for State and local government. Section 3. Definitions. As used in this Act, the following terms shall have the meaning ascribed to it in this section: Public Safety Radio Services means all radio services of State, County or Municipal Government as defined in Part 89 of the Rules and Regulations of the Federal Communications Commission. Section 4. Department of Administrative Services to Develop Statewide System. The Department of Administrative Services is hereby authorized and directed to develop a Statewide System of allocation of radio channels for Public Safety Radio Services and to implement the system at the earliest possible time. The Department of Administrative Services shall be responsible for conducting all radio frequency channel searches and for the processing of all Public Safety Radio Service license applications to the Federal Communications Commission for State, County and Municipal Government, and shall have the power to approve or disapprove such applications for licenses consistent with the

Page 1644

public interest. In developing such a system, the Department of Administrative Services shall divide the State into appropriate regions and shall develop a plan which shall include the following provisions: (1) A recommendations provision which shall state the public safety radio needs for each State agency, county and municipality comprising the region. (2) An interagency communications provision which shall depict the communication interfaces between municipal, county, and State entities which operate within the region. (3) A frequency allocation and use provision which shall include on an entity basis each assigned and planned radio channel and the type of operation (simplex, duplex, or half-duplex) on each channel. Section 5. Consolidated Systems. The Department of Administrative Services shall provide also for the coordination and promotion of joint use of Public Safety Radio Services owned or used by State, County and Municipal Government, except those county and municipal governments of 400,000 population or more as determined by the 1970 Federal Decennial Census or subsequent Federal Decennial Census; and for the management and conservation of the public safety radio channel resource, and shall take such actions as may be necessary to manage and protect public safety radio services and to insure delivery of efficient, effective and economical public safety radio services to State, County and Municipal Governments. Section 6. Cooperation of Agencies. All agencies of State, County and Municipal Government are requested to cooperate with the Department of Administrative Services for the purpose of implementing the provisions of this Act, providing any information requested by the said Department of Administrative Services. After the effective date of this Act, no department, board, authority or any other agency of State, County or Municipal Government shall perform the duties or exercise the powers herein, except as provided in this Act, unless the Department of Administrative

Page 1645

Services shall delegate such duties or powers to another agency. Section 7. Appeals. An Appeal Board shall be established by this Act to consist of the Commissioner of the Department of Public Safety, Commissioner of the Department of Natural Resources, Commissioner of the Department of Transportation, Commissioner of the Department of Administrative Services, Director of the Forestry Commission, President of the American Association of County Commissioners of Georgia and the President of the Georgia Municipal Association or their appointed representatives. Any action or decision under this Act by the Department of Administrative Services affecting any governmental agency or entity may be appealed to this Board who shall hear the facts and upon adequate presentation, render a decision based thereon. The Board's decision shall be binding upon all parties thereto. The Commissioner of the Department of Administrative Services shall call the Appeal Board into session upon the written request for an appeal by any governmental agency or entity. Section 8. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 9. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed, except this Act shall not be interpreted so as to repeal or amend the Telecommunications Consolidation Act of 1973, (Ga. L. 1973, pp. 1261-1265). Approved April 28, 1975. THE ECONOMIC REHABILITATION ACT OF 1975. No. 752 (House Bill No. 429). An Act to provide for the continuation of community action agencies in the State; to provide a short title; to provide

Page 1646

definitions; to provide a statement of purpose; to provide for the administration of this Act by the Executive Office of the Governor; to provide for the distribution of funds; to specify authorized and unauthorized activities for community action agencies; 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 Economic Rehabilitation Act of 1975. Section 2. Definitions. Unless clearly indicated otherwise by the context, the following words, when used in this Act, shall have the meanings respectively ascribed in this section: (a) Community action agency means a currently existing public or private nonprofit agency recognized as a community action agency by the United States Office of Economic Opportunity or its successor on January 1, 1975. Such an agency is also designated and recognized by the State or a county or comparable unit of general local government having a population of one hundred thousand (100,000) or more persons, or by a combination of local governments within any Area Planning and Development Commission (APDC) boundary in the State. (b) Director means the person designated by the Governor to effect the coordination and fiscal accountability of the Community services authorized by this Act. (c) Outreach means staff capability to locate eligible clients, determine and evaluate needs, furnish information, gather data, make referrals, secure transportation and assist clients in locating existing resources or assist in developing needed resources where none exist. (d) Poverty guideline means the sliding scale of family incomes revised periodically and published as a poverty index by the Social Security Administration.

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(e) In Kind means the required matching contribution in goods, space or services. (f) Local governing authority means the governing body of a county or unity of government defined in section 2 (a). (g) Board of Directors means the policymaking board of a community action agency. Section 3. Statement of purpose. It is the purpose of this Act to provide direction and technical assistance to a community services program, with its goals being economic rehabilitation and the alleviation of acute suffering, in the State of Georgia; to continue a flexible and decentralized system of State, regional and local programs providing such services for the economically disadvantaged and other eligible citizens; to assist local communities in the establishment of demonstration programs to meet the unmet needs of their citizens or to fill in service gaps; to encourage Statewide inter-agency coordination; and to provide the fiscal support needed to assure the continuation of community action agencies as grantees for federal and other monies which might otherwise be lost to the State. Section 4. Administration of Act. (a) For purposes of administration, responsibility for the coordination of community services and fiscal accountability shall be in the Executive Office of the Governor. (b) The director is authorized to issue special instructions or rules and regulations as necessary to carry out the intent of this Act. Section 5. Distribution of Funds. (a) Monies appropriated for the purposes of this Act shall be allocated by contract with community action agencies. Such allocations shall be approved by the director only upon the submission of a proposal prepared by the agency and approved by the local governing authority or combination of authorities within an area planning and development commission boundary.

Page 1648

(b) The director shall prorate such funds on the basis of the number of persons in each service area whose income falls below the poverty guidelines. There must be equitable distribution between urban and rural areas, considering population and level of need. (c) The director shall allocate a portion of these funds to establish and maintain community action agencies, according to the terms of this Act, in areas where no community action agencies concurrently exists. (d) All allocations must be matched in cash and/or inkind at a maximum of 20% of the contract to the agency, based upon a formula to be established by the director. (e) No funds may be allocated to any community action agency which does not have a policy guaranteeing non-discrimination in the delivery of services. (f) No funds may be allocated to any community action agency, whether public or private, which does not have a policymaking board of directors. Such boards must be made up of no less than one-third of its members democratically elected representatives of the client group and no more than one-third public officials or their designees. The remainder of the boards shall be composed of members appointed from the public sector. (g) The director shall be responsible for insuring that at least an annual fiscal and programmatic audit be conducted of each community action agency to insure that contract awarded funds are properly and legally utilized and disbursed in accordance with the intentions of this Act. All employees of said community action agency, who handle funds of said agency, shall be bonded by a licensed bonding company. Section 6. Authorized Activities. (a) Each community action agency shall use funds available to it under this Act and other sources for the planning, operation, outreach, and evaluation of a variety of community service pilot programs designed to assist the economically disadvantaged and other

Page 1649

persons to achieve self-sufficiency. Community action agencies shall maintain a coordinating role in the community and shall fill in service gaps without duplication of effort according to local conditions and needs. (b) No community action agency shall be authorized under this Act to receive and disburse funds from any source which would create a duplication of services resulting in less effective use of funds or where the intended function or functions are being performed or have been authorized to be performed by any State or local governmental agency. (c) No community action agency, or its board members, or its executive officer or its employees, shall be authorized to use funds, facilities or equipment, owned by or available to the same, including but not limited to stationery, postage, duplicating machines and telephones, in behalf of any candidate for elective office or any political party, nor in support of any position on a question of public policy which is the subject of a referendum in the area in which such agency is located. No community action agency shall engage in the manufacture, distribution, display, advertising, or mailing of any printed materials, in behalf of any candidate for elective office or any political party, nor in support of any position on a question of public policy which is the subject of a referendum in the area in which such agency is located. (d) Community action agencies, in the conduct of programs, shall provide employment opportunities to residents of the area and members of the groups served. (e) Work plans submitted to the director must be approved in advance by the counties or local governments described in section 2. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 28, 1975.

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GEORGIA STATE SPEECH PATHOLOGY AND AUDIOLOGY LICENSING ACT AMENDED. No. 754 (House Bill No. 598). An Act to amend the Georgia State Speech Pathology and Audiology Licensing Act, approved March 26, 1974 (Ga. L. 1974, p. 1009), so as to provide additional circumstances under which a license may be granted to certain applicants; 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 State Speech Pathology and Audiology Licensing Act, approved March 26, 1974 (Ga. L. 1974, p. 1009), is hereby amended by deleting in its entirety subsection (d) of section 9 and substituting in lieu thereof the following: (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, or have had equivalent experience of not less than one-half time or fifteen hours per week over a time span not to exceed five years as determined to be acceptable by the Board, and who present, prior to July 1, 1975, proof of bona fide practice to the Board in a manner prescribed by regulations promulgated by the Board. The Board may waive the examination and grant a license upon payment of fees to applicants who present proof of current certification by Georgia State Department of Education or current licensure in a state or county whose requirements for licensure are substantially equivalent to those 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 April 28, 1975. GEORGIA RESIDENTIAL FINANCE AUTHORITYNAME CHANGE, ETC. Code Chapter 99-36 Amended. No. 756 (House Bill No. 580). An Act to amend an Act known as the Georgia Residential Finance Agency Act, approved March 26, 1974 (Ga. L. 1974, p. 975; Ga. Code Chap. 99-36), so as to change the membership of the Authority created thereby and to change, clarify, delete and add certain terms thereto for the purpose of perfecting the statutory scheme and insuring its constitutionality before bond issuance thereunder: specifically, to change the name of said Act and the instrumentality created thereby from Georgia Residential Finance Agency to Georgia Residential Finance Authority; to provide specific authorization for a loan-to-lenders program whereby the Authority could lend funds to lending institutions for relending to eligible persons seeking to purchase homes; to include the term note within the definition of the term bond for certain purposes; to set forth certain criteria to limit the Authority's discretion and to assist the Authority in the establishment of its guidelines and procedures for the determination of persons and families eligible to benefit from Authority funds; to replace the terms housing development and housing project with the term residential housing and to add a definition of the term real property; to redefine the Authority created by said Act in order to make explicit the nature of such Authority

Page 1652

as a public authority and to distinguish it clearly from a governmental agency; to reduce the membership of the Authority from 9 to 6 members; to provide for the effect of actions taken by the Authority prior to confirmation by the Senate of the appointment of a public member; to allow the Authority to invest proceeds from the sale of its bonds in obligations of, or guaranteed by, the United States and certain specifically designated agencies of the United States maturing up to 24 months after the date of purchase; to allow the Authority to invest monies held in reserve funds in obligations of, or guaranteed by, the United States and certain specifically designated agencies of the United States maturing up to 24 months after the date of purchase; to allow the Authority to invest monies held in sinking funds in obligations of or guaranteed by the United States, and certain specifically designated agencies of the United States so long as such obligations mature within 12 months of the date of purchase; to clarify the Authority's ability to enter into agreements to regulate the planning, development and management of residential housing undertaken by qualified housing sponsors; to insure that the Authority will be eligible for Federal monies available under the Federal Housing Community Development Act of 1974; to establish certain statutory criteria or considerations to govern the exercise of administrative discretion by the Authority, particularly in determining the eligibility of persons or families for the benefits of the Act and the rents, purchase prices and interest rates to be charged in various programs of the Authority; to set forth specific statutory authorization and provisions relative to loans by the Authority to lending institutions; to make clear that no financing authorized under this Act will be utilized on housing outside this State; to specify that the statutory maximum on the amount of Authority bonds outstanding is not a contractual right and can be altered by statute; to clarify reference to trust indentures; to clarify the relationship of said Act to the Georgia Revenue Bond Law (Ga. L. 1937, pp. 761-774); to provide for venue and trial court jurisdiction in Fulton County in Authority bond validation proceedings; to authorize the issuance of bond anticipation notes under certain conditions; to require bonds issued

Page 1653

by the Authority to contain recitals that such bonds do not obligate the State of Georgia; to allow the Authority to accept and utilize State appropriations or funds from any source; to provide for a minimum percentage of each bond issue to be placed in a capital reserve fund; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act now known as the Georgia Residential Finance Agency Act, approved March 26, 1974 (Ga. L. 1974, p. 975; Ga. Code Chap. 99-36), is hereby amended by striking the words Georgia Residential Finance Agency from the title of said Act, from the preamble thereto, and from every section of said Act in which such words appear, and by inserting in lieu thereof the words, Georgia Residential Finance Authority. Section 2. Said Act is hereby further amended by striking the period at the end of subparagraph (a) (4) of section 2 and inserting in lieu thereof a semicolon, and by adding to such section 2, between present subparagraph (a) (4) and the concluding paragraph of subsection 2 (a), a new subparagraph (a) (5) to read as follows: (5) that in order to inject funds into lending institutions to facilitate the making of loans to families and persons of low and moderate income for the purchase of homes, cooperative apartments and condominiums, provisions should be made for loans at low interest rates to lending institutions for the making of mortgage loans to low and moderate income families and the purchasing of mortgage loans from lending institutions upon the condition that the proceeds from such purchases be used to make mortgage loans to families and persons of low and moderate income. Section 3. Said Act is hereby further amended by adding the following sentence to the end of subsection 3 (b) thereof:

Page 1654

Wherever the words `bond' or `bonds' appear in sections 9, 11, 12 and 13 of this Act, they shall be deemed to include the words `note' or `notes' as defined in subsection (1) of this section. Section 4. Said Act is hereby further amended by striking from subparagraph (d) (1) of section 3 thereof the phrase set by the Authority in its rules; or, and inserting in lieu thereof the phrase: established by the Authority in administrative guidelines and procedures established pursuant to the criteria set forth in section 6(c) of this Act. Section 5. Said Act is hereby amended by striking from subparagraph (d) (2) of section 3 thereof the phrase as determined by the rules of the Authority, and inserting in lieu thereof the phrase: as determined by the administrative guidelines and procedures of the Authority established pursuant to the criteria set forth in sections 6(c) of this Act. Section 6. Said Act is hereby amended by striking from subparagraph (d)(3) of section 3 thereof the phrase as determined by the rules of the Authority, and inserting in lieu thereof the phrase: as determined by the administrative guidelines and procedures of the Authority established pursuant to the criteria set forth in section 6(c) of this Act. Section 7. Said Act is hereby further amended by striking subsections 3(g) and 3(h) thereof in their entirety, and inserting in lieu thereof the following language: (g) `Real Property' shall mean all lands, franchises and interests in land, including lands under water and riparian rights, space rights and air rights, and any and all other things usually included within said term, and shall include any and all interests in such property less than full title, such as easements, incorporeal hereditaments and every estate, interest or right, legal or equitable, including terms for years and liens by way of judgment, mortgage or otherwise and the indebtedness secured by by such liens;

Page 1655

(h) `Residential Housing' means a specific work or improvement within Georgia undertaken primarily to provide dwelling accommodations for eligible persons and families, including the acquisition, construction or rehabilitation of real property, buildings and improvements thereto and such community facilities as may be incidental or appurtenant thereto. Section 8. Said Act is hereby further amended by striking the words housing development and housing project from every section of said Act in which such words appear, and by inserting in lieu thereof the words, residential housing. Section 9. Said Act is hereby further amended by striking from subsection 3(k) thereof the last sentence in its entirety. Section 10. Said Act is hereby further amended by striking the period at the end of subsection 3(m) and by adding after the word families the following phrase: upon such terms and in conformity with administrative guidelines established by the Authority. Section 11. Said Act is hereby further amended by striking section 4 thereof in its entirety, and inserting in lieu thereof the following language: Section 4. Creation and Organization. There is hereby created a public authority, a body corporate and politic to be known as the Georgia Residential Finance Authority, which shall be deemed an instrumentality of the State of Georgia and a public corporation. Section 12. Said Act is hereby further amended by striking subsection (a) of section 5 thereof in its entirety, and inserting in lieu thereof a new subsection (a) of section 5 to read as follows: (a) Members of the Authority. The Authority shall be composed of six members as follows: four permanent members who shall be (1) the Governor, or in the event

Page 1656

he is unable to attend a meeting, the Director of the Office of Planning and Budget; (2) the State Auditor; (3) the Director of the Financing and Investment Division of the Georgia State Financing and Investment Commission; (4) the Commissioner of Community Development but in the event the functions of the Department of Community Development transferred to it from the Bureau of State Planning and Community Affairs by the Executive Reorganization Act of 1972 (Ga. L. 1972, p. 1015), are transferred to another department or a division or bureau of the Department or of another department, the executive officer of such department, bureau or division shall succeed to the permanent position held by the Commissioner of Community Development; and two public members to be appointed by the Governor and confirmed by the Senate. A public member appointed while the General Assembly is not in session shall hold office until his appointment is confirmed or rejected by the Senate. Any actions taken by the Authority in which a public member participates, prior to the confirmation or rejection of his appointment by the Senate, shall be of the same effect as if the public member had been confirmed prior to the time the action was taken. One of the public members shall be a representative of the homebuilding industry; and the other shall be a representative of the mortgage lending industry. The two public members shall not be residents of the same Congressional District. One of the public members shall reside outside of the Standard Metropolitan Statistical Areas of the State and the other shall reside within one of the Standard Metropolitan Statistical Areas of the State. One of the public members shall be appointed for an initial term of two years, and one of its public members shall be appointed for an initial term of four 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

Page 1657

person experienced in mortgage lending, home building or real estate development. The Executive Director shall become an ex officio nonvoting member of 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 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 30 days during any one fiscal year, unless one of the public members is elected Chairman, in which event such compensation shall be limited to 100 days during any one fiscal year. The permanent members shall be reimbursed for actual expenses incurred in the performance of their duties under this Act. Section 13. Said Act is hereby further amended by striking the period at the end of subparagraph (a) (12) of section 6 thereof, and inserting a semicolon in lieu thereof. Section 14. Said Act is hereby further amended by striking subparagraph (a) (14) of section 6 thereof in its entirety, and inserting in lieu thereof the following language: (14) subject to any agreement with bondholders, to invest monies of the Authority not required for immediate use to carry out the purposes of this Act, including the proceeds from the sale of any bonds and any monies held

Page 1658

in reserve funds, in temporary or nonpurpose obligations maturing no longer than 24 months from the date of purchase. Such temporary or nonpurpose investments by the Authority 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 Authority and used to purchase and retire any debt, or any bonds or obligations issued by the Authority and may be used to pay operating expenses of the Authority. Section 15. Said Act is hereby further amended by striking the words reserve or from subparagraph (a) (16) of section 6 thereof, and by inserting the words or by an agency of the United States specified in subparagraph (a) (14) of this section between the words States and the comma before the word maturing in subparagraph (a) (16) of Section 6. Section 16. Said Act is hereby further amended by striking subparagraph (a) (17) of section 6 thereof in its entirety and inserting in lieu thereof the following language: (17) to make, and contract to make, loans to lending institutions on such terms and conditions as it shall determine and all lending institutions are authorized to borrow from the Authority in accordance with the provisions of section 7(e) of this Act and the administrative guidelines established by the Authority pursuant to criteria set forth in this Act. Section 17. Said Act is hereby further amended by striking subparagraph (a) (18) of section 6 thereof in its entirety and inserting in lieu thereof the following language: (18) to enter into agreements with qualified housing sponsors providing for regulation by the Authority of the planning, development and management of any residential housing undertaken by such qualified housing sponsors

Page 1659

and the disposition of the property and franchises of such qualified housing sponsors. Section 18. Said Act is hereby further amended by inserting a comma and the phrase and pursuant to the Housing Community Development Act of 1974 between the word amended and the semicolon at the end of subparagraph (a) (24) of section 6 thereof. Section 19. Said Act is hereby further amended by striking subsection 6(c) thereof in its entirety, and inserting in lieu thereof the following language: (c) The Authority shall establish administrative guidelines as to limitations for eligible persons and families for the purposes of section 3(d) of this Act in accordance with the following considerations: (1) the amount of total income of such persons and families available for housing neds; (2) the size of the family; (3) the conditions and costs of obtaining and maintaining existing and available housing facilities; (4) the costs of obtaining and maintaining newly constructed housing facilities, including considerations of the total development costs of such housing and the costs of financing such housing as affected by prevailing and available financing terms and conditions relating to nonfederally aided and nonstate aided mortgages. Section 20. Said Act is hereby further amended by adding the phrase in the State of Georgia in the first sentence of subsection 7(a) thereof between the word housing (formerly developments) and the word as and between the word housing and words for eligible. Section 21. Said Act is hereby further amended by striking subsection 7(d) thereof in its entirety, and inserting in lieu thereof the following language:

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(d) For the purposes of carrying out the provisions of this section, the Authority shall establish administrative guidelines and procedures for determining the eligibility of occupants and rental or carrying charges, including guidelines and procedures with respect to periodic review of occupant incomes and periodic adjustment of rental or carrying charges, in accordance with the criteria set forth in section 6(c) of this Act. Section 22. Said Act is hereby further amended by renumbering present subsection 6(e) thereof as a new subsection 6(f), and inserting a new subsection 6(e) to read as follows: (e) The Authority may make, and contract to make, loans to lending institutions on such terms and conditions as it shall determine in accordance with the following criteria, and all lending institutions are authorized to borrow from the Authority in accordance with administrative guidelines of the Authority established pursuant to the following criteria: Loans. (1) The Authority shall require that each lending institution receiving a loan pursuant to this subsection shall issue and deliver to the Authority an evidence of its indebtedness to the Authority which shall constitute a general obligation of such lending institution and shall bear such date or dates, shall mature at such time or times, shall be subject to prepayment, and shall contain such other provisions consistent with this section, as the Authority shall determine. (2) Notwithstanding any other provision of this section to the contrary, the interest rate or rates and other terms of loans to lending institutions made from the proceeds of any issue of bonds or notes of the Authority shall be at least sufficient to assure the payment of said bonds or notes and the interest thereon as the same become due. (3) The Authority shall require that loans to lending institutions made pursuant to this section shall be secured as to payment of both principal and interest by a pledge of collateral security in such amounts as the Authority shall determine to be necessary to assure the payment of such loans and the interest thereon as the same become due. Such

Page 1661

collateral security shall consist of (A) obligations of or guaranteed by the United States of America; (B) obligations of any of the following: Bank for Cooperatives, Federal Intermediate Credit Bank, Federal Home Loan Bank System, Export-Import Bank, Federal Land Banks, Federal National Mortgage Association or the Government National Mortgage Association; (C) obligations of the State or any municipality therein; (D) mortgages insured by the Federal Housing Administration or guaranteed by the Veterans Administration and such other mortgages insured or guaranteed by the Federal government or by a private insurer as to payment of principal and interest as shall be approved by the Authority; or (E) conventional mortgages approved by the Authority. (4) The Authority may require that collateral for loans be deposited with a bank, trust company or other financial institution acceptable to the Authority located in the State and designated by the Authority as custodian therefor. In the absence of such requirement, each lending institution shall enter into an agreement with the Authority containing such provisions as the Authority shall deem necessary to (A) adequately identify and maintain such collateral, (B) service such collateral, and (C) require the lending institution to hold such collateral as an agent for the Authority and be accountable to the Authority as the trustee of an express trust for the application and disposition thereof and the income therefrom. The Authority may also establish such additional requirements as it shall deem necessary with respect to the pledging, assigning, setting aside, or holding of such collateral and the making of substitutions therefor or additions thereto and the disposition of income and receipt therefrom. (5) The Authority shall require as a condition of each loan to a lending institution that such lending institution, within such period after receipt of the loan proceeds as the Authority may prescribe by regulation, shall have entered into written commitments to make, and, within such period thereafter as the Authority may prescribe by regulation, shall have disbursed such loan proceeds in new residential mortgage loans to eligible persons and families in an aggregate principal amount equal to the amount of such loan. Such new

Page 1662

residential mortgage loans shall have such terms and conditions as the Authority may prescribe. (6) The Authority shall require the submission to it by each lending institution to which the Authority has made a loan evidence satisfactory to the Authority of the making of new residential mortgage loans to eligible persons and families as required by this section, and in connection therewith may, through its employees or agents, inspect the books and records of any such lending institution. (7) The Authority may require as a condition of any loans to lending institutions such representations and warranties as it shall determine to be necessary to secure such loans and carry out the purposes of this section. (8) Compliance by any lending institution with the terms of its agreement with or undertaking to the Authority with respect to the making of any new residential mortgage loans to eligible persons and families may be enforced by decree of any court of competent jurisdiction. The Authority may require as a condition of any loan to any national banking association the consent of such association to the jurisdiction of courts of the State over any such proceeding. The Authority may also require, as a condition of any loan to a lending institution, agreement by such lending institution to the payment of penalties to the Authority for violation by the lending institution of its undertakings to the Authority, and such penalties shall be recoverable at the suit of the Authority. (9) To the extent that any provisions of this subsection 7(e) may be inconsistent with any provision of law of the State governing the affairs of lending institutions, the provisions hereof shall control. Section 23. Said Act is hereby further amended by adding to the end of subsection 9(a) thereof the following language: The fixing of a statutory maximum in this section shall not be construed as constituting a contract between the Authority and the holders of its bonds and notes that additional bonds and notes may not be issued subsequently by

Page 1663

the Authority in the event that such statutory maximum shall subsequently be increased by law. Section 24. Said Act is hereby further amended by striking from subsection 9(g) thereof the phrase or the trust indenture hereinafter mentioned, and inserting in lieu thereof the following language:, or as any trust indenture subject to which such bonds were issued,. Section 25. Said Act is further amended by striking therefrom subsection 9(1) in its entirety, and inserting in lieu thereof the following language: (1) All revenue bonds issued by the Authority under this Act shall be executed, confirmed and validated under, and in accordance with, the Revenue Bond Law of the State of Georgia (Ga. L. 1937, pp. 761-774), as heretofore and hereafter amended, except as otherwise provided in this Act. Bonds. Section 26. Said Act is hereby further amended by adding a new subsection (o) to section 9 thereof to read as follows: (o) The Venue for all bond validation proceedings pursuant to this Act shall be Fulton County and the Superior Court of Fulton County shall have exclusive trial court jurisdiction over such proceedings. Venue. Section 27. Said Act is hereby further amended by inserting between sections 9 and 10 thereof a new section 9.1 to read as follows: Section 9.1 Bond Anticipation Notes. The Authority is authorized to issue bond anticipation notes and may renew the same from time to time but the maximum maturity of such notes, including renewals thereof, shall not exceed five years from the date of issue of such original notes. Such notes shall be payable from any moneys of the Authority available therefor and not otherwise pledged or from the proceeds of sale of the bonds of the Authority in anticipation of which they were issued. The notes may be issued for any corporate purpose of the Authority. The notes shall be issued in the same manner as bonds and such notes and the resolution or resolutions authorizing the same may contain any provisions, conditions or limitations, not inconsistent

Page 1664

with the provisions of this section, which bonds or a bond resolution of the Authority may contain. Such notes may be sold at public or private sale. In case of default on its notes or violation of any obligations of the Authority to the noteholders, the noteholders shall have all the remedies provided herein for bondholders. Such notes shall be as fully negotiable as the bonds of the Authority. Section 28. Said Act is hereby further amended by striking the period at the end of section 10 thereof, inserting in lieu thereof a comma and adding the following language: and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section: Provided, however, such funds as may be received from State appropriations or from any source are hereby declared to be available for, and may be used by, the Authority for the performance of any lease or contract entered into by the Authority or for the payment of any obligations of the Authority incurred pursuant to this Act. Section 29. Said Act is hereby further amended by striking paragraph (2) of subsection (a) of section 12 in its entirety, and inserting in lieu thereof a new paragraph (2) of subsection (a) of section 12 to read as follows: (2) any proceeds of sales of bonds to the extent provided in the resolution of the Authority authorizing the issuance thereof except that the amount under this paragraph shall not be less than 10% of such proceeds;. Section 30. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. The Governor shall appoint the public members after the effective date of this Act, and those members together with the four permanent members of the reconstituted Authority shall take office on May 1, 1975. Effective date. Section 31. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 29, 1975.

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RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1975 PROPOSING AMENDMENTS TO THE CONSTITUTION OF GEORGIA

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NEW STATE PERSONNEL BOARD CREATED. Proposed Amendment to the Constitution. No. 2 (Senate Resolution No. 25). A Resolution. Proposing an amendment to the Constitution so as to abolish the present State Personnel Board and to provide for a new State Personnel Board which shall provide policy direction for a State Merit System of Personnel Administration; to provide for qualifications of members, their appointment and terms of office; 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 XIV, of the Constitution is hereby amended by striking Paragraph I in its entirety and inserting in lieu thereof a new Paragraph I to read as follows: Paragraph I. State Personnel Board. The State Personnel Board in existence at the time of the submission of this proposed amendment for ratification or rejection is hereby abolished. The persons appointed to said board shall serve through December 31, 1976, at which time their terms of office shall stand abolished. There is hereby created a new nonsalaried State Personnel Board which shall provide policy direction for a State Merit System of Personnel Administration. Under said merit system, State personnel shall be selected on a basis of merit, fitness and demonstrated ability according to law. The State Personnel Board shall be comprised of five citizens of this State, of known interest in the improvement of the quality of State government. Members of the State Personnel Board shall be appointed by the Governor, subject to confirmation by the Senate. The first members shall be appointed for terms of one, two, three, four and five years, respectively, the term to be designated by the Governor. All

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subsequent appointments shall be for a period of five years, except unexpired terms. Service on the State Personnel Board shall be restricted to two consecutive terms, provided that the completion of an unexpired term shall not be considered a term of service within the context of this two-term limitation. No State official or employee shall be a member of the State Personnel Board. All members of the State Personnel Board shall hold office until their successors are appointed and qualified. Vacancies in office shall be filled by appointment of the Governor and submitted to the Senate for confirmation at the next session of the General Assembly after the making of the appointment. 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 five-member State Personnel Board which shall provide policy direction for a State Merit System of Personnel Administration in lieu of the present State Personnel Board? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

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OUTDOOR ADVERTISING AND JUNKYARD ZONING ADJACENT TO FEDERAL-AID HIGHWAY SYSTEM AUTHORIZED, ETC. Proposed Amendment to the Constitution. No. 6 (Senate Resolution No. 96). A Resolution. Proposing an amendment to the Constitution so as to amplify the areas of regulation of outdoor advertising and junk yards and the acquisition of necessary property interests adjacent to the Federal-Aid Highway System; to authorize the acquisition of property for the purpose of removing and regulating outdoor advertising and junk yards adjacent to the Federal-Aid Highway System so as to avoid the loss of huge sums of money which would otherwise be available to the State from the United States of America as federal-aid highway assistance; to authorize zoning of property adjacent to the Federal-Aid Highway System; to authorize rules and regulations governing outdoor advertising and junk yards adjacent to the Federal-Aid Highway System; to authorize roadside development, landscaping, the acquisition of property for and the construction of rest and recreational areas as part of the Federal-Aid Highway 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 V, Section XI, Paragraph II of the Constitution is hereby amended by striking Paragraph II in its entirety and by substituting in lieu thereof a new Paragraph II to read as follows: Paragraph II. Compliance with Federal Law. In order to comply with Federal law providing for control of outdoor advertising and junk yards adjacent to the roads of the Federal-Aid Highway Systems:

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(1) the State of Georgia, acting by and through the Department of Transportation, is authorized to acquire any interests in property for the purpose of removing or requiring the removal of outdoor advertising and for the purpose of screening or removing or requiring the removal or screening of junk yards adjacent to such roads, said acquisition to be in accordance with provisions of law and of this Constitution relating to the acquiring of private property interests for such public road purposes and activities incident thereto; and (2) the General Assembly may zone property adjacent to the public roads of such Federal-Aid Highway Systems for commercial or industrial purposes or in respect to the location of advertising signs, displays or devices or in respect to the establishment, removal or control of junk yards and may provide for rules and regulations governing advertising and junk yards adjacent to such roads. The General Assembly is authorized to provide for landscaping and roadside development within the rights-of-way of the Federal-Aid Highway Systems and for the acquisition of interests in and improvement of strips of land necessary for the restoration, preservation, and enhancement of scenic beauty adjacent to such highways, including acquisition and development of publicly-owned and controlled rest and recreation areas and sanitary and other facilities within or adjacent to the rights-of-way of the Federal-Aid Highway 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 amplify and provide for the regulation of outdoor advertising and junk yards and the acquisition of property necessary to

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such regulation and for the establishment of roadside rest and recreation areas adjacent to the Federal-Aid Highway System? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. POLITICAL SUBDIVISIONS AUTHORIZED TO OBTAIN FEDERAL COMMUNITY DISASTER LOANS. Proposed Amendment to the Constitution. No. 7 (Senate Resolution No. 116). A Resolution. Proposing an amendment to the Constitution, so as to authorize counties, municipalities and political subdivisions of the State to obtain federal community disaster loans pursuant to and in accordance with the provisions of the Federal Disaster Relief Act of 1974 (Public Law 93-288); to provide for submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section VII of the Constitution is hereby amended by adding a new Paragraph at the end thereof, to be designated Paragraph VIII to read as follows: Paragraph VIII. Community Disaster Loans. In addition to the obligations hereinbefore allowed, each county,

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municipality and political subdivision of the State authorized to levy taxes is hereby granted the authority to obtain federal community disaster loans, in an amount up to twenty-five percent of the anticipated revenues for the fiscal year in which the disaster occurs, in accordance with and pursuant to the provisions of the Federal Disaster Relief Act of 1974 (Public Law 93-288); provided that authorization for such loans is contingent upon the county, municipality or political subdivision of the State suffering a substantial loss of tax and other revenues as a result of a major disaster and the existence of a demonstrated need for financial assistance in order to perform its governmental functions. Federal community disaster loans may only be applied for and obtained from the federal government under the condition that requirement of repayment of all or any part of such loans shall be cancelled in the event that and to the extent that revenues of the county, municipality or political subdivision during the full three-year fiscal period following the major disaster are insufficient to meet the operating budget of the local government, including additional disaster related expenses of a municipal operation character. 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 counties, municipalities and political subdivisions of the State to obtain federal community disaster loans pursuant to the provisions of the Federal Disaster Relief Act of 1974 (Public Law 93-288)? 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. CHATTOOGA COUNTYDISPOSITION OF CERTAIN FEES COLLECTED BY TAX COMMISSIONER FROM BOARD OF EDUCATION PROVIDED. Proposed Amendment to the Constitution. No. 8 (Senate Resolution No. 163). A Resolution. Proposing an amendment to the Constitution so as to provide for a certain disposition of fees, costs and fines received or collected by the Tax Commissioner of Chattooga County from the Board of Education of Chattooga County; to provide for submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article XI, Section I, Paragraph VI of the Constitution is hereby amended by adding a new paragraph at the end thereof, to read as follows: All fees, costs and fines as are now or may hereafter be allowed by law to be received or collected by the Tax Commissioner of Chattooga County from the Board of Education of Chattooga County shall be collected by him for the sole use of the Board of Education of Chattooga County and shall be the property of the Board of Education of Chattooga County. Such funds shall be held as public funds belonging to the Board of Education of Chattooga County, and shall be accounted for and paid to the Board of Education of Chattooga County by the

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fifteenth day of every month for the immediately preceding month. 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 fees, costs and fines collected by the tax Commissioner of Chattooga County from the Board of Education of Chattooga County shall be the property of the Board of Education of Chattooga 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. POLITICAL SUBDIVISIONS AUTHORIZED TO MAKE CERTAIN INVESTMENTS OF SINKING FUNDS. Proposed Amendment to the Constitution. No. 9 (House Resolution No. 8-48). A Resolution. Proposing an amendment to the Constitution so as to authorize any county, municipality or subdivision to invest sinking funds held by it to pay off bonded indebtedness

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in accounts and certificates fully insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation; 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 VIII, Paragraph I of the Constitution is hereby amended by striking Paragraph I in its entirety and substituting in lieu thereof, the following: Paragraph I. Sinking Funds for Bonds. All amounts collected from any source for the purpose of paying the principal and interest of any bonded indebtedness of any county, municipality or subdivision and to provide for the retirement of such bonded indebtedness, above the amount needed to pay the principal and interest on such bonded indebtedness due in the year of such collection, shall be placed in a sinking fund to be held and used to pay off the principal and interest of such bonded indebtedness thereafter maturing. The funds in such sinking fund shall be kept separate and apart from all other moneys of such county, municipality or subdivision, and shall be used for no purpose other than above stated. The moneys in such sinking fund may be invested and reinvested by the governing authorities of such county, municipality or subdivision or by such other authority as has been created to hold and manage such sinking fund, in the bonds of such county, municipality, or subdivision, in the bonds or obligations of the State of Georgia, of the counties and cities thereof and of the government of the United States, of subsidiary corporations of the Federal Government fully guaranteed by such government and in accounts and certificates which are fully insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation, and no other. Any person or persons violating the above provisions shall be guilty of malpractice in office and shall also be guilty of a misdemeanor, and

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shall be punished, when convicted, as prescribed by law for the punishment of misdemeanors, until the General Assembly shall make other provisions for the violation of the terms 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 any county, municipality orsubdivision to invest sinking funds held by it to pay off bonded indebtedness in accounts and certificates fully insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation? 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 NEWNAN DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 10 (House Resolution No. 23-130). A Resolution. Proposing an amendment to the Constitution so as to provide for the establishment of a Downtown Newnan Development

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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 VIII, Section VII, Paragraph I of the Constitution is amended by adding at the end thereof the following: The General Assembly shall be authorized to create in and for the City of Newnan, the Downtown Newnan Development Authority for the purpose of redevelopment of the downtown Newnan 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 Newnan 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 Newnan and to levy and collect taxes within said districts based on values of real property fixed by the Tax Digest of the City of Newnan, 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 indebtdeness. 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 Newnan 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

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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 provide for the establishment of a Downtown Newnan 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 the Constitution of this State. DOUGLAS COUNTYRECALL OF CERTAIN COUNTY OFFICERS PROVIDED. Proposed Amendment to the Constitution. No. 11 (House Resolution No. 27-144). A Resolution. Proposing an amendment to the Constitution so as to provide for the recall of the Clerk of the Superior Court, the Judge of the Probate Court, the Sheriff, the Tax Commissioner, and the Coroner of Douglas County, or any member of the Douglas County 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:

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Section 1. Article XI, Section I, Paragraph VI of the Constitution is hereby amended by adding at the end thereof the following: The Clerk of the Superior Court, Judge of the Probate Court, Sheriff, Tax Commissioner, or Coroner of Douglas County, or any member of the Douglas County Board of Education shall be subject to recall at any time after their election or appointment upon petition in writing. The petition for such recall election shall be signed by not less than 30 percent of the registered voters of the County who are registered to vote on the date the notice required by this paragraph is given to the Judge of the Probate Court. The persons sponsoring such petition shall address such petition to the Judge of the Probate Court, petitioning him to call for a special election to submit the question of whether any such official shall be recalled. Prior to obtaining any signatures on any such petition, a blank copy of the proposed petition shall be submitted to the Judge of the Probate Court of Douglas County with a notice that a petition is to be circulated seeking the signatures for a special election for the recall of one of the above named officials. The petition shall be submitted to the Judge of the Probate Court with the required signatures within 45 days following the date on which the notice of the proposed petition is given to the Judge of the Probate Court. If such petition is not submitted within the 45-day time limit, it shall be void and of no force or effect. Upon submission of the petition to the Judge of the Probate Court it shall be the duty of the Judge to determine whether such petition bears the proper percentage of names and to determine the sufficiency of the petition. Such determinations shall be made by the Judge within 15 days following the date on which the petition is submitted to the Judge. In the event he determines that the petition is in order, it shall be the duty of the Judge of the Probate Court to issue the call for an election, and such call shall be issued within 5 days following the date that he determines that the petition is in order. He shall set the date of the election for not less than 30 nor more than 45 days following the issuance

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of the call. It shall be his further duty to publish the date and purpose of such election once a week for 2 weeks immediately preceding the date thereof in the official organ of the County in which the Sheriff's advertisements appear. The ballot shall have written or printed thereon the following: `() YES () NO Shall (name of officeholder), (name of office) be recalled and removed from office?' Those persons desiring to vote in favor of recall shall vote `Yes' and those desiring to vote against recall shall vote `No'. If a majority of those voting in such election vote in favor of recall, the office in question shall be vacated from the date of such recall election. If a majority of those voting vote against recall, the official shall remain in office. It shall be the duty of the Judge of the Probate Court to hold and conduct the election and to declare and certify the results. It shall be his further duty to certify the results to the Secretary of State. If a petition is denied as not having a sufficient number of signatures, or if a majority of those voting in a recall election vote against recall, no new petition shall be presented to the Judge of the Probate Court within 1 year from the date of the submission of the previous petition. Vacancies created by recall shall be filled in the same manner as otherwise provided by law for the filling of vacancies in the office concerned. Any person who is recalled from office under the provisions of this paragraph shall be eligible to fill the vacancy created by such recall. 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 a procedure for the recall of the Clerk of the Superior Court, Judge of the Probate Court, Sheriff, Tax Commissioner, Coroner or members of the Board of Education of Douglas 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. TOWN OF AUBURNHOMESTEAD EXEMPTION FOR RESIDENTS PROVIDED. Proposed Amendment to the Constitution. No. 12 (House Resolution No. 59-242). A Resolution. Proposing an amendment to the Constitution so as to provide that the homestead of residents of the Town of Auburn shall be granted a homestead exemption of $2,000 from all ad valorem taxation by said town; 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 Town of Auburn is hereby granted an exemption of $2,000 from all ad

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valorem taxes levied by said town. The exemption provided by this paragraph shall not apply to any homestead which is not actually occupied by the owner as a residence. 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 Town of Auburn, attesting his residence in said town and upon the property for which the exemption is sought, and giving 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 Town of Auburn, 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 Town of Auburn. The exemption provided for herein shall apply to all taxable years beginning after December 31, 1976. 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 grant a $2,000 homestead exemption from municipal taxes to the residents of the Town of Auburn? 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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MINIMUM QUALIFICATIONS FOR SHERIFFS ESTABLISHED. Proposed Amendment to the Constitution. No. 13 (House Resolution No. 73-310). A Resolution. Proposing an amendment to the Constitution so as to establish minimum qualifications for sheriffs; to provide certain limitations; to provide for submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article XI, Section II of the Constitution is hereby amended by adding at the end thereof a new Paragraph, to be designated Paragraph III, to read as follows: Paragraph III. Sheriffs; qualifications. Any provision of this Constitution to the contrary notwithstanding, every sheriff shall possess the qualifications required by general law as minimum standards and training for peace officers. The General Assembly is hereby authorized to provide by law for higher qualifications for sheriffs. The provisions of this Paragraph shall not apply to any sheriff in office on January 1, 1977. 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 require sheriffs to meet minimum standards and training required by general law?

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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. PROGRAM OF INDEMNIFICATION FOR CERTAIN OFFICERS PROVIDED. Proposed Amendment to the Constitution. No. 14 (House Resolution No. 77-310). A Resolution. Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for a program of indemnification with respect to the death of any law enforcement officer, fireman or prison guard killed in the line of duty; to provide for submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section I, Paragraph II of the Constitution is hereby amended by adding at the end thereof a new paragraph to read as follows: The General Assembly is hereby authorized to provide by law for a program of indemnification with respect to the death of any law enforcement officer, fireman or prison guard who is or has been killed in the line of duty subsequent to January 1, 1973. Such law may provide for the method of payment of such indemnification and all other matters relative thereto; provided, that no such law may provide an indemnification with respect to the

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death of a law enforcement officer, fireman or prison guard which is in excess of $50,000. The General Assembly is hereby authorized to levy taxes and to appropriate State funds for the payment of such indemnification and for the purpose of implementing any law as authorized by 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 General Assembly to provide by law for indemnification with respect to the death of a law enforcement officer, fireman or prison guard killed in the line of duty in an amount not to exceed $50,000? 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. NEWTON COUNTYTIME OF TAX PAYMENTS CHANGED, ETC. Proposed Amendment to the Constitution. No. 15 (House Resolution No. 109-434). A Resolution. Proposing an amendment to the Constitution so as to authorize the General Assembly to prescribe by law applicable

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to Newton County 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, and the manner in which tax payments shall be apportioned in Newton 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: 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 Newton 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 charges to be made for any purpose against property or property owners; (b) Prescribe the manner in which bills and notices coverting taxes or assessments or other charges, including those due to the State of Georgia and Newton 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 Newton County, shall be due, either in installments or in one sum, and when default in such payment shall occur; and

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(d) Authorize payments or partial payments of taxes, assessments or other charges, or installments thereof, to be apportioned between the State of Georgia and Newton 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. 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 prescribe by law applicable to Newton County 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 installments or in one sum, the time default shall occur, and the manner in which tax payments shall be apportioned in Newton 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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CITY OF PERRYCERTAIN INCOME EXCLUDED IN QUALIFYING FOR CERTAIN HOMESTEAD EXEMPTION. Proposed Amendment to the Constitution. No. 16 (House Resolution No. 117-445). A Resolution. Proposing an amendment to the Constitution so as to exclude retirement, pension or disability benefits, up to a certain maximum amount, as income for the purpose of persons 65 years of age or over qualifying for a homestead exemption of $4,000.00 from ad valorem taxes levied by the City of Perry; 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: The City of Perry shall be authorized to grant to each person who is sixty-five (65) years of age or over an exemption from all ad valorem taxes levied by such city in the amount of $4,000.00 on the homestead owned and occupied by such person as a residence, if his net income, together with the net income of his spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources, including any federal old-age, survivor or disability insurance benefits or benefits receiver from any retirement or pension fund when such benefits are based on contributions made thereto by such person or his spouse, does not exceed $6,000.00 for the immediately preceding taxable year for income tax purposes,, and inserting in lieu thereof the following: The City of Perry shall be authorized to grant to each person who is sixty-five (65) years of age or over an

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exemption from all ad valorem taxes levied by such city in the amount of $4,000.00 on the homestead owned and occupied by such person as a residence, if his net income, together with the net income of his spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources, except as hereinafter provided, does not exceed $6,000.00 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. 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 65 years of age or over qualifying for a homestead exemption of $4,000.00 from ad valorem taxes levied by the City of Perry? 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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SECRETARY OF STATE AUTHORIZED TO GRANT CORPORATE POWERS. Proposed Amendment to the Constitution. No. 17 (House Resolution No. 122-477). A Resolution. Proposing an amendment to the Constitution so as to confer the authority to grant corporate powers and privileges to private companies to the Secretary of State; provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article III, Section VII, Paragraph XVII of the Constitution is hereby amended by striking Paragraph XVII in its entirety and substituting in lieu thereof a new Paragraph XVII to read as follows: Paragraph XVII. Corporate Powers, How Granted. The General Assembly shall have no power to make or change election precincts, nor to establish bridges or ferries, nor to change names of legitimate children; but it shall prescribe by law the manner in which such powers shall be exercised by the courts. The General Assembly shall have no power to grant corporate powers and privileges to private companies, but it shall prescribe by law the manner in which such power to grant corporate powers and privileges to private companies shall be exercised by the Secretary of State. All corporate powers and privileges to banking, trust, insurance, railroad, canal, navigation, express and telegraph companies shall be issued and granted by the Secretary of State in such manner as shall be prescribed by law; and if in any event the Secretary of State should be disqualified to act in any case, then in that event the legislature shall provide by general laws by what person such charter shall be granted.

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Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to authorize the Secretary of State to grant corporate charters and powers to persons who wish to form corporations? 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. PEACH COUNTY JUSTICE OF PEACEJURISDICTION INCREASED. Proposed Amendment to the Constitution. No. 18 (House Resolution No. 127-523). A Resolution. Proposing an amendment to the Constitution so as to increase the dollar amount of civil cases over which the Justice of the Peace of Peach County shall have jurisdiction; 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 VI, Section VII, Paragraph II of the Constitution is hereby amended by providing at the end thereof the following paragraph: Provided, however, that in Peach County the Justice of the Peace shall have jurisdiction in all civil cases arising ex contractu and in cases of injury or damage to and conversion of personal property, when the principal sum does not exceed five hundred dollars, and shall sit monthly at fixed times and places but in all cases there may be an appeal to a jury in said court, or an appeal to the Superior Court under such regulations as may be prescribed by law. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to increase the dollar amount of civil cases over which the Justices of the Peace in Peach County shall have jurisdiction from two hundred dollars to five hundred dollars? 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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COWETA COUNTY BOARD OF EDUCATIONCERTAIN CONTRACTS AUTHORIZED, ETC. Proposed Amendment to the Constitution. No. 19 (House Resolution No. 128-535). A Resolution. Proposing an amendment to the Constitution so as to authorize the Board of Education of Coweta County to enter into certain leases, contracts, and lease agreements for a term not exceeding 30 years; 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 a new paragraph to read as follows: Leases Authorized. The Board of Education of Coweta County, and its successors, is hereby authorized to enter into leases, contracts and lease purchase agreements for a term not exceeding 30 years for land, buildings, equipment, or facilities, or any combination thereof, with any public or private party, agency, individual, corporation, partnership or association, to be used for educational or school purposes. As part of such lease, contract or lease purchase agreement the Board of Education of Coweta County may enter into binding agreements for the payment of funds for the use of such land, buildings, equipment or facilities for such period not to exceed 30 years which shall constitute a charge against the revenues of said Board of Education; and the obligations incurred by the Board of Education of Coweta County pursuant to the authority of this paragraph shall not constitute debt within the meaning of the debt limitation provided for by this Paragraph I or any other Article, Paragraph or Provision of this Constitution. Said Board of Education may expend funds for the purpose of improving any land,

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buildings or facilities, or any combination thereof, the control over which is acquired pursuant to the authority 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 Coweta County to enter into leases, contracts and lease purchase agreements for a term not exceeding 30 years for land, buildings, equipment, or facilities, or any combination thereof, to be used for public 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. CRISP COUNTY AUTHORIZED TO ISSUE BONDS FOR ELECTRIC DISTRIBUTION SYSTEM, ETC. Proposed Amendment to the Constitution. No. 20 (House Resolution No. 144-606). A Resolution. Proposing an amendment to the Constitution so as to authorize the County of Crisp to issue revenue anticipation

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obligations under certain conditions and without an election for electric generation, transmission and distribution systems; 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, is hereby amended by adding at the end thereof a new paragraph, to read as follows: Notwithstanding any other provision of this Paragraph, Crisp County, Georgia, may issue revenue anticipation obligations to construct, operate, repair, improve, purchase, extend and maintain electric generation, transmission and distribution systems, together with all necessary appurtenances thereof 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 revenue anticipation obligations must be authorized 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. Each notice shall specify the purposes for which the funds shall be spent. The aggregate of all outstanding revenue anticipation obligations shall not exceed the limitations now provided elsewhere in this Section 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 the County of Crisp to issue

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revenue anticipation obligations under certain conditions and without election for electric generation, transmission and distribution systems? 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 AUTHORIZED TO ENTER INTO CERTAIN GARBAGE AND SOLID WASTE COLLECTION AND DISPOSAL CONTRACTS. Proposed Amendment to the Constitution. No. 21 (House Resolution No. 156-662). A Resolution. Proposing an amendment to the Constitution so as to authorize the governing authority of DeKalb County to enter into certain contracts providing for garbage and solid waste collection and disposal; 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 IX, Section III of the Constitution is hereby amended by adding a new paragraph at the end thereof to read as follows: Any provision of this Constitution to the contrary notwithstanding, the governing authority of DeKalb County is authorized to contract with one or more private

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firms, corporations or other business entities, even though the term of any such contract exceeds the term for which the governing authority was elected, for the purpose of carrying out and effectuating the powers granted in this Section concerning garbage and solid waste collection and disposal. 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 DeKalb County to contract with private firms for garbage and solid waste collection and disposal? 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 OFFENDER REHABILITATION SUBSTITUTED FOR BOARD OF CORRECTIONS IN THE CONSTITUTION. Proposed Amendment to the Constitution. No. 22 (House Resolution No. 200-856). A Resolution. Proposing an amendment to the Constitution so as to delete therefrom the provisions pertaining to the Board of Corrections

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and substituting in lieu thereof a Board of Offender Rehabilitation; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article V, Section V, Paragraph I of the Constitution is hereby amended by deleting said Paragraph in its entirety and substituting in lieu thereof the following: Paragraph I. The Board of Offender Rehabilitation. There is hereby created a Board of Offender Rehabilitation, to be composed of nine members as follows: the five members of the Board of Corrections who serve ex officio as members of the statutory Board of Offender Rehabilitation shall continue to serve out the terms to which they were appointed as members of the Board of Offender Rehabilitation herein created; the Governor shall appoint the remaining four members, subject to the consent of the Senate. The initial appointments by the Governor shall be for one, two, three and four years, respectively. Thereafter, successors to the initial members of the Board shall be appointed by the Governor, subject to the consent of the Senate, for terms of office of four years and until their successors are duly appointed and qualified. The Board shall establish the general policy to be followed by the Department of Offender Rehabilitation. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to delete therefrom the provisions pertaining to the Board of Corrections and substituting in lieu thereof a Board of Offender Rehabilitation?

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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. DOWNTOWN ATHENS DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 23 (House Resolution No. 205-781). A Resolution. Proposing an amendment to the Constitution so as to provide for the establishment of a Downtown Athens Development Authority; to authorize the General Assembly of Georgia to create such Authority as a corporate body and to specify its powers and duties; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section VII, Paragraph I of the Constitution is amended by adding at the end thereof the following: The General Assembly shall be authorized to create in and for the City of Athens, the Downtown Athens Development Authority for the purpose of the redevelopment of the downtown Athens area. Said Authority shall have the power to employ engineers and planners, to buy, sell and lease real estate, and other property, to contract for the construction, remodeling and altering of buildings, and to contract with the City of Athens for the construction, reconstruction, altering, changing and closing of

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streets and alleys. The General Assembly shall be authorized to empower the Authority to create special tax districts within the City of Athens, and to submit to the Mayor and Council of the City of Athens a proposed millage rate for taxes on property within said districts based on values of real and personal property fixed by the Tax Digest of the City of Athens and upon approval of such rate by the Mayor and Council of the City of Athens, to have such taxes levied and collected along with ad valorem taxes of the City of Athens, and to use the income therefrom to finance the projects undertaken by such Authority. The Authority shall have the power to issue bonds and/or revenue certificates, and to pledge revenues and taxes collected within said districts as herein provided 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 exclusively for school or church purposes. The Authority shall have the right and power of eminent domain for the purpose of acquiring property in carrying out 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 Athens which shall be subject to the provisions of this amendment. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to provide for the establishment of a Downtown Athens 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. COWETA COUNTY AUTHORIZED TO PROVIDE CERTAIN AD VALOREM TAX EXEMPTIONS FOR DEVELOPMENT INVENTIVES. Proposed Amendment to the Constitution. No. 24 (House Resolution No. 208-885). A Resolution. Proposing an amendment to the Constitution so as to encourage and enhance overall economic development, increase employment, promote industry and commerce, provide incentives for the location of new (or the expansion of existing) manufacturing, processing, storage or transhipment facilities by authorizing the governing authority of Coweta County or any municipal corporation within Coweta County to provide for the exemption from all ad valorem taxation by such governing authority of all tangible personal property within Coweta County in transit through Coweta County from outside the State to a final destination outside the State and all tangible personal property grown, harvested, manufactured, processed or refined in Coweta County and stored therein for shipment outside the 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:

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Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following paragraph: In order to encourage and enhance overall economic development, increase employment, promote industry and commerce, provide incentives for the location of new (or expansion of existing) manufacturing, processing, storage or transhipment facilities, the governing authority of Coweta County or any municipal corporation within Coweta County shall have the authority to provide for the exemption from all ad valorem taxation by such governing authority of tangible personal property transported into the territorial jurisdiction of such governing authority from outside the State in transit to a final destination outside the State and of tangible personal property grown, harvested, manufactured, processed or refined in Coweta County and stored therein for shipment outside the State. Property shall not cease to be in transit within the exemption granted pursuant to this provision by virtue of the fact that while held, or while in storage, in Coweta County such property is assembled, bound, joined, processed, disassembled, divided, cut, broken in bulk, packaged, labeled, repackaged or relabeled. Such tangible personal property 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 industry and commerce, and provide incentives for the location of new (and the expansion of existing) manufacturing, processing,

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storage and transhipment facilities, the governing authority of Coweta County or of any municipal corporation within Coweta County shall have the power to exempt from all ad valorem taxation by such governing authority tangible personal property in transit from without the State through Coweta County to a destination outside the State and tangible personal property grown, harvested, manufactured, processed or refined in Coweta County and stored therein for shipment outside the State. Such property shall not be exempt from 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. LOWNDES COUNTYCERTAIN HISTORICAL PROPERTY EXEMPTED FROM TAXATION. Proposed Amendment to the Constitution. No. 25 (House Resolution No. 229-910). A Resolution. Proposing an amendment to the Constitution so as to exempt certain real property of historical interest, lying within the limits of Lowndes County, from ad valorem taxation other than State ad valorem taxes; to provide for 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 I, Paragraph IV of the Constitution is hereby amended by adding a new paragraph at the end thereof to read as follows: The governing authority of Lowndes County is hereby authorized to establish reasonable criteria by which real property of historical interest and importance lying within said county may be designated and identified as such. Any real property meeting such criteria for designation and identification as real property of historical interest and importance, when such property is owned by a bona fide nonprofit civic, community, educational, literary or charitable organization, shall be exempt from ad valorem taxation other than ad valorem taxes levied by the State. 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 exempt real property of historical interest and importance, lying within Lowndes County, from ad valorem taxes when such property is owned by nonprofit civic, community, educational, literary or charitable organizations? 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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COWETA COUNTYSMALL CLAIMS COURT ESTABLISHED, ETC. Proposed Amendment to the Constitution. No. 26 (House Resolution No. 271-1056). A Resolution. Proposing an amendment to the Constitution so as to authorize the abolition of justice courts and the office of the justice of the peace and of notary public ex-officio justice of the peace in Coweta County; to provide for the establishment in lieu thereof of a small claims court; to provide for submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VI, Section VII, Paragraph I of the Constitution 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 and notwithstanding, the General Assembly is authorized to provide by local law for the abolition of justice courts and the office of justice of the peace and of notary public ex-officio justice of the peace in Coweta County, and to establish in lieu thereof a small claims court, conferring upon such court the jurisdiction as to subject matter now exercised by justice courts and justices of the peace and notaries public ex officio justices of the peace, together with such additional jurisdiction, either as to amount of subject matter, as may be provided by local law, whereof some other court has not exclusive jurisdiction under this Constitution; together with such provision as to rules and procedure in such court, and as to new trials and the correction of errors in and by such court, as the General Assembly may, from time to time, in its discretion, provide or authorize. Provided, that any such local law establishing a small claims court shall require

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the election of the judge thereof by the electors of Coweta County and shall require that the said judge shall be licensed to practice law in the courts of the said county. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to authorize the abolition of justice courts and the office of the justice of the peace and of notary public ex-officio justice of the peace in Coweta County, and to establish in lieu thereof a small claims court? 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. EAST POINT BUSINESS AND INDUSTRIAL DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 27 (House Resolution No. 276-1073). A Resolution. Proposing an amendment to the Constitution of the State of Georgia so as to create the East Point Business and Industrial

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Development Authority; to provide for the powers, authority and duty 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 validation thereof; to authorize the Authority to contract with the City of East Point 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 East Point to contract with the Authority for the use by the City of East Point or the residents thereof of any facilities or services of the Authority, and to authorize said city to create special tax districts and to levy taxes and to expend tax monies from said tax districts as well as tax funds of the city and other available funds of the city and to authorize the city to make payment thereof to the Authority upon such terms as may be provided in any contract entered into by and between the Authority and the City of East Point; to authorize the establishment of such rules and regulations and procedures as are necessary to accomplish the lawful purpose of said Authority; to provide for submission of this amendment for ratification or rejection; to repeal conflicting laws; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article XI, Section III, Paragraph I of the Constitution of the State of Georgia is hereby amended by adding at the end thereof the following: EAST POINT BUSINESS AND INDUSTRIAL DEVELOPMENT AUTHORITY 1. Creation. There is hereby created a body, corporate and politic to be known as the East Point Business and Industrial Development Authority which shall be deemed to be an instrumentality and political subdivision of the State of Georgia and a public corporation thereof and by that name, style and title said body may contract and be contracted with, sue and be sued, implead and be impleaded

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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, parking 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, and to attain development and promote for the public good, general welfare, trade commerce, industry and employment opportunities and to promote the general welfare of the community, same is vested with authority to ascertain and designate areas it deems proper to be blighted, retarded or slum areas which constitute a serious and growing menace injurious to the public health, safety, morals and welfare of the residents of the City of East Point; the existence of such areas constitutes substantially and increasingly to the spread of disease, crime and constitutes increasingly an economic and social liability, substantially impairs or arrests the sound growth of the municipality, retards the provision of housing for commercial accommodations, aggravates traffic problems and substantially impairs or arrests the elimination of traffic hazards and the improvement of traffic facilities; and the prevention and elimination of such areas is a matter of State and local policy and State and local concern in order that the State and its political subdivisions shall not continue to be endangered by areas which are focal centers of economic and social liability, and while contributing little to the tax income of the State and its municipalities, consume an excessive proportion of its revenue because of the extra services required for police, fire, accident, hospitalization and other forms of public protection, services and facilities; in

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order to alleviate the aforesaid problems and to accomplish the aforestated purpose, the Authority shall be vested with such powers as are necessary to accomplish same by acquisition, clearance and disposition subject to use restrictions of property, both real and personal, since the prevailing condition of decay may make impractical the reclamation of the area by conservation or rehabilitation; some areas or portions thereof may be susceptible to conservation or rehabilitation in such a manner that the conditions and evils hereinbefore enumerated may be eliminated or remedied or prevented and to the extent feasible, savable areas should be conserved and rehabilitated through voluntary private action and regulatory processes; and the Authority may do any and all things deemed by such Authority necessary, convenient or desirable for and incident to the efficient proper development and operation thereof. 3. Membership. The Authority shall consist of seven (7) members, one of whom shall be the Mayor of the City of East Point, Georgia, or his designated member from the City Council of the City of East Point. (a) Qualifications. All persons who have resided within the limits of the City of East Point for at least six months shall be eligible for nomination to membership on the Authority. (b) Composition and Appointments. The remaining six positions for membership in the Authority shall be comprised as follows: Three of the six positions shall be filled through a process of nomination by the East Point Business and Professional Association, Inc. or similar organization as designated by the Mayor and Council of East Point shall submit two nominees to the City Council of the City of East Point from which said City Council shall select one of said nominees to serve as a member of the Authority. In the event the City Council is unsatisfied with both of the names submitted, it may request the East Point Business and Professional Association, Inc. or similar organization as designated by the Mayor and

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Council of East Point to submit new nominees repeating the process until a member has been selected. The remaining three positions for membership on the Authority shall be filled by the aforesaid process of nomination by the Planning and Zoning Commission. One of said positions shall be filled by submitting two names from the Planning and Zoning Commission to the Mayor and Council for selection of one of the members of the Planning and Zoning Commission as a member of the Authority. The remaining two positions shall be filled by the nomination process through the Planning and Zoning Commission from the citizenry of the City of East Point. The Mayor of the City of East Point or his designee shall serve during the term of office for which he was elected. The Chairman of the Authority shall be selected by a majority of its members at the first annual meeting of each calendar year. The members of the Authority shall serve four (4) year staggered terms as follows: For the initial membership of the Authority, of the Three (3) positions filled by nominations from the East Point Business and Professional Association, Inc. or similar organization as designated by the Mayor and Council of East Point and the Planning and Zoning Commission of the City of East Point, one position shall be filled for a one-year term, two positions shall be filled for two-year terms, two positions shall be filled for three-year terms and one position for a four-year term. Thereafter, upon completion of a term for appointment, each successor shall be appointed for a four-year term and until their successors 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 December 31. The members of the Authority shall enter upon their duties immediately after such appointment. The Authority shall elect one of its members to serve as Vice 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 select one of its members in the same manner for a one-year term. The Authority shall also select a Secretary-Treasurer which Secretary-Treasurer need not necessarily

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be a member of the Authority and, if not a member, he or she shall have no voting rights and said Secretary-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-Treasurer. Four members of the Authority shall constitute a quorum. A majority of the members shall be 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 Authority shall make rules and regulations for its own government. It shall have perpetual existence. In the event the number of 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 East Point Business and Industrial Development Authority herein created. (b) The word `Projects' or `Project' shall be deemed to mean and include the acquisition, construction, equipping, 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,

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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 East Point 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 (Ga. Laws 1957, p. 36, et seq., as amended) amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. Laws 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.

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(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 East Point 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 may deem proper, or by condemnation in accordance with the provisions of any and all laws applicable to the condemnation of property for public use, real property, or rights or easements therein, or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the Authority, the Authority being under no obligation to accept and pay for any property condemned under the provisions hereof, except from the funds provided under the authority hereof, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action or proceedings as may be just to the Authority and to the owners of the property to be condemned; and no property shall be acquired under the provisions hereof upon which any lien or other encumbrance exists, unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and

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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 into the State treasury 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 East Point 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 East Point is hereby authorized to enter into contracts and related agreements for the use by the City of East Point or the residents hereof 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 shall 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 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 East Point, 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

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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 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

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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 funds 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 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-Treasurer of the Authority. Either of such

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signatures on any coupons may be by facsimile signature of the Chairman and Secretary-Treasurer of the Authority in accordance with the provision of applicable law. 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 this State, subject to provisions for registration. 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 or 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 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

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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 East Point, 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. 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, tolls, revenues and earnings to be received by the Authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair and insuring of the project, and the custody, safeguarding and application of all monies; and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the Authority, and satisfactory to the original purchasers of the bonds; and may also require that the security given by contractors and by any depositary of the proceeds of the bonds or revenues or other monies be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State or any other State or the United States to act as such

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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 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

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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 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

Page 1720

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 Fulton 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 some 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 adjudicated as a part of the basis of the security for the payment of any such bonds of the Authority. The bonds, then 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

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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, fees, 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 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

Page 1722

of East Point 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 liaberally construed for the accomplishment of its purposes. 30. Special Tax Districts. The City of East Point shall be empowered and authorized to create special tax districts within the City of East Point upon the areas of any projects for redevelopment or development that said Authority may determine, and to levy and collect taxes within said districts based on values of real property fixed by the tax digest of the City of East Point, to meet, pay for and retire any and all financial obligations of the Authority, its bonds and/or revenue certificates, and may pledge said revenue, and to levy and collect taxes within said districts for the retirement of said financial obligations.

Page 1723

No such special taxes shall be levied by the City of East Point for any purpose against property used exclusively for residential purposes within any such tax district. 31. Effective Date. This amendment shall be effective immediately upon proclamation of its ratification by the Governor. 32. 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 any other provisions of this Constitution. 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 East Point, Georgia, as the same now or may hereafter exist. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to create the East Point Business and Industrial Development 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 East Point and with the State of Georgia and any departments,

Page 1724

institutions, agencies, municipalities, counties or political subdivisions of the State of Georgia, public corporations and others and to authorize the City of East Point to contract with the Authority and to authorize the City of East Point to create special taxing districts and to levy taxes in said special taxing districts and to expend tax monies derived from said special taxing districts and to authorize the City of East Point to levy taxes and 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 East Point? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. COLUMBUS-MUSCOGEE COUNTYAUTHORIZED TO EXEMPT CERTAIN DEVELOPMENT PROPERTY FROM AD VALOREM TAXATION. Proposed Amendment to the Constitution. No. 28 (House Resolution No.349-1192). A Resolution. Proposing an amendment to the Constitution so as to encourage and enhance overall economic development, increase

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employment, promote industry and commerce, provide incentives for the location of new (or the expansion of existing) manufacturing, processing, storage or transhipment facilities by authorizing the governing authority of Columbus-Muscogee County or any municipal corporation within Muscogee County to provide for the exemption from all ad valorem taxation by such governing authority of all tangible personal property within Muscogee County in transit through Muscogee County from outside the State to a final destination outside the State and all tangible personal property grown, harvested, manufactured, processed or refined in Muscogee County and stored therein for shipment outside the 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 I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following paragraph: In order to encourage and enhance overall economic development, increase employment, promote industry and commerce, provide incentives for the location of new (or expansion of existing) manufacturing, processing, storage or transhipment facilities, the governing authority of Columbus-Mscogee County or any municipal corporation within Muscogee County shall have the authority to provide for the exemption from all ad valorem taxation by such governing authority of tangible personal property transported into the territorial jurisdiction of such governing authority from outside the State in transit of a final destination outside the State and of tangible personal property grown, harvested, manufactured, processed or refined in Muscogee County and stored therein for shipment outside the State. Property shall not cease to be in transit within the exemption granted pursuant to this provision by virtue of the fact that while held, or while in storage, in Muscogee County such property is assembled, bound, joined, processed, disassembled, divided,

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cut, broken in bulk, packaged, labeled, repackaged or relabeled. Such tangible personal property 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 industry and commerce, and provide incentives for the location of new (and the expansion of existing) manufacturing, processing, storage and transhipment facilities, the governing authority of Columbus-Muscogee County or of any municipal corporation within Muscogee County shall have the power to exempt from all ad valorem taxation by such governing authority tangible personal property in transit from without the State through Muscogee County to a destination outside the State and tangible personal property grown, harvested, manufactured, processed or refined in Muscogee County and stored therein for shipment outside the State. Such property shall not be exempt from 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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ACTS AND PROCLAMATION EXTRAORDINARY SESSION OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1975 June 23, 1975-July 3, 1975

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REVENUECONSOLIDATED CITY-COUNTY GOVERNMENTSCALL FOR REFERENDUM ELECTIONS PROVIDED. No. 1 (House Bill No. 3). 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 as to consolidated city-county governments the local governing authority may issue a call for a referendum as a municipality by resolution at any time without following the procedure set forth in section 26A (f) of said Act, and without a delay of ninety (90) days; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. An Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. L. 1951, p. 360), as amended, is hereby amended by deleting the period at the end of the first sentence in subsection (f) of section 26A and inserting in lieu thereof the following: ;provided, further, that as to consolidated city-county governments the local governing authority may issue the call for such referendum as a municipality by resolution at any time without following the procedure set forth in this paragraph and without a delay of ninety (90) days. 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 June 30, 1975. CERTAIN MUNICIPALITIESELECTION PROVISIONS CHANGEDREFERENDUM (11,200-11,250). No. 2 (House Bill No. 6). An Act to provide that in certain municipalities there shall be no municipal general election conducted in 1975 and no election for the office of alderman in 1977; to make provisions for the terms of office of certain aldermen; to provide the procedures connected therewith; to provide an effective date; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In all municipalities in this State having a population of not less than 11,200 and not more than 11,250,

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according to the 1970 U. S. Decennial Census or any such future census, the 1975 municipal general election shall not be conducted. The successor to that alderman who would otherwise have been elected in the 1975 general election shall be elected in the 1976 general election. In the 1977 general election, there shall be no election for alderman. The successor to that alderman who would otherwise have been elected in 1977 shall be elected in the 1978 general election. Section 2. Section 3 of this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 1 shall become effective as is provided for in section 3. Effective date. Section 3. Not less than 15 nor more than 60 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the election superintendents of all cities provided for in Section 1 of this Act to issue the call for an election for the purpose of submitting this Act to the electors of such cities for approval or rejection. The superintendents shall set the date of such election for a day not less than 30 nor more than 60 days after the date of the issuance of the call. The superintendents 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 county wherein the particular city shall be located. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act extending for one year the term of office of the aldermen of this City whose terms would otherwise expire in 1975 and 1977 be approved? Referendum. All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. In each municipality, if more than one-half of the votes cast on such question are for approval of the Act, it shall immediately become of full force and effect as to that municipality, otherwise it shall be void and of no force and effect as to such municipality.

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It shall be the duty of the superintendents to hold and conduct such elections. It shall be their further duty to certify the result thereof to the Secretary of State. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved July 2, 1975. REVENUECOUNTY BOARDS OF EQUALIZATIONMEMBER PROVISIONS CHANGED. (180,000-190,000). No. 3 (House Bill No. 5). An Act to amend an Act comprehensively and exhaustively revising, superseding and modernizing procedures for a review of assessments made by county boards of tax assessors and providing for county boards of equalization, approved April 6, 1972 (Ga. L. 1972, p. 1094), as amended by an Act approved April 13, 1973 (Ga. L. 1973, p. 709), by an Act approved March 21, 1974 (Ga. L. 1974, p. 609), and by an Act approved April 24, 1975 (Ga. L. 1975, p. 1090) so as to provide for additional alternate members of county boards of equalization in all counties of this State having a population of not less than 180,000 nor more than 190,000 according to the United States Decennial Census of 1970, or any future such census; to provide for the appointment of a chairman and vice chairmen of each board of equalization of such counties and to give such chairman and vice chairmen administrative authority over the conduct of the board's business; to provide authority for said alternates to sit upon said boards of equalization of such counties; to provide when said alternate members shall become competent to serve on said boards of equalization of such counties; to provide 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:

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Section 1. An Act comprehensively and exhaustively revising, superseding and modernizing procedures for a review of assessments made by county boards of tax assessors and providing for county boards of equalization, approved April 6, 1972 (Ga. L. 1972, p. 1094), as amended by an Act approved April 13, 1973 (Ga. L. 1973, p. 709), by an Act approved March 21, 1974 (Ga. L. 1974, p. 609), and by an Act approved April 24, 1975 (Ga. L. 1975, p. 1090), is hereby amended by adding a new paragraph at the end of section 1 to read as follows: Notwithstanding the provisions of any part of this Act to the contrary, in any county of this State having a population of not less than 180,000 and not more than 190,000 according to the United States Decennial Census of 1970, or any such future census, at any time upon the request of the county governing authority for additional alternate members of boards of equalization, the grand jury of such county shall appoint the number of alternate members so requested to each board of equalization, not to exceed a maximum of twenty-one (21) alternate members for each of said boards. Said alternate members of said boards are duly qualified and authorized to serve on any of said boards of equalization of any such county. The grand jury of any such county shall have authority to designate a chairman and two (2) vice chairmen of each such board of equalization. Such chairman and vice chairmen shall be vested with full administrative authority in calling and conducting the business of said board. Any combination of members or alternate members of any such board of equalization of any such county shall be competent to exercise the power and authority of said board. Any person designated as an alternate member of any such board of equalization of any such county shall be competent to serve in said capacity as provided herein upon appointment and taking of oath. 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 July 3, 1975.

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GENERAL APPROPRIATIONS ACT AMENDED. No. 4 (House Bill No. 1). An Act to amend an Act providing appropriations for the fiscal year 1975-76, known as the General Appropriations Act, approved April 25, 1975 (Ga. L. 1975, p. 1333), so as to change certain appropriations for the fiscal year 1975-76; 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 1975-76, known as the General Appropriations Act, approved April 25, 1975 (Ga. L. 1975, p. 1333), is hereby amended by striking the revenue estimate figure of $1,823,000,000 for fiscal year 1976 in the first paragraph following the enacting clause and substituting in lieu thereof a new revenue estimate of $1,745,000,000 for fiscal year 1976, and by striking the following: PART I. LEGISLATIVE BRANCH and sections 1 through 53, and inserting in lieu thereof the following: PART I. LEGISLATIVE BRANCH Section 1. Legislative Branch. Budget Unit: Legislative Branch $ 7,675,000 1. Operations $ 7,500,000 Total Funds Budgeted $ 7,500,000 State Funds Budgeted $ 7,500,000 2. For Election Blanks and Other Election Expenses $ 175,000 Total Funds Budgeted $ 175,000 State Funds Budgeted $ 175,000 Budget Unit Object Classes: Operations $ 7,500,000 Election Blanks and Other Election Expenses $ 175,000

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For compensation, expenses, mileage, allowances, travel and benefits for members, officials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the National Conference of Commissioners on Uniform State Laws; for membership in the Council of State Governments, the National Conference of State Legislatures and the National Conference of Insurance Legislators and other legislative organizations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other Compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; for the Legislative Services Committee, the Office of Legislative Counsel and the Office of Legislative Budget Analyst; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for the annual report of the State Auditor to the General Assembly; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government. 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

Page 1736

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 $ 2,380,000 1. Operations $ 2,040,000 Total Funds Budgeted $ 2,040,000 State Funds Budgeted $ 2,040,000 2. Tax Ratio Study $ 340,000 Total Funds Budgeted $ 340,000 State Funds Budgeted $ 340,000 Budget Unit Object Classes: Operations $ 2,040,000 Tax Ratio Study $ 340,000 PART II. JUDICIAL BRANCH Section 3. Supreme Court. Budget Unit: Supreme Court $ 1,074,000 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. Section 4. Superior Courts. Budget Unit: Superior Courts $ 7,299,603

Page 1737

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. For the cost of operating the Judge Sentence Review Panel as created by 1974 Ga. L., p. 358. 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 $55,000 per annum for each judgeship created by law during the 1975 session of the General Assembly. Provided, that of the above appropriation relating to Superior Courts, $100,000 is designated and committed for the Prosecuting Attorneys' Council for operations. Section 5. Court of Appeals. Budget Unit: Court of Appeals $ 1,216,439 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.

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Section 6. Administrative Office of the Court. Budget Unit: Administrative Office of the Court $ 171,620 For the cost of operating the Administrative Offices of the Court. Section 7. Appellate Court Reports. Budget Unit: Court Reports $ 64,500 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 $ 10,000 For the cost of operating the Judicial Qualifications Commissions. Section 9. Board of Court Reporting. Budget Unit: $ 7,425 For the cost of operating the Board of Court Reporting. PART III. EXECUTIVE BRANCH Section 10. Department of Administrative Services. Budget Unit: Department of Administrative Services $ 20,349,299.62 1. Georgia Building Authority Budget: Direct Payments to Authority for Operations $ 1,854,696 Capital Outlay $ 290,000 State of Georgia General Obligation Debt Sinking Fund $ 240,000 Authority Lease Rentals $ 3,112,753 Total Funds Budgeted $ 5,497,449 State Funds Budgeted $ 5,497,449 Total Positions Budgeted 0

Page 1739

Provided, that of the above appropriation relative to Capital Outlay, $200,000 is designated and committed to design and install an automated electrical power management system in State office buildings in the Capitol Hill area. 2. Departmental Administration Budget: Personal Services $ 531,000 Regular Operating Expenses $ 45,703 Travel $ 9,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 5,500 Equipment Purchases $ 2,000 Per Diem and Fees $ 0 Computer Charges $ 8,000 Other Contractual Expense $ 0 Total Funds Budgeted $ 601,203 State Funds Budgeted $ 582,227 Total Positions Budgeted 35 3. Fiscal Administration Budget: Personal Services $ 380,525 Regular Operating Expenses $ 31,261 Travel $ 4,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 12,000 Equipment Purchases $ 3,500 Per Diem and Fees $ 0 Computer Charges $ 1,693,656 Other Contractual Expense $ 0 Total Funds Budgeted $ 2,124,942 State Funds Budgeted $ 2,110,359 Total Positions Budgeted 25 4. Self-Insurance Administration Budget: Personal Services $ 224,175 Regular Operating Expenses $ 12,797 Travel $ 26,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 3,000 Equipment Purchases $ 1,000 Per Diem and Fees $ 0 Computer Charges $ 1,000 Other Contractual Expense $ 0 Workmen's Compensation $ 856,780 Total Funds Budgeted $ 1,124,752 State Funds Budgeted $ 1,084,815 Total Positions Budgeted 17 5. Procurement Administration Budget: Personal Services $ 698,130 Regular Operating Expenses $ 86,798 Travel $ 12,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 24,900 Equipment Purchases $ 4,225 Per Diem and Fees $ 0 Computer Charges $ 17,000 Other Contractual Expense $ 0 Total Funds Budgeted $ 843,053 State Funds Budgeted $ 815,764 Total Positions Budgeted 53 6. General Services Administration Budget: Personal Services $ 164,000 Regular Operating Expenses $ 8,685 Travel $ 3,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 1,220 Equipment Purchases $ 1,100 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 178,005 State Funds Budgeted $ 86,614 Total Positions Budgeted 13 7. Property Management Administration Budget: Personal Services $ 113,400 Regular Operating Expenses $ 25,257 Travel $ 1,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 1,300 Equipment Purchases $ 2,000 Per Diem and Fees $ 0 Computer Charges $ 12,000 Other Contractual Expense $ 1,750 Total Funds Budgeted $ 157,207 State Funds Budgeted $ 151,550 Total Positions Budgeted 9 8. Data Processing Services Budget: Personal Services $ 8,033,586 Regular Operating Expenses $ 3,827,521 Travel $ 25,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 38,500 Equipment Purchases $ 42,000 Per Diem and Fees $ 0 Computer Charges $ 150,000 Rents and Maintenance Expense $ 7,794,381 Other Contractual Expense $ 1,060,000 Total Funds Budgeted $ 20,970,988 State Funds Budgeted $ 8,840,000 Total Positions Budgeted 624 9. Motor Pool Services Budget: Personal Services $ 109,284 Regular Operating Expenses $ 176,733 Travel $ 0 Motor Vehicle Equipment Purchases $ 155,000 Publications and Printing $ 0 Equipment Purchases $ 30,000 Per Diem and Fees $ 0 Computer Charges $ 1,800 Other Contractual Expense $ 0 Total Funds Budgeted $ 472,817 State Funds Budgeted $ 14,500 Total Positions Budgeted 13 10. Communication Services Budget: Personal Services $ 1,125,000 Regular Operating Expenses $ 222,210 Travel $ 9,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 10,000 Equipment Purchases $ 35,000 Per Diem and Fees $ 0 Computer Charges $ 40,000 Other Contractual Expense $ 7,000 Telephone Billings $ 11,166,600 Total Funds Budgeted $ 12,614,810 State Funds Budgeted $ 1,000,000 Total Positions Budgeted 97 11. Printing Services Budget: Personal Services $ 849,570 Regular Operating Expenses $ 861,849 Travel $ 7,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 1,000 Equipment Purchases $ 94,000 Per Diem and Fees $ 0 Computer Charges $ 5,000 Other Contractual Expense $ 0 Total Funds Budgeted $ 1,818,419 State Funds Budgeted $ 0 Total Positions Budgeted 75 12. Central Supply Services Budget: Personal Services $ 80,318 Regular Operating Expenses $ 398,125 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 Other Contractual Expense $ 1,275 Total Funds Budgeted $ 492,218 State Funds Budgeted $ 0 Total Positions Budgeted 9 13. State Properties Commission Budget: Personal Services $ 70,465 Regular Operating Expenses $ 28,500 Travel $ 4,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 2,000 Equipment Purchases $ 1,000 Per Diem and Fees $ 12,000 Computer Charges $ 0 Other Contractual Expense $ 1,705.62 Total Funds Budgeted $ 119,670.62 State Funds Budgeted $ 119,670.62 Total Positions Budgeted 4 14. Volunteer Services Budget: Personal Services $ 33,834 Regular Operating Expenses $ 5,201 Travel $ 1,850 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 4,500 Equipment Purchases $ 0 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 2,400 Total Funds Budgeted $ 47,785 State Funds Budgeted $ 46,351 Total Positions Budgeted 2 Budget Unit Object Classes: Personal Services $ 12,413,287 Regular Operating Expenses $ 5,730,640 Travel $ 103,350 Motor Vehicle Equipment Purchases $ 155,000 Publications and Printing $ 108,920 Equipment Purchases $ 219,825 Per Diem and Fees $ 12,000 Computer Charges $ 1,930,956 Other Contractual Expense $ 1,074,130.62 Rents and Maintenance Expense $ 7,794,381 Workmen's Compensation $ 856,780 Direct Payments to Authority for Operations $ 1,854,696 Capital Outlay $ 290,000 State of Georgia General Obligation Debt Sinking Fund $ 240,000 Authority Lease Rentals $ 3,112,753 Telephone Billings $ 11,166,600

Page 1744

Section 11. Department of Agriculture. Budget Unit: Department of Agriculture $ 15,528,948 1. Plant Industry budget: Personal Services $ 2,100,426 Regular Operating Expenses $ 148,440 Travel $ 89,500 Motor Vehicle Equipment Purchases $ 32,000 Publications and Printing $ 24,400 Equipment Purchases $ 27,800 Per Diem and Fees $ 1,400 Computer Charges $ 0 Other Contractual Expenses $ 0 Fire Ant Eradication $ 1,500,000 Total Funds Budgeted $ 3,923,966 State Funds Budgeted $ 3,652,966 Total Positions Budgeted 193 2. Animal Industry Budget: Personal Services $ 630,983 Regular Operating Expenses $ 81,166 Travel $ 35,000 Motor Vehicle Equipment Purchases $ 7,000 Publications and Printing $ 9,575 Equipment Purchases $ 8,788 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Athens Veterinary Laboratory Contract $ 208,000 Tifton Veterinary Laboratory Contract $ 322,000 Poultry Improvement Contract $ 495,000 Veterinary Fees $ 475,000 Poultry Research Contract with Georgia Institute of Technology $ 188,000 Contract with University of Georgia to Study Asiatic New Castle Disease $ 125,000 Indemnities $ 100,000 Total Funds Budgeted $ 2,685,512 State Funds Budgeted $ 2,685,512 Total Positions Budgeted 51 3. Marketing Budget: Personal Services $ 1,124,054 Regular Operating Expenses $ 184,670 Travel $ 33,200 Motor Vehicle Equipment Purchases $ 10,000 Publications and Printing $ 12,000 Equipment Purchases $ 2,500 Per Diem and Fees $ 2,700 Computer Charges $ 0 Other Contractual Expense $ 31,100 Advertising Contract $ 35,000 Authority Lease Rentals $ 945,000 Total Funds Budgeted $ 2,380,224 State Funds Budgeted $ 2,241,294 Total Positions Budgeted 101 4. General Agricultural Field Forces Budget: Personal Services $ 1,285,756 Regular Operating Expenses $ 55,850 Travel $ 160,000 Motor Vehicle Equipment Purchases $ 40,000 Publications and Printing $ 2,750 Equipment Purchases $ 3,175 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 1,547,531 State Funds Budgeted $ 1,547,531 Total Positions Budgeted 124 5. Internal Administration Budget: Personal Services $ 776,588 Regular Operating Expenses $ 66,030 Travel $ 16,200 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 19,100 Equipment Purchases $ 2,100 Per Diem and Fees $ 1,000 Computer Charges $ 115,156 Other Contractual Expense $ 0 Total Funds Budgeted $ 996,174 State Funds Budgeted $ 979,174 Total Positions Budgeted 55 6. Information and Education Budget: Personal Services $ 112,539 Regular Operating Expenses $ 232,410 Travel $ 1,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 315,000 Equipment Purchases $ 3,800 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 665,249 State Funds Budgeted $ 665,249 Total Positions Budgeted 11 7. Fuel and Measures Standards Budget: Personal Services $ 643,404 Regular Operating Expenses $ 89,975 Travel $ 60,200 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 6,000 Equipment Purchases $ 10,100 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 809,679 State Funds Budgeted $ 809,679 Total Positions Budgeted 61 8. Consumer Protection Budget: Personal Services $ 524,532 Regular Operating Expenses $ 40,100 Travel $ 25,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 3,200 Equipment Purchases $ 1,600 Per Diem and Fees $ 1,000 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 595,932 State Funds Budgeted $ 595,932 Total Positions Budgeted 38 9. Consumer Protection Field Forces Budget: Personal Services $ 1,301,381 Regular Operating Expenses $ 56,100 Travel $ 115,000 Motor Vehicle Equipment Purchases $ 49,000 Publications and Printing $ 4,500 Equipment Purchases $ 1,000 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 1,526,981 State Funds Budgeted $ 1,348,981 Total Positions Budgeted 107 10. Meat Inspection Budget: Personal Services $ 1,724,940 Regular Operating Expenses $ 38,350 Travel $ 135,800 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 4,000 Equipment Purchases $ 540 Per Diem and Fees $ 35,000 Computer Charges $ 0 Other Contractual Expense $ 32,000 Total Funds Budgeted $ 1,970,630 State Funds Budgeted $ 810,630 Total Positions Budgeted 144 11. Georgia Agrirama Development Authority Budget: Payments to Agrirama Authority for Operations $ 192,000 Total Funds Budgeted $ 192,000 State Funds Budgeted $ 192,000 Budget Unit Object Classes: Personal Services $ 10,224,603 Regular Operating Expenses $ 993,091 Travel $ 671,900 Motor Vehicle Equipment Purchases $ 138,000 Publications and Printing $ 400,525 Equipment Purchases $ 61,403 Per Diem and Fees $ 41,100 Computer Charges $ 115,156 Other Contractual Expense $ 63,100 Fire Ant Eradication $ 1,500,000 Athens Veterinary Laboratory Contract $ 208,000 Tifton Veterinary Laboratory Contract $ 322,000 Poultry Improvement Contract $ 495,000 Veterinary Fees $ 475,000 Poultry Research Contract with Georgia Institute of Technology $ 188,000 Contract with University of Georgia to Study Asiatic New Castle Disease $ 125,000 Indemnities $ 100,000 Advertising Contract $ 35,000 Authority Lease Rentals $ 945,000 Payments to Agrirama Authority for Operations $ 192,000

Page 1749

Provided, that of the above appropriation relative to Regular Operating Expenses, $35,000 is designated and committed

Page 1750

for livestock and poultry shows relating to research and promoting. Section 12. Department of Banking and Finance. Budget Unit: Department of Banking and Finance $ 1,580,637 1. Administration Budget: Personal Services $ 324,318 Regular Operating Expenses $ 56,589 Travel $ 5,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 12,000 Equipment Purchases $ 3,843 Per Diem and Fees $ 1,000 Computer Charges $ 9,919 Other Contractual Expense $ 0 Total Funds Budgeted $ 412,669 State Funds Budgeted $ 412,669 Total Positions Budgeted 20 2. Examination Budget: Personal Services $ 919,326 Regular Operating Expenses $ 12,400 Travel $ 229,285 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 0 Equipment Purchases $ 6,957 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 1,167,968 State Funds Budgeted $ 1,167,968 Total Positions Budgeted 62 Budget Unit Object Classes: Personal Services $ 1,243,644 Regular Operating Expenses $ 68,989 Travel $ 234,285 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 12,000 Equipment Purchases $ 10,800 Per Diem and Fees $ 1,000 Computer Charges $ 9,919 Other Contractual Expense $ 0

Page 1751

Section 13. Department of Community Development. A. Budget Unit: Department of Community Development $ 16,509,481 1. Industry Budget: Personal Services $ 260,000 Regular Operating Expenses $ 22,599 Travel $ 35,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 2,000 Equipment Purchases $ 0 Per Diem and Fees $ 4,500 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 324,099 State Funds Budgeted $ 316,599 Total Positions Budgeted 15 2. Research Budget: Personal Services $ 227,130 Regular Operating Expenses $ 53,793 Travel $ 5,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 2,000 Equipment Purchases $ 1,240 Per Diem and Fees $ 1,800 Computer Charges $ 19,465 Other Contractual Expense $ 0 Total Funds Budgeted $ 310,428 State Funds Budgeted $ 282,428 Total Positions Budgeted 17 3. Tourism Budget: Personal Services $ 649,000 Regular Operating Expenses $ 347,069 Travel $ 30,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 300 Equipment Purchases $ 3,100 Per Diem and Fees $ 52,000 Computer Charges $ 4,000 Other Contractual Expense $ 0 Capital Outlay $ 10,000 Local Welcome Center Contracts $ 75,230 Total Funds Budgeted $ 1,170,699 State Funds Budgeted $ 1,099,141 Total Positions Budgeted 70

Page 1752

Provided, that of the above appropriation relating to Capital Outlay, $ 10,000 is designated and committed to purchase land for a Welcome Center on I-20 West. 4. Community Affairs Budget: Personal Services $ 351,050 Regular Operating Expenses $ 35,442 Travel $ 15,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 7,448 Equipment Purchases $ 3,141 Per Diem and Fees $ 2,520 Computer Charges $ 0 Other Contractual Expense $ 248,000 Total Funds Budgeted $ 662,601 State Funds Budgeted $ 421,534 Total Positions Budgeted 20 5. Internal Administration Budget: Personal Services $ 484,436 Regular Operating Expenses $ 306,196 Travel $ 18,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 30,450 Equipment Purchases $ 1,300 Per Diem and Fees $ 12,000 Computer Charges $ 2,000 Other Contractual Expense $ 0 Promotional Parade Floats $ 28,000 Total Funds Budgeted $ 882,382 State Funds Budgeted $ 796,431 Total Positions Budgeted 32 6. International Budget: Personal Services $ 110,217 Regular Operating Expenses $ 67,466 Travel $ 40,853 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 1,050 Equipment Purchases $ 400 Per Diem and Fees $ 150,884 Computer Charges $ 4,000 Other Contractual Expense $ 0 Total Funds Budgeted $ 374,870 State Funds Budgeted $ 339,870 Total Positions Budgeted 7 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: HUD701 Planning Grants $ 1,365,000 Total Funds Budgeted $ 1,365,000 State Funds Budgeted $ 0 Total Positions Budgeted 0 10. Ports Authority Budget: Authority Lease Rentals $ 2,790,000 State of Georgia General Obligation Debt Sinking Fund $ 5,500,000 Total Funds Budgeted $ 8,290,000 State Funds Budgeted $ 8,290,000 Total Positions Budgeted 0 11. World Congress Center: State of Georgia General Obligation Debt Sinking Fund $ 3,043,478 Total Funds Budgeted $ 3,043,478 State Funds Budgeted $ 3,043,478 Budget Unit Object Classes: Personal Services $ 2,081,833 Regular Operating Expenses $ 832,565 Travel $ 143,853 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 43,248 Equipment Purchases $ 9,181 Per Diem and Fees $ 223,704 Computer Charges $ 29,465 Other Contractual Expense $ 248,000 Capital Outlay $ 10,000 Local Welcome Center Contracts $ 75,230 Advertising $ 750,000 Promotional Parade Floats $ 28,000 Grants to Area Planning and Development Commissions $ 1,170,000 HUD701 Planning Grants $ 1,365,000 Authority Lease Rentals $ 2,790,000 State of Georgia General Obligation Debt Sinking Fund $ 8,543,478

Page 1755

Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $ 4,500,000 is specifically appropriated for the purpose of financing repairs and construction and land acquisition by the Georgia Ports Authority through the issuance of not to exceed $ 52,000,000 in principal amount of General Obligation Debt. Provided, that from the above appropriation for the State of Georgia General Obligation Debt Sinking Fund, $ 1,000,000 is specifically appropriated for the purpose of financing the construction and equipping of a general cargo facility on Colonel's Island in Glynn County, Georgia, through the issuance of not to exceed $ 12,000,000 in principal amount of General Obligation Debt. B. Budget Unit: State Crime Commission $ 1,017,110 1. Planning and Grant Administration Budget: Personal Services $ 556,215 Regular Operating Expenses $ 67,260 Travel $ 22,600 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 8,750 Equipment Purchases $ 1,000 Per Diem and Fees $ 11,000 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 666,825 State Funds Budgeted $ 66,683 Total Positions Budgeted 35 2. Crime Statistics Center Data Budget: Personal Services $ 66,521 Regular Operating Expenses $ 16,690 Travel $ 6,750 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 4,300 Equipment Purchases $ 450 Per Diem and Fees $ 3,000 Computer Charges $ 7,315 Other Contractual Expense $ 0 Total Funds Budgeted $ 105,026 State Funds Budgeted $ 0 Total Positions Budgeted 4 3. Georgia Organized Crime Prevention Council Budget: Personal Services $ 34,270 Regular Operating Expenses $ 5,910 Travel $ 1,200 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 750 Equipment Purchases $ 0 Per Diem and Fees $ 1,200 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 43,330 State Funds Budgeted $ 4,333 Total Positions Budgeted 2 4. LEAA Grants Budget: LEAA ActionLocal $ 7,278,986 LEAA ActionState $ 4,650,360 LEAA State Buy-In $ 946,094 LEAA Discretionary $ 225,000 LEAA Planning $ 475,600 Total Funds Budgeted $ 13,576,040 State Funds Budgeted $ 946,094 Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services $ 657,006 Regular Operating Expenses $ 89,860 Travel $ 30,550 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 13,800 Equipment Purchases $ 1,450 Per Diem and Fees $ 15,200 Computer Charges $ 7,315 Other Contractual Expense $ 0 LEAA Action Local $ 7,278,986 LEAA Action State $ 4,650,360 LEAA State Buy-In $ 946,094 LEAA Discretionary $ 225,000 LEAA Planning $ 475,600

Page 1757

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. Budget Unit: Office of Comptroller General $ 3,257,879 1. Internal Administration Budget: Personal Services $ 322,000 Regular Operating Expenses $ 60,355 Travel $ 13,800 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 5,200 Equipment Purchases $ 300 Per Diem and Fees $ 9,200 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 410,855 State Funds Budgeted $ 398,389 Total Positions Budgeted 21 2. Insurance Regulation Budget: Personal Services $ 524,000 Regular Operating Expenses $ 23,500 Travel $ 7,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 28,000 Equipment Purchases $ 700 Per Diem and Fees $ 8,200 Computer Charges $ 26,500 Other Contractual Expense $ 0 Capital Outlay $ 6,000 Total Funds Budgeted $ 623,900 State Funds Budgeted $ 605,014 Total Positions Budgeted 40 3. Industrial Loans Regulation Budget: Personal Services $ 217,000 Regular Operating Expenses $ 22,636 Travel $ 15,000 Motor Vehicle Equipment Purchases $ 50,400 Publications and Printing $ 1,600 Equipment Purchases $ 0 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 306,636 State Funds Budgeted $ 297,437 Total Positions Budgeted 16 4. Information and Enforcement Budget: Personal Services $ 371,000 Regular Operating Expenses $ 31,600 Travel $ 14,500 Motor Vehicle Equipment Purchases $ 12,600 Publications and Printing $ 5,000 Equipment Purchases $ 700 Per Diem and Fees $ 5,000 Computer Charges $ 0 Other Contractual Expenses $ 0 Total Funds Budgeted $ 440,400 State Funds Budgeted $ 426,859 Total Positions Budgeted 32 5. Fire Safety and Mobile Home Regulation Budget: Personal Services $ 1,181,191 Regular Operating Expenses $ 74,433 Travel $ 150,200 Motor Vehicle Equipment Purchases $ 151,200 Publications and Printing $ 20,000 Equipment Purchases $ 1,950 Per Diem and Fees $ 500 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 1,579,474 State Funds Budgeted $ 1,530,160 Total Positions Budgeted 113 Budget Unit Object Classes: Personal Services $ 2,615,191 Regular Operating Expenses $ 212,524 Travel $ 200,500 Motor Vehicle Equipment Purchases $ 214,200 Publications and Printing $ 59,800 Equipment Purchases $ 3,650 Per Diem and Fees $ 22,900 Computer Charges $ 26,500 Other Contractual Expense $ 0 Capital Outlay $ 6,000

Page 1760

Section 15. Department of Defense. Budget Unit: Department of Defense $ 1,600,353 1. Administration and Support of State Militia Budget: Personal Services $ 553,415 Regular Operating Expenses $ 85,300 Travel $ 5,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 32,000 Equipment Purchases $ 5,000 Per Diem and Fees $ 8,500 Computer Charges $ 0 Other Contractual Expense $ 0 National Guard Units Grants $ 200,000 Georgia Military Institute Grant $ 16,000 Civil Air Patrol Contract $ 50,000 Total Funds Budgeted $ 955,715 State Funds Budgeted $ 924,694 Total Positions Budgeted 36 2. Civil Defense Budget: Personal Services $ 501,724 Regular Operating Expenses $ 70,935 Travel $ 21,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 6,500 Equipment Purchases $ 4,000 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 604,159 State Funds Budgeted $ 301,495 Total Positions Budgeted 35 3. Community Shelter Planning Budget: Personal Services $ 97,247 Regular Operating Expenses $ 3,500 Travel $ 12,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 0 Equipment Purchases $ 0 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 113,247 State Funds Budgeted $ 0 Total Positions Budgeted 7 4. Armory Maintenance and Repair Budget: Personal Services $ 59,000 Regular Operating Expenses $ 108,006 Travel $ 3,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 0 Equipment Purchases $ 5,000 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 175,006 State Funds Budgeted $ 164,552 Total Positions Budgeted 5 5. Service Contracts Budget: Personal Services $ 1,109,844 Regular Operating Expenses $ 150,700 Travel $ 1,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 0 Equipment Purchases $ 500 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 1,262,044 State Funds Budgeted $ 209,612 Total Positions Budgeted 112 Budget Unit Object Classes: Personal Services $ 2,321,230 Regular Operating Expenses $ 418,441 Travel $ 43,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 38,500 Equipment Purchases $ 14,500 Per Diem and Fees $ 8,500 Computer Charges $ 0 Other Contractual Expense $ 0 National Guard Units Grants $ 200,000 Georgia Military Institute Grant $ 16,000 Civil Air Patrol Contract $ 50,000

Page 1762

Provided, however, that of the above appropriation, $ 50,000 is designated and committed for the Civil Air Patrol for the purposes of training and preparation for assistance to the Department of Defense in the accomplishment of its Civil Defense functions. Section 16. State Board of EducationDepartment of Education. A. Budget Unit: Department of Education $ 645,308,291 1. General Education Budget: Personal Services $ 794,891 Regular Operating Expenses $ 68,586 Travel $ 39,662 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 65,304 Equipment Purchases $ 9,400 Per Diem and Fees $ 28,233 Computer Charges $ 0 Other Contractual Expense $ 135,000 APEG Grants: Salaries of Instructional Personnel (Sec. 10(a) (1) and 10(a) (2)) $ 296,600,860 Salaries of Student Supportive Personnel (Sec. 20(a)) $ 13,811,483 Salaries of Administrative and Supervisory Personnel (Sec. 21(a)) $ 36,591,088 Instructional Equipment (Sec. 14) $ 450,384 Maintenance and Operation (Sec. 15) $ 46,868,948 Sick and Personal Leave (Sec. 16) $ 2,509,618 Travel (Sec. 17) $ 509,767 Isolated Schools $ 57,717 Mid-Term Adjustment $ 2,000,000 Non-APEG Grants: Teacher Retirement $ 30,511,563 Driver Education $ 375,000 Cooperative Educational Service Agencies $ 2,502,000 Superintendents' Salaries $ 2,942,055 Compensatory Education $ 10,246,750 Education of Children of Low-Income Families (Migratory) $ 431,000 Total Funds Budgeted $ 447,549,309 State Funds Budgeted $ 446,491,676 Total Positions Budgeted 43 2. Pre-School Education: Personal Services $ 111,597 Regular Operating Expenses $ 11,718 Travel $ 11,600 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 4,820 Equipment Purchases $ 500 Per Diem and Fees $ 600 Computer Charges $ 0 Other Contractual Expense $ 0 APEG Grant: Selective Pre-School Development $ 6,071,187 Non-APEG Grant: Education of Children of Low-Income Families $ 13,950 Total Funds Budgeted $ 6,225,972 State Funds Budgeted $ 6,206,348 Total Positions Budgeted 7 3. Regular Vocational Education Budget: Personal Services $ 1,899,568 Regular Operating Expenses $ 116,123 Travel $ 130,444 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 22,710 Equipment Purchases $ 11,351 Per Diem and Fees $ 6,700 Computer Charges $ 0 Other Contractual Expense $ 1,309 Grants: High School Program $ 13,165,103 Teacher Retirement $ 1,697,754 Teacher Training and Research $ 891,568 Adult Education $ 2,437,671 Area Vocational Technical Schools $ 28,098,174 Area Vocational Technical SchoolsConstruction $ 4,383,472 Comprehensive Employment and Training $ 4,659,049 Total Funds Budgeted $ 57,520,996 State Funds Budgeted $ 38,111,393 Total Positions Budgeted 124 4. Special Education Budget: Personal Services $ 387,359 Regular Operating Expenses $ 40,481 Travel $ 39,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 5,835 Equipment Purchases $ 3,500 Per Diem and Fees $ 6,132 Computer Charges $ 0 Other Contractual Expense $ 0 APEG Grants: Salaries of Instructional Personnel (Sec. 5) $ 37,075,200 Maintenance and Operation (Sec. 15) $ 6,081,542 Sick and Personal Leave (Sec. 16) $ 326,643 Travel-Special (Sec. 17) $ 73,223 Special Education Leadership Personnel (Sec. 21(c) (2)) $ 299,347 Pupil Transportation (Sec. 25) $ 1,964,122 Non-APEG Grants: Instructional Services for the Handicapped $ 1,039,434 Preparation of Professional Personnel in Education of Handicapped Children $ 106,454 Educational Training Services for the Mentally Retarded $ 300,000 Tuition for the Multi-handicapped $ 522,000 Severely Emotionally Disturbed $ 5,352,773 Teacher Retirement $ 3,262,467 Total Funds Budgeted $ 56,885,512 State Funds Budgeted $ 55,513,655 Total Positions Budgeted 25 5. Compensatory Education Budget: Personal Services $ 314,811 Regular Operating Expenses $ 28,464 Travel $ 16,200 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 750 Equipment Purchases $ 306 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Education of Children of Low-Income Families $ 41,504,590 Total Funds Budgeted $ 41,865,121 State Funds Budgeted $ 43,883 Total Positions Budgeted 23 6. Instructional Materials Budget: Personal Services $ 113,623 Regular Operating Expenses $ 21,337 Travel $ 6,384 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 25,998 Equipment Purchases $ 23,656 Per Diem and Fees $ 10,000 Computer Charges $ 0 Other Contractual Expense $ 0 APEG Grant: Instructional Materials and Media (Sec. 13) $ 9,834,014 Non-APEG Grants: School Library Resources and Other Materials $ 1,815,832 Strengthening Instruction in Critical Subjects $ 802,676 Total Funds Budgeted $ 12,653,520 State Funds Budgeted $ 9,894,023 Total Positions Budgeted 10 7. Educational Media Budget: Personal Services $ 2,248,077 Regular Operating Expenses $ 1,460,880 Travel $ 71,348 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 143,692 Equipment Purchases $ 39,344 Per Diem and Fees $ 120,267 Computer Charges $ 0 Other Contractual Expense $ 51,154 Authority Lease Rentals $ 333,204 Grants: Summer Library Supervisory Program $ 62,830 Educational Television $ 56,186 Total Funds Budgeted $ 4,586,982 State Funds Budgeted $ 4,214,269 Total Positions Budgeted 193 8. Student Services Budget: Personal Services $ 241,387 Regular Operating Expenses $ 24,982 Travel $ 19,800 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 3,000 Equipment Purchases $ 0 Per Diem and Fees $ 1,319 Computer Charges $ 0 Other Contractual Expense $ 9,790 Grants: Psychological Services $ 48,000 Guidance, Counselling and Testing $ 200,000 Total Funds Budgeted $ 548,278 State Funds Budgeted $ 501,736 Total Positions Budgeted 15 9. Ancillary Services Budget: Personal Services $ 724,804 Regular Operating Expenses $ 69,277 Travel $ 63,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 14,395 Equipment Purchases $ 2,950 Per Diem and Fees $ 8,200 Computer Charges $ 0 Other Contractual Expense $ 0 APEG Grant: Pupil Transportation (Sec. 25) $ 29,296,999 Non-APEG Grant: School Lunch $ 78,730,244 Grants to School Systems for Capital Outlay Purposes $ 1,831,022 Grants to School Systems for Authority Lease Rentals Payments to Georgia Education Authority (Schools) $ 26,789,757 State of Georgia General Obligation Debt Sinking Fund $ 4,576,000 Grants Direct to School Systems for Capital Outlay Purposes $ 624,243 Total Funds Budgeted $ 142,731,391 State Funds Budgeted $ 72,718,754 Total Positions Budgeted 48 10. Statewide Leadership Budget: Personal Services $ 635,255 Regular Operating Expenses $ 42,243 Travel $ 55,844 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 5,300 Equipment Purchases $ 3,750 Per Diem and Fees $ 6,000 Computer Charges $ 0 Other Contractual Expense $ 5,000 Total Funds Budgeted $ 753,392 State Funds Budgeted $ 682,983 Total Positions Budgeted 37 11. Financial Services Budget: Personal Services $ 246,022 Regular Operating Expenses $ 24,204 Travel $ 19,916 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 15,075 Equipment Purchases $ 2,374 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 307,591 State Funds Budgeted $ 217,201 Total Positions Budgeted 17 12. Program and Staff Development Budget: Personal Services $ 763,857 Regular Operating Expenses $ 48,187 Travel $ 31,087 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 19,835 Equipment Purchases $ 4,872 Per Diem and Fees $ 15,208 Computer Charges $ 0 Other Contractual Expense $ 676,555 Grants: Supervising Teachers $ 145,000 Supplementary Education Centers and Services $ 2,504,951 Staff Development $ 490,000 Total Funds Budgeted $ 4,699,552 State Funds Budgeted $ 1,890,379 Total Positions Budgeted 58 13. Public Library Services Budget: Personal Services $ 619,854 Regular Operating Expenses $ 253,789 Travel $ 9,007 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 9,671 Equipment Purchases $ 7,146 Per Diem and Fees $ 600 Computer Charges $ 0 Other Contractual Expense 0 Grants: Salaries and Travel of Public Librarians $ 2,458,976 Public Library Materials $ 1,813,998 Talking Book Centers $ 160,000 Public Library Maintenance and Operations $ 848,922 Teacher Retirement $ 205,372 Public Library Construction $ 848,921 Total Funds Budgeted $ 7,236,256 State Funds Budgeted $ 6,985,243 Total Positions Budgeted 59 14. Staff Services Budget: Personal Services $ 1,597,600 Regular Operating Expenses $ 155,748 Travel $ 35,870 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 82,016 Equipment Purchases $ 16,514 Per Diem and Fees $ 1,107 Computer Charges $ 563,190 Other Contractual Expense $ 21,153 Total Funds Budgeted $ 2,473,198 Indirect Computer Funding $ 340,000 Agency Funds $ 541,098 State Funds Budgeted $ 1,542,033 Total Positions Budgeted 121 15. State Board and State Superintendent Budget: Personal Services $ 160,295 Regular Operating Expenses $ 35,887 Travel $ 11,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 13,500 Equipment Purchases $ 1,500 Per Diem and Fees $ 53,500 Computer Charges $ 0 Other Contractual Expense $ 22,235 Total Funds Budgeted $ 297,917 State Funds Budgeted $ 197,412 Total Positions Budgeted 9 16. Surplus Property Budget: Personal Services $ 410,602 Regular Operating Expenses $ 152,531 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 Other Contractual Expense $ 0 Total Funds Budgeted $ 593,633 State Funds Budgeted $ 0 Total Positions Budgeted 40 17. U.S.D.A. Food Distribution Budget: Personal Services $ 160,751 Regular Operating Expenses $ 9,392 Travel $ 18,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 750 Equipment Purchases $ 0 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 189,393 State Funds Budgeted $ 97,303 Total Positions Budgeted 14 Budget Unit Object Classes: Personal Services $ 11,430,353 Regular Operating Expenses $ 2,563,829 Travel $ 595,162 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 435,151 Equipment Purchases $ 139,163 Per Diem and Fees $ 257,866 Computer Charges $ 563,190 Other Contractual Expense $ 922,196 APEG Grants: Salaries of Instructional Personnel (Sec. 10(a) (1) and 10(a) (2)) $ 296,600,860 Salaries of Instructional Personnel (Sec. 5) $ 37,075,200 Salaries of Student Supportive Personnel (Sec. 20 (a)) $ 13,811,483 Salaries of Administrative and Supervisory Personnel (Sec. 21(a)) $ 36,591,088 Special Education Leadership Personnel (Sec. 21(c) (2)) $ 299,347 Instructional Materials and Media (Sec. 13) $ 9,834,014 Instructional Equipment (Sec. 14) $ 450,384 Maintenance and Operation (Sec. 15) $ 52,950,490 Sick and Personal Leave (Sec. 16) $ 2,836,261 Travel (Sec. 17) $ 509,767 TravelSpecial (Sec. 17) $ 73,223 Pupil Transportation (Sec. 25) $ 31,261,121 Isolated Schools $ 57,717 Selective Pre-School Development $ 6,071,187 Mid-Term Adjustment $ 2,000,000 Non-APEG Grants: Teacher Retirement $ 35,677,156 Driver Education $ 375,000 Cooperative Educational Service Agencies $ 2,502,000 Superintendent's Salaries $ 2,942,055 Compensatory Education $ 10,246,750 Education of Children from Low-Income Families $ 41,949,540 High School Program $ 13,165,103 Teacher Training and Research $ 891,568 Adult Education $ 2,437,671 Area Vocational-Technical Schools $ 28,098,174 Area Vocational-Technical SchoolsConstruction $ 4,383,472 Comprehensive Employment and Training $ 4,659,049 Instructional Services for the Handicapped $ 1,039,434 Preparation of Professional Personnel in Education of Handicapped Children $ 106,454 Educational Training Services for the Mentally Retarded $ 300,000 Tuition for the Multi-Handicapped $ 522,000 Severely Emotionally Disturbed $ 5,352,773 Strengthening Instruction in Critical Subjects $ 802,676 School Library Resources and Other Materials $ 1,815,832 Summer Library Supervisory Program $ 62,830 Educational Television $ 56,186 Psychological Services $ 48,000 Guidance, Counselling and Testing $ 200,000 School Lunch $ 78,730,244 Supervising Teachers $ 145,000 Supplementary Education Centers and Services $ 2,504,951 Staff Development $ 490,000 Salaries and Travel of Public Librarians $ 2,458,976 Public Library Materials $ 1,813,998 Talking Book Centers $ 160,000 Public Library Maintenance and Operations $ 848,922 Public Library Construction $ 848,921 Grants to School Systems for Capital Outlay Purposes $ 1,831,022 Authority Lease Rentals $ 333,204 State of Georgia General Obligation Debt Sinking Fund $ 4,576,000 Grants to School Systems for A. L. R. payments to Georgia Educational Authority (Schools) $ 26,789,757 Direct Grants to School Systems for Capital Outlay Purposes $ 624,243 B. Budget Unit: Institutions $ 13,238,511 1. North Georgia Vocational-Technical School Budget: Personal Services $ 1,192,376 Regular Operating Expenses $ 379,328 Travel $ 14,175 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 4,275 Equipment Purchases $ 113,969 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Authority Lease Rentals $ 54,750 Total Funds Budgeted $ 1,758,873 State Funds Budgeted $ 1,255,003 Total Positions Budgeted 95 2. South Georgia Vocational-Technical School Budget: Personal Services $ 1,027,269 Regular Operating Expenses $ 274,720 Travel $ 12,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 3,300 Equipment Purchases $ 110,000 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Capital Outlay $ 104,000 Authority Lease Rentals $ 49,315 Total Funds Budgeted $ 1,580,604 State Funds Budgeted $ 1,150,273 Total Positions Budgeted 82 3. Georgia Academy for the Blind Budget: Personal Services $ 1,318,338 Regular Operating Expenses $ 237,835 Travel $ 6,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 4,390 Equipment Purchases $ 92,038 Per Diem and Fees $ 6,600 Computer Charges $ 0 Other Contractual Expense $ 18,222 Capital Outlay $ 1,641,193 Total Funds Budgeted $ 3,325,116 State Funds Budgeted $ 3,028,599 Total Positions Budgeted 161 4. Georgia School for the Deaf Budget: Personal Services $ 2,461,450 Regular Operating Expenses $ 547,721 Travel $ 4,400 Motor Vehicle Equipment Purchases $ 4,000 Publications and Printing $ 0 Equipment Purchases $ 24,000 Per Diem and Fees $ 1,500 Computer Charges $ 0 Other Contractual Expense $ 0 Capital Outlay $ 3,240,860 Authority Lease Rentals $ 23,400 Total Funds Budgeted $ 6,307,331 State Funds Budgeted $ 5,963,053 Total Positions Budgeted 289 5. Atlanta Area School for the Deaf Budget: Personal Services $ 861,714 Regular Operating Expenses $ 188,557 Travel $ 5,640 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 1,000 Equipment Purchases $ 81,102 Per Diem and Fees $ 2,000 Computer Charges $ 0 Other Contractual Expense $ 86,000 Capital Outlay $ 0 Total Funds Budgeted $ 1,226,013 State Funds Budgeted $ 1,136,791 Total Positions Budgeted 85 6. Alto Education and Evaluation Center Budget: Personal Services $ 774,248 Regular Operating Expenses $ 67,572 Travel $ 8,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 1,560 Equipment Purchases $ 31,700 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 883,080 State Funds Budgeted $ 704,792 Total Positions Budgeted 58 Budget Unit Object Classes: Personal Services $ 7,635,395 Regular Operating Expenses $ 1,695,733 Travel $ 50,715 Motor Vehicle Equipment Purchases $ 4,000 Publications and Printing $ 14,525 Equipment Purchases $ 452,809 Per Diem and Fees $ 10,100 Computer Charges 0 Other Contractual Expense $ 104,222 Capital Outlay $ 4,986,053 Authority Lease Rentals $ 127,465

Page 1778

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 of the above appropriation relative to Compensatory Education, $10,246,750 is designated and committed for a compensatory education program for students in grades 1 through 4. Provided, further, these funds shall be distributed based on a parity formula for remedial purposes only. Provided, that of the above appropriation relative to selective pre-school development, funds shall be used to fund a half-day program for children who are age five by December 31, as follows: First priority for use of funds shall be to serve all five-year old children who are mentally, physically, or emotionally handicapped. The balance of said funds shall be used for development programs for five-year old children who are determined to be the most deficient in the developmental skills necessary to succeed in the first grade. Provided, however, that such need be assessed on the basis of tests specifically developed for use with children of pre-school age, measuring abilities and perception, language, and visual motor coordination. Local systems shall administer such tests to screen the academic readiness as a criterion for admission.

Page 1779

Provided, that the above appropriation relative to selective pre-school development shall be distributed to local systems on the basis of projections derived from the preceding year's first grade ADA. Provided, further, that for said selective pre-school development program, the instructional unit shall be earned on the basis of one teacher and one aide for each 40 students in average daily attendance; except in the case of mentally, physically or emotionally handicapped children, the ratio shall be one teacher and one aide for 24 students in average daily membership. Each instructional unit shall be funded on the basis of actual reimbursement for salary, retirement, and school lunch cost, and $10,155 for operational cost incurred in said pre-school development program to include maintenance and operation, sick and personal leave, instructional media, testing, transportation, and additional instructional personnel when such additions will have the effect of serving additional students, provided such additional students shall not be used for the purpose of earning additional instructional units. Provided, that independent school systems shall be eligible to participate in the mini-buses transportation program for Special Education Students. Provided, that the State Board of Education shall make allotments for Sections 5, 10, 20, and 21 teachers on the basis of the index schedule used for fiscal year 1973. Provided, that from the appropriation of $346,332 above for Criterion-Referenced Testing for Students, Criterion-Referenced Testing for Teachers and for Competency-Based Certification Development, the State Board of Education is authorized to utilize these funds interchangeably to accomplish the development of all or any portion of the above mentioned activities. Provided, that of any State Funds appropriated to local systems for classroom teacher salaries on the basis of Average Daily Attendance in grades 1 through 7, such teachers shall be used in the school where earned and shall

Page 1780

be used only for the purpose of funding regular (general education) classroom teachers in grades where earned. 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 from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $1,926,000 is specifically appropriated for the purpose of financing a school construction program throughout the State of Georgia which shall consist of the construction and equipping of school buildings and facilities through the issuance of not to exceed $22,150,000 in principal amount of General Obligation Debt. Also provided, that of the above $22,150,000 for school construction an amount of $5,000,000 is designated and committed for the purpose of construction and equipping comprehensive high schools. The allocation of these 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. Provided, that of the above appropriation, $1,831,022 is specifically appropriated for Grants to School Systems for Capital Outlay purposes. Provided, that of the above appropriation relating to Area Vocational-Technical SchoolsConstruction Grants, $25,000 is designated and committed for architectural and engineering planning for the Area Vocational-Technical School authorized in Chatham County.

Page 1781

Provided, that of the above appropriation relative to Grants to School Systems for Capital Outlay purposes, an amount up to $150,000 is designated and committed to the Charlton County Board of Education for Capital Outlay improvements at the St. George School, and further provided that this amount shall be deducted from the Charlton County Capital Outlay entitlement under the Capital Outlay policies of the State Board of Education. Provided, that in Sections 20 and 21 of the Adequate Program for Education Act, as it relates to earnings of non-teaching certificated personnel which are not fully funded, and this Act causes a division of allocation which had previously been provided from a single Section of the Minimum Foundation Program of Education Act, it shall be permissible for the State Board of Education to use non-teaching certificated personnel interchangeably in the divided sections so as not to cause hardship among the local school systems as it relates to non-teaching certificated personnel who are presently employed. Provided, that of the above appropriation relating to High School Grants, $250,000 is designated and committed for new equipment and repairing existing equipment in food processing centers; provided, further, that the State shall provide no more than 50% of the repair and equipment cost at any center; provided, further, that the maximum amounts of State funds allocated per center shall be $20,000 for new equipment and $3,000 for repairs. Provided, that of the above appropriation relative to Area Vocational-Technical SchoolsConstruction Grants, $600,000 is designated and committed for the Griffin-Spalding Area Vocational Technical School. Provided, that of the above appropriation relative to Area Vocational-Technical Schools Construction Grants, $600,000 is designated and committed for the Ben Hill-Irwin Area Vocational-Technical School. Provided, that of the above appropriation relative to Area Vocational-Technical SchoolsConstruction Grants, $3,158,472

Page 1782

is designated and committed for the Augusta Area Vocational-Technical School. Provided that of the above appropriation relative to Grants for the Severely Emotionally Disturbed, $1,114,133 is designated and committed to establish four Severely Emotionally Disturbed Centers in Dougherty, Spalding, Bulloch, and Fulton Counties. Section 17. Employees' Retirement System. Budget Unit: Employees' Retirement System $ 0 1. Employees' Retirement System Budget: Personal Services $ 536,877 Regular Operating Expenses $ 37,763 Travel 5,000 Motor Vehicle Equipment Purchases 0 Publications and Printing $ 12,000 Equipment Purchases $ 3,500 Per Diem and Fees $ 65,000 Computer Charges $ 125,000 Other Contractual Expense $ 53,000 Total Funds Budgeted $ 838,140 State Funds Budgeted $ 0 Total Positions Budgeted 43 Budget Unit Object Classes: Personal Services $ 536,877 Regular Operating Expenses $ 37,763 Travel $ 5,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 12,000 Equipment Purchases $ 3,500 Per Diem and Fees $ 65,000 Computer Charges $ 125,000 Other Contractual Expense $ 53,000

Page 1783

Section 18. Forestry Commission. Budget Unit: Forestry Commission $ 9,279,264 1. Reforestation Budget: Personal Services $ 402,684 Regular Operating Expenses $ 285,909 Travel $ 1,347 Motor Vehicle Equipment Purchases $ 29,420 Publications and Printing $ 426 Equipment Purchases $ 24,260 Per Diem and Fees $ 35,000 Computer Charges $ 10,053 Other Contractual Expense $ 0 Total Funds Budgeted $ 789,099 State Funds Budgeted $ 275,903 Total Positions Budgeted 28 2. State Forests Budget: Personal Services $ 69,078 Regular Operating Expenses $ 19,949 Travel $ 84 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 88 Equipment Purchases $ 850 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Ware County Grant $ 60,000 Total Funds Budgeted $ 150,049 State Funds Budgeted $ 0 Total Positions Budgeted 6 3. Field Services Budget: Personal Services $ 8,355,655 Regular Operating Expenses $ 1,459,979 Travel $ 69,184 Motor Vehicle Equipment Purchases $ 1,058,300 Publications and Printing $ 12,995 Equipment Purchases $ 265,464 Per Diem and Fees $ 14,660 Computer Charges $ 18,431 Other Contractual Expense $ 0 Total Funds Budgeted $ 11,254,668 State Funds Budgeted $ 8,505,488 Total Positions Budgeted 807 4. General Administration and Support Budget: Personal Services $ 402,823 Regular Operating Expenses $ 70,881 Travel $ 10,012 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 13,136 Equipment Purchases $ 3,955 Per Diem and Fees $ 2,500 Computer Charges $ 55,294 Other Contractual Expense $ 0 Total Funds Budgeted $ 558,601 State Funds Budgeted $ 497,873 Total Positions Budgeted 25 Budget Unit Object Classes: Personal Services $ 9,230,240 Regular Operating Expenses $ 1,836,718 Travel $ 80,627 Motor Vehicle Equipment Purchases $ 1,087,720 Publications and Printing $ 26,645 Equipment Purchases $ 294,529 Per Diem and Fees $ 52,160 Computer Charges $ 83,778 Other Contractual Expense $ 0 Ware County Grant $ 60,000

Page 1784

Provided, that of the above appropriation relating to Personal Services, $55,949 is designated and committed to upgrade the Towerman Series.

Page 1785

Section 19. Forest Research Council. Budget Unit: Forest Research Council $ 604,552 Forest Research Council Budget: Personal Services $ 95,600 Regular Operating Expenses $ 32,692 Travel $ 4,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 25,000 Equipment Purchases $ 0 Per Diem and Fees $ 1,000 Computer Charges $ 0 Other Contractual Expense $ 452,296 Total Funds Budgeted $ 610,588 State Funds Budgeted $ 604,552 Total Positions Budgeted 7 Budget Unit Object Classes: Personal Services $ 95,600 Regular Operating Expenses $ 32,692 Travel $ 4,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 25,000 Equipment Purchases $ 0 Per Diem and Fees $ 1,000 Computer Charges $ 0 Other Contractual Expense $ 452,296 Section 20. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation $ 7,502,207 1. General Administration Budget: Personal Services $ 356,153 Regular Operating Expenses $ 83,269 Travel $ 10,000 Motor Vehicle Equipment Purchases $ 4,200 Publications and Printing $ 2,650 Equipment Purchases $ 3,000 Per Diem and Fees $ 5,000 Computer Charges $ 0 Other Contractual Expense $ 3,000 Total Funds Budgeted $ 467,272 State Funds Budgeted $ 460,918 Total Positions Budgeted 30 2. Operations Budget: Personal Services $ 2,751,960 Regular Operating Expenses $ 412,744 Travel $ 144,758 Motor Vehicle Equipment Purchases $ 218,400 Publications and Printing $ 7,500 Equipment Purchases $ 38,000 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Evidence Purchased $ 98,000 Total Funds Budgeted $ 3,671,362 State Funds Budgeted $ 3,398,922 Total Positions Budgeted 177 3. Crime Laboratory Budget: Personal Services $ 1,080,841 Regular Operating Expenses $ 230,706 Travel $ 20,515 Motor Vehicle Equipment Purchases $ 37,500 Publications and Printing $ 8,862 Equipment Purchases $ 71,560 Per Diem and Fees $ 1,844 Computer Charges $ 43,067 Other Contractual Expense $ 0 Total Funds Budgeted $ 1,494,895 State Funds Budgeted $ 1,417,405 Total Positions Budgeted 75 4. Georgia Crime Information Center Budget: Personal Services $ 1,373,000 Regular Operating Expenses $ 505,081 Travel $ 21,000 Motor Vehicle Equipment Purchases $ 37,800 Publications and Printing $ 38,617 Equipment Purchases $ 7,200 Per Diem and Fees $ 1,000 Computer Charges $ 1,154,384 Other Contractual Expense $ 0 Total Funds Budgeted $ 3,138,082 State Funds Budgeted $ 2,224,962 Total Positions Budgeted 138 Budget Unit Object Classes: Personal Services $ 5,561,954 Regular Operating Expenses $ 1,231,800 Travel $ 196,273 Motor Vehicle Equipment Purchases $ 297,900 Publications and Printing $ 57,629 Equipment Purchases $ 119,760 Per Diem and Fees $ 7,844 Computer Charges $ 1,197,451 Other Contractual Expense $ 3,000 Evidence Purchase $ 98,000

Page 1787

Section 21. Georgia Motor Vehicle Commission. Budget Unit: Georgia Motor Vehicle Commission $ 53,493 Georgia Motor Vehicle Commission Budget: Personal Services $ 26,239 Regular Operating Expenses $ 11,754 Travel $ 500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 4,000 Equipment Purchases $ 1,000 Per Diem and Fees $ 10,000 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 53,493 State Funds Budgeted $ 53,493 Total Positions Budgeted 2 Budget Unit Object Classes: Personal Services $ 26,239 Regular Operating Expenses $ 11,754 Travel $ 500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 4,000 Equipment Purchases $ 1,000 Per Diem and Fees $ 10,000 Computer Charges $ 0 Other Contractual Expense $ 0

Page 1788

Section 22. Georgia State Financing and Investment Commission. Budget Unit: Georgia State Financing and Investment Commission $ 250,000 Departmental Operations Budget: Personal Services $ 789,439 Regular Operating Expenses $ 287,000 Travel $ 11,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 21,500 Equipment Purchases $ 20,000 Per Diem and Fees $ 71,000 Computer Charges $ 20,000 Other Contractual Expense $ 21,700 Revolving Fund for Construction Planning $ 250,000 Total Funds Budgeted $ 1,492,139 State Funds Budgeted $ 250,000 Total Positions Budgeted 44 Budget Unit Object Classes: Personal Services $ 789,439 Regular Operating Expenses $ 287,000 Travel $ 11,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 21,500 Equipment Purchases $ 20,000 Per Diem and Fees $ 71,000 Computer Charges $ 20,000 Other Contractual Expense $ 21,700 Revolving Fund for Construction Planning $ 250,000

Page 1789

Provided, that of the above appropriation to the Georgia State Financing and Investment Commission, up to $48,000 is designated and committed to prepare plans for a Regional Youth Development Center in Muscogee County. Provided, that of the above appropriation to the Georgia State Financing and Investment Commission, up to $10,000 is designated and committed to prepare plans for a Sheltered Workshop in Dougherty County. Provided, that unless there is Congressional authorization for deepening the existing navigational channel in Brunswick Harbor into Brunswick River and the construction of a new navigation channel connecting Brunswick River through the South Brunswick River to Colonel's Island via the South Brunswick River to a minimum depth of 32 feet prior to June 30, 1976, the Georgia State Financing and Investment Commission shall not sell these bonds and all funds appropriated for the Colonel's Island project and any revenues generated therefrom shall be returned to the State Treasury.

Page 1790

Provided, however, that none of the above appropriation relating to the Revolving Fund for construction planning shall be committed or expended unless specifically authorized in an Appropriations Act of the Georgia General Assembly, or approved by a majority of the members of the Fiscal Affairs Subcommittees of the House and Senate. Section 23. Office of the Governor. A. Budget Unit: Governor's Office $ 2,794,005 Cost of Operations $ 880,418 Mansion Allowance $ 40,000 Governor's Emergency Fund $ 1,900,000 Gubernatorial Transition Allowance $ 0 Total Funds Budgeted $ 2,820,418 State Funds Budgeted $ 2,794,005 Budget Unit Object Classes: Cost of Operations $ 880,418 Mansion Allowance $ 40,000 Governor's Emergency Fund $ 1,900,000 Gubernatorial Transition Allowance $ 0 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.

Page 1791

B. Budget Unit: Office of Planning and Budget $ 2,439,990 1. General Administration and Support Budget: Personal Services $ 311,000 Regular Operating Expenses $ 29,388 Travel $ 9,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 2,950 Equipment Purchases $ 2,500 Per Diem and Fees $ 40,500 Computer Charges $ 5,600 Other Contractual Expense $ 153,230 Payments to Regional Commissions $ 175,500 Total Funds Budgeted $ 729,668 State Funds Budgeted $ 701,359 Total Positions Budgeted 18 2. Council of the Arts Budget: Personal Services $ 55,121 Regular Operating Expenses $ 5,623 Travel $ 2,706 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 2,456 Equipment Purchases $ 500 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Art Grants $ 300,000 Total Funds Budgeted $ 366,406 State Funds Budgeted $ 159,546 Total Positions Budgeted 3 3. Budget Division Budget: Personal Services $ 329,338 Regular Operating Expenses $ 14,679 Travel $ 10,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 12,000 Equipment Purchases $ 1,250 Per Diem and Fees $ 1,000 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 368,267 State Funds Budgeted $ 245,305 Total Positions Budgeted 16 4. Intergovernmental Relations Budget: Personal Services $ 322,000 Regular Operating Expenses $ 23,848 Travel $ 21,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 3,600 Equipment Purchases $ 1,000 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 371,948 State Funds Budgeted $ 331,422 Total Positions Budgeted 21 5. Management Review Budget: Personal Services $ 290,000 Regular Operating Expenses $ 10,580 Travel $ 5,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 1,250 Equipment Purchases $ 500 Per Diem and Fees $ 0 Computer Charges $ 500 Other Contractual Expense $ 0 Total Funds Budgeted $ 307,830 State Funds Budgeted $ 246,973 Total Positions Budgeted 15 6. Policy Planning Budget: Personal Services $ 541,002 Regular Operating Expenses $ 21,668 Travel $ 18,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 11,000 Equipment Purchases $ 2,000 Per Diem and Fees $ 29,800 Computer Charges $ 20,000 Other Contractual Expense $ 0 Total Funds Budgeted $ 643,470 State Funds Budgeted $ 388,700 Total Positions Budgeted 30 7. Georgia Employment and Training Council Budget: Personal Services $ 342,814 Regular Operating Expenses $ 91,770 Travel $ 14,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 4,200 Equipment Purchases $ 3,000 Per Diem and Fees $ 4,608 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 460,392 State Funds Budgeted $ 0 Total Positions Budgeted 26 8. Fuel Allocation Office Budget: Personal Services $ 176,000 Regular Operating Expenses $ 25,033 Travel $ 9,200 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 15,000 Equipment Purchases $ 2,000 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 227,233 State Funds Budgeted $ 215,446 Total Positions Budgeted 13 9. Georgia Post-Secondary Education Commission Budget: Personal Services $ 71,000 Regular Operating Expenses $ 12,664 Travel $ 5,444 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 5,000 Equipment Purchases $ 525 Per Diem and Fees $ 23,998 Computer Charges $ 8,000 Other Contractual Expense $ 0 Total Funds Budgeted $ 126,631 State Funds Budgeted $ 43,000 Total Positions Budgeted 4 10. Intern Program Budget: Personal Services $ 71,659 Regular Operating Expenses $ 2,875 Travel $ 5,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 2,000 Equipment Purchases $ 300 Per Diem and Fees $ 0 Computer Charges $ 900 Other Contractual Expense $ 0 Intern Stipends $ 31,000 Total Funds Budgeted $ 114,234 State Funds Budgeted $ 108,239 Total Positions Budgeted 4 Budget Unit Object Classes: Personal Services $ 2,509,934 Regular Operating Expenses $ 238,128 Travel $ 100,350 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 59,456 Equipment Purchases $ 13,575 Per Diem and Fees $ 99,906 Computer Charges $ 35,000 Other Contractual Expense $ 153,230 Art Grants $ 300,000 Payments to Regional Commissions $ 175,500 Intern Stipends $ 31,000

Page 1795

Section 24. Grants to Counties and Municipalities. 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. Section 25. Department of Human Resources. A. Budget Unit: Departmental Operations $ 236,849,740 1. General Administration and Support Budget: Personal Services $ 8,134,871 Regular Operating Expenses $ 1,378,232 Travel $ 298,151 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 156,266 Equipment Purchases $ 20,975 Per Diem and Fees $ 64,609 Computer Charges $ 1,477,000 Other Contractual Expense $ 105,000 Capital Outlay $ 106,000 State of Georgia General Obligation Debt Sinking Fund $ 151,000 Total Funds Budgeted $ 11,892,104 Indirect Computer Funding $ 1,276,300 Indirect Communications Funding $ 188,350 Agency Funds $ 4,695,656 State Funds Budgeted $ 5,341,586 Total Positions Budgeted 650 2. Special Programs: Personal Services $ 834,306 Regular Operating Expenses $ 118,964 Travel $ 94,211 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 45,675 Equipment Purchases $ 0 Per Diem and Fees $ 19,490 Computer Charges $ 60,000 Other Contractual Expense $ 24,323 Total Funds Budgeted $ 1,196,969 Indirect Communications Funding $ 99,560 Agency Funds $ 159,282 State Funds Budgeted $ 902,218 Total Positions Budgeted 83 3. Physical Health Program Direction and Support Budget: Personal Services $ 987,210 Regular Operating Expenses $ 119,037 Travel $ 28,450 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 23,800 Equipment Purchases $ 2,500 Per Diem and Fees $ 200 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 1,161,197 Indirect Communications Funding $ 73,530 State Funds Budgeted $ 1,051,656 Total Positions Budgeted 82 4. Physical Health Family Health Budget: Personal Services $ 4,041,712 Regular Operating Expenses $ 1,220,300 Travel $ 346,771 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 78,576 Equipment Purchases $ 25,000 Per Diem and Fees $ 503,685 Computer Charges $ 110,000 Other Contractual Expense $ 3,150,897 Regional Grants for Prenatal and Postnatal Care Programs $ 150,000 Crippled Children Benefits $ 3,034,626 Kidney Disease Benefits $ 300,000 Cancer Control Benefits $ 441,000 Maternal Health/Family Planning Benefits $ 2,220,154 Total Funds Budgeted $ 15,622,721 Indirect Computer Funding $ 89,300 Indirect Communications Funding $ 41,060 Agency Funds $ 6,290,456 State Funds Budgeted $ 8,878,683 Total Positions Budgeted 412 5. Physical Health Community Health Budget: Personal Services $ 5,050,062 Regular Operating Expenses $ 882,217 Travel $ 413,631 Motor Vehicle Equipment Purchases $ 10,400 Publications and Printing $ 61,000 Equipment Purchases $ 8,000 Per Diem and Fees $ 155,118 Computer Charges $ 25,000 Other Contractual Expense $ 149,329 Facilities Construction Grants $ 10,013,000 Total Funds Budgeted $ 16,767,757 Indirect Communications Funding $ 17,650 Agency Funds $ 6,217,227 State Funds Budgeted $ 10,326,645 Total Positions Budgeted 404 6. Physical Health Local Services Budget: Personal Services $ 5,493,910 Regular Operating Expenses $ 570,223 Travel $ 550,130 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 4,360 Equipment Purchases $ 45,000 Per Diem and Fees $ 170,510 Computer Charges $ 0 Other Contractual Expense $ 368,649 Grant for DeKalb County Mental Retardation Project $ 97,300 Grant for Chatham County Mental Retardation Project $ 92,800 Grant-In-Aid to Counties $ 9,028,977 Total Funds Budgeted $ 16,421,859 Indirect Communications Funding $ 53,200 Agency Funds $ 3,366,539 State Funds Budgeted $ 12,779,887 Total Positions Budgeted 447 7. Mental Health Program Direction and Support Budget: Personal Services $ 1,157,479 Regular Operating Expenses $ 150,267 Travel $ 130,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 9,200 Equipment Purchases $ 0 Per Diem and Fees $ 24,200 Computer Charges $ 100,000 Other Contractual Expense $ 450,000 Benefits for Family Living Care $ 975,000 Total Funds Budgeted $ 2,996,146 Indirect Computer Funding $ 81,190 Indirect Communications Funding $ 22,370 Agency Funds $ 618,457 State Funds Budgeted $ 2,213,495 Total Positions Budgeted 94 8. Drug Abuse Prevention and Abatement Budget: Personal Services $ 1,581,904 Regular Operating Expenses $ 246,477 Travel $ 54,497 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 16,644 Equipment Purchases $ 4,500 Per Diem and Fees $ 86,720 Computer Charges $ 100,000 Other Contractual Expense $ 2,426,938 Total Funds Budgeted $ 4,517,680 Indirect Computer Funding $ 81,190 Agency Funds $ 3,234,624 State Funds Budgeted $ 1,064,471 Total Positions Budgeted 153 9. Mental Health Local Services Budget: Personal Services $ 250,015 Regular Operating Expenses $ 29,703 Travel $ 25,956 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 500 Equipment Purchases $ 500 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 4,000 Contracts with Day Care Centers for the Mentally Retarded $ 23,417,216 Grants for Alcoholism Community Treatment Programs $ 2,291,211 Grants for Child Mental Health $ 1,040,034 Grants for Adult Mental Health $ 3,860,511 Foster Grandparent Program and Group Homes for the Mentally Retarded $ 1,822,000 Total Funds Budgeted $ 32,741,646 Indirect Communications Funding $ 12,670 Agency Funds $ 15,009,509 State Funds Budgeted $ 17,709,912 Total Positions Budgeted 14 10. Work Incentive Program Budget: Personal Services $ 987,452 Regular Operating Expenses $ 65,000 Travel $ 80,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing 2,000 Equipment Purchases $ 0 Per Diem and Fees $ 0 Computer Charges $ 59,000 Other Contractual Expense $ 0 W.I.N. Benefits $ 2,750,000 Total Funds Budgeted $ 3,943,952 Indirect Communications Funding $ 8,365 Agency Funds $ 3,549,557 State Funds Budgeted $ 382,699 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 Other Contractual Expense $ 0 Grants to Fulton County for 24-hour Emergency Social Services $ 130,000 Benefits for Child Care $ 6,567,230 Total Funds Budgeted $ 6,697,230 State Funds Budgeted $ 3,575,151 Total Positions Budgeted 0 12. Programs for Children, Youth, Families, and Adults Budget: Personal Services $ 5,914,481 Regular Operating Expenses $ 660,132 Travel $ 473,556 Motor Vehicle Equipment Purchases $ 4,112 Publications and Printing $ 89,335 Equipment Purchases $ 32,500 Per Diem and Fees $ 16,600 Computer Charges $ 260,000 Other Contractual Expense $ 28,230,677 Georgia Indigent Legal Services Contracts $ 1,000,000 Total Funds Budgeted $ 36,681,393 Indirect Computer Funding $ 211,100 Indirect Communications Funding $ 130,140 Agency Funds $ 30,556,861 State Funds Budgeted $ 4,375,951 Total Positions Budgeted 545 13. Services to the Aged Budget: Personal Services $ 419,957 Regular Operating Expenses $ 64,576 Travel $ 31,584 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 4,200 Equipment Purchases $ 4,032 Per Diem and Fees $ 2,100 Computer Charges $ 0 Other Contractual Expense $ 4,536 Areawide and Community Grants $ 1,457,178 Nutrition Grants $ 2,476,500 Total Funds Budgeted $ 4,464,663 Indirect Communications Funding $ 11,240 Agency Funds $ 3,990,941 State Funds Budgeted $ 461,728 Total Positions Budgeted 35 14. Vocational Rehabilitation Program Direction and Support Budget: Personal Services $ 845,903 Regular Operating Expenses $ 9,264,982 Travel $ 26,347 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 9,500 Equipment Purchases $ 1,700 Per Diem and Fees $ 16,740 Computer Charges $ 225,000 Other Contractual Expense $ 45,080 Grants for Nephrology Centers $ 185,000 Total Funds Budgeted $ 10,620,252 Indirect Computer Funding $ 182,680 Indirect Communications Funding $ 24,855 Agency Funds $ 7,741,344 State Funds Budgeted $ 2,590,535 Total Positions Budgeted 65 15. Vocational Rehabilitation Facilities Budget: Personal Services $ 8,279,542 Regular Operating Expenses $ 4,408,891 Travel $ 135,704 Motor Vehicle Equipment Purchases $ 25,588 Publications and Printing $ 12,005 Equipment Purchases $ 200,798 Per Diem and Fees $ 127,690 Computer Charges $ 0 Other Contractual Expense $ 275,150 Capital Outlay $ 250,000 Total Funds Budgeted $ 13,715,368 Indirect Communications Funding $ 82,560 Agency Funds $ 11,694,378 State Funds Budgeted $ 1,899,466 Total Positions Budgeted 684 16. Vocational Rehabilitation Services Budget: Personal Services $ 10,974,877 Regular Operating Expenses $ 7,851,412 Travel $ 540,946 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 42,536 Equipment Purchases $ 153,117 Per Diem and Fees $ 226,424 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 19,789,312 Indirect Communications Funding $ 234,450 Agency Funds $ 17,879,241 State Funds Budgeted $ 1,612,268 Total Positions Budgeted 924 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 $ 1,810,000 Other Contractual Expense $ 1,600,000 Medicaid Benefits $ 292,416,480 Payments to Counties for Adult Mental Health $ 737,500 Payments to Counties for Child Mental Health $ 147,500 Payments to Counties for Alcoholism $ 354,000 Total Funds Budgeted $ 297,065,480 Indirect Computer Funding $ 1,542,390 Agency Funds $ 177,462,800 State Funds Budgeted $ 97,903,300 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 $ 660,000 Other Contractual Expense $ 530,000 Cuban Refugees Benefits $ 100,000 SSI-Supplement Benefits $ 3,735,584 AFDC Benefits $ 143,924,410 Total Funds Budgeted $ 148,949,994 Indirect Computer Funding $ 535,850 Agency Funds $ 103,676,420 State Funds Budgeted $ 41,301,868 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 Other Contractual Expense $ 0 Local Services Benefits Payments Grants $ 26,878,545 Grants to Counties for Social Services $ 21,763,068 Total Funds Budgeted $ 48,641,613 State Funds Budgeted $ 19,496,500 Total Positions Budgeted 0 20. Benefits Payments Program Administration and Support Budget: Personal Services $ 2,761,303 Regular Operating Expenses $ 633,083 Travel $ 179,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 175,870 Equipment Purchases $ 23,770 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 2,589,275 Total Funds Budgeted $ 6,362,301 State Funds Budgeted $ 2,981,721 Total Positions Budgeted 251 Budget Unit Object Classes: Personal Services $ 57,714,984 Regular Operating Expenses $ 27,663,496 Travel $ 3,409,434 Motor Vehicle Equipment Purchases $ 40,100 Publications and Printing $ 731,467 Equipment Purchases $ 522,392 Per Diem and Fees $ 1,414,086 Computer Charges $ 4,886,000 Other Contractual Expense $ 39,953,854 Grants for Regional Prenatal and Postnatal Care Programs $ 150,000 Crippled Children Benefits $ 3,034,626 Kidney Disease Benefits $ 300,000 Cancer Control Benefits $ 441,000 Maternal Health/Family Planning Benefits $ 2,220,154 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 $ 9,028,977 Benefits for Family Living Care $ 975,000 Contracts with Day Care Centers for the Mentally Retarded $ 23,417,216 Grants for Alcoholism Community Treatment Programs $ 2,291,211 Grants for Child Mental Health $ 1,040,034 Grants for Adult Mental Health $ 3,860,511 Foster Grandparent Program and Group Homes for the Mentally Retarded $ 1,822,000 Work Incentive Benefits $ 2,750,000 Grants to Fulton County for 24-hour Emergency Social Services $ 130,000 Benefits for Child Care $ 6,567,230 Georgia Indigent Legal Services Contracts $ 1,000,000 Areawide and Community Grants $ 1,457,178 Nutrition Grants $ 2,476,500 Grants for Nephrology Centers $ 185,000 Medicaid Benefits $ 292,416,480 Payments to Counties for Adult Mental Health $ 737,500 Payments to Counties for Child Mental Health $ 147,500 Payments to Counties for Alcoholism $ 354,000 Cuban Refugees Benefits $ 100,000 SSI-Supplement Benefits $ 3,735,584 AFDC Benefits $ 143,924,410 Local Services Benefits Payments Grants $ 26,878,545 Grants to Counties for Social Services $ 21,763,068 Capital Outlay $ 356,000 State of Georgia General Obligation Debt Sinking Fund $ 151,000

Page 1807

Provided, however, that none of the above appropriation for Medicaid Benefits shall be used to fund any increase in rates for providers of service, unless approved in advance by appropriate subcommittees of the House and Senate Appropriations Committees, said subcommittees to be so designated by the respective Chairman of said Appropriations Committee. Provided, that of the above appropriation relative to departmental operations, no State funds whatsoever shall be used to pay AFDC benefits to the extent that the net average monthly payment per individual exceeds $32.00 on a quarterly average basis.

Page 1808

Provided, that of the above appropriation, $437,000 is designated and committed for 12% matching for Day Care Centers in the Appalachian Region. Provided, that of the above appropriation related to the Vocational Rehabilitation-Facilities Budget $234,425 is designated and committed for the Factories for the Blind in Bainbridge, Atlanta, and Griffin. Provided, that of the above appropriation, $150,000 is designated and committed for regional prenatal and postnatal care programs. Provided, that of the funds available in the Physical Health-Local Services Budget not less than $100,000 is committed for continuation of the Community Cardiovascular Council Stroke-Screening Program. Provided, that of the above appropriation, $20,000 is designated and committed for toxoplasmosis screening as authorized by House Resolution 67. Provided, that of the above appropriation, $100,000 is designated and committed for the purchase of drugs for the Hemophilia Program, $50,000 is designated and committed to operate the Hemophilia Program in Augusta, and $50,000 is designated and committed to establish a Hemophilia Program in the Metropolitan Atlanta area. 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 for the training of health personnel under the provisions of the Public Health Service Act. Provided, that of the above appropriation, $35,000 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 the Department of Human Resources is hereby directed to proceed with the preparation of plans for

Page 1809

a Sheltered Workshop in Dougherty County, such plans to be paid for by funds appropriated to the Georgia State Financing and Investment Commission. Provided, that of the above appropriation, $250,000 is designated and committed to construct a Sheltered Workshop in Dougherty County. B. Budget Unit: Mental Health and Youth Development Institutions $ 142,132,881 1. Georgia Regional Hospital at Augusta Budget: Personal Services $ 4,869,692 Regular Operating Expenses $ 861,113 Travel $ 20,500 Motor Vehicle Equipment Purchases $ 4,200 Publications and Printing $ 3,840 Equipment Purchases $ 5,000 Per Diem and Fees $ 72,000 Computer Charges $ 70,000 Other Contractual Expense $ 110,060 Authority Lease Rentals $ 387,000 Outpatient and Aftercare Drug Purchases $ 45,000 Total Funds Budgeted $ 6,448,405 State Funds Budgeted $ 5,924,453 Total Positions Budgeted 537 2. Georgia Regional Hospital at Atlanta Budget: Personal Services $ 5,918,948 Regular Operating Expenses $ 1,346,965 Travel $ 15,129 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 8,750 Equipment Purchases $ 10,215 Per Diem and Fees $ 107,000 Computer Charges $ 82,000 Other Contractual Expense $ 15,070 Authority Lease Rentals $ 513,000 Outpatient and Aftercare Drug Purchases $ 150,000 Total Funds Budgeted $ 8,167,077 State Funds Budgeted $ 7,709,840 Total Positions Budgeted 645 3. Georgia Regional Hospital at Savannah Budget: Personal Services $ 4,685,618 Regular Operating Expenses $ 748,524 Travel $ 19,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 2,000 Equipment Purchases $ 25,000 Per Diem and Fees $ 66,000 Computer Charges $ 69,000 Other Contractual Expense $ 34,000 Authority Lease Rentals $ 500,000 Outpatient and Aftercare Drug Purchases $ 52,500 Total Funds Budgeted $ 6,201,642 State Funds Budgeted $ 5,786,401 Total Positions Budgeted 551 4. West Central Georgia Regional Hospital Budget: Personal Services $ 4,308,000 Regular Operating Expenses $ 733,441 Travel $ 16,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 4,400 Equipment Purchases $ 16,050 Per Diem and Fees $ 40,000 Computer Charges $ 65,000 Other Contractual Expense $ 0 Authority Lease Rentals $ 646,500 Outpatient and Aftercare Drug Purchases $ 90,000 Total Funds Budgeted $ 5,919,391 State Funds Budgeted $ 5,691,398 Total Positions Budgeted 551 5. Northwest Georgia Regional Hospital at Rome Budget: Personal Services $ 5,774,299 Regular Operating Expenses $ 1,185,087 Travel $ 20,000 Motor Vehicle Equipment Purchases $ 5,000 Publications and Printing $ 5,500 Equipment Purchases $ 32,718 Per Diem and Fees $ 31,000 Computer Charges $ 75,000 Other Contractual Expense $ 0 Capital Outlay $ 100,000 Authority Lease Rentals $ 853,500 Outpatient and Aftercare Drug Purchases $ 52,500 Total Funds Budgeted $ 8,134,604 State Funds Budgeted $ 7,539,857 Total Positions Budgeted 779 6. Gracewood State School and Hospital Budget: Personal Services $ 13,279,351 Regular Operating Expenses $ 2,873,183 Travel $ 22,611 Motor Vehicle Equipment Purchases $ 20,396 Publications and Printing $ 7,102 Equipment Purchases $ 125,000 Per Diem and Fees $ 47,176 Computer Charges $ 71,000 Other Contractual Expense $ 136,483 Capital Outlay $ 2,750,000 Authority Lease Rentals $ 117,000 Total Funds Budgeted $ 19,449,302 State Funds Budgeted $ 15,521,081 Total Positions Budgeted 1,562 7. Southwestern State Hospital Budget: Personal Services $ 7,278,336 Regular Operating Expenses $ 1,256,536 Travel $ 24,297 Motor Vehicle Equipment Purchases $ 11,565 Publications and Printing $ 1,365 Equipment Purchases $ 47,969 Per Diem and Fees $ 51,535 Computer Charges $ 70,000 Other Contractual Expense $ 14,736 Capital Outlay $ 2,000,000 Outpatient and Aftercare Drug Purchases $ 75,000 Total Funds Budgeted $ 10,831,339 State Funds Budgeted $ 10,031,250 Total Positions Budgeted 805 8. Georgia Retardation Center Budget: Personal Services $ 9,910,000 Regular Operating Expenses $ 1,796,054 Travel $ 30,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 9,486 Equipment Purchases $ 10,000 Per Diem and Fees $ 50,146 Computer Charges $ 122,100 Other Contractual Expense $ 892,065 Capital Outlay $ 263,213 Authority Lease Rentals $ 794,000 Total Funds Budgeted $ 13,877,064 State Funds Budgeted $ 12,792,626 Total Positions Budgeted 1,098 9. Georgia Mental Health Institute Budget: Personal Services $ 7,473,369 Regular Operating Expenses $ 1,408,766 Travel $ 35,200 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 9,870 Equipment Purchases $ 31,095 Per Diem and Fees $ 81,289 Computer Charges $ 60,810 Other Contractual Expense $ 420,825 Authority Lease Rentals $ 450,000 Outpatient and Aftercare Drug Purchases $ 172,500 Total Funds Budgeted $ 10,143,724 State Funds Budgeted $ 9,511,684 Total Positions Budgeted 707 10. Central State Hospital Budget: Personal Services $ 42,697,000 Regular Operating Expenses $ 9,822,655 Travel $ 52,789 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 14,408 Equipment Purchases $ 321,885 Per Diem and Fees $ 91,492 Computer Charges $ 360,000 Other Contractual Expense $ 82,875 Capital Outlay $ 2,925,000 Authority Lease Rentals $ 1,284,000 State of Georgia General Obligation Debt Sinking Fund $ 183,000 Outpatient and Aftercare Drug Purchases $ 112,500 Total Funds Budgeted $ 57,947,604 State Funds Budgeted $ 48,844,609 Total Positions Budgeted 4,893 11. State Youth Development Centers Budget: Personal Services $ 5,940,000 Regular Operating Expenses $ 1,327,516 Travel $ 15,500 Motor Vehicle Equipment Purchases $ 13,000 Publications and Printing $ 3,400 Equipment Purchases $ 22,700 Per Diem and Fees $ 33,200 Computer Charges $ 8,000 Other Contractual Expense $ 8,400 Capital Outlay $ 68,000 Total Funds Budgeted $ 7,439,716 State Funds Budgeted $ 7,279,636 Total Positions Budgeted 621 12. Regional Youth Development Centers Budget: Personal Services $ 2,408,338 Regular Operating Expenses $ 719,715 Travel 15,300 Motor Vehicle Equipment Purchases $ 15,500 Publications and Printing $ 2,250 Equipment Purchases $ 70,450 Per Diem and Fees $ 65,358 Computer Charges $ 0 Other Contractual Expense $ 0 Capital Outlay $ 2,104,000 Grants to County-Owned Detention Centers $ 369,000 Total Funds Budgeted $ 5,769,911 State Funds Budgeted $ 5,500,046 Total Positions Budgeted 298 Budget Unit Object Classes: Personal Services $ 114,542,951 Regular Operating Expenses $ 24,079,555 Travel $ 286,326 Motor Vehicle Equipment Purchases $ 69,661 Publications and Printing $ 72,371 Equipment Purchases $ 718,082 Per Diem and Fees $ 736,196 Computer Charges $ 1,052,910 Other Contractual Expense $ 1,714,514 Capital Outlay $ 10,210,213 Grants to County-Owned Detention Centers $ 369,000 Authority Lease Rentals $ 5,545,000 State of Georgia General Obligation Debt Sinking Fund $ 183,000 Outpatient and Aftercare Drug Purchases $ 750,000

Page 1815

Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $183,000 is specifically appropriated for the purpose of financing a school for special education at Central State Hospital through the issuance of not to exceed $2,104,000 in principal amount of General Obligation Debt. Provided, that of the above appropriation relating to Capital Outlay: $2,104,000 is designated and committed for the construction of Regional Youth Development Centers at Macon ($842,000), Griffin ($631,000) and Eastman ($631,000); $2,925,000 is designated and committed to renovate the Allen Building at Central State Hospital; $2,750,000 is designated and committed to construct a hospital unit at Gracewood State School and Hospital; $2,000,000 is designated and committed to construct a multi-geographic receiving facility at Southwestern State Hospital; and $263,213 is designated and committed for renovations, to meet Fire Marshal requirements, at the Georgia Retardation Center. Provided, that of the above appropriation relating to Capital Outlay, $100,000 is designated and committed for Fire Safety renovations at Northwest Georgia Regional Hospital.

Page 1816

Provided, that the Department of Human Resources is hereby directed to proceed with the preparation of plans for a Regional Youth Development Center in Muscogee County, such plans to be paid for by funds appropriated to the Georgia State Financing and Investment Commission. Section 26. Department of Labor. A. Budget Unit: Inspection Division $ 456,021 Inspection Division Budget: Personal Services $ 369,800 Regular Operating Expenses $ 23,221 Travel $ 60,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 2,000 Equipment Purchases $ 500 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 500 Total Funds Budgeted $ 456,021 State Funds Budgeted $ 456,021 Total Positions Budgeted 30 Budget Unit Object Classes: Personal Services $ 369,800 Regular Operating Expenses $ 23,221 Travel $ 60,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 2,000 Equipment Purchases $ 500 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 500 B. Budget Unit: Basic Employment, Work Incentive, Other Manpower Services and Unemployment Compensation Reserve Fund $ 2,885,865 1. Basic Employment Security Budget: Personal Services $ 14,223,661 Regular Operating Expenses $ 3,679,740 Travel $ 450,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 250,000 Equipment Purchases $ 150,000 Per Diem and Fees $ 5,000 Computer Charges $ 0 Other Contractual Expense $ 400,000 Total Funds Budgeted $ 19,158,401 State Funds Budgeted $ 334,650 Total Positions Budgeted 1,140 2. Other Manpower Training Budget: Personal Services $ 1,065,985 Regular Operating Expenses $ 40,854 Travel $ 15,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 25,000 Equipment Purchases $ 25,000 Per Diem and Fees $ 5,000 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 1,176,839 State Funds Budgeted $ 0 Total Positions Budgeted 94 3. Correctional Manpower Program Budget: Personal Services $ 751,538 Regular Operating Expenses $ 76,503 Travel $ 26,433 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 0 Equipment Purchases $ 1,400 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 45,000 Total Funds Budgeted $ 900,874 State Funds Budgeted $ 869,190 Total Positions Budgeted 58 4. Unemployment Compensation Reserve Fund Budget: Unemployment Compensation Reserve Fund $ 1,000,000 Total Funds Budgeted $ 1,000,000 State Funds Budgeted $ 1,000,000 5. Work Incentive Budget: Personal Services $ 2,853,664 Regular Operating Expenses $ 395,373 Travel $ 125,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 8,000 Equipment Purchases $ 34,600 Per Diem and Fees $ 5,000 Computer Charges $ 0 Other Contractual Expense $ 2,697,598 W.I.N. Grants $ 1,000,000 Total Funds Budgeted $ 7,119,235 State Funds Budgeted $ 682,025 Total Positions Budgeted 232 Budget Unit Object Classes: Personal Services $ 18,894,848 Regular Operating Expenses $ 4,192,470 Travel $ 616,433 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 283,000 Equipment Purchases $ 211,000 Per Diem and Fees $ 15,000 Computer Charges $ 0 Other Contractual Expense $ 3,142,598 W.I.N. Grants $ 1,000,000 Unemployment Compensation Reserve Fund $ 1,000,000

Page 1819

Section 27. Department of Law. Budget Unit: Department of Law $ 2,153,678 1. Attorney General's Office Budget: Personal Services $ 1,772,042 Regular Operating Expenses $ 171,100 Travel $ 61,640 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 23,950 Equipment Purchases $ 19,600 Per Diem and Fees $ 27,250 Computer Charges $ 740 Other Contractual Expense $ 0 Total Funds Budgeted $ 2,076,322 State Funds Budgeted $ 1,993,137 Total Positions Budgeted 87 2. State Library Budget: Personal Services $ 126,000 Regular Operating Expenses $ 5,001 Travel $ 140 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 250 Equipment Purchases $ 2,000 Per Diem and Fees $ 550 Computer Charges $ 60 Other Contractual Expense $ 0 Law Books $ 32,000 Total Funds Budgeted $ 166,001 State Funds Budgeted $ 160,541 Total Positions Budgeted 11 Budget Unit Object Classes: Personal Services $ 1,898,042 Regular Operating Expenses $ 176,101 Travel $ 61,780 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 24,200 Equipment Purchases $ 21,600 Per Diem and Fees $ 27,800 Computer Charges $ 800 Other Contractual Expense $ 0 Books for State Library $ 32,000

Page 1820

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 28. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel Administration (No direct State General Fund Appropriation is required) $ 0 1. Applicant Services Budget: Personal Services $ 410,063 Regular Operating Expenses $ 38,990 Travel $ 2,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 24,600 Equipment Purchases $ 1,640 Per Diem and Fees $ 2,000 Computer Charges $ 264,500 Other Contractual Expense $ 0 Total Funds Budgeted $ 744,293 State Funds Budgeted $ 0 Total Positions Budgeted 33 2. Classification and Compensation Budget: Personal Services $ 316,400 Regular Operating Expenses $ 10,150 Travel $ 2,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 28,000 Equipment Purchases $ 2,000 Per Diem and Fees $ 500 Computer Charges $ 49,049 Other Contractual Expense $ 0 Total Funds Budgeted $ 408,599 State Funds Budgeted $ 0 Total Positions Budgeted 22 3. Employee Services Budget: Personal Services $ 260,000 Regular Operating Expenses $ 8,625 Travel $ 2,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 5,500 Equipment Purchases $ 1,200 Per Diem and Fees $ 700 Computer Charges $ 100,000 Other Contractual Expense $ 0 Total Funds Budgeted $ 378,525 State Funds Budgeted $ 0 Total Positions Budgeted 20 4. Training and Staff Development Budget: Personal Services $ 193,775 Regular Operating Expenses $ 14,900 Travel $ 4,900 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 4,400 Equipment Purchases $ 1,850 Per Diem and Fees $ 20,250 Computer Charges $ 200 Other Contractual Expense $ 0 Total Funds Budgeted $ 240,275 State Funds Budgeted $ 0 Total Positions Budgeted 14 5. Insurance and Income Maintenance Budget: Personal Services $ 182,500 Regular Operating Expenses $ 16,835 Travel $ 1,575 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 2,600 Equipment Purchases $ 560 Per Diem and Fees $ 9,000 Computer Charges $ 15,600 Other Contractual Expense $ 0 Total Funds Budgeted $ 228,670 State Funds Budgeted $ 0 Total Positions Budgeted 16 6. Planning, Research and Special Services Budget: Personal Services $ 91,620 Regular Operating Expenses $ 4,400 Travel $ 2,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 550 Equipment Purchases $ 0 Per Diem and Fees $ 400 Computer Charges $ 1,900 Other Contractual Expense $ 300,000 Total Funds Budgeted $ 400,870 State Funds Budgeted $ 0 Total Positions Budgeted 5 7. Administrative and Staff Services Budget: Personal Services $ 158,000 Regular Operating Expenses $ 9,550 Travel $ 600 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 2,300 Equipment Purchases $ 1,400 Per Diem and Fees $ 300 Computer Charges $ 6,000 Other Contractual Expense $ 0 Total Funds Budgeted $ 178,150 State Funds Budgeted $ 0 Total Positions Budgeted 13 8. Director Office Budget: Personal Services $ 127,600 Regular Operating Expenses $ 6,200 Travel $ 4,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 2,000 Equipment Purchases $ 1,300 Per Diem and Fees $ 2,600 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 143,700 State Funds Budgeted $ 0 Total Positions Budgeted 6 Budget Unit Object Classes: Personal Services $ 1,739,958 Regular Operating Expenses $ 109,650 Travel $ 20,575 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 69,950 Equipment Purchases $ 9,950 Per Diem and Fees $ 35,750 Computer Charges $ 437,249 Other Contractual Expense $ 300,000

Page 1824

Section 29. Department of Natural Resources. Budget Unit: Department of Natural Resources $ 29,150,847 1. Internal Administration Budget: Personal Services $ 925,919 Regular Operating Expenses $ 196,083 Travel $ 10,720 Motor Vehicle Equipment Purchases $ 4,700 Publications and Printing 4$ 69,160 Equipment Purchases $ 9,285 Per Diem and Fees $ 30,600 Computer Charges $ 140,380 Other Contractual Expense $ 0 Total Funds Budgeted $ 1,386,847 State Funds Budgeted $ 1,367,171 Total Positions Budgeted 72 2. Public Relations and Information Budget: Personal Services $ 337,385 Regular Operating Expenses $ 85,225 Travel $ 9,312 Motor Vehicle Equipment Purchases $ 12,300 Publications and Printing $ 325,000 Equipment Purchases $ 15,500 Per Diem and Fees $ 13,000 Computer Charges $ 500 Other Contractual Expense $ 0 Total Funds Budgeted $ 798,222 State Funds Budgeted $ 784,792 Total Positions Budgeted 25 3. Planning and Research Budget: Personal Services $ 918,000 Regular Operating Expenses $ 89,980 Travel $ 68,000 Motor Vehicle Equipment Purchases $ 5,000 Publications and Printing $ 75,000 Equipment Purchases $ 10,800 Per Diem and Fees $ 99,620 Computer Charges $ 3,000 Other Contractual Expense $ 108,909 Land and Water Conservation Grants $ 3,600,000 Recreation Grants $ 300,000 Total Funds Budgeted $ 5,278,309 State Funds Budgeted $ 1,443,012 Total Positions Budgeted 65 4. Game Management Budget: Personal Services $ 1,323,000 Regular Operating Expenses $ 522,913 Travel $ 16,692 Motor Vehicle Equipment Purchases $ 176,400 Publications and Printing $ 15,000 Equipment Purchases $ 29,800 Per Diem and Fees $ 3,500 Computer Charges $ 6,500 Other Contractual Expense $ 19,267 Capital Outlay $ 0 Total Funds Budgeted $ 2,113,072 State Funds Budgeted $ 1,140,447 Total Positions Budgeted 110 5. Fisheries Management Budget: Personal Services $ 1,355,000 Regular Operating Expenses $ 505,555 Travel $ 32,000 Motor Vehicle Equipment Purchases $ 97,900 Publications and Printing $ 10,500 Equipment Purchases $ 86,325 Per Diem and Fees $ 3,000 Computer Charges $ 3,125 Other Contractual Expense $ 36,000 Capital Outlay $ 309,000 Total Funds Budgeted $ 2,438,405 State Funds Budgeted $ 1,898,692 Total Positions Budgeted 107 6. Law Enforcement Budget: Personal Services $ 2,982,000 Regular Operating Expenses $ 859,950 Travel $ 49,000 Motor Vehicle Equipment Purchases $ 297,500 Publications and Printing $ 29,400 Equipment Purchases $ 295,609 Per Diem and Fees $ 2,080 Computer Charges $ 0 Other Contractual Expense $ 0 State of Georgia General Obligation Debt Sinking Fund $ 27,000 Total Funds Budgeted $ 4,542,539 State Funds Budgeted $ 4,325,310 Total Positions Budgeted 241 7. Project Evaluation Budget: Personal Services $ 66,900 Regular Operating Expense $ 12,025 Travel $ 2,645 Motor Vehicle Equipment Purchases $ 4,100 Publications and Printing $ 300 Equipment Purchases $ 1,600 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 87,570 State Funds Budgeted $ 86,117 Total Positions Budgeted 4 8. Coastal Marshlands Protection Budget: Personal Services $ 33,600 Regular Operating Expenses $ 6,875 Travel $ 2,500 Motor Vehicle Equipment Purchases $ 3,500 Publications and Printing $ 650 Equipment Purchases $ 1,065 Per Diem and Fees $ 2,640 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 50,830 State Funds Budgeted $ 49,943 Total Positions Budgeted 2 9. State Parks and Historic Sites Operations Budget: Personal Services $ 4,437,000 Regular Operating Expenses $ 2,728,443 Travel $ 64,500 Motor Vehicle Equipment Purchases $ 240,300 Publications and Printing $ 36,000 Equipment Purchases $ 277,090 Per Diem and Fees $ 57,500 Computer Charges $ 0 Other Contractual Expense $ 28,500 Capital Outlay $ 360,000 Authority Lease Rentals $ 2,526,000 Total Funds Budgeted $ 10,755,333 State Funds Budgeted $ 7,962,031 Total Positions Budgeted 356 10. Geologic and Water Resources Research Budget: Personal Services $ 496,000 Regular Operating Expenses $ 73,939 Travel $ 24,000 Motor Vehicle Equipment Purchases $ 21,600 Publications and Printing $ 26,000 Equipment Purchases $ 5,200 Per Diem and Fees $ 2,500 Computer Charges $ 0 Other Contractual Expense $ 30,000 Contract with U.S. Geological Survey for Ground Water Resources Survey $ 191,900 Topographic Mapping United States Geological Survey $ 949,500 Total Funds Budgeted $ 1,820,639 State Funds Budgeted $ 1,534,608 Total Positions Budgeted 33 11. Water Supply Budget: Personal Services $ 498,183 Regular Operating Expenses $ 42,741 Travel $ 27,459 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 6,000 Equipment Purchases $ 23,077 Per Diem and Fees $ 0 Computer Charges $ 10,000 Other Contractual Expense $ 0 Fluoridation Grants $ 0 Total Funds Budgeted $ 607,460 State Funds Budgeted $ 594,663 Total Positions Budgeted 34 12. Water Quality Budget: Personal Services $ 1,478,000 Regular Operating Expenses $ 95,430 Travel $ 40,000 Motor Vehicle Equipment Purchases $ 20,000 Publications and Printing $ 32,000 Equipment Purchases $ 49,340 Per Diem and Fees $ 3,800 Computer Charges $ 105,500 Other Contractual Expense $ 437,500 Water and Sewer Grants $ 1,500,000 Total Funds Budgeted $ 3,761,570 State Funds Budgeted $ 2,481,066 Total Positions Budgeted 98 13. Air Quality Budget: Personal Services $ 1,132,000 Regular Operating Expenses $ 86,809 Travel $ 54,300 Motor Vehicle Equipment Purchases $ 6,000 Publications and Printing $ 3,000 Equipment Purchases $ 28,000 Per Diem and Fees $ 500 Computer Charges $ 58,700 Other Contractual Expense $ 9,500 Total Funds Budgeted $ 1,378,809 State Funds Budgeted $ 811,965 Total Positions Budgeted 74 14. Solid Waste Management Budget: Personal Services $ 573,711 Regular Operating Expenses $ 27,198 Travel $ 31,180 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 6,500 Equipment Purchases $ 6,000 Per Diem and Fees $ 1,500 Computer Charges $ 0 Other Contractual Expense $ 0 Solid Waste Grants $ 2,000,000 Total Funds Budgeted $ 2,646,089 State Funds Budgeted $ 2,636,541 Total Positions Budgeted 35 15. Land Reclamation Budget: Personal Services $ 154,874 Regular Operating Expenses $ 25,205 Travel $ 9,775 Motor Vehicle Equipment Purchases $ 14,000 Publications and Printing $ 1,500 Equipment Purchases $ 1,600 Per Diem and Fees $ 2,000 Computer Charges $ 34,500 Other Contractual Expense $ 0 Total Funds Budgeted $ 243,454 State Funds Budgeted $ 239,989 Total Positions Budgeted 9 16. Heritage Trust Budget: Capital Outlay $ 590,000 State of Georgia General Obligation Debt Sinking Fund $ 302,000 Total Funds Budgeted $ 892,000 State Funds Budgeted $ 892,000 Total Positions Budgeted 0 17. Lake Lanier Islands Development Authority Budget: Payments to Lake Lanier Islands Development Authority for Operations $ 500,000 Payments to Lake Lanier Islands Development Authority for Capital Outlay $ 52,500 Total Funds Budgeted $ 552,500 State Funds Budgeted $ 552,500 Total Positions Budgeted 0 18. Jekyll Island State Park Authority: State of Georgia General Obligation Debt Sinking Fund $ 350,000 Total Funds Budgeted $ 350,000 State Funds Budgeted $ 350,000 Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services $ 16,711,572 Regular Operating Expenses $ 5,358,371 Travel $ 442,083 Motor Vehicle Equipment Purchases $ 903,300 Publications and Printing $ 636,010 Equipment Purchases $ 840,291 Per Diem and Fees $ 222,240 Computer Charges $ 362,205 Other Contractual Expense $ 669,676 Land and Water Conservation Grants $ 3,600,000 Recreation Grants $ 300,000 Fluoridation Grants $ 0 Water and Sewer Grants $ 1,500,000 Solid Waste Grants $ 2,000,000 Contract with U. S. Geological Survey for Ground Water Resources Survey $ 191,900 Contract with U. S. Geological Survey for Topographic Maps $ 949,500 Payments to Lake Lanier Islands Development Authority for Operations $ 500,000 Capital Outlay $ 1,259,000 Authority Lease Rentals $ 2,526,000 State of Georgia General Obligation Debt Sinking Fund $ 679,000 Payments to Lake Lanier Islands Development Authority for Capital Outlay $ 52,500

Page 1832

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 shall be made prior to the official approval thereof by the Board of Natural Resources. Provided, that of the above appropriation to the Planning and Research Budget, $21,000 is designated and committed to the Georgia Special Olympics Program. Provided, that of the above appropriation to the Parks and Historic Sites Budget, $60,000 is designated and committed for camping for the Mentally Retarded. Provided, that of the above appropriation relative to Planning and Research, $100,000 in Grants is designated and committed for renovation of the 4-H Club property and adjacent property acquired for park and recreation purposes. Provided further that these funds shall be matched with local or Federal funds. Provided, that of the above appropriation relative to Capital Outlay, $60,000 is designated and committed to build and equip a pavilion at Red Top Mountain State Park. Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $350,000 is specifically appropriated for the purpose of financing Capital Outlay projects at Jekyll Island through the issuance of not to exceed $4,000,000 in principal amount of General Obligation Debt. Provided, however, the Department is authorized to use up to $100,000 of the funding for Recreation Grants for the

Page 1833

purpose of making grants to counties and cities in connection with the transfer to such counties and cities of the operation of certain existing State parks. Section 30. Department of Offender Rehabilitation. A. Budget Unit: Department of Corrections $ 3,966,393 1. General Administration and Support Budget: Personal Services $ 2,506,447 Regular Operating Expenses $ 548,066 Travel $ 85,000 Motor Vehicle Equipment Purchases $ 4,900 Publications and Printing $ 45,500 Equipment Purchases $ 41,776 Per Diem and Fees $ 37,820 Computer Charges $ 324,442 Other Contractual Expense $ 57,500 Mentally Retarded Offender Program $ 150,000 Total Funds Budgeted $ 3,801,451 State Funds Budgeted $ 3,668,675 Total Positions Budgeted 191 2. Construction, Maintenance, and Special Projects Budget: Personal Services $ 184,418 Regular Operating Expenses $ 45,300 Travel $ 20,000 Motor Vehicle Equipment Purchases $ 4,000 Publications and Printing $ 1,000 Equipment Purchases $ 0 Per Diem and Fees $ 40,000 Computer Charges $ 0 Other Contractual Expenses $ 12,000 Total Funds Budgeted $ 306,718 State Funds Budgeted $ 297,718 Total Positions Budgeted 11 Budget Unit Object Classes: Personal Services $ 2,690,865 Regular Operating Expenses $ 593,366 Travel $ 105,000 Motor Vehicle Equipment Purchases $ 8,900 Publications and Printing $ 46,500 Equipment Purchases $ 41,776 Per Diem and Fees $ 77,820 Computer Charges $ 324,442 Other Contractual Expense $ 69,500 Mentally Retarded Offender Program $ 150,000 B. Budget Unit: Correctional Institutions $ 36,399,957 1. Georgia Training and Development Center Budget: Personal Services $ 922,601 Regular Operating Expenses $ 436,735 Travel $ 1,950 Motor Vehicle Equipment Purchases $ 22,500 Publications and Printing $ 125 Equipment Purchases $ 35,860 Per Diem and Fees $ 19,000 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 1,438,771 State Funds Budgeted $ 1,095,971 Total Positions Budgeted 83 2. Georgia Industrial Institute Budget: Personal Services $ 2,498,800 Regular Operating Expenses $ 1,368,539 Travel $ 8,400 Motor Vehicle Equipment Purchases $ 66,000 Publications and Printing $ 673 Equipment Purchases $ 90,075 Per Diem and Fees $ 22,000 Computer Charges $ 0 Other Contractual Expense $ 0 Capital Outlay $ 40,000 Total Funds Budgeted $ 4,094,487 State Funds Budgeted $ 4,041,987 Total Positions Budgeted 227 3. Georgia Diagnostic and Classification Center Budget: Personal Services $ 2,541,238 Regular Operating Expenses $ 1,049,962 Travel $ 4,000 Motor Vehicle Equipment Purchases $ 34,700 Publications and Printing $ 1,000 Equipment Purchases $ 76,025 Per Diem and Fees $ 49,875 Computer Charges $ 0 Other Contractual Expense $ 0 Authority Lease Rentals $ 640,000 Total Funds Budgeted $ 4,396,800 State Funds Budgeted $ 4,358,000 Total Positions Budgeted 242 4. Georgia State Prison Budget: Personal Services $ 5,013,281 Regular Operating Expenses $ 2,967,117 Travel $ 6,000 Motor Vehicle Equipment Purchases $ 88,000 Publications and Printing $ 1,600 Equipment Purchases $ 146,000 Per Diem and Fees $ 88,000 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 8,309,998 State Funds Budgeted $ 7,644,398 Total Positions Budgeted 454 5. Consolidated Branches Budget: Personal Services $ 3,616,400 Regular Operating Expenses $ 2,077,742 Travel $ 15,700 Motor Vehicle Equipment Purchases $ 55,000 Publications and Printing $ 2,560 Equipment Purchases $ 243,000 Per Diem and Fees $ 124,000 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 6,134,402 State Funds Budgeted $ 5,706,702 Total Positions Budgeted 341 6. Montgomery Correctional Institution Budget: Personal Services $ 640,000 Regular Operating Expenses $ 333,713 Travel $ 3,550 Motor Vehicle Equipment Purchases $ 9,000 Publications and Printing $ 350 Equipment Purchases $ 27,800 Per Diem and Fees $ 9,800 Computer Charges $ 0 Other Contractual Expense $ 0 Authority Lease Rentals $ 100,000 Total Funds Budgeted $ 1,124,213 State Funds Budgeted $ 1,096,213 Total Positions Budgeted 60 7. Walker Correctional Institution Budget: Personal Services $ 598,000 Regular Operating Expenses $ 353,611 Travel $ 2,450 Motor Vehicle Equipment Purchases $ 15,000 Publications and Printing $ 425 Equipment Purchases $ 32,800 Per Diem and Fees $ 10,500 Computer Charges $ 0 Other Contractual Expense $ 0 Authority Lease Rentals $ 100,000 Total Funds Budgeted $ 1,112,786 State Funds Budgeted $ 1,102,786 Total Positions Budgeted 59 8. Kemper Correctional Institution Budget: Personal Services $ 500,000 Regular Operating Expenses $ 416,000 Travel $ 2,500 Motor Vehicle Equipment Purchases $ 7,500 Publications and Printing $ 300 Equipment Purchases $ 10,000 Per Diem and Fees $ 10,000 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 946,300 State Funds Budgeted $ 937,000 Total Positions Budgeted 58 9. Georgia Women's Correctional Institution Budget: Personal Services $ 766,350 Regular Operating Expenses $ 217,150 Travel $ 2,000 Motor Vehicle Equipment Purchases $ 21,500 Publications and Printing $ 400 Equipment Purchases $ 25,500 Per Diem and Fees $ 4,100 Computer Charges $ 0 Other Contractual Expense $ 2,500 Total Funds Budgeted $ 1,039,500 State Funds Budgeted $ 1,029,500 Total Positions Budgeted 104 10. Ingram Correctional Institution Budget: Personal Services $ 355,000 Regular Operating Expenses $ 305,000 Travel $ 2,000 Motor Vehicle Equipment Purchases $ 20,000 Publications and Printing $ 225 Equipment Purchases $ 10,000 Per Diem and Fees $ 7,500 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 699,725 State Funds Budgeted $ 692,725 Total Positions Budgeted 58 11. West Georgia Community Correctional Institution Budget: Personal Services $ 225,000 Regular Operating Expenses $ 297,000 Travel $ 4,000 Motor Vehicle Equipment Purchases $ 30,000 Publications and Printing $ 1,000 Equipment Purchases $ 536,475 Per Diem and Fees $ 18,000 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 1,111,475 State Funds Budgeted $ 1,111,475 Total Positions Budgeted 150 12. New Youthful Offender Institution Budget: Personal Services $ 1,100,000 Regular Operating Expenses $ 400,000 Travel $ 6,000 Motor Vehicle Equipment Purchases $ 40,000 Publications and Printing $ 500 Equipment Purchases $ 35,000 Per Diem and Fees $ 20,000 Computer Charges $ 0 Other Contractual Expense $ 0 Capital Outlay $ 1,440,000 Total Funds Budgeted $ 3,041,500 State Funds Budgeted $ 3,041,500 Total Positions Budgeted 200

Page 1839

Provided, that of the above appropriation, $3,041,500 is designated and committed for the Glynco Correctional Institution, or such other youthful offender institution as may be designated by a majority of the membership of the Fiscal Affairs Subcommittees of the House and Senate. Provided, further, that these funds shall only be available for expenditure at State-owned facilities. 13. Work Release Center Budget: Personal Services $ 172,000 Regular Operating Expenses $ 147,809 Travel $ 2,200 Motor Vehicle Equipment Purchases $ 5,000 Publications and Printing $ 211 Equipment Purchases $ 5,492 Per Diem and Fees $ 8,500 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 341,212 State Funds Budgeted $ 337,212 Total Positions Budgeted 16 14. Andromeda Center Budget: Personal Services $ 31,000 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 Other Contractual Expense $ 0 Total Funds Budgeted $ 31,000 State Funds Budgeted $ 31,000 15. Impact Centers Budget: Personal Services $ 98,488 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 Other Contractual Expense $ 0 Total Funds Budgeted $ 98,488 State Funds Budgeted $ 98,488 16. Talmadge Memorial Hospital Unit Budget: Personal Services $ 185,000 Regular Operating Expenses $ 45,000 Travel $ 1,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 0 Equipment Purchases $ 0 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 231,500 State Funds Budgeted $ 231,500 Total Positions Budgeted 20 17. Food Processing and Distribution Unit Budget: Personal Services $ 24,500 Regular Operating Expenses $ 10,000 Travel $ 1,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 0 Equipment Purchases $ 0 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 36,000 State Funds Budgeted $ 36,000 Total Positions Budgeted 4 18. Court Costs, Overtime, and Inmate Release Funds Budget: Personal Services Overtime $ 50,000 Regular Operating Expenses $ 0 Travel $ 0 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 0 Equipment Purchases $ 0 Per Diem and Fees $ 0 Court Costs $ 110,000 County Subsidy $ 2,737,500 Computer Charges $ 0 Other Contractual Expense $ 0 Inmate Release Fund $ 383,000 Total Funds Budgeted $ 3,280,500 State Funds Budgeted $ 3,260,500 Total Positions Budgeted 0 19. Pre-release Centers Budget: Personal Services $ 267,000 Regular Operating Expenses $ 131,775 Travel $ 4,500 Motor Vehicle Equipment Purchases $ 7,500 Publications and Printing $ 500 Equipment Purchases $ 128,225 Per Diem and Fees $ 6,000 Computer Charges $ 0 Other Contractual Expense $ 1,500 Total Funds Budgeted $ 547,000 State Funds Budgeted $ 547,000 Total Positions Budgeted 51 Budget Unit Object Classes: Personal Services $ 19,604,658 Regular Operating Expenses $ 10,557,153 Travel $ 68,250 Motor Vehicle Equipment Purchases $ 421,700 Publications and Printing $ 9,869 Equipment Purchases $ 1,402,252 Per Diem and Fees $ 397,275 Computer Charges $ 0 Other Contractual Expense $ 4,000 Court Costs $ 110,000 Authority Lease Rentals $ 840,000 Capital Outlay $ 1,480,000 Inmate Release Fund $ 383,000 County Subsidy $ 2,737,500

Page 1842

Provided, that of the above appropriation relative to Capital Outlay, $ 40,000 is designated and committed for kitchen renovations at Georgia Industrial Institution. Provided, that the Department is hereby authorized and directed to redirect up to $ 350,000 from funds available to the Georgia Building Authority (Penal) for a feed mill and hog project at Georgia State Prison and an abattoir at Georgia Industrial Institute. C. Budget Unit: Department of Offender Rehabilitation $ 5,819,294 1. Probation and Parole Field Supervision Budget: Personal Services $ 332,261 Regular Operating Expenses $ 28,156 Travel $ 10,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 500 Equipment Purchases $ 0 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 370,917 State Funds Budgeted $ 359,917 Total Positions Budgeted 18 2. Probation/Parole Budget: Personal Services $ 4,224,047 Regular Operating Expenses $ 351,010 Travel $ 308,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 1,742 Equipment Purchases $ 50,328 Per Diem and Fees $ 13,250 Computer Charges $ 0 Other Contractual Expense $ 20,000 Total Funds Budgeted $ 4,968,377 State Funds Budgeted $ 4,842,377 Total Positions Budgeted 393 3. Treatment Centers Budget: Personal Services $ 399,942 Regular Operating Expenses $ 218,614 Travel $ 8,340 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 1,873 Equipment Purchases $ 1,007 Per Diem and Fees $ 6,224 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 636,000 State Funds Budgeted $ 617,000 Total Positions Budgeted 41 Budget Unit Object Classes: Personal Services $ 4,956,250 Regular Operating Expenses $ 597,780 Travel $ 326,340 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 4,115 Equipment Purchases $ 51,335 Per Diem and Fees $ 19,474 Computer Charges $ 0 Other Contractual Expense $ 20,000 D. Budget Unit: Board of Pardons and Paroles $ 477,189 Board of Pardons and Paroles Budget: Personal Services $ 460,990 Regular Operating Expenses $ 23,848 Travel $ 19,851 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 1,200 Equipment Purchases $ 1,800 Per Diem and Fees $ 17,200 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 524,889 State Funds Budgeted $ 477,189 Total Positions Budgeted 28 Budget Unit Object Classes: Personal Services $ 460,990 Regular Operating Expenses $ 23,848 Travel $ 19,851 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 1,200 Equipment Purchases $ 1,800 Per Diem and Fees $ 17,200 Computer Charges $ 0 Other Contractual Expense $ 0

Page 1845

Section 31. Department of Public Safety. Budget Unit: Department of Public Safety $ 24,481,572 1. Office of Highway Safety Budget: Personal Services $ 253,847 Regular Operating Expenses $ 22,600 Travel $ 13,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 7,000 Equipment Purchases $ 2,000 Per Diem and Fees $ 1,000 Computer Charges $ 2,000 Other Contractual Expense $ 0 Total Funds Budgeted $ 301,447 State Funds Budgeted $ 0 Total Positions Budgeted 16 2. Commissioner's Office Budget: Personal Services $ 270,000 Regular Operating Expenses $ 48,281 Travel $ 4,690 Motor Vehicle Equipment Purchases $ 5,000 Publications and Printing $ 16,105 Equipment Purchases $ 4,000 Per Diem and Fees $ 3,000 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 351,076 State Funds Budgeted $ 347,204 Total Positions Budgeted 16 3. Staff Services Budget: Personal Services $ 740,505 Regular Operating Expenses $ 1,179,714 Travel $ 2,750 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 25,400 Equipment Purchases $ 11,107 Per Diem and Fees $ 8,550 Computer Charges $ 80,200 Other Contractual Expense $ 0 Total Funds Budgeted $ 2,048,226 State Funds Budgeted $ 2,031,304 Total Positions Budgeted 68 4. Georgia State Patrol Budget: Personal Services $ 16,150,172 Regular Operating Expenses $ 2,039,908 Travel $ 86,748 Motor Vehicle Equipment Purchases $ 845,000 Publications and Printing $ 888,103 Equipment Purchases $ 346,429 Per Diem and Fees $ 88,520 Computer Charges $ 1,175,854 Other Contractual Expense $ 0 Total Funds Budgeted $ 21,620,734 State Funds Budgeted $ 21,140,219 Total Positions Budgeted 1,166 5. Mandate Training Operations Budget: Personal Services $ 144,000 Regular Operating Expenses $ 38,736 Travel $ 6,710 Motor Vehicle Equipment Purchases $ 7,300 Publications and Printing $ 1,623 Equipment Purchases $ 33,495 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 231,864 State Funds Budgeted $ 224,980 Total Positions Budgeted 11 6. Police Academy: Personal Services $ 300,680 Regular Operating Expenses $ 69,903 Travel $ 5,706 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 6,980 Equipment Purchases $ 23,500 Per Diem and Fees $ 47,000 Computer Charges $ 0 Other Contractual Expense $ 0 Capital Outlay $ 370,000 Total Funds Budgeted $ 823,769 State Funds Budgeted $ 737,865 Total Positions Budgeted 18 Budget Unit Object Classes: Personal Services $ 17,859,204 Regular Operating Expenses $ 3,399,142 Travel $ 119,604 Motor Vehicle Equipment Purchases $ 857,300 Publications and Printing $ 945,211 Equipment Purchases $ 420,531 Per Diem and Fees $ 148,070 Computer Charges $ 1,258,054 Other Contractual Expense $ 0 Capital Outlay $ 370,000

Page 1847

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). Provided, that of the above appropriation, $370,000 is designated and committed to renovate and re-roof the Georgia Police Academy.

Page 1848

Section 32. Public School Employees' Retirement System. Budget Unit: Public School Employees' Retirement System $ 8,415,180 Departmental Operations Budget: Payments to Employees' Retirement System $ 137,000 Employer Contributions $ 8,278,180 Total Funds Budgeted $ 8,415,180 State Funds Budgeted $ 8,415,180 Budget Unit Object Classes: Payments to Employees' Retirement System $ 137,000 Employer Contributions $ 8,278,180 Section 33. Public Service Commission. Budget Unit: Public Service Commission $ 2,235,260 1. Administration Budget: Personal Services $ 516,920 Regular Operating Expenses $ 29,932 Travel $ 6,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 1,500 Equipment Purchases $ 2,300 Per Diem and Fees $ 2,000 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 559,152 State Funds Budgeted $ 559,152 Total Positions Budgeted 27 2. Transportation Budget: Personal Services $ 525,472 Regular Operating Expenses $ 99,966 Travel $ 32,500 Motor Vehicle Equipment Purchases $ 3,500 Publications and Printing $ 8,500 Equipment Purchases $ 5,200 Per Diem and Fees $ 3,000 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 678,138 State Funds Budgeted $ 678,138 Total Positions Budgeted 44 3. Utilities Budget: Personal Services $ 771,791 Regular Operating Expenses $ 89,005 Travel $ 40,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 6,000 Equipment Purchases $ 27,000 Per Diem and Fees $ 102,850 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 1,036,646 State Funds Budgeted $ 997,970 Total Positions Budgeted 56 Budget Unit Object Classes: Personal Services $ 1,814,183 Regular Operating Expenses $ 218,903 Travel $ 79,000 Motor Vehicle Equipment Purchases $ 3,500 Publications and Printing $ 16,000 Equipment Purchases $ 34,500 Per Diem and Fees $ 107,850 Computer Charges $ 0 Other Contractual Expense $ 0

Page 1850

Section 34. Regents, University System of Georgia. A. Budget Unit: Resident Instruction and University System Institutions $ 263,513,348 1. Resident Instruction Budget: Personal Services $ 225,266,285 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, Computer Charges, and Other Contractual Expense $ 75,214,500 Teachers' Retirement $ 17,255,715 Capital Outlay $ 8,500,000 Authority Lease Rentals $ 22,686,000 State of Georgia General Obligation Debt Sinking Fund $ 2,000,000 Total Funds Budgeted $ 350,922,500 State Funds Budgeted $ 232,364,390 Total Positions Budgeted 15,900 Provided, that of the above appropriation relative to Capital Outlay, $150,000 is designated and committed for planning of a Cancer Research Center at the Medical College of Georgia. Provided, that of the above appropriation relative to Capital Outlay, $500,000 is designated and committed to purchase equipment for the new Sydenstricker wing at Talmadge Memorial Hospital. Provided, that from appropriated funds in A, the amount of $24,686,000 in F. Y. 1976 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.

Page 1851

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 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 estimates 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 $ 268,500 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, Computer Charges, and Other Contractual Expense $ 121,900 Total Funds Budgeted $ 390,400 State Funds Budgeted $ 378,688 Total Positions Budgeted 23 3. Skidaway Institute of Oceanography Budget: Personal Services $ 803,500 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, Computer Charges, and Other Contractual Expense $ 763,000 Total Funds Budgeted $ 1,566,500 State Funds Budgeted $ 558,235 Total Positions Budgeted 38 4. Engineering Experiment Station Budget: Personal Services $ 6,830,700 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, Computer Charges, and Other Contractual Expense $ 2,254,000 Total Funds Budgeted $ 9,084,700 State Funds Budgeted $ 2,281,440 Total Positions Budgeted 201 5. Engineering Extension Division Budget: Personal Services $ 761,017 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, Computer Charges, and Other Contractual Expense $ 363,257 Total Funds Budgeted $ 1,124,274 State Funds Budgeted $ 400,435 Total Positions Budgeted 66 6. Agricultural Experiment Stations Budget: Personal Services $ 9,898,976 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, Computer Charges, and Other Contractual Expense $ 5,363,745 Total Funds Budgeted $ 15,262,721 State Funds Budgeted $ 9,380,870 Total Positions Budgeted 848

Page 1853

Provided, that of the above appropriation relating to the Agriculture Experiment Stations, $250,000 is intended to meet price increases in agricultural supplies, materials and equipment necessary for research and to improve scientist man-year support. 7. Cooperative Extension Service Budget: Personal Services $ 14,304,624 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, Computer Charges, and Other Contractual Expense $ 2,386,417 Total Funds Budgeted $ 16,691,041 State Funds Budgeted $ 8,278,990 Total Positions Budgeted 953

Page 1854

Provided, that of the above appropriation relating to the Cooperative Extension Service, $120,000 is designated and committed for six specialist and three clerical positions and $100,000 is designated and committed for operational costs of the Cooperative Extension Services. 8. Talmadge Memorial Hospital Budget: Personal Services $ 16,532,779 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, Computer Charges, and Other Contractual Expense $ 5,274,675 Total Funds Budgeted $ 21,807,454 State Funds Budgeted $ 9,870,300 Budget Unit Object Classes: Personal Services $ 274,666,381 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, Computer Charges, and Other Contractual Expense $ 91,741,494 Teachers' Retirement $ 17,255,715 Capital Outlay $ 8,500,000 Authority Lease Rentals $ 22,686,000 State of Georgia General Obligation Debt Sinking Fund $ 2,000,000 B. Budget Unit: Regents Central Office $ 6,438,167 Regents Central Office Budget: Personal Services $ 1,662,400 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, Computer Charges, and Other Contractual Expense $ 390,350 SREB Payments $ 732,000 Medical Scholarships $ 345,000 Regents Scholarships $ 200,000 Grants to Junior Colleges $ 3,170,000 Total Funds Budgeted $ 6,499,750 State Funds Budgeted $ 6,438,167 Total Positions Budgeted 104 Budget Unit Object Classes: Personal Services $ 1,662,400 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, Computer Charges, and Other Contractual Expense $ 390,350 SREB Payments $ 732,000 Medical Scholarships $ 345,000 Regents Scholarships $ 200,000 Grants to Junior Colleges $ 3,170,000

Page 1855

Section 35. Department of Revenue. Budget Unit: Department of Revenue $ 18,277,734 1. Executive Administration Budget: Personal Services $ 459,000 County Tax Officials/Retirement and FICA $ 436,000 Regular Operating Expenses $ 912,172 Travel $ 12,000 Motor Vehicle Equipment Purchases $ 4,000 Publications and Printing $ 165,000 Equipment Purchases $ 4,850 Per Diem and Fees $ 19,800 Computer Charges $ 35,000 Other Contractual Expense $ 0 Total Funds Budgeted $ 2,047,822 Indirect Computer Funding $ 25,000 State Funds Budgeted $ 1,959,108 Total Positions Budgeted 32 2. Internal Administration Budget: Personal Services $ 812,500 Regular Operating Expenses $ 24,740 Travel $ 1,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 6,736 Equipment Purchases $ 24,000 Per Diem and Fees $ 1,000 Computer Charges $ 49,000 Other Contractual Expense $ 0 Total Funds Budgeted $ 919,476 Indirect Computer Funding $ 45,000 State Funds Budgeted $ 835,612 Total Positions Budgeted 70 3. Property Tax Budget: Personal Services $ 800,000 Regular Operating Expenses $ 24,442 Travel $ 44,600 Motor Vehicle Equipment Purchases $ 9,200 Publications and Printing $ 82,000 Equipment Purchases $ 2,775 Per Diem and Fees $ 46,000 Computer Charges $ 1,100,000 Other Contractual Expense $ 0 Loans to Counties/Property Reevaluation $ 201,000 Grants to Counties/Appraisal Staff $ 1,250,000 Intangible Tax Equalization Fund $ 0 Total Funds Budgeted $ 3,560,017 Repayment of Loans to Counties/Property Reevaluation $ 201,000 Indirect Computer Funding $ 1,000,000 State Funds Budgeted $ 2,316,852 Total Positions Budgeted 64

Page 1857

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. 1976. Such amount shall be available for further tax evaluation loans to counties. Provided, that of the above appropriation, no funds are 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. 4. Sales Taxation Budget: Personal Services $ 769,537 Regular Operating Expenses $ 71,252 Travel $ 4,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 53,600 Equipment Purchases $ 7,300 Per Diem and Fees $ 0 Computer Charges $ 310,000 Other Contractual Expense $ 0 Total Funds Budgeted $ 1,215,689 Indirect Computer Funding $ 250,000 State Funds Budgeted $ 931,787 Total Positions Budgeted 75 5. Motor Fuel Taxation Budget: Personal Services $ 347,000 Regular Operating Expenses $ 7,244 Travel $ 2,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 50,000 Equipment Purchases $ 1,755 Per Diem and Fees $ 0 Computer Charges $ 105,000 Other Contractual Expense $ 0 Total Funds Budgeted $ 512,999 Indirect Computer Funding $ 90,000 State Funds Budgeted $ 406,784 Total Positions Budgeted 36 6. Income Taxation Budget: Personal Services $ 1,268,546 Regular Operating Expenses $ 146,733 Travel $ 3,507 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 250,300 Equipment Purchases $ 7,165 Per Diem and Fees $ 0 Computer Charges $ 1,600,000 Other Contractual Expense $ 0 Total Funds Budgeted $ 3,276,251 Indirect Computer Funding $ 1,500,000 State Funds Budgeted $ 1,716,596 Total Positions Budgeted 115 7. Alcohol and Tobacco Taxation Budget: Personal Services $ 1,583,000 Regular Operating Expenses $ 195,508 Travel $ 47,000 Motor Vehicle Equipment Purchases $ 110,400 Publications and Printing $ 13,500 Equipment Purchases $ 3,050 Per Diem and Fees $ 11,200 Computer Charges $ 50,000 Other Contractual Expense $ 0 Total Funds Budgeted $ 2,013,658 State Funds Budgeted $ 1,951,815 Total Positions Budgeted 119 8. Motor Vehicle Registration Budget: Personal Services $ 1,800,000 Regular Operating Expenses $ 241,726 Travel $ 5,212 Motor Vehicle Equipment Purchases $ 13,800 Publications and Printing $ 261,840 Equipment Purchases $ 17,740 Per Diem and Fees $ 300 Computer Charges $ 1,615,000 Other Contractual Expense $ 0 Total Funds Budgeted $ 3,955,618 Indirect Computer Funding $ 1,590,000 State Funds Budgeted $ 2,298,612 Total Positions Budgeted 207 9. Central Audit Budget: Personal Services $ 1,443,886 Regular Operating Expenses $ 30,636 Travel $ 176,614 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 3,000 Equipment Purchases $ 4,400 Per Diem and Fees $ 1,000 Computer Charges $ 3,000 Other Contractual Expense $ 0 Total Funds Budgeted $ 1,662,536 State Funds Budgeted $ 1,610,592 Total Positions Budgeted 94 10. Field Audit Services Budget: Personal Services $ 3,429,907 Regular Operating Expenses $ 156,171 Travel $ 235,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 8,918 Equipment Purchases $ 21,300 Per Diem and Fees $ 2,000 Computer Charges $ 8,000 Other Contractual Expense $ 0 Total Funds Budgeted $ 3,861,296 State Funds Budgeted $ 3,742,976 Total Positions Budgeted 279

Page 1860

Provided, however, that $250,000 of the above appropriation relative to Field Audit Services and Central Audit are designated and committed for increasing the number of auditors employed by twenty-two positions. 11. Motor Vehicle Tag Purchases Budget: Motor Vehicle Tag Purchases $ 87,250 Motor Vehicle Decal Purchases $ 419,750 Total Funds Budgeted $ 507,000 State Funds Budgeted $ 507,000 Total Positions Budgeted 0 Provided, that of the above appropriated amount relating to motor vehicle tag purchases, $87,250 is designated and committed for use in contracting with the Department of Offender Rehabilitation for the production of at least 105,000 regular motor vehicle tags and 20,000 bicentennial tags. Any such contract may provide for partial, advance payment from the Department of Revenue to Georgia Correctional

Page 1861

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. Budget Unit Object Classes: Personal Services $ 12,463,376 County Tax Officials/Retirement and FICA $ 436,000 Regular Operating Expenses $ 1,810,624 Travel $ 531,433 Motor Vehicle Equipment Purchases $ 137,400 Publications and Printing $ 894,894 Equipment Purchases $ 94,335 Per Diem and Fees $ 81,300 Computer Charges $ 4,875,000 Other Contractual Expense $ 0 Loans to Counties/Property Reevaluation $ 325,000 Grants to Counties/Appraisal Staff $ 1,250,000 Motor Vehicle Tag Purchases $ 507,000 Intangible Tax Equalization Fund $ 0 Section 36. Secretary of State. A. Budget Unit: Secretary of State $ 5,852,298 1. Occupational Certification Budget: Personal Services $ 1,226,471 Regular Operating Expenses $ 349,450 Travel $ 120,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 31,000 Equipment Purchases $ 15,000 Per Diem and Fees $ 125,000 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 1,866,921 State Funds Budgeted $ 1,804,577 Total Positions Budgeted 114 2. Securities Regulation Budget: Personal Services $ 208,666 Regular Operating Expenses $ 24,233 Travel $ 5,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 2,000 Equipment Purchases $ 2,100 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 241,999 State Funds Budgeted $ 233,752 Total Positions Budgeted 14 3. Corporations Regulation Budget: Personal Services $ 216,600 Regular Operating Expenses $ 18,020 Travel $ 400 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 3,000 Equipment Purchases $ 2,000 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 50,000 Total Funds Budgeted $ 290,020 State Funds Budgeted $ 280,379 Total Positions Budgeted 20 4. Pharmacy Regulation Budget: Personal Services $ 218,700 Regular Operating Expenses $ 5,215 Travel $ 41,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 200 Equipment Purchases $ 1,300 Per Diem and Fees $ 500 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 266,915 State Funds Budgeted $ 258,664 Total Positions Budgeted 13 5. Archives and Records Budget: Personal Services $ 1,086,000 Regular Operating Expenses $ 108,845 Travel $ 7,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 23,000 Equipment Purchases $ 10,000 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Authority Lease Rentals $ 815,000 Total Funds Budgeted $ 2,049,845 State Funds Budgeted $ 2,008,100 Total Positions Budgeted 89 6. General Services Budget: Personal Services $ 422,666 Regular Operating Expenses $ 54,871 Travel $ 8,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 60,000 Equipment Purchases $ 4,000 Per Diem and Fees $ 2,000 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 552,037 State Funds Budgeted $ 533,596 Total Positions Budgeted 34 7. Internal Administration Budget: Personal Services $ 439,174 Regular Operating Expenses $ 50,977 Travel $ 2,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 80,000 Equipment Purchases $ 4,000 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 576,651 State Funds Budgeted $ 557,471 Total Positions Budgeted 29 8. Bicentennial Commission Budget: Personal Services $ 75,812 Regular Operating Expenses $ 391,905 Travel $ 8,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 15,200 Equipment Purchases $ 1,300 Per Diem and Fees $ 3,000 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 495,217 State Funds Budgeted $ 175,759 Total Positions Budgeted 5 Budget Unit Object Classes: Personal Services $ 3,894,089 Regular Operating Expenses $ 1,003,516 Travel $ 192,400 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 214,400 Equipment Purchases $ 39,700 Per Diem and Fees $ 130,500 Computer Charges $ 0 Other Contractual Expense $ 50,000 Authority Lease Rentals $ 815,000

Page 1865

Provided, that of the above appropriation relating to the Secretary of State, $50,000 of the amount budgeted to the object class Other Contractual Expense in the Corporations Regulation Budget is designated and committed for legal fees for dissolution of defunct corporations. B. Budget Unit: State Building Administrative Board $ 97,594 State Building Administrative Board Budget: Personal Services $ 72,566 Regular Operating Expenses $ 10,000 Travel $ 8,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 5,000 Equipment Purchases $ 3,000 Per Diem and Fees $ 3,500 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 102,066 State Funds Budgeted $ 97,594 Total Positions Budgeted 6 Budget Unit Object Classes: Personal Services $ 72,566 Regular Operating Expenses $ 10,000 Travel $ 8,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 5,000 Equipment Purchases $ 3,000 Per Diem and Fees $ 3,500 Computer Charges $ 0 Other Contractual Expense $ 0

Page 1866

Section 37. State Scholarship Commission. Budget Unit: State Scholarship Commission $ 9,524,679 1. Internal Administration Activity Budget: Personal Services $ 609,616 Regular Operating Expenses $ 128,235 Travel $ 21,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 12,394 Equipment Purchases $ 2,300 Per Diem and Fees $ 3,500 Computer Charges $ 235,000 Other Contractual Expense $ 0 Total Funds Budgeted $ 1,012,545 State Funds Budgeted $ 671,568 Total Positions Budgeted 50 2. Higher Education Assistance Corporation Budget: Payment of Interest $ 214,000 Total Funds Budgeted $ 214,000 State Funds Budgeted $ 89,000 Total Positions Budgeted 0 3. Higher Education Assistance Authority Budget: Direct Guaranteed Loans $ 2,155,500 Freshman $400 Tuition Equalization Grants $ 2,376,611 Sophomore, Junior and Senior $400 Tuition Equalization Grants $ 3,340,000 State Student Incentive Scholarships $ 1,280,000 Total Funds Budgeted $ 9,152,111 State Funds Budgeted $ 8,752,111 Total Positions Budgeted 0 4. Law Enforcement Personnel Dependents Scholarship Program Budget: Law Enforcement Personnel Dependents Scholarships $ 12,000 Total Funds Budgeted $ 12,000 State Funds Budgeted $ 12,000 Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services $ 609,616 Regular Operating Expenses $ 128,235 Travel $ 21,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 12,394 Equipment Purchases $ 2,300 Per Diem and Fees $ 3,500 Computer Charges $ 235,000 Other Contractual Expense $ 0 Payment of Interest $ 214,000 Direct Guaranteed Loans $ 2,155,500 Freshman $400 Tuition Equalization Grants $ 2,376,611 Sophomore, Junior and Senior $400 Tuition Equalization Grants $ 3,340,000 State Student Incentive Scholarships $ 1,280,000 Law Enforcement Personnel Dependents Scholarships $ 12,000

Page 1867

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

Page 1868

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 Law Enforcement Personnel Dependents Scholarships $12,000 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 appropriation $5,716,611 is designated and committed to provide $400 Tuition Equalization Grants to Freshmen, Sophomores, Juniors and Seniors attending private colleges as provided in Ga. Laws 1971, p. 906, as amended. Provided, that the above appropriated amount relative to Student Incentive Scholarships is designated and committed solely for the purpose of providing needs-based scholarships to first-year and to second-year undergraduate students as provided by applicable State and federal law, provided, however, that Georgia veteran students otherwise eligible and qualifying to receive a Student Incentive Scholarship shall have priority and be eligible to receive a scholarship without regard to their undergraduate academic level or classification but such priority for veterans shall only apply to $230,000 of the funds appropriated for Student Incentive Scholarships. Provided, further, that until the Student Incentive Scholarship Program is adequately funded to assist eligible students at all undergraduate levels of study, scholarships shall not be awarded to students for summer term study in institutions of higher education, nor to students for summer period study in other post-secondary educational institutions unless summer period study is part of the typical academic year of such institution.

Page 1869

Section 38. Soil and Water Conservation Committee. Budget Unit: Soil and Water Conservation Committee $ 449,718 Soil and Water Conservation Committee Budget: Personal Services $ 159,181 Regular Operating Expenses $ 44,703 Travel $ 25,400 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 3,355 Equipment Purchases $ 600 Per Diem and Fees $ 98,630 Computer Charges $ 0 Other Contractual Expense $ 136,587 Total Funds Budgeted $ 468,456 State Funds Budgeted $ 449,718 Total Positions Budgeted 11 Budget Unit Object Classes: Personal Services $ 159,181 Regular Operating Expenses $ 44,703 Travel $ 25,400 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 3,355 Equipment Purchases $ 600 Per Diem and Fees $ 98,630 Computer Charges $ 0 Other Contractual Expense $ 136,587 Section 39. Teachers' Retirement System. Budget Unit: Teachers' Retirement System $ 1,965,265 Departmental Operations Budget: Personal Services $ 504,532 Regular Operating Expenses $ 47,390 Travel $ 16,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 12,000 Equipment Purchases $ 6,123 Per Diem and Fees $ 63,250 Computer Charges $ 175,000 Other Contractual Expense $ 0 Employer Contributions $ 985,000 Floor Fund for Local Retirement Systems $ 980,265 Total Funds Budgeted $ 2,789,560 State Funds Budgeted $ 1,965,265 Total Positions Budgeted 40 Budget Unit Object Classes: Personal Services $ 504,532 Regular Operating Expenses $ 47,390 Travel $ 16,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 12,000 Equipment Purchases $ 6,123 Per Diem and Fees $ 63,250 Computer Charges $ 175,000 Other Contractual Expense $ 0 Employer Contributions $ 985,000 Floor Fund for Local Retirement Systems $ 980,265

Page 1870

Provided, that of the above appropriation relative to Employer Contributions, $525,000 is designated and committed for raising to 1.76 the percentage to be used in making the calculations described in Section 2 of S. B. 102 of the 1975 Regular Session of the Georgia General Assembly. Provided, that of the above appropriations relative to Employer Contributions, $460,000 is designated and committed

Page 1871

for reducing the service requirement for voluntary retirement to 30 years as described in Sections 1 and 3 of S. B. 102 of the 1975 Regular Session of the Georgia General Assembly. Section 40. Department of Transportation. Budget Unit: Department of Transportation $ 261,465,704 1. Planning and Construction Budget: Personal Services $ 53,732,968 Regular Operating Expenses $ 4,997,874 Travel $ 1,882,650 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 197,066 Equipment Purchases $ 140,200 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 5,800,854 Capital Outlay $ 170,755,097 State of Georgia General Obligation Debt Sinking Fund $ 8,000,000 Total Funds Budgeted $ 245,506,709 State Funds Budgeted $ 106,736,624 Total Positions Budgeted 3,842 2. Maintenance and Betterments Budget: Personal Services $ 32,674,560 Regular Operating Expenses $ 20,604,337 Travel $ 450,600 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 12,184 Equipment Purchases $ 0 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 900,000 Capital Outlay $ 31,876,977 Total Funds Budgeted $ 86,518,658 State Funds Budgeted $ 86,518,658 Total Positions Budgeted 3,851 3. Authorities Budget: Authority Lease Rentals $ 27,408,889 State of Georgia General Obligation Debt Sinking Fund $ 5,582,775 Total Funds Budgeted $ 32,991,664 State Funds Budgeted $ 32,991,664 4. Facilities and Equipment Budget: Motor Vehicle Equipment Purchases $ 2,372,471 Equipment Purchases $ 1,542,059 Capital Outlay $ 437,000 Total Funds Budgeted $ 4,351,530 State Funds Budgeted $ 3,800,000 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 $ 132,837 Regular Operating Expenses $ 71,639 Travel $ 15,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 15,000 Equipment Purchases $ 0 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 234,476 State Funds Budgeted $ 234,476 Total Positions Budgeted 8 7. Administration Budget: Personal Services $ 5,858,568 Regular Operating Expenses $ 2,608,581 Travel $ 323,678 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 424,475 Equipment Purchases $ 0 Per Diem and Fees $ 11,200 Computer Charges $ 1,389,863 Other Contractual Expense $ 165,200 Total Funds Budgeted $ 10,781,565 State Funds Budgeted $ 10,781,565 Total Positions Budgeted 353

Page 1873

Appropriation of 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 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.

Page 1874

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. 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 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

Page 1875

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 $30,000,000 in principal amount to finance a new program for 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 the appropriation of $8,000,000 for the State of Georgia General Obligation Debt Sinking Fund for annual debt service requirements on General Obligation Debt to finance an amount not to exceed $100,000,000 in principal amount for a new program for advance construction of interstate highway systems. This appropriation shall be from funds other than the motor fuel tax. 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

Page 1876

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. Appropriations for the foregoing activities include an appropriation that shall be utilized for the specific purpose and amounts as shown below: Planning and Construction General Obligation Bond Debt Service for Advance Construction of the Interstate System $ 8,000,000 Geodetic Control $ 380,000 Maintenance and Betterments Resurfacing $ 12,000,000 This appropriation shall be accounted for separately from all other appropriations to the Department of Transportation, and shall be in addition to appropriation of an amount equivalent to motor fuel tax revenue required under Article VII, Section IX, Paragraph IV of the State Constitution. 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 cost-of-living adjustment contemplated in this Act, subject only to approval by the Office of Planning and Budget prior to the effective date of the pay increase authorized in Section 44. 8. Assistance to Municipalities Budget: Grants to Municipalities $ 9,317,000 Total Funds Budgeted $ 9,317,000 State Funds Budgeted $ 9,317,000

Page 1877

For grants to municipalities for Capital Outlay in accordance with an Act approved March 31, 1965 (Ga. L. 1965, p. 458), as amended. 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 $ 307,040 Regular Operating Expenses $ 305,500 Travel $ 7,000 Motor Vehicle Equipment Purchases $ 28,000 Publications and Printing $ 500 Equipment Purchases $ 8,500 Per Diem and Fees $ 1,000 Computer Charges $ 0 Other Contractual Expense $ 0 Total Funds Budgeted $ 657,540 State Funds Budgeted $ 432,540 Total Positions Budgeted 18 10. Inter-Modal Transfer Facilities Budget: Personal Services $ 195,815 Regular Operating Expenses $ 17,449 Travel $ 15,000 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 12,700 Equipment Purchases $ 5,200 Per Diem and Fees $ 0 Computer Charges $ 0 Other Contractual Expense $ 100,000 Capital Outlay $ 150,000 Mass Transit Grants $ 410,000 Total Funds Budgeted $ 906,164 State Funds Budgeted $ 906,164 Total Positions Budgeted 17 11. Harbor Maintenance Budget: Harbor Maintenance Payments $ 430,000 Total Funds Budgeted $ 430,000 State Funds Budgeted $ 430,000 Budget Unit Object Classes: Personal Services $ 92,901,788 Regular Operating Expenses $ 28,605,380 Travel $ 2,693,928 Motor Vehicle Equipment Purchases $ 2,400,471 Publications and Printing $ 661,925 Equipment Purchases $ 1,695,959 Per Diem and Fees $ 12,200 Computer Charges $ 1,389,863 Other Contractual Expense $ 6,966,054 Capital Outlay $ 203,219,074 Mass Transit Grants $ 410,000 Grants to Municipalities $ 9,317,000 Harbor Maintenance Payments $ 430,000 Grants to Counties $ 9,317,013 Authority Lease Rentals $ 27,408,889 State of Georgia General Obligation Debt Sinking Fund $ 13,582,775

Page 1878

For the general administrative expenses of airport development, mass transit planning and development, the promotion

Page 1879

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 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 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 41. Department of Veterans Service. Budget Unit: Department of Veterans Service $ 6,295,103 1. Veterans Assistance Budget: Personal Services $ 1,964,786 Regular Operating Expenses $ 151,800 Travel $ 65,800 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 22,000 Equipment Purchases $ 37,500 Per Diem and Fees $ 10,100 Computer Charges $ 385 Other Contractual Expense $ 0 Grants to Confederate Widows $ 21,152 Total Funds Budgeted $ 2,273,523 State Funds Budgeted $ 1,946,654 Total Positions Budgeted 180 2. Veterans Home and Nursing FacilityMilledgeville Budget: Operating Expenses/Payments to Central State Hospital $ 4,381,565 Other Contractual Expense $ 0 Total Funds Budgeted $ 4,381,565 State Funds Budgeted $ 2,995,295 3. Veterans Nursing HomeAugusta Budget: Operating Expense/Payments to Medical College of Georgia $ 1,737,454 Other Contractual Expense $ 0 Total Funds Budgeted $ 1,737,454 State Funds Budgeted $ 1,353,154 Budget Unit Object Classes: Personal Services $ 1,964,786 Regular Operating Expenses $ 151,800 Travel $ 65,800 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 22,000 Equipment Purchases $ 37,500 Per Diem and Fees $ 10,100 Computer Charges $ 385 Other Contractual Expense $ 0 Grants to Confederate Widows $ 21,152 Operating Expense/Payments to Central State Hospital $ 4,381,565 Operating Expense/Payments to Medical College of Georgia $ 1,737,454

Page 1880

Provided, that of the above appropriation, $29,520 is designated and committed to furnish and equip nine day rooms in the Cabiness Building at Central State Hospital.

Page 1881

Section 42. Workmen's Compensation Board. Budget Unit: Workmen's Compensation Board $ 1,804,616 Departmental Operations Budget: Personal Services $ 1,473,370 Regular Operating Expenses $ 157,746 Travel $ 26,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 13,000 Equipment Purchases $ 15,000 Per Diem and Fees $ 9,000 Computer Charges $ 110,000 Other Contractual Expense $ 0 Total Funds Budgeted $ 1,804,616 State Funds Budgeted $ 1,804,616 Total Positions Budgeted 103 Budget Unit Object Classes: Personal Services $ 1,473,370 Regular Operating Expenses $ 157,746 Travel $ 26,500 Motor Vehicle Equipment Purchases $ 0 Publications and Printing $ 13,000 Equipment Purchases $ 15,000 Per Diem and Fees $ 9,000 Computer Charges $ 110,000 Section 43. In addition to all other appropriations for the fiscal year ending June 30, 1976, there is hereby appropriated to the agencies designated hereinafter the amounts listed for each such agency for communications expense: Supreme Court $ 3,000 Court of Appeals $ 6,827 Department of Administrative Services: a.) Georgia Building Authority $ 4,476 b.) All Other $ 15,937 Department of Agriculture $ 26,227 Department of Audits $ 6,273 Department of Banking and Finance $ 1,388 Department of Community Development $ 22,812 Office of Comptroller General $ 14,288 Department of Defense $ 24,298 Department of Education $ 124,952 Office of the Governor $ 30,966 Forestry Commission $ 9,942 Georgia Motor Vehicle Commission $ 426 General Assembly $ 34,061 Department of Human Resources $ 369,814 Department of Labor $ 13,100 Department of Law $ 18,015 Department of Natural Resources $ 54,871 Department of Offender Rehabilitation $ 54,096 Department of Public Safety $ 107,499 Georgia Bureau of Investigation $ 15,758 Public Service Commission $ 11,985 Regents, University System of Georgia $ 916,822 Department of Revenue $ 75,228 State Scholarship Commission $ 1,389 Secretary of State $ 27,833 Department of Veterans Service $ 7,167 Workmen's Compensation Board $ 5,059

Page 1882

Section 44. 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,

Page 1883

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 as authorized by Act of Georgia General Assembly of 1947 (Ga. L. 1947, p. 1115), by virtue of the said wholesale distributor being engaged in retailing motor fuel. Section 45. 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, 1975, and for each and every fiscal year thereafter, until all payments required under lease contracts have been paid in full, and if for any reason any of the sums herein provided under any other provision of this Act are insufficient in any year to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations. 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 46. 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 1975 session, except as otherwise specified in this Act; provided, however, the Director of the Budget is authorized to make internal transfers

Page 1884

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 of State funds, nor which would require operating funds or capital outlay funds beyond fiscal year 1976, 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 any such allocation until such shall be submitted and approved in the same manner and under the same conditions provided hereinbefore for transfers. Section 47. 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. 1976 submitted to the 1975 Georgia General Assembly. Section 48. The Director of the Budget shall determine the appropriations contained in this Act to which the Federal Revenue Sharing Funds contemplated in this Act shall apply. It is the intent of this General Assembly, however, that to the greatest extent feasible, such Federal Revenue Sharing Funds be applied to capital outlay and other items of a non-recurring nature.

Page 1885

Section 49. 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. Section 50. It is the intent of the General Assembly that the State underfunding of the budget units for which appropriations are herein contained shall be applied to the activity budgets by the Office of Planning and Budget to the following object classes only: Personal Services Regular Operating Expense Travel Motor Vehicle Equipment Purchases Publications and Printing Equipment Purchases Per Diem and Fees Computer Charges Other Contractual Expense TOTAL APPROPRIATIONS F.Y. 1976 $1,841,125,219.62. Section 51. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 52. All laws and parts of laws in conflict with this Act are hereby repealed. 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. Any part, section, or subsection of an Act providing appropriations for the fiscal year 1975-76 known

Page 1886

as the General Appropriations Act, approved April 25, 1975, (H. B. 170, designated Act No. 706), which is inconsistent with this Act is hereby repealed. Repealer. Approved July 3, 1975. CERTAIN MUNICIPALITIESTERM OF MAYOR SPECIFIED. (2,050-2,100). No. 5 (House Bill No. 2). An Act to provide that any person serving as mayor of any incorporated municipality of this State having a population of not less than 2,050 and not more than 2,100, according to the United States Decennial Census of 1970, or any future such census, on July 1, 1975, shall continue to serve for the remainder of the unexpired term of office to which he was elected; to provide that a successor to any such mayor shall be elected at the municipal election immediately preceding the expiration of the term of office of such mayor; 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 provision of any local Act to the contrary notwithstanding, any person serving as mayor of any incorporated municipality of this State having a population of not less than 2,050 and not more than 2,100, according to the United States Decennial Census of 1970, or any future such census, on July 1, 1975, shall continue to serve for the remainder of the unexpired term of office to which he was elected, and a successor to any such mayor shall be elected at the municipal election immediately preceding the expiration of the term of office of such mayor. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date.

Page 1887

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved July 3, 1975. CERTAIN COUNTIESCERTAIN SHERIFF'S PERSONNELSALARIES SUPPLEMENTED. (27,300 - 28,600). No. 6 (House Bill No. 4). An Act to provide for a salary supplement not to exceed $1,000.00 for any deputy, including the chief deputy, and any radio operator of the sheriff in all counties of this State having a population of not less than 27,300 and not more than 28,600 according to the United States Decennial Census of 1970 or any future such census; to provide the procedures connected therewith; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In all counties of this State having a population of not less than 27,300 and not more than 28,600 according to the United States Decennial Census of 1970 or any future such census, any deputy, including the chief deputy, and any radio operator of the sheriff may receive a salary supplement up to $1,000.00 in addition to their regular salary upon agreement by the sheriff and the governing authority in such counties. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved July 3, 1975.

Page 1728

A PROCLAMATION BY HIS EXCELLENCY GOVERNOR GEORGE BUSBEE OF THE STATE OF GEORGIA CONVENING THE GENERAL ASSEMBLY OF GEORGIA IN EXTRAORDINARY SESSION By the Governor: Whereas: It now appears that the income of the State will not be sufficient to meet the budget allotments authorized for the 1976 fiscal year; and Whereas: It now appears that there will be a budget deficit of approximately one hundred and eight million dollars; and Whereas: The economic condition of the State of Georgia has deteriorated since the regular 1975 session of the General Assembly; and Whereas: Such economic condition is of sufficient importance to demand that an extraordinary session be called for the following purposes: (1) to re-enact, repeal, revise or amend the Appropriations Act for the fiscal year beginning July 1, 1975, and ending June 30, 1976; (2) to repeal, amend or revise an Act approved April 24, 1975, designated Act No. 610 (H. B. 1), enacted by the General Assembly during regular session in 1975 which authorized certain tax rebates: (3) to consider the enactment of legislation authorizing budget reductions by the Fiscal Affairs Subcommittees after recommendation by the Governor; (4) to consider the enactment of legislation affecting local government, including municipalities and counties, which the General Assembly deems necessary to avoid unreasonable hardship or to avoid undue impairment of the functions of local political subdivisions or agencies thereof if consideration and enactment thereof be postponed until the 1976 Regular Session of the General Assembly. Now therefore: By virtue of the power and authority conferred upon me by the Constitution of Georgia, Article V, Section I, Paragraph XII, I, George Busbee, Governor of Georgia, do hereby convoke and call a meeting of the General Assembly of this State in extraordinary session at ten o'clock (10:00) A. M., on Monday, June 23, 1975, for the purposes herein specified. Given under my hand and the Great Seal of the State of Georgia, at the City of Atlanta, on this 18th day of June, 1975. /s/ George Busbee Governor By the Governor: /s/ Ben W. Fortson, Jr. Secretary of State

Page 1889

ACTS BY NUMBER Act No. Page 1 3 2 5 3 9 4 11 5 22 6 27 7 2503 8 2506 9 2512 10 2516 11 2518 12 28 13 29 14 2520 15 2522 16 2525 17 2527 18 2530 19 2532 20 2535 21 34 22 35 23 37 24 44 25 2538 26 2542 27 2545 28 2549 29 2551 30 2554 31 2558 32 2560 33 2562 34 2565 35 2569 36 2572 37 2575 38 2579 39 2582 40 2583 41 2599 42 2601 43 2603 44 2605 45 2623 46 45 47 47 48 48 49 52 50 53 51 2630 52 2651 53 2656 54 2659 55 2662 56 2666 57 2677 58 2679 59 2682 60 2685 61 2688 62 2690 63 2692 64 2695 65 2697 66 2699 67 2702 68 2706 69 2708 70 2711 71 2713 72 2715 73 2717 74 65 75 2719 76 2728 77 68 78 2730 79 71 80 76 81 79 82 94 83 2732 84 96 85 97 86 98 87 101 88 2734 89 102 90 107 91 147 92 153 93 154 94 155 95 2736 96 2740 97 2752 98 2760 99 2768 100 2771 101 2774 102 2779 103 2790 104 2793 105 156 106 162 107 2796 108 163 109 181 110 183 111 184 112 2799 113 2806 114 2807 115 185 116 190 117 2812 118 198 119 210 120 212 121 216 122 2814 123 357 124 360 125 2827 126 368 127 369 128 370 129 372 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Page 1895

EXTRAORDINARY SESSION Act No. Page 1 1729 2 1730 3 1732 4 1734 5 1886 6 1887

Page 1896

RESOLUTIONS BY NUMBER Res.No. Page 1 31 2 1666 3 104 4 179 5 2901 6 1668 7 1670 8 1672 9 1673 10 1675 11 1677 12 1680 13 1682 14 1683 15 1684 16 1687 17 1689 18 1690 19 1692 20 1693 21 1695 22 1696 23 1698 24 1700 25 1702 26 1704 27 1705 28 1724 29 4514 30 4515 31 4516 32 4517 33 4518 34 4519 35 4520 36 4521 37 4522 38 4523 39 4524 40 4525 41 4526 42 925 43 927 44 4531 45 1327 46 1329 47 1487 48 1489 49 1492 50 1496 51 1498 52 1501 53 4538 54 4539 55 1511 56 1520 57 1525 58 1532 59 1536 60 1538 61 1555 62 1558 63 1566 64 1572 65 4540 66 1575 67 1577 68 1580 69 1588 70 4542 71 1591 72 1594 73 1600 74 4545 75 1602 76 1605 77 1607 78 1609 79 1610 80 1612 81 1613 82 1616 83 1617 84 4546 85 4547 86 1621 87 1627 88 1630

Page 1897

VETOES 1975-1976 Session Veto No. Bill No. Subject Veto Date Act 1 HB 976 Town of Brooks, Mayor and Council, Numbering Posts 3-24-75 Act 2 HB 993 City of Ft. Mountain, Create a Charter 3-25-75 Act 3 HB 53 Create State Boxing Commission 4-28-75 Act 4 HB 203 Persons Authorized to Prescribe Drugs 4-28-75 Act 5 HB 237 State Employees Holding Office in City Less than 1,500 4-28-75 Act 6 HB 259 Employees Retirement System: Benefits Dept. of Revenue 4-28-75 Act 7 HB 290 City of Atlanta Firemen: Increase Pension 4-28-75 Act 8 HB 361 McDuffie County: Sheriff Housing Utility Expenses 4-28-75 Act 9 HB 376 Motor Contract Common Carriers: PSC Jurisdiction 4-28-75 Act 10 HB 382 Bingo-Nonprofit Game: Definitions 4-28-75 Act 11 HB 477 Mentally Ill: Hospitalized: Judicial or by Physician 4-28-75 Act 12 HB 709 Motor Vehicle Dealers: Additional Franchises 4-28-75 Act 13 HB 847 Professional Sanitarians: Education Requirements 4-28-75 Act 14 HB 859 Juvenile Courts: Keep Separate From Adults 4-28-75 Act 15 HB 940 Electrical Contractors: License W/O Examination 4-28-75 Act 16 HB 945 City of Smyrna: Tax Assessing Authorities 4-28-75 Act 17 SB 1 Motorized Bicycle: Registration Licensing 4-28-75 Act 18 SB 2 Motorized Bicycle: Exempt Inspection 4-28-75 Act 19 SB 59 Probate Court Ret: Sect'y Treas. Board of Commissioners 4-28-75 Act 20 SB 72 Marriage Family Counselor Lic. Board 4-28-75 Act 21 SB 160 MARTA: Membership of The Board of Directors 4-28-75 Act 22 SB 240 Create Douglas Judicial Circuit 4-28-75 Act 23 SB 351 Loans-Secured by Residential Property: Interest Charges 4-28-75 Act 24 SB 361 Motor Vehicles Operators: Financial Responsibility 4-28-75

Page 1899

COUNTIES AND SUPERIOR COURT CIRCUITS

Page 1900

APELLATE COURTS SUPREME COURT OF GEORGIA H. E. NICHOLS Chief Justice HIRAM K. UNDERCOFLER Presiding Justice WILLIAM B. GUNTER Associate Justice ROBERT H. JORDAN Associate Justice G. CONLEY INGRAM Associate Justice ROBERT H. HALL Associate Justice HAROLD N. HILL, JR. Associate Justice BEN G. ESTES Law Assistant MRS. EFFIE A. MAHAN Law Assistant JOHN A. SIBLEY, III Law Assistant S. ERNEST VANDIVER III Law Assistant JOHN P. McNAUGHTON Law Assistant MISS ROSEMARY KITTRELL Law Assistant MRS. MARGARET WARE DEIMLING 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 CHARLES A. PANNELL, SR. Presiding Judge BRASWELL D. DEEN, JR. Presiding Judge J. KELLEY QUILLIAN Judge RANDALL EVANS, JR. Judge H. SOL CLARK Judge IRWIN W. STOLZ, JR. Judge JULIAN WEBB Judge THOMAS O. MARSHALL 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 STEVEN SCHAIKEWIETZ Law Assistant CHARLES N. HOOPER Law Assistant JULIAN H. STEWART Law Assistant BURGESS W. STONE 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

Page 1901

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 November. CookFirst Monday in February October. LanierSecond Monday in January September. ALCOVY DISTRICT. HON. THOMAS W. RIDGWAY, Judge, P.O. Box 166, Monroe. JOHN T. STRAUSS, D.A., 2153 Thompson Ave., Covington. NewtonSecond third Mondays in January, April, July October. WaltonThird Monday in February, May, August 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, JOEL J. FRYER, Judges, Courthouse, Atlanta. LEWIS R. SLATON, D.A., Courthouse, Atlanta. FultonFirst Monday in January, March, May, July, September 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 October. LibertyThird Monday in February September. LongFirst Monday in March; third Monday in August. McIntoshFourth Monday in February May; second Monday in September; first Monday in December. TattnallThird Monday in April October.

Page 1902

AUGUSTA CIRCUIT. HONS. JOHN F. HARDIN, WILLIAM M. FLEMING, JR., EDWIN D. FULCHER, FRANKLIN H. PIERCE, Judges, Augusta. RICHARD E. ALLEN, D. A., Augusta. BurkeSecond Monday in May November. ColumbiaFourth Monday in March September. RichmondThird Monday in January, March, May, July, September 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; first Monday in December. ForsythFourth Monday in March 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 third Mondays in February; third fourth Mondays in October. CamdenFirst Monday in April November; third Monday in June. GlynnSecond Monday in January, May September. Jeff DavisFirst second Mondays in March, June December; fourth Monday in September; first Monday in October. WayneThird fourth Mondays in April November; fourth Monday in January June.

Page 1903

CHATTAHOOCHEE CIRCUIT. HONS J. ALVAN DAVIS, Presiding Judge, Courthouse, Columbus. JOHN H. LAND, Judge, RFD, Whitesville Rd., Columbus. OSCAR D. SMITH, JR., Judge, Columbus. E. MULLINS WHISNANT, D. A., Hamilton. ChattahoocheeFourth Monday in March September. HarrisSecond Monday in January, May September. MarionFourth Monday in April October. MuscogeeFirst Monday in February, April, June, August, October December. TalbotSecond Monday in March November; third Monday in August. TaylorFirst second Mondays in January July. CHEROKEE CIRCUIT. HON. JEFFERSON L. DAVIS, Judge, P.O. Box 128, Cartersville. DAVID N. VAUGHAN, JR., D.A., P.O. Box 534, Cartersville. BartowFirst Monday in February August; fourth Monday in April October. GordonFirst Monday in March 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 November. COBB CIRCUIT. HONS. HOWELL COBB RAVAN, LUTHER C. HAMES, JR., JAMES L. BULLARD, Judges, Marietta. GEORGE W. (BUDDY) DARDEN, D.A., Marietta. CobbSecond Monday in January, March, May, July, September November.

Page 1904

CONASAUGA CIRCUIT. HONS. ROBERT VINING, JR., Senior Judge, Dalton. COY H. TEMPLES, Judge, Dalton. SAM BRANTLEY, D.A., Dalton. MurraySecond Monday in February October; fourth Monday in May; first Monday in August. WhitfieldSecond Monday in January, July September; first Monday in March, May November. CORDELE CIRCUIT. HON. WILLIAM LEROY McMURRAY, JR., Judge, P.O. Box 555, Cordele. D. E. TURK, D.A., Abbeville. Ben HillSecond third Mondays in January July; first second Mondays in April October. CrispFourth Monday the Mondays following in January July; third fourth Mondays in April October. DoolyThird fourth Mondays in February; second third Mondays in May, August November. WilcoxFirst second Mondays in March; fourth Monday the Monday following in June November. COWETA CIRCUIT. HONS. LAMAR KNIGHT, Senior Judge, P.O. Box 315, Carrollton. JOSEPH C. JACKSON, Judge, LaGrange. ELDRIDGE W. FLEMING, D.A., Hogansville. CarrollFirst Monday in April October. CowetaFirst Monday in March; first Tuesday in September. HeardThird Monday in March September. MeriwetherThird Monday in February, May, August November. TroupFirst Monday in February, May, August November. DOUGHERTY CIRCUIT. HONS. ASA D. KELLY, JR., Chief Judge, Courthouse, Albany. LEONARD FARKAS, Judge, Albany. WILLIAM S. (BILLY) LEE, D.A., Albany. DoughertySecond Monday in January, March, May, July, September November.

Page 1905

DUBLIN CIRCUIT. HON. W. H. (BILL) WHITE, Judge, Dublin. BEVERLY B. HAYES, JR., D.A., Dublin. JohnsonThird Monday in March, June, September December. LaurensFourth Monday in January, April, July October. TreutlenThird Monday in February August. TwiggsSecond Monday in January, April, July 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 December. FLINT CIRCUIT. HON. HUGH D. SOSEBEE, Judge, Forsyth. EDWARD E. McGARITY, D.A., P.O. Box 471, McDonough. ButtsFirst second Mondays in February November; first Monday in May; third fourth Mondays in August. HenrySecond, third fourth Mondays in January, April, July October. LamarFirst second Mondays in March, June December; second third Mondays in September. MonroeThird fourth Mondays in February, May November; first second Mondays in August. GRIFFIN CIRCUIT. HON. ANDREW J. WHALEN, JR., Judge, Griffin. BEN J. MILLER, D.A., Thomaston. FayetteFirst second Mondays in March; second third Mondays in September. PikeThird fourth Mondays in April November. SpaldingFirst second Mondays in February October; third fourth Mondays in June. UpsonThird fourth Mondays in March August; first second Mondays in November.

Page 1906

GWINNETT CIRCUIT. HONS. CHAS. C. PITTARD, DULUTH; REID MERRITT, P.O. Box 352, Lawrenceville, Judges. WILLIAM BRYANT HUFF, D.A., 256 Crogan St., Lawrenceville. GwinnettFirst Monday in January, March, May, July November; second Monday in September. HOUSTON CIRCUIT. HON. WILLIS B. HUNT, JR., Judge, Perry. STEPHEN PACE, JR., D.A., Perry. HoustonFirst Monday in January, March, May, July, September 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 August. DadeFirst Monday in April; second Monday in October. WalkerFirst Monday in May November. MACON CIRCUIT. HONS. HAL BELL, C. CLOUD MORGAN, Judges, Macon; GEORGE B. CULPEPPER, III, Judge, Fort Valley. FRED M. HASTY, D.A., Macon. BibbFirst Monday in February, April, June, August, October December. CrawfordThird fourth Mondays in March October. PeachFirst second Mondays in March August; third fourth Mondays in November.

Page 1907

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 January; fourth Monday in April; first Monday in August. RabunThird Monday in February; fourth Monday in May; fourth Monday in October. StephensSecond Monday in January; third Monday in May; first Monday in September. TownsFourth Monday in February; second Monday in September. UnionFirst Monday in April; first Monday in November. 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.

Page 1908

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. FranklinFourth Monday in March; first Monday in August; third Monday in October. 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.

Page 1909

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; first 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., RFD 1, Bluffton. 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. ROYAL, JOHN A. FRAZIER, Judges, Rome. LARRY SALMON, D. A., Rome. FloydSecond Monday in January, March, July and September; first Monday in May and November.

Page 1910

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. BooksFirst 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. WILLIAM F. BLANKS, Judge, Montezuma. 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, 303 Courthouse, Decatur; TOM MORRIS ALLEN, Decatur; RAY C. NORVELL, Dunwoody, Judges. RICHARD BELL, D. A., 794 Allgood Rd., Rt. 5, Stone Mountain. DeKalbFirst Monday in January, March, May, July, September, and November. RockdaleFirst Monday in February, May, August and November.

Page 1911

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.

Page 1912

WAYCROSS CIRCUIT. HON. BEN A. HODGES, Senior Judge, Waycross. ELIE L. HALTON, Judge, Douglas. 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., 193 Hancock Ave., Athens. ClarkeSecond Monday in January, April, July and October. OconeeFourth Monday in January and July.

Page 1913

TABULAR INDEX PROPOSED AMENDMENTS TO THE CONSTITUTION Athens (Downtown) Development Authority established 1698 Auburn, Town of; homestead exemption provided 1680 Board of Corrections; substituted for Board of Offender Rehabilitation 1696 Board of Offender Rehabilitation, substituted for Board of Corrections 1696 Chattooga County; certain disposition of fees from Board of Education provided 1672 Corporations, charters; Secretary of State authorized to grant certain 1689 Counties; certain sinking fund investments authorized 1673 Counties, Federal community disaster loans authorized 1670 Coweta County; board of education, certain contracts authorized 1692 Coweta County; certain exemptions from ad valorem taxation provided 1700 Coweta County; justice of the peace courts abolished, etc. 1704 Crisp County; certain bond issuance authorized 1693 DeKalb County; certain garbage, etc., contracts authorized 1695 Douglas County; recall of certain county officers provided 1677 Downtown Athens Development Authority; established 1698 Downtown Newnan Development Authority; established provided 1675 East Point; business and industrial development authority created 1705 Indemnification; program for certain officers provided 1683 Lowndes County; certain historical interest real property exempted from certain ad valorem taxation 1702 Municipalities; certain sinking fund investments authorized 1673 Municipalities; Federal community disaster loans authorized 1670 Muscogee County, etc.; certain incentives provided for industrial development 1724 Newton County; tax payment time changed, etc. 1684 Outdoor advertising and Junkyard Zoning, certain 1668 Peach County; justices of peace, jurisdiction increased 1690 Perry, City of; homestead exemption provisions changed 1687 Political subdivisions, certain sinking fund investments authorized 1673 Political subdivisions, Federal community disaster loans authorized 1670 Savings and Loan Associations; certain political subdivisions investments in; authorized 1673 Sheriffs; minimum qualifications provided 1682 State Personnel Board; new, created 1666

Page 1914

CODE SECTIONS 9-9903AmendedAttorneys, unlawful practice, penalty increased 755 13-203AmendedCertain branch banking in adjacent counties provided (400,000 or more) 474 13-203.1AmendedBranch banks established 473 13-203.2AmendedAutomated bank teller facilities, certain installations authorized, etc. 475 15-3ChapterAmendedRetrocession of jurisdiction of land from U.S., authorization for 1301 20-2021EnactedMasturbation for hire prohibition, etc. 402 22TitleAmendedCorporations, late filing penalty, certain, reduced 778 23-305EnactedCounty line provisions changed, etc. 394 23-1705 (3)AmendedPublic contracts, performance bonds, maximum contract amount changed 810 23-24RepealedRelief to Confederate soldiers 688 24-1704AmendedProbate courts, judge, bond increased 922 24-2713AmendedSuperior court clerks, bonds increased 923 24-2727AEnactedSuperior court clerks, cost changes, etc. (600,000 or more) 1150 24-2805AmendedSheriff's bonds increased 921 24-3103RepealedCourt reporters fees, etc. 852 24A-2304RepealedAllowing commitment of certain children to Department of Corrections 184 26-1704AmendedBad check issuance, defined, etc. 482 26-1802AmendedShoplifting, criminal intent specified 876 26-2101AmendedObscene material provisions changed, etc. 498 26-2306Amendedpublic officers and employees, sales to political subdivisions, amounts of changed 854 26-2313EnactedWitnesses, certain influencing of prohibited 34 26-27ChapterAmendedGambling, certain advertisements prohibited, etc. 1072 26-9910EnactedSmoking in certain public places prohibited 45 27-207AmendedLawful arrest, degree of force used to effectuate certain, provided, etc. 1209 32-171EnactedUniversity system, Board of Regents, Ga. and U.S. history courses required 1140 32-903.2EnactedCounty boards of educationmember qualifications provided (400,000-500,000) 828 32-942AmendedEducation, extracurricular activities, funds authorized, etc. 94 34TitleAmendedElections, closing of registration list at certain time, etc. 803 34807AmendedSpecial elections authorized at general elections 808 34-10AmendedElections, certain judicial officers, certain nonpartisan elections authorized 1251

Page 1915

34-10AmendedElections, qualifying with more than one party, prohibited, etc. 686 34-1005AmendedElections, primary date fixed 575 34-1010AmendedElections, nomination petition provisions changed 861 34-10AAmendedPresidential preference primary act amended 1223 , 1249 34-1313AmendedElections, firearms prohibited at polling places except by certain peace officers 807 34-1505AmendedElections, automatic recount provided, certain 806 34-1513AmendedElections, certain candidates not eligible for write-in candidacy in run-off 867 34A-706EnactedElections, provisions made for holding municipal primaries at general election 872 34A-906Georgia Municipal Code Amended 686 34A-1204AmendedElections, certain cities, poll closing time changed (300,000 or more) 769 34A-13AmendedElections, municipal, absentee ballots required, etc. 888 36-606AmendedEminent domain, fee simple interest authorized (County containing city of 250,000 or more) 1148 39-1105AmendedLegal advertisements, fees changed 52 40-1602AmendedAttorney general, duties clarified, etc. 882 40-19ChapterAmendedPurchase of goods, etc., from Director of Corrections, provisions clarified 488 40-19ChapterAmendedState employees bonds, beneficiaries provided 672 41ATitleAmendedFinancial institutions code amended 445 46TitleAmendedGarnishment affidavit, certain provided 1291 47-107AmendedGeneral AssemblyAdministrative floor leader, compensation changed, etc. 155 50-127AmendedHabeas corpus act amended 1143 53-206AmendedMarriage licensedriver's license authorized for age verification 1298 53-314RepealedHusband-wife, acts repealed requiring certain prosecutions 815 53-315RepealedHusband-wife, acts repealed requiring certain prosecutions 815 54-108-54-115RepealedWorkmen's Compensation Board, certain organizational sections 198 54-117AmendedDepartment of labor employees, travel expenses authorized 198 54-121RepealedWorkmen's Compensation Board, certain organizational sections 198 54-137-54-141RepealedWorkmen's Compensation Board, certain organizational sections 198 54-9910AmendedCommissioner of Laborperjury penalty provided 198

Page 1916

54-9911RepealedWorkmen's Compensation Board, certain organizational sections 198 56-214AmendedInsurance agents, probation authorized, etc. 1245 56-407AAmendedUninsured motorist coverages, provisions changed, etc. 1221 56-5ChapterCasualty insurance, apportionment of, certain, provided, etc. 1192 56-1103Nonresident insurance adjusters, licensing provided, etc. 1232 56-24ChapterAmended, industrial and commercialcancellation time limit provisions changed 1242 56-2442EnactedGroup policies of accident and sickness insurance, certain coordination of benefits prohibited 443 56-3009AmendedInsurance, renewal premiums, accident and sickness policies, certain circumstances for inapplicability provided 415 56-3111EnactedApplied psychologist provisions, insurance, changed, etc. 576 56-34ChapterAmendedHolding company systems, additional standards provided, etc. 1238 56-35ChapterEnactedLegal services, prepaid plans authorized 1268 57-101AmendedContract interest rate changed 370 59-101AmendedJury Commissioners, appointment provisions changed 826 57-101.1AmendedInterest, certain real estate loans, calculation of, changed 153 59-108Jurors, mechanical selection provided, etc. 825 59-112AmendedWomen, juries, provisions, changed, etc 779 59-120AmendedBailiffs, compensation changed 684 59-203AmendedGrand Jurors, maximum number drawn, changed 809 59-6BChapterAmendedGrand juries, certain subpoena powers granted (400,000-600,000) 48 59-7AmendedJuries of 6, certain authorized 1331 61-4ChapterAmendedDistress warrants, new sections 1514 66-103AmendedDeceased employees, wage payments to survivors, amount increased 1191 67-7Mortgage foreclosure on personalty, provision deleted 1213 67-1301.1EnactedDeeds to secure debt, transfer fee authorized, etc. 370 68TitleAmendedMotor contract carriers, motor common carriers, provisions changed 836 68-502AmendedMotor contract carriers act, certain exemptions made 1190 68ATitleAmendedMotor vehicles, speed restrictions provided, etc. 1582 68A-202AmendedTraffic may turn right on certain red light 496

Page 1917

68A1002AmendedMotor vehicles, controlled access highways, removal after stoppage 1286 68A-1106AmendedTowed house trailer, riding in prohibited 1202 68BTitleEnactedDriver's Licensing act 1008 72-301AmendedMasturbation for hire prohibited, etc. 402 79-207AmendedWomen, juries, provisions changed, etc. 779 79A-402AmendedPharmacistsapplicant qualifications changed 97 79A-703AmendedDangerous drugs, Manufacturer authorized to give practitioner on certain conditions, etc. 690 79A-811AmendedMarijuana, certain distribution of, prohibited, etc. 1112 79A-828AmendedMarijuana conveyance forfeiture provided 919 79A-1009.1EnactedLabeling of certain drug required 691 84TitleAmendedProfessional engineers and land surveyors act 1048 84-1ChapterAmendedJoint-Secretary, State Examining Boards, certain authorizations provided, etc. 412 84-3AEnactedAuctioneering regulated 53 84-5ChapterAmendedChiropractic examiners, license fees changed, etc. 714 84-10AmendedNursing, practice of, new provisions 501 84-20RepealedConfederate soldiers, peddlers' rights repealed 689 84-21AEnactedGeologist Registration Act 163 85-4ChapterAmended; adverse possession of certain classes of property provided 725 88-3EnactedHealth inspection warrants provided 693 88-508.2AmendedIncompetency hearings, expenses changed 719 88-9ChapterAmendedAir quality control act amended 1522 88-17ChapterAmendedDeath, determination criteria, provided 1629 88-17ChapterAmendedVital records, provisions changed 1179 88-1721Birth certificates, procedure for certain changes provided, etc. 855 88-1824EnactedHospital AuthoritiesState grants to, authorized 777 88-29ChapterAmendedMentally ill, care and treatment of, consent provisions changed, etc. 704 88-31AmendedAmbulance insurance, condition precedent to license 916 89-418AmendedPublic officers, bonds, indemnification provisions changed 1089 89-811county school funds, federal savings loan institutions, depositories authorized, etc. 696

Page 1918

89-9908Public officers, unsworn statement to grand jury, right abolished 1325 90.2ChapterAmendedState library, provisions changed 741 91-1AAmendedState properties code 1092 91-1126RepealedPublic utilities, certain use law repealed 29 92TitleAmendedCounties and municipalities, tax notices, certain information for inclusion on provided, etc. 1083 92TitleAmendedUnpaid taxes, date when interest commences changed, etc. 1252 92-1403AmendedMotor fuel tax law amended, certain exemptions for nonhighway use changed 414 92-1417AmendedMotor fuel tax exemptions provided 873 92-24AmendedTaxation of banking shares provided, etc. 147 92-3002AmendedNonresident defined for income tax purposes 858 92-3107AmendedNet income defined, etc. 843 92-3108AmendedNet income defined, etc. 843 92-3201AmendedIncome tax, definition of who must filed provided 859 92-3303AmendedFederal tax corrections, time for filing for Ga. assessment or refunds reduced 862 92-39AEnactedTaxes, etc., refund of overpayments authorized, etc. 774 92-5001AmendedUnpaid taxes, interest rate on changed 835 92-5702AmendedFair market value for taxation, meaning of provided 96 92-6201AmendedTax returns, time for making, changed (15,000-15,500) 526 92-6202.1AmendedAutomatic return of property for taxation provided, etc. (municipalities of 15,000 in counties of 59,000-60,000) 701 92-6402AmendedCounty taxes, installment payment date changed (350,000-600,000) 1085 92-6912AmendedCounty board of equalization, member selection changed, etc. 1090 92-7601AmendedTax executions, interest, maximum rate provided 811 92-8411AmendedTax liens, under certain circumstances, property may be released 423 93-3AmendedPublic Service Commission, operations amended, etc. 404 99-309.3AmendedElectric, gas, water service, certain billings for, provided, etc. 574 93-3AEnactedConsumers' Utility Counsel, office created 372 95A-302AmendedRoads, Rapid Transit Authorities, etc., certain occupation by, provided for 98 95A-306AmendedBoard of transportationcommission of members, great seal of State to be affixed 833 95A-310AmendedCommissioner of Transportation, etc., service as State Highway Engineer authorized 102

Page 1919

95A-605AmendedRoads, condemnation provisions changed 812 95A-802AmendedPublic transportation code amended 1159 95A-959AmendedRoads, maximum loads on certain vehicles changed 68 95A-960AmendedRoads, enforcement of load limitation provisions changed 1154 95A-961AmendedRoads, excess weight provisions amended, portable buildings 400 99-36ChapterAmendedResidential finance authority, name change, etc. 1651 101.1ChapterAmendedState library, provisions changed 741 101.2ChapterAmendedState library, provisions changed 741 113-602AmendedWills, probate in solemn form changed 764 113-1508AmendedFuneral expenses made claim against estate of decedent 711 114TitleAmendedWorkmen's Compensation Act amended 190 , 198 114TitleAmendedWorkmen's Compensation Act to cover certain health agencies 1231 COURTS SUPERIOR COURTS Atlanta circuit; Assistant district attorney, salary provisions 526 Bacon; clerk, placed on salary 3328 Bailiffs; compensation of, changed 684 Baldwin; court reporters, expense allowance provided 1303 Banks; clerk placed on salary, etc. 2793 Bibb; grand jury provisions changed 4020 Bleckley; clerk, salary of clerical assistants changed 4384 Brantley; clerk, etc., salary increased 3920 Brooks; additional judge provided 185 Butts; additional judge provided, etc. 760 Camden; clerk, etc., salary increased 4138 Candler; clerk's personnel, salary changes 3839 Catoosa; clerk, salary changed, etc. 2856 Catoosa; court reporter, salary changed 534 Charlton; clerk, salary changed 3946 Chattooga; court reporter, salary changed 534 Clerks, bonds increased 923 Clerks, cost changes, etc. (600,000 or more) 1150 Cobb; assistant district attorneys, provisions changed 1321 Cobb; clerk, etc., salary changes 4459 Cobb; investigator, salary changed 1323 Cobb circuit; assistant district attorneys, provisions changed 1321 Cobb circuit; court reporters', salaries changed 1563 Cobb circuit; investigator, salary changed 1323

Page 1920

Coffee; clerk, personnel salary changes 4140 Colquitt; additional judge provided 185 Court reporters' fees, judicial council to fix 852 Dade; court reporter, salary changed 534 Dade; deputy clerk, salary changed 3230 District attorneys, assistant, certain payment of certain expenses provided 821 District attorneys, certain assistant, salaries changed (54,500-58,000) 1111 Dodge; clerk, etc., salary changed 4444 Dougherty circuit; Books authorized 1575 Douglas; assistant district attorney, office created 437 Echols; additional judge provided 185 Evans; terms changed 4649 Flint circuit; additional judge provided, etc. 760 Gilmer; clerk placed on salary 4386 Gordon; clerk, etc., salary changed 2711 Greene; court reporters, expense allowance provided 1303 Habersham; certain terms of court changed 729 Hancock; court reporters, expense allowance provided 1303 Haralson; assistant district attorney, office created 437 Henry; additional judge provided, etc. 760 Jasper; court reporters, expense allowance provided 1303 Jefferson; clerk placed on salary 3612 Jones; court reporters, expense allowance provided 1303 Judges, nonpartisan elections, certain, authorized 1251 Juries of six, certain, authorized 1331 Jurors, mechanical selection provided, etc. 825 Jury commissioners, appointment provisions changed 826 Lamar; additional judge provided, etc. 760 Long; clerk placed on salary 4028 Lookout circuit; court reporter, salary changed 534 Lowndes; additional judge provided 185 McIntosh; clerk, assistant to, salary changed 3932 Meriwether; clerk, salary changed, etc. 2520 Miller; clerk, placed on salary, etc. 2545 Miller; clerk, relieved of certain duties, etc. 2542 Miller; terms changed 4511 Monroe; additional judge provided, etc. 760 Morgan; clerk, etc., salary changes 2682 Morgan; court reporters, expense allowance provided 1303 Mountain circuit; certain terms of court changed 729 Newton; public defender, office abolished 2699 Ocmulgee circuit; court reporters, expense allowance provided 1303 Paulding; assistant district attorney, office created 437 Peach; clerk, budget disputes, arbitration provisions changed 3374 Pickens; clerk placed on salary 3697 Polk; assistant district attorney, office created 437 Putnam; court reporters, expense allowance provided 1303

Page 1921

Rabun; certain terms of court changed 729 Rockdale; clerk, etc., salary changes, etc. 2697 Rockdale; public defender, office abolished 2699 Rockdale; public defender provided 2685 Secretaries, classified, etc. 1506 Seminole; clerk's personnel, salary changes 4211 Southern circuit; additional judge provided 185 Stephens; certain terms of court changed 729 Tallapoosa circuit; assistant district attorney, office created 437 Tattnall; clerk, personnel, salaries changes 3303 Thomas; additional judge provided 185 Towns; certain terms of court changed 729 Union; certain terms of court changed 729 Walker; court reporter, salary changed 534 Wilkinson; court reporters, expense allowance provided 1303 CITY COURTS Clerks, bonds increased 925 Juries of 6, certain, authorized 1331 CIVIL COURTS Clerks, bonds increased 925 Decatur; judge, solicitor, salaries changed 3454 Fulton; appeal provisions changed 3761 Fulton; cost deposit changed 4651 Fulton; judges and solicitor-general, retirement act amended 3181 CRIMINAL COURTS Clerks, bonds increased 925 Decatur; judge, solicitor, salaries changed 3454 Fulton; criminal court, solicitors salaries fixed 2812 Fulton; director of traffic violations bureau, etc., salary changes 3185 Fulton; judges and solicitor-general, retirement act amended 3181 MUNICIPAL COURTS Clerks, bonds increased 925 JUVENILE COURTS Cobb; judge, salary changed 4451 Fulton; judges and solicitor-general, retirement act amended 3181 Judge, compensation act repealed, certain 4511

Page 1922

STATE COURTS Appling; judge, salary changed, etc. 4487 Candler; judge, salary changed, etc. 3831 Clayton; judge, salary changed, etc. 2708 Clerks, bonds increased 925 Cobb; assistant solicitors, salaries changed 2730 Cobb; clerk, salary changed 4455 Cobb; solicitor, etc., duties required 4498 Cobb; solicitor, salary changed 4501 DeKalb; investigators provided, etc. 2728 Early; judge, salary changed 2530 Effingham; judge, salary changed 3322 Houston; created, etc. 2584 Jefferson; judge, salary changed, etc. 3615 Judges, salaries provided (6,513-6,600) 4532 Laurens; secretary provided 4447 Liberty; judge, salary changed, etc. 3786 Lowndes; judge, compensation changed, etc. 2569 Miller; solicitor placed on salary 2549 Richmond; ordinance enforcement provided 3867 Thomas; judge, salary changed, etc. 3345 Washington; juror selection, changed, etc. 4018

Page 1923

COUNTIES AND COUNTY MATTERS NAMED COUNTIES Appling; state court, judge, salary changed, etc. 4487 Appling; tax commissioner, office created 4199 Appling, water authority act 2605 Atkinson; sheriff, salary changed 2734 Bacon; sheriff, etc., salary changes 4294 Bacon; superior court clerk placed on salary 3328 Baker; tax commissioner, office created, etc., referendum 2662 Baker; treasurer, office abolished, etc., referendum 2659 Baldwin; land conveyance authorized 1577 Baldwin; superior court, reporters, expense allowance provided 1303 Baldwin; tax commissioner, office created, etc. 2774 Banks; superior court clerk, placed on salary, etc. 2793 Ben Hill; Board of commissioners, administrative officer provided, etc. 2503 Berrien; conveyance of land to authorized 1489 , 1492 Berrien; school superintendent, appointment provided, referendum 2525 , 3388 Bibb; grand jury provisions changed 4020 Bleckley; commissioner, clerk, salary changed 4379 Bleckley; commissioners, expenses changed 4657 Bleckley; deputy sheriff, salary changed 4382 Bleckley; probate court, clerk, salary changed 4377 Bleckley; superior court clerk, salary of clerical assistants changed 4384 Bleckley; tax commissioner, clerks, salary changed 4375 Brantley; board of education, election provided, etc., referendum 3937 Brantley; superior court clerk, etc., salary increase 3920 Brooks; additional judge provided 185 Bryan; board of commissioners, election provisions changed, referendum 3024 Bryan; sheriff, salary changed, etc. 3871 Bryan; tax commissioner, salary changed 3874 Butts; additional judge provided, etc. 760 Butts; sheriff, salary changed 4038 Calhoun; sheriff, salary changed, etc. 2898 Camden; superior court clerk, etc., salary increased 4138 Candler; board of commissioners, salary changes 3835 Candler; probate court, judge's salary changed 3841 Candler; state court, judge, salary changed, etc. 3831 Candler; superior court clerk's personnel, salary changes 3839 Candler; tax commissioner, personnel salary changes, etc. 3830 Catoosa; commissioner, salary changed 2852 Catoosa; court reporter, salary changed 534 Catoosa; sheriff, allowance for feeding prisoners changed 2914

Page 1924

Catoosa; sheriff, personnel salary changes 4398 Catoosa; superior court clerk, salary changed, etc. 2856 Catoosa; tax commissioner, clerical allowance changed 2854 Charlton; board of eduaction, election provided, referendum 3952 Charlton; sheriff, salary changed 3948 Charlton; superior court clerk, salary changed 3946 Charlton; tax commissioner, salary changed, etc. 3950 Chatham; board of education; members salaries changed, referendum 3962 Chattooga; board of education, disposition of certain fees provided, proposed amendment to the Constitution 1672 Chattooga; court reporter, salary changed 534 Chattooga; sheriff's office, provisions changed 2972 Clarke; prisoners, food allowance increased 4031 Clayton; public property, disposition of provided, etc. 2827 Clayton; state court, judge, salary changed, etc. 2708 Clayton; water authority act amended, pension changes 3682 Clinch; sheriff, salary changed, etc. 2896 Cobb; juvenile court, judge, salary changed 4451 Cobb; probate court, clerk, salary changed 4457 Cobb; state court, assistant solicitors, salaries changed 2730 Cobb; state court, clerk, salary changed 4455 Cobb; state court, solicitor, etc., duties required 4498 Cobb; state court, solicitor, salary changed 4501 Cobb; superior court, assistant district attorneys, provisions changed 1321 Cobb; superior court clerk, etc., salary changes 4459 Cobb; superior court, reporters' salaries changed 1563 Cobb; superior court, investigator, salary changed 1323 Cobb; tax commissioner, etc., salary changed 4452 Coffee; superior court clerk, personnel salary changes 4140 Colquitt; additional judge provided 185 Columbia; airport authority act 4559 Columbia; Appling water authority act 2605 Coweta; board of education, certain contracts authorized; proposed amendment to the Constitution 1692 Coweta; certain exemptions from ad valorem taxation provided, proposed amendment to the Constitution 1700 Coweta; justices of the peace courts abolished, etc.; proposed amendment to the Constitution 1704 Crawford; board of commission members, salary changes 3380 Crawford; deputy sheriffs, salaries changed 3373 Crawford; treasurer, salary changed 3371 Crisp; certain bond issuance authorized; proposed amendment to the Constitution 1693 Dade; commissioner, personnel salary changes 3227 Dade; court reporter, salary changed 534 Dade; probate court, personnel, salaries changed 3225 Dade; sheriff, budget provisions changed 2969 Dade; superior court clerk, deputy, salary changed 3230

Page 1925

Dade; tax commissioner, salary changed, etc. 3221 Decatur; civil, criminal court, judge, solicitor, salaries changed 3454 Decatur; hospital authority, members, appointment of, provided, referendum 4087 Decatur; tax commissioner, salary changed 3452 DeKalb; board of education, districts changed, referendum 2752 DeKalb; demolition of certain structures authorized, etc. 3927 DeKalb; garbage, etc., certain contracts authorized; proposed amendment to the Constitution 1695 DeKalb; justices of the peace study committee created 4542 DeKalb; Oglethorpe housing development authority act, new title provided, etc. 3053 DeKalb; recorder's court; marshal appointment provisions changed 3660 DeKalb; school property utilization study committee created 4540 DeKalb; state court, investigators provided, etc. 2728 Dodge; board of education, election directed, referendum 3031 Dodge; commissioner, salary increased, etc. 4441 Dodge; superior court clerk, etc., salary changed 4444 Dooly; prisoner feeding provisions changed 3934 Dougherty; (Albany) payroll development authority act amended 3172 Dougherty; board of commissioners, method of electing chairman changed, etc. 2656 Dougherty; books authorized 1575 Dougherty; county administrator provided 2651 Douglas; assistant district attorney, office created 437 Douglas; board of commissioners, membership increased, etc., referendum 2506 Douglas; board of commissioners, recall provisions made 2512 Douglas; board of commissioners, vacancy provisions changed 2516 Douglas; recall of certain county officers provided; proposed amendment to the Constitution 1677 Early; coroner placed on salary, etc. 2535 Early; state court, salary of judge changed 2530 Early; tax commissioner, salary changed 2532 Echols; additional judge provided 185 Echols; board of commissioners, salaries changed 3662 Echols; sheriff, salary changed 3664 Effingham; state court, judge, salary changed 3322 Emanuel; board of commissioners, expense provisions changed 3843 Emanuel; small claims court created 4341 Evans; multi-city water and sewerage authority act 3033 Evans; superior court terms changed 4649 Fannin; board of commissioners, duties changed, etc. 2815

Page 1926

Fannin; probate court, personnel provided 4363 Fannin; sheriff, salary changed, etc. 4482 Forsyth; water and sewerage authority act 3767 Franklin; sheriff, prisoner feeding provisions changed 4089 Fulton; certain waiver of government immunity provided 3050 Fulton; civil court, appeal provisions changed 3761 Fulton; civil court, cost deposit changed 4651 Fulton; criminal court, director of traffic violations bureau, etc., salary changes 3185 Fulton; criminal court, solicitors salaries fixed 2812 Fulton; judges and solicitors-general, certain courts, retirement act amended 3181 Fulton; land conveyance authorized 1613 Fulton; retirement, military credit provided 3066 Gilmer; commissioner, salary changed, etc. 4042 Gilmer; sheriff, salary changed, etc. 4040 Gilmer; superior court clerk placed on salary 4386 Glynn; sheriff's office, personnel provisions changed 3726 Glynn; tax commissioner's deputy, salary changed, etc. 3670 Gordon; board of commissioners created, referendum 2719 Gordon; commissioner, salary changed 2717 Gordon; sheriff, salary changed, etc. 2715 Gordon; superior court clerk, etc., salary changed 2711 Gordon; tax commissioner, salary changed 2713 Grady; land conveyance authorized 1501 Grady; sheriff, salary changed, etc. 4724 Greene; board of education, terms staggered, etc., referendum 4270 Greene; small claims court created, etc. 2666 Greene; superior court, reporters, expense allowance provided 1303 Gwinnett; public facilities authority act 4463 Gwinnett; recreation authority act 3108 Habersham; certain terms of court changed 729 Hall; board of commissioners, terms changed, referendum 3574 Hall; revenue, certain state taxes, installments provided 3339 Hancock; superior court, reporters, expense allowance provided 1303 Hancock; tax commissioner, salary changed, etc. 2967 Haralson; assistant district attorney, office created 437 Haralson; commissioner, salary changed 4218 Haralson; probate court, salary of clerk changed 4224 Haralson; sheriff, deputy, salary changed 4222 Haralson; tax commissioner, personnel salary changes 4220 Haralson; treasurer, salary changed 4216 Harris; board of education, election of members provided, etc., referendum 2960 Harris; coroner, salary changed 4365 Harris; small claims court, jurisdictional amounts changed 4367 Heard; commissioner, office created, referendum 4433

Page 1927

Henry; additional judge provided, etc. 760 Henry; deputy sheriff, salary provisions changed 4131 Henry; development authority act amended 2833 Henry; school superintendent, annual report requirement removed 4129 Houston; coroner, salary of, changed 2599 Houston; hospital authority, provisions for filling vacancies made 2601 Houston; Perry redevelopment authority act 2902 Houston; state court created, etc. 2584 Irwin; board of commissioners, personnel changes, etc. 3700 Irwin; deputy sheriff, salary changed, etc. 3703 Jasper; superior court, reporters, expense allowance provided 1303 Jasper; tax commissioner placed on salary, etc. 2768 Jeff Davis; board of commissioners, school superintendent, audit provisions changed 3852 Jefferson; state court judge, salary changed, etc. 3615 Jefferson; superior court clerk, placed on salary 3612 Johnson; deputy sheriff, salary changed 3765 Johnson; tax collector salary changed 3764 Johnson; tax receiver, salary changed 4497 Jones; probate court judge, placed on salary 2796 Jones; small claims court, jurisdiction changed, etc. 3561 Jones; superior court, reporters, expense allowance provided 1303 Lamar; additional judge provided, etc. 760 Lamar; probate court; judge, salary changed, etc. 3365 Lamar; small claims court created 3464 Lamar; tax commissioner, salary changed, etc. 3362 Laurens; board of commissioners, salaries changed 4485 Laurens; state court, secretary provided 4447 Lee; sheriff, salary changed, etc. 2839 Lee; tax commissioner, office created 2842 Lee; treasurer, salary changed 3337 Liberty; board of commissioners, salary changes 3718 Liberty; sheriff, salary changed, etc. 2790 Liberty; small claims court created 3706 Liberty; state court, judge, salary changed, etc. 3786 Liberty; tax commissioner, salary changed 3862 Lincoln; board of commissioners, chairman, salary changed 4012 Lincoln; sheriff, salary changed 4007 Long; board of commissioners, clerk, salary changed 3369 Long; board of commissioners, operating budget provided 3367 Long; probate court judge placed on salary, etc. 4022 Long; superior court clerk placed on salary 4028 Long; tax commissioner, office created 4025 Lowndes; additional judge provided 185 Lowndes; board of commissioners, county manager provided 2565

Page 1928

Lowndes; historical interest real property, certain, exempted from certain ad valorem taxation; proposed amendment to the Constitution 1702 Lowndes; state court, compensation of judge changed, etc. 2569 Marion; sheriff, salary changed, etc. 3481 Marion; tax commissioner, salary changed 3484 McDuffie; small claims court, cost changes, etc. 3312 McIntosh; deputy sheriffs, salaries changed 3644 McIntosh; superior court clerk, assistant to, salary changed 3932 Meriwether; land lease authorized 1532 Meriwether; probate court, clerk of judge, salary changed 2522 Meriwether; sheriff, salary changed 2579 Meriwether; superior court clerk, salary changed, etc. 2520 Meriwether; water and sewerage authority act 3194 Miller; board of commissioners, probate court judge removed as member, etc. 2575 Miller; probate court, judge placed on salary 2572 Miller; sheriff, salary changed 2551 Miller; state court; solicitor placed on salary 2549 Miller; superior court clerk, placed on salary, etc. 2545 Miller; superior court clerk, relieved of certain duties, etc. 2542 Miller; superior court terms changed 4511 Monroe; additional judge provided, etc. 760 Monroe; small claims court, substitute judge, provisions for changed, etc. 3552 Montgomery; land conveyance authorized 1525 Montgomery; tax commissioner, salary determination provided 3966 Morgan; superior court clerk, etc., salary changes 2682 Morgan; superior court, reporters, expense allowance provided 1303 Muscogee, etc.; certain incentives provided for industrial development; proposed amendment to the Constitution 1724 Newton; board of education, reconstituted, etc. referendum 3577 Newton; local legislative study committee 4547 Newton; public defender, office abolished 2699 Newton; tax payment time changed, etc.; proposed amendment to the Constitution 1684 Oconee; board of commissioners, election changed, etc. 3105 Paulding; assistant district attorney, office created 437 Paulding; board of commissioners created, referendum 2916 Paulding; law library books, furnishing of 4546 Paulding; water authority, quorum provisions changed 3845 Peach; justices of peace, jurisdiction increased; proposed amendment to the Constitution 1690 Peach; probate court, budget disputes, arbitration provisions changed 3376 Peach; sheriff, budget arbitration provisions changed 4339

Page 1929

Peach; superior court clerk, budget disputes, arbitration provisions changed 3374 Peach; tax commissioner, budget disputes, arbitration provisions changed 3378 Pickens; superior court clerk placed on salary 3697 Pike; tax commissioner, deputy, salary changed 3479 Pike; tax commissioner, salary changed 3477 Polk; assistant district attorney, office created 437 Polk; deputy sheriffs, salaries changed 3960 Pulaski; sheriff's deputies, provisions changed 2518 Putnam; superior court; reporters, expense allowance provided 1303 Quitman; board of commissioners, terms of office changed 3351 Quitman; treasurer, salary changed 2603 Rabun; airport authority act 3003 Rabun; certain terms of court changed 729 Randolph; sheriff, expense provisions changed, etc. 2732 Richmond (Augusta); coliseum authority act amended, powers defined, etc. 4681 Richmond; board of commissioners, certain purchases authorized without bid 4334 Richmond; ordinance adoption authorized 4548 Richmond; probate court judge emeritus, procedures provided 3068 Richmond; state court, ordinance enforcement provided 3867 Rockdale; commissioner, salary changed 2695 Rockdale; coroner, salary changed 2690 Rockdale; probate court, judge, etc., salary changes, etc. 2692 Rockdale; public defender, office abolished 2699 Rockdale; public defender provided 2685 Rockdale; sheriff, etc., salary changes, etc. 2702 Rockdale; superior court clerk, etc., salary changes, etc. 2697 Rockdale; tax commissioner, salary changed, etc. 2688 Screven; coroner, salary changed 3382 Seminole; land conveyance to authorized 1520 Seminole; superior court clerk's personnel, salary changes 4211 Spalding; board of commissioners, personnel provided 3022 Spalding; board of commissioners, salaries changed, etc., referendum 4352 Stephens; board of commissioners, provisions changed 3864 Stephens; certain terms of court changed 729 Taliaferro; board of commissioners, chairman, expense provisions changed, etc. 4009 Taliaferro; small claims court created 3648 Tattnall; small claims court created 3684 Tattnall; superior court clerk, personnel, salaries changes 3303 Tattnall; tax commissioner, office created 3299 Taylor; board of education, number of members changed 3486 Terrell; probate court, judge placed on salary, etc. 2527 Thomas; additional judge provided 185 Thomas; state court, judge, salary changed, etc. 3345

Page 1930

Tift; board of commissioners, chairman, eligibility provisions provided 4015 Toombs; sheriff, salary changed 3341 Toombs; tax commissioner, salary changed 3343 Towns; certain terms of court changed 729 Troup; sheriff, etc., salaries changed 3859 Turner; sheriff, salary changed, etc. 3384 Twiggs; sheriff, salary changed, etc. 2562 Union; certain terms of court changed 729 Union; commissioner, office created, referendum 4490 Union; sheriff, salary changed, etc. 4361 Upson; board of education authorized to appoint school superintendent, referendum 3356 Upson; commissioners of roads and revenues, terms changed, etc. 3353 Upson; sheriff placed on salary, etc. 2846 Walker; court reporter, salary changed 534 Walker; land conveyance to authorized 1594 Walton; sheriff, personnel provided 3847 Ware (Waycross); development authority act amended, membership provisions changed 3958 Washington; sheriff, salary changed, etc. 3924 Washington; state court, juror selection, changed, etc. 4018 Wilcox; sheriff, method of paying expenses changed 2582 Wilkes; board of commissioners recreated 2979 Wilkinson; minimum ad valorem tax provided 2560 Wilkinson; sheriff, salary changed, etc. 2554 Wilkinson; superior court, reporters, expense allowance provided 1303 Wilkinson; tax commissioner, clerical assistant to, salary changed 2558 Worth; board of education, superintendent, appointment provided, etc., referendum 4202 COUNTY-WIDE GOVERNMENTS Columbus; certain incentives provided for industrial development, proposed amendment to the Constitution 1724 Columbus, charter amended, certain transfer power authorized 3854 Columbus, drainage projects authorized, etc. 3456 Sales and use tax, certain referendum authorized 1729 COUNTY AND COUNTY MATTERS BY POPULATION 5,900-6,000; board of commissioners, expense allowance provided 4536 6,513-6,600; state court judges, salaries provided 4532 10,600-10,900; sheriffs, etc., salaries provided 4537

Page 1931

15,000-15,500; tax returns, time for making changed 526 18,100-18,250; superior court clerks, deputies salaries fixed 2913 18,100-18,250; tax commissioners, deputies, salaries fixed 2912 18,200-18,300; Board of elections provided 4506 19,300-20,000; coroners, salaries changed 4513 27,000-28,000; small claims court, population figures changed, etc. 4551 27,300-28,000; certain sheriffs personnel, salaries supplemented 1887 54,500-58,000; district attorneys, certain assistant, salaries changed 1111 59,000-60,000 (municipalities of 15,000 within); taxation, automatic return of property, provided, etc. 701 66,000-73,000; coroners fees increased 4505 145,000-165,000; alcoholic beverages, certain, may be consumed on premises, etc. 2806 145,000-165,000; Water and sewerage service increased, prior county approval required 4558 150,000-165,000; county treasurer emeritus, established 4529 180,000-190,000; county boards of equalization; member provisions changed 1732 180,000-190,000; intoxicating beverages may be consumed on premises, etc., certain counties and municipalities, etc., referendum 3128 185,000-190,000; clerks, salaries changed 2859 185,000-190,000; probate court judges, compensation fixed 4534 185,000-190,000; superior court clerks, salaries changed 2859 350,000-600,000; taxes, installment date changed 1085 400,000-500,000; county boards of education, membership qualifications provided 828 400,000-500,000; sold signs authorized on certain residential property, etc. 4533 400,000-600,000; grand juries, subpoena powers granted 48 400,000-600,000; intoxicating beverages, certain consumption authorized 4535 400,000 or more; certain branch banking authorized in certain adjacent counties 474 400,000 or more; school bus drivers regulated 4527 500,000 or more; elections supervisor, provisions changed 4512 500,000 or more; sheriff, compensation changed 4510 600,000 or more; building inspectors, certain authorizations provided, etc. 4531 600,000 or more; superior court clerks, cost changes, etc. 1150 600,000 or more, or adjacent 70,000, except 70,000-72,000; Garbage, etc., exceptions to act prohibiting certain dumping provided 869 600,000 or more (cities within of 400,000 or more); interest on ad valorem taxes increased 4646 Certain, purchasing agent provisions changed 1147 Homestead exemptions; applications eliminated, certain counties 4558

Page 1932

Sheriff's office; certain counties, salary changes 4555 COUNTIES AND COUNTY MATTERSHOME RULE ACTIONS Hall; county depositories provisions changed 4739 Pulaski; clerk of commissioners, act repealed 4746 Bibb; board of commissioners, auditor provisions changed 4732 Bibb; board of commissioners, certain act repealed 4736 Bibb; board of commissioners, time of meetings changed 4733 MUNICIPAL CORPORATIONS NAMED CITIES Albany; (Dougherty) payroll development authority act amended 3172 Allenhurst; charter amended, election provisions changed, etc. 3641 Alpharetta; charter amended, certain land de-annexed 3315 Alpharetta; charter amended, mayor, salary changed 3317 Athens; charter amended, election provisions changed 3319 Athens; charter amended, mayor, duties defined, etc., referendum 2779 Athens (Downtown) Development Authority Established; proposed amendment to the Constitution 1698 Atlanta; board of education, urged to share retirement costs increase 4538 Atlanta; Cyclorama, historical value declared 4530 Atlanta; charter amended, corporate limits changed 4649 , 4687 , 4722 , 4728 Atlanta; conveyance of land to authorized 1617 Attapulgus; new charter 3391 Auburn; charter amended, residency voting requirement changed, etc. 3209 Auburn; homestead exemption provided; proposed amendment to the Constitution 1680 Augusta; charter amended, additional pension fund investments authorized 2936 Augusta; ports authority act amended, additional members provided 2939 Augusta (Richmond); coliseum authority act amended, powers defined, etc. 4681 Augusta (Savannah); river parking and urban redevelopment authority act 2941 Austell; charter amended, corporate limits changed 4627 Barnesville; charter amended, city ward boundaries changed 3720 Barwick; new charter 4226 Baxley; charter amended, corporate limits changed, referendum 3678 Berkely Lake; new charter 3272

Page 1933

Buchanan; charter amended, mayor's court provisions changed 4214 Cairo; charter amended, election provisions changed 3270 Carl; charter amended, term of office of mayor changed, etc. 4371 Cartersville; charter amended, mayor, terms changed, etc. 4265 Centerville; charter amended, corporate limits changed 2836 Chatsworth; charter amended, sale of certain property authorized, etc. 3646 Climax; new charter 3421 Cobbtown; charter amended, terms of office changed 3566 Collins; new charter 3792 Colquitt; new charter 3521 Commerce; charter amended, election requirements changed 4394 Cordele; office building authority, certain restrictions provided, etc. 4395 Crawfordville; reincorporated 2986 Cusseta; new charter 3617 Danielsville; charter amended, terms changed 3569 Doerun; new charter 4690 East Dublin; charter amended, election provisions changed 4449 East Point; business and industrial development authority created; proposed amendment to the Constitution 1705 Edison; new charter 3489 Ellenton; new charter 3073 Fairmount; new charter 3136 Fort Oglethorpe; charter amended, public use area created, etc. 3358 Fort Oglethorpe; recognized as urban incorporated municipality 4545 Funston; new charter 4044 Gordon; charter amended, election provisions changed 3028 Hampton; new charter 4092 Helen; charter amended, alcoholic beverages, tax authorized on, etc. 3571 Hogansville; charter amended, corporate limits changed 2860 Homerville; charter amended, election provisions changed, etc. 3968 Jackson; charter amended, corporate limits changed 4357 Jakin; new charter 3730 Kennesaw; charter amended, election provisions changed 3019 Kennesaw; land lease authorized 1572 LeGrange; downtown, development authority act 2623 LaGrange; easement conveyance authorized 1607 Leary; new charter 4401 Lilburn; charter amended, election procedures changed 4033 Locust Grove; charter amended, mayor, term changed 4504 Louisville; charter amended, qualifying fees changed 3188 Lovejoy; new charter 2862

Page 1934

Lumpkin; charter amended, use of certain funds for utilities provided 2965 Macon; charter amended, board of water commissioners abolished, referendum 3349 Macon; charter amended, election of aldermen, from districts provided, etc. 2799 Madison; charter amended, recorder authorized, etc. 2677 Marietta; charter amended, civil services board membership changed, etc. 4670 Marietta; charter amended, corporate limits changed 2706 Milledgeville; charter amended, corporate limits changed 2740 Millen, conveyance of land to authorized 1511 Monroe; charter amended, certain community antenna television services authorized 3676 Newnan (Downtown); development authority; proposed amendment to the Constitution 1675 Norwood; charter amended, salary of mayor, etc., changed 3783 Odum; charter amended, city limits redefined 3922 Oglethorpe; new charter 2630 Orchard Hill; charter amended 2760 Orchard Hill; charter amended, corporate limits changed, referendum 2771 Payne; charter amended 3790 Payne; charter amended, mayor, etc., salary provided 3788 Perry; charter amended, terms of officers changed, etc. 3332 Perry; homestead exemption provisions changed, proposed amendment to the constitution 1687 Perry; redevelopment authority act 2902 Pooler; charter amended, corporate limits changed 4622 Port Wentworth; charter amended, corporate limits changed 3190 , 3308 Powder Springs; charter amended, corporate limits redefined 4659 Rincon; charter amended, officers qualifications changed, etc. 3324 Riverdale; charter amended, certain terms of office changed 3306 Rutledge; charter amended, term of mayor changed, etc. 4267 Savannah (Augusta); river parking and urban redevelopment authority act 2941 Savannah; board of education; members salaries changed, referendum 3962 Savannah; ports authority act amended 3131 Sharon; new charter 4274 Shiloh; charter amended, terms of office of mayor changed, etc., referendum 4369 Smyrna; charter amended, corporate limits changed 4078 Social Circle; charter amended, terms of officers changed, etc. 3672 Stockbridge; charter amended, election date changed, etc., referendum 4133 Sugar Hill; new charter 3232

Page 1935

Sunny Side; charter amended 2736 Talbotton; charter amended, election provisions changed, etc. 4258 Thomaston; charter amended, corporate limits changed 3666 Toccoa; charter amended, commissioners, terms changed, etc., referendum 4142 Trion; charter amended, certain officials, terms changed 3071 Tunnel Hill; new charter, referendum 4296 Turin; charter amended, terms of officers changed, etc. 4208 Tyrone; new charter 3876 Valdosta; charter amended, election provisions changed, etc. 4085 Villa Rica; new charter 4575 Waleska; charter amended, recorder's court provided 4389 Walthourville; charter amended, election provisions changed 3639 Warrenton; new charter 3970 Warwick; new charter 3580 Waverly Hall; charter amended, quorum provided, etc. 3944 Waycross; downtown; development authority act 4637 Waycross (Ware County); development authority act amended, membership provisions changed 3958 West Point; charter amended, property, sale of, certain, provided 3327 Winder; charter amended, election provisions changed, etc. 4328 Winder; conveyance of land authorized 1609 , 1610 Winder; duplicate charter repealed 4333 Woodstock; new charter 4160 Zebulon; charter amended, election date changed 3724 MUNICIPALITIESBY POPULATION 2,050-2,100; term of mayor specified 1886 11,200-11,250; elected provisions changed, referendum 1730 55,110-56,000; board of elections, certain, provided, etc. 2538 300,000 or more; elections, poll closing time changed 769 300,000 or more; retirement, population figures changed 3177 400,000-500,000; boards of education, member qualifications provided 828 400,000 or more; certain branch banking in adjacent counties provided 474 400,000 or more (in counties of 600,000 or more); interest on ad valorem tax increased 4646 500,000 or more; retirement, annual statement certain, required 3175 500,000 or more; retirement, certain credit provided 3176 MUNICIPALITIES' WITHIN CERTAIN COUNTIES BY MUNICIPAL POPULATION 15,000 (in counties of 59,000-60,000); taxation, automatic return of property, provided, etc. 701 250,000 or more; eminent domain, fee simple interest authorized 1148 400,000 or more; interest on ad valorem taxes increased 4646

Page 1936

MUNICIPALITIESHOME RULE AMENDMENTS Albany; certain sale of land authorized 4752 Albany; charter amended, city manager, authority changed 4755 Albany; charter amended, pension board of trustees 4758 Albany; charter amended, pension laws amended 4762 Albany; charter amended, pension plan 4765 Atlanta; charter amended, appropriations committee, membership expanded 4778 Atlanta; charter amended, certain in rem proceedings, provisions made for 4772 Atlanta; charter amended, real estate, certain assessments, provisions made for 4769 Atlanta; charter amended, salary changes, effective date provided 4775 Atlanta; reorganization ordinance 4781 Austell; charter amended, qualifications for holding office changed, etc. 4801 Cedartown; charter amended, city commission meeting date changed 4808 Doraville; charter amended, certain salaries increased 4811 Jesup; charter amended, cemetery commission 4814 Lilburn; merit system act 4819 Macon; charter amended, fire and police retirement system 4830 Macon; charter amended, pension act amended 4834 Macon; charter amended, police department, certain automatic suspension provided, etc. 4838 Macon; charter amended, transfer of certain property to Macon-Bibb County Water Sewerage Authority authorized 4841 Morrow; charter amended, merit service system 4851 Morrow; charter amended, recorders court 4862 Newnan; charter amended, certain salary increases made 4865 Savannah; charter amended, election date fixed 4868 Thomasville; charter amended 4873 , 4879 Woodbine; charter amended 4886 RESOLUTIONS AUTHORIZING COMPENSATION Aetna Life and Casualty Company; compensation provided 4515 Bohannon, James H.; compensation provided 4521 Brown, Carole K.; compensation provided 4526 Cash, Roy L.; compensation provided 4518 Holland, J. Fred; compensation provided 4517 Knox, Alfred L.; compensation provided 4520 Ledet, David; compensation provided 4524 Lingefelt, Roy M.; compensation provided 4522 Perrin, Carl; compensation provided 4525 Roach, Paul; compensation provided 4514 Sheperd, William H.; compensation provided 4523

Page 1937

Thrift, Gerald F., Mr. and Mrs., compensation provided 2901 Williams Brothers Grocery Company; compensation provided 4516 Wynn, Benjamin; compensation provided 4519 RESOLUTIONS AUTHORIZING LAND CONVEYANCES, LEASES AND EASEMENTS Atlanta, City of; conveyance authorized 1617 Baldwin County; conveyance authorized 1577 Berrien County; conveyance of land to, authorized 1489 , 1492 Brunswick, Port Authority, certain property abandoned, for use of 1602 Fulton County; conveyance authorized 1613 Georgia Power Co., conveyance authorized 1591 Grady County, conveyance to authorized 1501 Kennesaw, City of; land lease authorized 1572 LaGrange, City of; easement conveyance authorized to 1607 Marcona Terminal Company; conveyance of certain easement authorized 104 Meriwether County; land lease authorized 1532 Millen, City of, conveyance authorized 1511 Montgomery County; land conveyance authorized 1525 Mull, William; easement conveyance authorized 1605 Seminole County; land conveyance authorized 1520 Stovall, L. L., Jr., Mrs.; land conveyance authorized 1588 Taylor, A. W., conveyance to estate, authorized 1600 W. A. Railroad property, sale of, authorized 1580 Walker County; conveyance authorized 1594 Ward, Harrison Alma Lilly, conveyance authorized 1536 Winder, City of; conveyance authorized 1609 , 1610 Youngblood, George E., land conveyance authorized 1627 , 1630 MISCELLANEOUS RESOLUTIONS Atlanta Board of Education, urged to share retirement costs increase 4538 Atlanta Cyclorama; historic value declared 4530 Blue laws study committee created 1498 DeKalb County; justices of the peace study committee created 4542 DeKalb County; school property utilization study committee created 4540

Page 1938

Dougherty judicial circuit, books authorized 1575 Economy, reorganization and efficiency resolution amended 1327 Fox theatre, building 1487 Freeport tax study committee created 1496 Geo. L. Smith II Georgia World Congress Center; authority overview committee created 179 James H. Sloppy Floyd State Park named 1616 John Henry Lane, Jr., bridge designated 4539 Motor fuel tax revenue study commission created 1621 Newton County; local legislative study committee created 4547 Paulding County; law library books, furnishing of 4546 Public television study committee created 1612 State parks evaluation study committee created 1566

Page 1939

A ADEQUATE PROGRAM FOR EDUCATION IN GEORGIA ACT Amended 539 Amended, certain teacher employment prohibited 1537 Amended, isolated schools, provisions for 35 ADMINISTRATIVE SERVICES, DEPARTMENT OF Area planning and development commissions, authorized to purchase through State, etc. 735 ADVERTISEMENT Gambling, certain, prohibited, etc. 1072 Legal, fees changed 52 AETNA LIFE AND CASUALTY COMPANY Compensation provided 4515 AGRICULTURE Bees, certain destruction indemnification increased 705 Commissioner of, antifreeze regulated by 706 Farmers Market provisions changed 396 Honeybee, designated as official state insect 927 Tobacco, sale and storage of flue cured, regulated 1263 Tobacco warehouses, public weighters' seal, issuance provided 1302 AGRIRAMA DEVELOPMENT AUTHORITY ACT See Georgia Agrirama Development Authority Act AIR QUALITY CONTROL ACT Amended 1522 ALBANY, CITY OF See also tabular indexMunicipalities, Home Rule Amendments ALBANY-DOUGHERTY PAYROLL DEVELOPMENT AUTHORITY ACT Amended 3127 ALLENHURST, TOWN OF Charter amended, election provisions changed, etc. 3641

Page 1940

ALPHARETTA, CITY OF Charter amended, certain land de-annexed 3315 Charter amended, mayor, salary changed 3317 AMBULANCES Insurance, condition precedent to license 916 ANTIFREEZE Sale of, regulated 706 APPEALS Habeas corpus act amended 1143 Interlocutory appeals provided on petition, etc. 757 APPLIED PSYCHOLOGIST Group insurance policies, provisions changed, etc. 576 APPLING COUNTY State court, judge, salary changed, etc. 4487 Tax commissioner, office created 4199 APPLING WATER AUTHORITY ACT Enacted 2605 APPROPRIATIONS Department of labor, supplemental 766 General, amended 216 , 1734 General, enacted 1333 Supplemental, offender rehabilitation department, etc. 5 AREA PLANNING AND DEVELOPMENT COMMISSIONS Purchases through State, etc., authorized 735 ARREST Force, degree of, used to effectuate certain, provided, etc. 1209 Motor vehicles inspections, etc., provisions changed 874 Warrants, board of pardons and paroles, certain provided 786 ATHENS, CITY OF Charter amended, election provisions changed 3319 Charter amended, mayor, duties defined, etc., referendum 2779 Development authority established, proposed amendment to the Constitution 1698

Page 1941

ATKINSON COUNTY Sheriff, salary changed 2734 ATLANTA, CITY OF See also tabular indexMunicipalities, Home Rule, Amendments Board of EducationUrged to share retirement costs, increase 4538 Land conveyance authorized 1617 Charter amended, corporate limits changed 4649 , 4687 , 4722 , 4728 ATLANTA CYCLORAMA Historic value declared 4530 ATLANTA JUDICIAL CIRCUIT Assistant district attorney, salary provisions 526 ATTAPULGUS, CITY OF New charter 3391 ATTORNEY GENERAL Charitable trust act, responsibility changed 1527 Duties clarified, etc. 882 Private counsel, employment of, etc. 1184 Public officials, etc., appointment of counsel for, provisions clarified 878 Removal, certain provisions made for 863 Revenue department, legal services furnished for 722 Soil conservation districts, legal services, furnishing to 724 ATTORNEYS Certain, only, authorized to contact State Board of Corrections 1218 Employment by Attorney General, etc. 1184 Insurance, prepaid legal services plans, authorized 1268 Penalty increased for unlawful practice 755 Public officials, etc., appointment for, provisions clarified 878 AUBURN, TOWN OF Charter amended, residency voting requirement changed, etc. 3209 Homestead exemption provided; proposed amendment to the Constitution 1680

Page 1942

AUCTIONEERING Regulated 53 AUGUSTA, CITY OF Charter amended, additional pension funds investments authorized 2936 Ports authority act amended, additional members provided 2939 (Richmond) County coliseum authority act, amended, powers defined, etc. 4681 (Savannah) river parking and urban redevelopment authority act 2941 AUGUSTA PORTS AUTHORITY ACT Amended, additional members provided 2939 AUGUSTA-SAVANNAH RIVER PARKING AND URBAN REDEVELOPMENT AUTHORITY ACT Enacted 2941 AUSTELL, CITY OF See also tabular indexMunicipalities, Home Rule, Amendments. Charter amended, corporate limits changed 4627 AUTHORITIES Development, law amended 1259 B BACON COUNTY Sheriff, etc., salary changes 4294 Superior court clerk placed on salary 3328 BAILIFFS Compensation of, changed 684 BAKER COUNTY Tax commissioner, office created, etc., referendum 2662 Treasurer, office abolished, etc., referendum 2659 BALDWIN COUNTY Land conveyance authorized 1577 Superior court, reporters, expense allowance provided 1303 Tax commissioner, office created, etc. 2774

Page 1943

BANKS AND BANKING Automated teller facilities, installation of certain authorized, etc. 475 Branch banks provided 473 Certain branch banking in adjacent counties provided (400,000 or more) 474 Credit discrimination, etc., prohibited 772 Interest, charges for, on certain loans authorized 47 State Revenue Commissioner, authorized to regulate 154 Taxation of shares provided, etc. 147 BANKS COUNTY Superior court clerk placed on salary, etc. 2793 BARNESVILLE, CITY OF Charter amended, city ward boundaries changed 3720 BARWICK, CITY OF New charter 4226 BAXLEY, CITY OF Charter amended, corporate limits changed, referendum 3678 BEES Certain indemnification for destruction of, increased 705 Honeybee, designated as official State insect 927 BEN HILL COUNTY Board of commissioners, administrative officer provided, etc. 2503 BERKELY LAKE, CITY OF New Charter 3272 BERRIEN COUNTY Conveyance of land to authorized 1489 , 1492 School superintendent, appointment provided, referendum 2525 , 3388 BIBB COUNTY See also tabular indexCounties, Home Rule Amendments. Superior court, grand jury provisions changed 4020

Page 1944

BIKEWAYS Provided 799 BIRTH CERTIFICATES Procedures for certain changes in provided, etc. 855 BLASTING Underground gas pipes, near, requirements changed, etc. 417 BLECKLEY COUNTY Commissioner, clerk, salary changed 4379 Commissioners, expenses changed 4657 Deputy sheriff, salary changed 4382 Probate court, clerk, salary changed 4377 Superior court clerk, salary of clerical assistants changed 4384 Tax commissioner, clerks, salary changed 4375 BLIND AND VISUALLY HANDICAPPED Equal public accommodations provided, etc. 1639 BLOOD DONOR'S AGE Lowered 1071 BLUE LAWS STUDY COMMITTEE Created 1498 BOARD OF CHIROPRACTIC EXAMINERS License fees changed, etc. 714 BOARD OF COMMISSIONERS Expense allowance provided (5,900-6,000) 4536 BOARD OF CORRECTIONS Authorized to pay counties for operating correctional institutions 908 Board of Offender Rehabilitation, substituted by; proposed amendment to the Constitution 1696 Police powers, certain authority to confer provided 1246 BOARD OF ELECTIONS Provided (18,200-18,300) 4506 Provided, etc. (55,110-56,000) 2538

Page 1945

BOARD OF FUNERAL SERVICES ACT Amended 1152 BOARD OF OFFENDER REHABILITATION Substituted for Board of Corrections; proposed amendment to the Constitution 1696 BOARD OF REGENTS Georgia and U. S. history courses required 1140 Junior college act amended 522 BOATS Flotation devices, sale of 773 BOHANNON, JAMES H. Compensation provided 4521 BONDS Litter law violations, cash bonds provided, etc. 845 Performance, public contracts, maximum amount changed 810 Probate court judge, increased 922 Public officers, etc., indemnification provided 674 Public officers, indemnification provisions changed 1089 Sheriffs, increased 921 State employees, beneficiaries provided 672 Superior Court clerksbonds increased 923 BOUNDARIES Retrocession of jurisdiction of land from U.S. authorized 1301 BRANTLEY COUNTY Board of education, election provided, etc., referendum 3937 Superior court clerk, etc., salary increased 3920 BROOKS COUNTY Additional judge provided 185 BROWN, CAROLE K. Compensation provided 4526 BRUNSWICK, PORT AUTHORITY Certain land abandoned, use of authorized 1602

Page 1946

BRYAN COUNTY Board of commissioners, election provisions changed, referendum 3024 Sheriff, salary changed, etc. 3871 Tax commissioner, salary changed 3874 BUCHANAN, CITY OF Charter amended, mayor's court provisions changed 4214 BUILDING AND LOAN ASSOCIATIONS Etc., interest, charges for on certain loans authorized 47 State depositories, certain collateral approved 917 BUILDING INSPECTORS Certain, authorized to issue zoning violation citations, etc. (600,000 or more) 4531 BUREAU OF INDUSTRY AND TRADE Bureau provided, etc. 682 Membership provided 1299 BUSINESS CORPORATION CODE Amended 583 BUSINESS PRACTICES ACT, FAIR, OF 1975 Enacted 376 BUTTS COUNTY Additional judge provided, etc. 760 Sheriff, salary changed 4038 BUYING SERVICES ACT OF 1975 Enacted 529 C CAIRO, CITY OF Charter amended, election provisions changed 3270 CALHOUN COUNTY Sheriff, salary changed, etc. 2898

Page 1947

CAMDEN COUNTY Superior court clerk, etc., salary increased 4138 CAMPAIGN AND FINANCIAL DISCLOSURE ACT Amended 1120 CANADA, DOMINION OF Uniform reciprocal enforcement support act, extended to 818 CANCELLATION Certain instruments, provided 1134 CANDLER COUNTY Board of commissioners, salary changes 3835 Probate court, judge's salary changed 3841 State court, judge, salary changed, etc. 3831 Superior court clerk's personnel, salary changes 3839 Tax commissioner, personnel salary changes, etc. 3830 CARL, TOWN OF Charter amended, mayor, office term changed, etc. 4371 CARTERSVILLE, CITY OF Charter amended, mayor, terms changed, etc. 4265 CASH, ROY L. Compensation provided 4518 CATOOSA COUNTY Commissioner, salary changed 2852 Court reporter, salary changed 534 Sheriff, allowance for feeding prisoners changed 2914 Sheriff, personnel salary changes 4398 Superior court clerk, salary changed, etc. 2856 Tax commissioner, clerical allowance changed 2854 CEDARTOWN, CITY OF See also tabular indexMunicipalities, Home Rule, Amendments . CEMETERIES Perpetual care funds, investment in common trust funds authorized 697

Page 1948

CENTERVILLE, CITY OF Charter amended, corporate limits changed 2836 CERTIFICATION OF WATER AND WASTEWATER TREATMENT PLANT OPERATORS ACT Amended 1074 CHARLTON COUNTY Board of education, election provided, referendum 3952 Sheriff, salary changed 3948 Superior court clerk, salary changed 3946 Tax commissioner, salary changed, etc. 3950 CHATHAM COUNTY Board of public education, members salaries changed, referendum 3962 CHATSWORTH, CITY OF Charter amended, sale of certain property authorized, etc. 3646 CHATTOOGA COUNTY Board of education, disposition of certain fees provided, proposed amendment to the Constitution 1672 Court reporter, salary changed 534 Sheriff's office, provisions changed 2972 CHECKS Bad, issuance of, defined, etc. 482 CHILDREN Adopted, may inherit from relatives of adopting parents 797 Child abuse, confidentiality of records provided, etc. 1135 Commitment of certain children to Department of Corrections, act repealed 184 School, age for beginning changed 685 Uniform reciprocal enforcement of support act amended 818 , 1141 Youthful offender act amended, sentencing provisions clarified 900 CHIROPRACTIC EXAMINERS, BOARD OF License fees changed, etc. 714

Page 1949

CIVIL DEFENSE ACT, GEORGIA Amended 1262 Amended, emergency powers granted 1551 CIVIL DEFENSE AND DISASTER COMPACT ACT, INTERSTATE Amended 1186 CIVIL PRACTICE ACT Interlocutory appeals provided on petition, etc. 757 CLARKE COUNTY Prisoners, food allowance increased 4031 CLAYTON COUNTY Public property, disposition of provided, etc. 2827 State court, judge, salary changed, etc. 2708 Water authority act amended, pension changes 3682 CLIMAX, CITY OF New charter 3421 CLINCH COUNTY Sheriff, salary changed, etc. 2896 CLINICAL LABORATORIES Directors provided, etc. 737 COBB COUNTY Court reporters', salaries changed 1563 Juvenile Court, judge, salary changed 4451 Probate court, clerk, salary changed 4457 State Court, assistant solicitors, salaries changed 2730 State court, salary of clerk changed 4455 State court, solicitor, etc., duties required 4498 State court, solicitor, salary changed 4501 Superior court clerk, etc., salary changes 4459 Superior court, district attorneys, assistant, provisions changed 1321 Superior court investigator, salary changed 1323 Tax commissioner, etc., salary changed 4452 COBB JUDICIAL CIRCUIT Clerk, etc., salary changes 4459 Court reporters' salaries changed 1563 District attorneys, assistant, provisions changed 1321 Investigator, salary changed 1323

Page 1950

COBBTOWN, CITY OF Charter amended, terms of office changed 3566 COFFEE COUNTY Superior court clerk, personnel salary changes 4140 COLLEGES, PRIVATE Student grants increased 1161 , 1320 COLLINS, CITY OF New charter 3792 COLQUITT, CITY OF New charter 3521 COLQUITT COUNTY Additional judge provided 185 COLUMBIA COUNTY Airport authority act 4559 Appling water authority act 2605 COLUMBUS Certain incentives provided for industrial development, proposed amendment to the Constitution 1725 Drainage projects authorized, etc. 3456 Charter amended, certain transfer power authorized 3854 Sales and use tax, referendum authorized 1729 COMMERCE, CITY OF Charter amended, election requirements changed 4394 COMMISSIONER OF AGRICULTURE Antifreeze regulated 706 CONDOMINIUM ACT, GEORGIA Enacted 609 CONFEDERATE SOLDIERS Peddlers' rights, acts repealed 689 Relief to, act repealed 688

Page 1951

CONSUMERS' UTILITY COUNSEL Office created 372 CONTRACTS Interest rate changed, etc. 370 Public, performance bonds, maximum contract amount changed 810 Water and sewer, political subdivisions, etc., authorized to retain amounts on, etc. 1045 CONVENIENCE WAREHOUSE ACT OF 1975 Enacted 1156 CORDELE OFFICE BUILDING AUTHORITY Certain restrictions provided, etc. 4395 CORONERS Fees increased (66,000-73,000) 4505 Salaries changed (19,300-20,000) 4513 CORPORATIONS Business, code amended 583 Late filing penalty, certain, reduced 778 Secretary of State authorized to grant certain charters; proposed amendment to the Constitution 1689 CORRECTIONAL INDUSTRIES Administration act amended, composition changes 519 Amended, certain inmate compensation provided, etc. 1163 CORRECTIONS, STATE BOARD OF See State Board of Corrections. COUNTIES Alcoholic beverages, certain, may be consumed on premises, etc. (145,000-165,000) 2806 Automatic return of property for taxation provided, etc. (municipalities of 15,000 in counties of 59,000-60,000) 701 Board of commissioners, expense allowance provided (5,900-6,000) 4536 Boards of education, Member qualifications provided (400,000-500,000) 828 Board of elections provided (18,200-18,300) 4506 Board of elections provided, etc. (55,110-56,000) 2538 Board of equalization, member provisions changed (180,000-190,000) 1732 Board of equalization, member selection changed, etc. 1090

Page 1952

Branch banking in certain adjacent counties provided (400,000 or more) 474 Building inspectors, certain authorizations provided, etc. (600,000 or more) 4531 Certain sinking fund investments authorized, proposed amendment to the Constitution 1673 Confederate soldiersRelief to, act repealed 688 Coroners fees increased (66,000-73,000) 4505 Coroners salaries changed (19,300-20,000) 4513 Correctional institutions, State authorized to pay for 908 County line provisions changed, etc. 394 County purchasing agent provisions changed 1147 Courts, clerks of, bonds increased 925 Depositories, certain authorized 696 District attorneys, certain assistant, salaries changed (54,500-58,000) 1111 Elections supervisor, provisions changed (500,000 or more) 4512 Eminent domain, fee simple interest authorized (containing city of 250,000 or more) 1148 Employees, residency restrictions, prohibition provided 1576 Federal community disaster loans authorized, proposed amendment to the Constitution 1670 Garbage, etc., exceptions to act prohibiting certain dumping provided (600,000 or more; or adjacent 70,000) 869 Grand juries, certain, subpoena powers granted (400,000-600,000) 48 Health agencies, certain covered by workmen's compensation 1231 Homestead exemption applications eliminated, certain counties 4558 Interest on ad valorem taxes increased (Counties 600,000 or more, cities within of 400,000 or more) 4646 Intoxicating beverages, certain consumption authorized (400,000-600,000) 4535 Intoxicating beverages, may be consumed on premises, etc., referendum (180,000-190,000) 3128 Judge, compensation act repealed, certain 4511 Probate court judges, compensation fixed (185,000-190,000) 4534 Public utilities, certain law repealed 29 Roads, grants for, authorized, etc. 1079 Sales and use tax, authorized to levy, referendum 984 Sales and use tax, levy of certain excise taxes authorized, etc. 1002 School bus drivers regulated (400,000 or more) 4527 School funds, federal savings loan institutions, depositories authorized, etc. 696 Sheriffs, compensation changed (500,000 or more) 4510 Sheriffs, etc., salaries provided (10,600-10,900) 4537

Page 1953

Sheriffs, minimum salaries changed 521 Sheriff's office, certain, salary changed 4555 Sheriff's personnel, salaries supplemented (27,300-28,600) 1887 Small claims court, population figures changed, etc. (27,000-28,000) 4551 Sold signs authorized on certain residential property, etc. (400,000-500,000) 4533 State court judges, salaries provided (6,513-6,600) 4532 Superior courts certain, assistant district attorneys, expenses provided 821 Superior court clerks, cost changes, etc. (600,000 or more) 1150 Superior court clerks, deputies of, salaries fixed (18,100-18,250) 2913 Superior court clerks, salaries changed (185,000-190,000) 2859 Tax commissioners, salaries of deputies fixed (18,100-18,250) 2912 Tax notices, certain information required on, etc. 1083 Tax returns, time for making changed (15,000-15,500) 526 Taxes, etc., refund of overpayments authorized, etc. 774 Taxes, installments date changed (350,000-600,000) 1085 Treasurer emeritus, established (150,000-165,000) 4529 Water and sewer contracts, authorized to retain amounts on, etc. 1045 Water and sewerage services, prior approval necessary before increases authorized (145,000-165,000) 4558 COUNTY BOARDS OF EQUALIZATION Member selection provisions changed, etc. 1090 COURT REPORTERS Judicial council authorized to fix fees 852 COWETA COUNTY Ad valorem taxation exemptions provided, certain, proposed amendment to the Constitution 1700 Board of Education, certain contracts authorized; proposed amendment to the Constitution 1692 Justices of the peace courts abolished, etc.; proposed amendment to the Constitution 1704 CRAWFORD COUNTY Board of commission members, salary changes 3380 Deputy sheriffs, salaries changed 3373 Treasurer, salary changed 3371 CRAWFORDVILLE, CITY OF Reincorporated 2986

Page 1954

CREDIT Discrimination related to, etc., prohibited 772 CRIMES Bad check issuance, defined, etc. 482 Firearms prohibited at polling places, exemptions provided 807 Husband-wife, certain acts repealed requiring prosecutions 815 Litter law violations, cash bonds provided, etc. 845 Masturbation for hire prohibited, etc. 402 Motor vehicles, certain suspension system alteration 763 Obscene material provisions changed, etc. 498 Odometer tampering prohibited 754 Reproductions of recorded material, unauthorized, prohibited, etc. 44 Shoplifting, criminal intent specified 876 Shopping carts, certain removal, penalized, etc. 848 Smoking in certain public places prohibited 45 Telecommunication services, avoidance of payment for penalized 1534 Unlawful practice of law, penalty increased 755 Witnesses, certain influencing of prohibited 34 CRIMINAL PROCEDURE Arrest, degree of force used to effectuate certain, provided, etc. 1209 Children, commitment of certain to Department of Corrections, act is repealed 184 District attorneys may grant immunity from prosecutions, etc. 727 Youthful offender act, amended, sentencing provisions clarified 900 CRISP COUNTY Certain bond issuance authorized; proposed amendment to the Constitution 1693 CUSSETA, CITY OF New Charter 3617 D DADE COUNTY Commissioner, personnel salary changes 3227 Probate court, personnel salary changes 3225 Sheriff, budget provisions changed 2969

Page 1955

Superior court, court reporter, salary changed 534 Superior court, deputy clerk, salary changed 3230 Tax Commissioner, salary changed, etc. 3221 DANIELSVILLE, CITY OF Charter amended, terms changed 3569 DEATH Determination criteria provided 1629 DECATUR COUNTY Civil, criminal court, judge, solicitor, salaries changed 3454 Hospital authority, members, appointment of, provided, referendum 4087 Tax commissioner, salary changed 3452 DECEPTIVE PRACTICES Fair Business Practices Act enacted 376 DEEDS Security, foreclosure information recording provided 422 Security secondary, interest provisions changed 1114 Security, transfer fee authorized, etc. 370 Transfer tax, inapplicable in certain husband-wife transaction 782 DEEP DRILLING, GAS, AND OIL, ACT OF 1975 Enacted 966 DeKALB COUNTY Board of education, districts changed, referendum 2752 Demolition of certain structures authorized, etc. 3927 Garbage, etc.; certain contracts authorized; proposed amendment to the Constitution 1695 Justices of the peace study committee created 4542 Oglethorpe housing development authority act, new title, etc. 3053 Recorder's court, marshall appointment provisions changed 3660 School property utilization study committee created 4540 State court, investigators provided, etc. 2728 DeKALB COUNTY OGLETHORPE HOUSING DEVELOPMENT AUTHORITY ACT New title provided, etc. 3053

Page 1956

DENTAL HYGIENISTS Age requirements changed 832 DEPARTMENT OF ADMINISTRATIVE SERVICES Area planning and development commissions, authorized to purchase through State, etc. 735 DEPARTMENT OF CORRECTIONS Commitment of certain children to, act repealed 184 Prisoners, leave authorized for special community programs, etc. 898 , 910 Purchase of goods, etc. from, provision clarified 488 DEPARTMENT OF HUMAN RESOURCES Reorganization by governor, authorized 1211 DEPARTMENT OF INDUSTRY AND TRADE Bureau of, provided, etc. 682 Membership provided 1299 DEPARTMENT OF LABOR Appropriation, supplemental 766 Employees, travel expense payment authorized 198 Perjury penalty provided 198 DEPARTMENT OF LAW Investigative powers clarified 883 Reorganization act, amended 879 DEPARTMENT OF OFFENDER REHABILITATION Supplemental appropriations 5 DEPARTMENT OF PUBLIC SAFETY Uniform division provided 1115 DEPARTMENT OF REVENUE Attorney general to furnish legal services for 722 DEPOSITORIES County school funds, provided 696 DESCENT AND DISTRIBUTION Adopted children, inheritance from relatives of adopting parents provided 797

Page 1957

DETECTIVES, PRIVATE Act amended 785 DEVELOPMENT AUTHORITIES LAW Amended 1259 DIRECTOR OF CORRECTIONS Purchase of goods from, provisions clarified 488 DISCRIMINATION Credit discrimination, etc., prohibited 772 DISTRESS WARRANTS New sections enacted 1514 DISTRICT ATTORNEY Assistants, payment of certain expenses provided 821 Certain, assistant, salaries changed (54,500-58,000) 1111 Emeritus, retirement act amended 1632 Immunity from prosecutions, etc., district attorneys may grant 727 Uniform reciprocal enforcement of support act, certain representation provided, etc. 781 DIVORCE Real property transfer tax, inapplicable to husband-wife transfer 782 DODGE COUNTY Board of education, election directed, referendum 3031 Commissioner, salary increased, etc. 4441 DOERUN, CITY OF New charter 4690 DOOLY COUNTY Prisoner feeding provisions changed 3934 DODGE COUNTY Superior court clerk, etc., salary changed 4444 DORAVILLE, CITY OF See also tabular indexMunicipalities, Home Rule, Amendments .

Page 1958

DOUGHERTY COUNTY (Albany); payroll development authority act amended 3172 Board of commissioners, method of electing chairman changed, etc. 2656 Books authorized 1575 County administrator provided 2651 DOUGHERTY JUDICIAL CIRCUIT Books authorized 1575 DOUGLAS COUNTY Assistant district attorney, office created 437 Board of commissioners, membership increased, etc., referendum 2506 Board of commissioners, recall provisions made 2512 Board of commissioners, vacancy provisions changed 2516 Recall of certain county officers provided; proposed amendment to the Constitution 1677 DOWNTOWN ATHENS DEVELOPMENT AUTHORITY Established; proposed amendment to the Constitution 1698 DOWNTOWN LaGRANGE DEVELOPMENT AUTHORITY ACT Enacted 2623 DOWNTOWN NEWNAN DEVELOPMENT AUTHORITY Proposed amendment to the Constitution 1675 DOWNTOWN WAYCROSS DEVELOPMENT AUTHORITY ACT Enacted 4637 DRIVER'S LICENSING ACT Enacted 1008 DRUG AND COSMETIC ACT Amended, labeling of certain drug required 691 DRUGS Dangerous, manufacturer authorized to give practitioner on condition, etc. 690

Page 1959

Labeling of certain required 691 Marijuana, certain distribution of, prohibited, etc. 1112 Marijuana conveyances, forfeiture provided 919 E EARLY COUNTY Coroner placed on salary, etc. 2535 State court, salary of judge changed 2530 Tax Commissioner, salary changed 2532 EAST DUBLIN, TOWN OF Charter amended, election provisions changed 4449 EAST POINT, CITY OF Business and industrial development authority created; proposed amendment to the Constitution 1705 ECHOLS COUNTY Additional judge provided 185 Board of commissioners, salaries changed 3662 Sheriff, salary changed 3664 ECONOMIC REHABILITATION ACT OF 1975 Enacted 1645 ECONOMY, REORGANIZATION AND EFFICIENCY Resolution amended 1327 EDISON, CITY OF New charter 3489 EDUCATION Adequate program for, act amended 539 Age, for beginning school changed 685 Boards of, member qualifications provided (400,000-500,000) 828 Extracurricular activities, etc., funds authorized for 94 Isolated schools, provisions made for 35 Private college student grants increased 1161 , 1320 Pupil transportation expense provisions changed, etc. 369 School bus drivers, sick leave allotment, provisions made for, etc. 812 School employees, health insurance authorized 1194

Page 1960

Schools, traffic safety study provided, etc. 820 State board, etc., authorized to purchase liability insurance 1181 Student attending private colleges, grants to, act amended 1161 , 1320 Teachers, allotment provisions changed 1139 Teachers, certain employment prohibited 1537 Teachers, certification requirements provided, etc. 181 Teacher contracts, grounds for termination defined, etc. 360 Teachers, health insurance plan provided, etc. 37 EFFINGHAM COUNTY State court, judge, salary changed 3322 ELECTIONS Board of provided, certain (18,200-18,300) 4506 Board of provided, certain (55,110-56,000) 2538 Campaign and financial disclosure act amended 1120 Candidates, certain, ineligible for write-in candidacy in run-offs 867 Certain cities, poll closing time changed (300,000 or more) 769 Firearms prohibited at polling places except by certain peace officers 807 Judicial officers, certain, certain nonpartisan, authorized 1251 Municipal, absentee ballots required, etc. 888 Municipal, provisions for holding at general election made 872 Nomination petitions, provisions changed 861 Presidential preference primary act amended 1223 , 1249 Primary date fixed 575 Provisions made for holding municipal primaries at general election 872 Qualifying with more than one party prohibited, etc. 686 Recount, automatic, certain, provided 806 Registration list, closing, provided, etc. 803 Special, authorized at general elections 808 Supervisor, provisions changed (500,000 or more) 4512 ELECTRIC MEMBERSHIP CORPORATION ACT Amended, director compensation authorized 783 ELECTRICAL CONTRACTORS ACT, GEORGIA Amended, rules authorized, etc. 1228

Page 1961

ELECTRICITY Certain billings for, provided, etc. 574 Company, suspension of service for nonpayment on appliances, prohibited 849 ELLENTON, CITY OF New charter 3073 EMANUEL COUNTY Board of commissioners, expense provisions changed 3843 Small claims court created 4341 EMINENT DOMAIN Agrirama development authority, granted right of, etc. 713 Fee simple interest authorized (Counties containing city of 250,000 or more) 1148 Public roads, provisions changed 812 Special master, compensation changed 27 EMPLOYEES' RETIREMENT SYSTEM ACT Amended, Ga. Federal-State Shipping Point Inspection Service, employees included, etc. 1494 Amended, natural resources law enforcement personnel, certain disabilities of, included 1499 State properties commission, employees, included within 1092 EMPLOYMENT SECURITY LAW Amended 9 , 11 EQUINE ACT, GEORGIA See Georgia Equine Act . EROSION AND SEDIMENTATION ACT OF 1975 Enacted 994 EVANS COUNTY Multi-city water and sewerage authority act 3033 Superior court terms changed 4649 EXECUTIVE CENTER FINE ARTS COMMITTEE Created 212

Page 1962

F FAIR BUSINESS PRACTICES ACT OF 1975 Enacted 376 FAIRMOUNT, CITY OF New charter 3136 FANNIN COUNTY Board of commissioners, duties changed, etc. 2815 Probate court, personnel provided 4363 Sheriff, salary changed, etc. 4482 FARMERS MARKETS Provisions changed 396 FEDERAL SAVINGS AND LOAN ASSOCIATIONS Certain political subdivisions, investments in authorized, proposed amendment to the constitution 1673 Etc., interest, charges for on certain loans authorized 47 State depositories, certain collateral approved 917 FINANCIAL INSTITUTIONS CODE Amended 445 FIREMAN Indemnification program provided; proposed amendment to the Constitution 1683 FISCAL NOTE ACT, GEORGIA Enacted 1568 FISHING Commercial boats, confiscation of, provisions changed, etc. 428 Commercial license provisions changed 424 FLINT JUDICIAL CIRCUIT Additional judge provided, etc. 760 FORSYTH COUNTY Water and sewerage authority act 3767

Page 1963

FORT OGLETHORPE, TOWN OF Charter amended, public use area created, etc. 3358 Recognized as urban incorporated municipality 4545 FOX THEATRE Building resolution 1487 FRANKLIN COUNTY Sheriff, prisoner feeding provisions changed 4089 FREEPORT TAX STUDY COMMITTEE Created 1496 FULTON COUNTY Certain waiver of government immunity provided 3050 Civil court, appeal provisions changed 3761 Civil court, cost deposit changed 4651 Criminal court, solicitors salaries fixed 2812 Director of traffic violations bureau, etc., salary changes 3185 Judges and solicitor, certain courts, retirement act amended 3181 Land conveyance to authorized 1613 Retirement, military credit provided 3066 FUNERAL EXPENSES Made claim against estate of decedent 711 FUNERAL SERVICES, BOARD OF, ACT Amended 1152 FUNSTON, CITY OF New charter 4044 G GAMBLING Certain advertisements of prohibited, etc. 1072 GAME AND FISH Bait shrimping provisions changed 425 Commercial fishing boats, confiscation provisions changed, etc. 428

Page 1964

Commercial fishing license provisions changed 424 License inspection by rangers, refusal penalized 1290 Wildlife, disposal of contraband, changed provisions 1288 GARBAGE Etc., exceptions to act prohibiting certain dumping provided (600,000 or more; or adjacent 70,000 869 GARNISHMENT Affidavit, certain, provided 1291 GAS Certain billings for, provided, etc. 574 Company, suspension of service for nonpayment on appliances, prohibited 849 Pipes, underground, blasting, etc., requirements changed 417 GAS, AND OIL, AND DEEP DRILLING ACT OF 1975 Enacted 966 GENERAL APPROPRIATIONS ACT Amended 216 , 1734 Enacted 1333 GENERAL ASSEMBLY Administrative floor leader, compensation changed, etc. 155 State officials, etc., compensation bills must have fiscal notes attached 770 GEO. L. SMITH II GEORGIA WORLD CONGRESS CENTER ACT Amended, legislative members removed, etc. 435 Authority overview committee created 179 GEOLOGIST ACT, REGISTRATION OF Enacted 163 GEORGIA AGRIRAMA DEVELOPMENT AUTHORITY Amended, certain tax exemption provided 842 Amended, eminent domain power granted, etc. 713 Membership enlarged 523 GEORGIA BOAT SAFETY ACT Amended, flotation devices 773

Page 1965

GEORGIA BUILDING AUTHORITY ACT Amended, executive center fine arts committee created 212 Amended, selling goods in state buildings prohibited, etc. 885 GEORGIA BUSINESS CORPORATION CODE Amended 583 GEORGIA CHARITABLE TRUST ACT Amended 1527 GEORGIA CIVIL DEFENSE ACT Amended 1262 Amended, emergency powers granted 1551 GEORGIA CODE OF PUBLIC TRANSPORTATION ACT Amended 1159 GEORGIA COMMISSION FOR NATIONAL BICENTENNIAL CELEBRATION ACT Amended 492 GEORGIA CONDOMINIUM ACT Enacted 609 GEORGIA CONTROLLED SUBSTANCES ACT Amended, Marijuana conveyances, forfeiture provided 919 GEORGIA CORRECTIONAL INDUSTRIES ACT Amended, certain inmate compensation provided, etc. 1163 Amended, composition changes 519 GEORGIA DRUG AND COSMETIC ACT Amended, labeling of certain drug required 691 GEORGIA ELECTRICAL CONTRACTORS ACT Amended, rules authorized, etc. 1228 GEORGIA EQUINE ACT Amended 1138

Page 1966

GEORGIA FEDERAL-STATE SHIPPING POINT INSPECTION SERVICE Employees included in state retirement system 1494 GEORGIA FISCAL NOTE ACT Enacted 1568 GEORGIA FOREIGN MONEYJUDGMENTS RECOGNITION ACT Enacted 479 GEORGIA INDUSTRIAL LOAN ACT Amended 1247 Amended, maximum loan period changed, etc. 393 GEORGIA LAND SALES ACT Amended 484 GEORGIA MOTOR VEHICLE ACCIDENT REPARATIONS ACT Amended 3 Amended, Minimum insurance provisions changed, etc. 1202 Amended, Notification of cancellation, provisions made 516 GEORGIA PEACE OFFICERS STANDARDS AND TRAINING ACT Amended 1165 GEORGIA POLICE ACADEMY ACT Amended 1175 GEORGIA POWER COMPANY Land conveyance to authorized 1591 GEORGIA PRESIDENTIAL PREFERENCE PRIMARY ACT Amended 1223 , 1249 GEORGIA PRIVATE DETECTIVE AND PRIVATE SECURITY AGENCIES ACT Amended 785

Page 1967

GEORGIA PRODUCTIVITY CENTER Designated 925 GEORGIA PUBLIC ASSISTANCE ACT Amended, overpayment recoveries provided, etc. 477 GEORGIA RECORDS ACT Amended 675 GEORGIA RESIDENTIAL FINANCE AUTHORITY Name change, etc. 1651 GEORGIA RETAILERS' AND CONSUMERS' SALES AND USE TAX ACT Amended, certain levy of certain excise taxes authorized, etc. 1002 Amended, certain municipalities, counties, authorized to levy local sales and use tax, referendum, etc. 984 Amended, deduction provisions clarified 101 Amended, delinquent taxes, interest on increased 162 GEORGIA SCENIC TRAILS ACT Amended, department defined, etc. 799 GEORGIA SECURITIES ACT Amended, certain terms redefined, etc. 928 GEORGIA SPECIAL ADULT OFFENDER ACT OF 1975 Enacted 1312 GEORGIA STATE SPEECH PATHOLOGY AND AUDIOLOGY LICENSING ACT Amended 1650 GEORGIA WARM SPRINGS HOSPITAL Surplus funds, provisions for 1605 GEORGIA WORLD CONGRESS CENTER ACT Amended, legislative members removed, etc. 435 Authority overview committee created 179

Page 1968

GILMER COUNTY Commissioner, salary changed, etc. 4042 Sheriff, salary changed, etc. 4040 Superior court clerk placed on salary 4386 GLYNN COUNTY Sheriff's office, personnel provisions changed 3726 Tax commissioner's deputy, salary changed, etc. 3670 GORDON, CITY OF Charter amended, election provisions changed 3028 GORDON COUNTY Board of commissioner created, referendum 2719 Commissioner, salary changed 2717 Sheriff, salary changed, etc. 2715 Superior court clerk, etc., salary changed 2711 Tax commissioner, salary changed 2713 GOVERNMENTAL OFFICE Witnesses, certain influence of prohibited 34 GRADY COUNTY Land conveyance to, authorized 1501 Sheriff, salary changed, etc. 4724 GRAND JURY Maximum number drawn, changed 809 Peace officers, appearance before indictment authorized 607 Public officers, unsworn statement to, abolished 1325 Subpoena powers granted (400,000-600,000) 48 GREENE COUNTY Board of education, terms staggered, etc., referendum 4270 Small claims court created, etc. 2666 Superior court, reporters, expense allowance provided 1303 GROVELAND LAKE DEVELOPMENT AUTHORITY ACT Repealed 1147 GWINNETT COUNTY Public facilities authority act 4463 Recreation authority act 3108

Page 1969

H HABEAS CORPUS ACT Amended 1143 HABERSHAM COUNTY Certain terms of court changed 729 HALL COUNTY See also tabular indexCounties, Home Rule Amendments. Board of commissioners, terms changed, referendum 3574 State taxes, certain, installments provided 3339 HAMPTON, CITY OF New charter 4092 HANCOCK COUNTY Superior court, reporters, expense allowance provided 1303 Tax commissioner, salary changed, etc. 2967 HANDICAPPED PERSONS Blind, visually handicapped, equal public accommodations provided, etc. 1639 HARALSON COUNTY Assistant district attorney, office created 437 Commissioner, salary changed 4218 Probate court, salary of clerk changed 4224 Sheriff, deputy, salary changed 4222 Tax commissioner, personnel salary changes 4220 Treasurer, salary changed 4216 HARRIS COUNTY Board of education, election of members provided, etc., referendum 2960 Coroner, salary changed 4365 Small claims court, jurisdictional amounts changed 4367 HEALTH Ambulance insurance, condition precedent to license 916

Page 1970

Certain agencies, covered by workmen's compensation act 1231 Inspection warrants, provided 693 Laws study committee created 1329 Mentally ill, consent provisions changed, etc. 704 Mentally ill, hearings, expenses changed 719 HEARD COUNTY Commissioner, office created, referendum 4433 HELEN, CITY OF Charter amended, alcoholic beverages, tax authorized on, etc. 3571 HENRY COUNTY Additional judge provided, etc. 760 Deputy sheriff, salary provisions changed 4131 Development authority act amended 2833 School superintendent, annual report requirement removed 4129 HERITAGE TRUST ACT OF 1975 Enacted 962 HISTORICAL GRANTS Municipalities, to, authorized 1006 HISTORY Certain, required in University System 1140 HOGANSVILLE, CITY OF Charter amended, corporate limits changed 2860 HOLIDAYS Time for observing changed 368 HOLLAND, J. FRED Compensation provided 4517 HOME RULE ACT, MUNICIPAL Amended, compensation provisions, certain, changed 28 HOMERVILLE, CITY OF Charter amended, election provisions changed, etc. 3968

Page 1971

HOMESTEAD EXEMPTIONS Applications eliminated, certain counties 4558 HONEYBEE Designated as official state insect 927 HOSPITALS Medical review committee, records deemed confidential, etc. 739 Authorities, state grants to authorized, etc. 777 HOUSTON COUNTY Coroner, salary changed 2599 Hospital authority, provisions for filling vacancies made 2601 Perry redevelopment authority act 2902 State court created, etc. 2584 HUMAN RESOURCES, DEPARTMENT OF See Department of Human Resources. HUSBAND AND WIFE Certain acts requiring prosecutions repealed 815 Certain transfer tax inapplicable 782 I IMMUNITY FROM PROSECUTIONS District attorneys may grant, etc. 727 INDUSTRY AND TRADE, DEPARTMENT OF See Department of Industry and Trade. INHERITANCE Adopted children, may inherit from relatives of adopting parents 797 INSTRUMENTS Cancellation of, provided 1134 INSURANCE Accident and sickness policies, certain circumstances for inapplicability provided, renewal premiums 415

Page 1972

Accident reparations act amended, minimum insurance provisions changed, etc. 1202 Agents, etc., probation, etc., authorized 1245 Ambulance, condition precedent to license provided 916 Applied psychologists, group policies, provisions changed 576 Casualty, apportionment of certain, provided, etc. 1192 Group, applied psychologist provisions changed, etc. 576 Group policies of accident and sickness insurance, certain coordination of benefits prohibited 443 Health insurance plan for teachers provided 37 Holding company systems, additional standards provided, etc. 1238 Industrial and commercial, cancellation time limit, provisions changed 1242 Legal services, prepaid plans authorized 1268 Motor vehicle accident reparations act amended 3 Motor vehicle accident reparations act, cancellation notification, provisions changed 516 Motor vehicle insurance provisions changed, etc. 1202 Nonresident adjusters, licensing provided, etc. 1232 Riot Reinsurance reimbursement fund provided, etc. 22 School employees, health insurance authorized 1194 State board of education, etc., liability insurance, purchase of, authorized 1181 Uninsured motorist coverage act, amended, etc. 1221 INSURANCE PREMIUM FINANCE COMPANY ACT Amended 1234 INTEREST Ad valorem, increased (counties 600,000 or more, cities within of 400,000 or more) 4646 Charges for interest on certain loans authorized 47 Income tax, interest provisions changed 156 Industrial loan act amended, maintenance changes excluded from interest rate limitation 393 Legal contract rate changed, etc. 370 Real estate loans, long term, calculation of, changed 153 Secondary security deeds, provisions changed 1114 Tax executions, maximum rate provided 811 Unliquidated damages, limitation on removed 395 Unpaid taxes, date when interest commences changed, etc. 1252 Unpaid taxes, rate on changed 835 INTERSTATE CIVIL DEFENSE AND DISASTER COMPACT ACT Amended 1186

Page 1973

INTOXICATING BEVERAGES Certain consumption authorized (400,000-600,000) 4535 Consumption on premises, certain counties and municipalities, etc., referendum 3128 Malt, destruction of contraband authorized 1210 May be consumed on premises, certain, etc. (145,000-165,000) 2806 Retail licenses, quantity limitation provided, etc. 607 IRWIN COUNTY Board of commissioners, personnel changes, etc. 3700 Deputy sheriff, salary changed, etc. 3703 J JACKSON, CITY OF Charter amended, corporate limits changed 4357 JAKIN, CITY OF New charter 3730 JAMES H. SLOPPY FLOYD STATE PARK Named 1616 JASPER COUNTY Superior court, court reporters, expense allowance provided 1303 Tax commissioner, placed on salary, etc. 2768 JEFF DAVIS COUNTY Board of commissioners, school superintendent, audit provisions changed 3852 JEFFERSON COUNTY State court judge, salary changed, etc. 3615 Superior court clerk placed on salary 3612 JESUP, CITY OF See also tabular indexMunicipalities, Home Rule Amendments . JOHN HENRY LANE, JR. Bridge designated 4539

Page 1974

JOHNSON COUNTY Deputy sheriff, salary changed 3765 Tax collector, salary changed 3764 Tax receiver, salary changed 4497 JOINT MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM ACT Amended, definition of employee changed 1005 JOINT-SECRETARY, STATE EXAMINING BOARDS Certain authorizations provided, etc. 412 JONES COUNTY Probate court judge placed on salary 2796 Small claims court, jurisdiction changed, etc. 3561 Superior court, reporters, expense allowance provided 1303 JUDGES Certain nonpartisan elections authorized 1251 Sentencing, certain notification of by Pardons and Paroles board provided 793 JUDGMENTS Foreign money judgments recognition act 479 Interlocutory appeals provided on petition, etc. 757 JUDICIAL COUNCIL OF GEORGIA Court reporter fees, authorized to fix 852 JUNIOR COLLEGE ACT Amended 522 JURISDICTION Land, retrocession of jurisdiction of land from U.S. authorized 1301 JURY Commissioners, appointment provisions changed 826 Of six, certain authorized 1331 Mechanical selection provided, etc. 825 Women, provisions related to change, etc. 779 JUVENILE COURTS Judge, compensation act repealed, certain 4511

Page 1975

K KENNESAW, CITY OF Charter amended, election provisions changed 3019 Land lease authorized 1572 KNOX, ALFRED L. Compensation provided 4520 L LABOR See Department of Labor. LaGRANGE, CITY OF Easement conveyance authorized to 1607 LaGRANGE, DOWNTOWN DEVELOPMENT AUTHORITY ACT Enacted 2623 LAMAR COUNTY Additional judge provided 760 Probate court, judge, salary changed, etc. 3365 Small claims court created 3464 Tax commissioner, salary changed, etc. 3362 LANE, JOHN HENRY, JR. Bridge designated 4539 LAND SALES ACT, GEORGIA Amended 484 LAURENS COUNTY Board of commissioners, salaries changed 4485 State court, secretary provided 4447 LAW, DEPARTMENT OF See Department of Law. LAW ENFORCEMENT OFFICERS Indemnification program provided; proposed amendment to the Constitution 1683

Page 1976

LEARY, CITY OF New charter 4401 LEDET, DAVID Compensation provided 4524 LEE COUNTY Sheriff, salary changed, etc. 2839 Tax commissioner, office created 2842 Treasurer, salary changed 3337 LEGAL ADVERTISEMENTS Fees changed 52 LEGAL SERVICES Insurance, prepaid plans, authorized 1268 LIBERTY COUNTY Board of commissioners, salary changes 3718 Sheriff, salary changed, etc. 2790 Small claims court created 3706 State court, judge, salary changed, etc. 3786 Tax commissioner, salary changed 3862 LICENSES Ambulance insurance, condition precedent to 916 Marriage, age verification, driver's license use authorized 1298 Nonresident insurance adjusters, provisions for, etc. 1232 Professional sanitarians, provisions changed 801 Refund of overpayments, etc., authorized 774 LILBURN, CITY OF See also tabular indexMunicipalities, Home Rule Amendmens. Charter amended, election procedures changed 4033 LINCOLN COUNTY Board of commissioners, chairman, salary changed 4012 Sheriff, salary changed 4007 LINGEFELT, ROY M. Compensation provided 4522

Page 1977

LITTER LAW VIOLATIONS Cash bonds provided, etc. 845 LOCAL GOVERNMENTS: Public utilities, certain use law repealed 29 LOCUST GROVE, TOWN OF Charter amended, mayor, term changed 4504 LONG COUNTY Board of commissioners, clerk, salary changed 3369 Board of commissioners, operating budget provided 3367 Probate court, judge placed on salary, etc. 4022 Superior court clerk placed on salary 4028 Tax commissioner, office created 4025 LOOKOUT MOUNTAIN JUDICIAL CIRCUIT Court reporter, salary changed 523 LOUISVILLE, CITY OF Charter amended, qualifying fees changed 3188 LOVEJOY, CITY OF New charter 2862 LOWNDES COUNTY Additional judge provided 185 Board of commissioners, county manager provided 2565 Historical interest real property, certain, exempted from certain ad valorem taxation; proposed amendment to the Constitution 1702 State Court, judge, compensation changed, etc. 2569 LUMPKIN, TOWN OF Charter amended, use of certain funds for utilities provided 2965 M MACON, CITY OF See also tabular indexMunicipalities, Home Rule Amendments. Board of water commissioners abolished, referendum 3349

Page 1978

Charter amended, aldermen, election from districts provided, etc. 2799 MADISON, CITY OF Charter amended, recorded authorized, etc. 2677 MALT BEVERAGES Contraband, destruction of authorized 1210 MARCONA TERMINAL COMPANY Conveyance of easement in certain Chatham County land to, authorized 104 MARIETTA, CITY OF Charter amended, civil services board membership changed, etc. 4670 Charter amended, corporate limits changed 2706 MARION COUNTY Sheriff, salary changed, etc. 3481 Tax commissioner, salary changed 3484 MARRIAGES Certain acts repealed requiring prosecutions 815 MASTER AND SERVANT Deceased employees, wage payment to survivors, amount of increased 1191 MASTURBATION FOR HIRE, ETC. Prohibited 402 McDUFFIE COUNTY Small claims court; cost changes, etc. 3312 McINTOSH COUNTY Deputy sheriffs, salaries changed 3644 Superior court clerk, assistant to, salary changed 3932 MECHANICS' LIENS Foreclosure of provided, etc. 489

Page 1979

MEDICAL REVIEW COMMITTEE Records deemed confidential, etc. 739 MENTALLY ILL Care and treatment of, consent provisions changed, etc. 704 Hearings, expenses changed 719 MENTALLY RETARDED OFFENDER ACT OF 1975 Enacted 567 MERIWETHER COUNTY Land lease authorized 1532 Probate court, clerk of judge, salary changed 2522 Sheriff, salary changed 2579 Superior court clerk, salary changed, etc. 2520 Water and sewerage authority act, enacted 3194 METROPOLITAN ATLANTA RAPID TRANSIT OVERVIEW COMMITTEE Terms of chairman provided 31 METROPOLITAN RIVER PROTECTION ACT Amended 837 MIDDLE GEORGIA COLISEUM AUTHORITY ACT Amended, revenue bonds increased, etc. 2807 MILLEDGEVILLE, CITY OF Charter amended, corporate limits changed 2740 MILLEN, CITY OF Conveyance of land to authorized 1511 MILLER COUNTY Board of commissioners, probate court judge removed as member, etc. 2575 Probate court, judge placed on salary 2572 Sheriff, salary changed 2551 State court, solicitor placed on salary 2549 Superior court clerk, placed on salary, etc. 2545 Superior court clerk, relieved of certain duties, etc. 2542 Superior court terms changed 4511

Page 1980

MOBILE HOMES Uniform standards code amended 1557 MONROE, CITY OF Charter amended, certain community antenna television services authorized 3676 MONROE COUNTY Additional judge provided, etc. 760 Small claims court, substitute judge, provisions for changed, etc. 3552 MONTGOMERY COUNTY Land conveyance authorized 1525 Tax commissioner, salary determination provided 3966 MORGAN COUNTY Superior court clerk, etc., salary changes 2682 Superior court, reporters, expense allowance provided 1303 MORROW, CITY OF See also tabular indexMunicipalities, Home Rule Amendments. MORTGAGE FORECLOSURE ON PERSONALTY Provision deleted 1213 MOTOR COMMON CARRIERS Provisions, certain, changed 836 MOTOR CONTRACT CARRIERS Act amended, certain exemptions made 1190 Act, provisions, certain, changed 836 MOTOR FUEL TAX Certain exemptions for nonhighway use changed 414 Exemption provided 873 Revenue study commission created 1621 MOTOR VEHICLES Abandoned, sale of, provisions changed 913 Accident reparations act amended 3 Accident reparations act, amended, cancellation notification, provisions made for 516

Page 1981

Accident reparations act amended, minimum insurance provisions changed, etc. 1202 Automobile tags, certain, free to certain veterans 720 Certificate of title act amended 1596 Controlled access highways, removal after stoppage 1286 Dealer's inventory, classified for taxation 183 Driver's licensing act 1008 Flashing red lights, certain use authorized 1188 Franchise practice act amended, compensation of dealers for warranty service provided 914 Franchise practices act, amended, registration, failure to renew, penalty provided, etc. 911 House trailer, towed, riding in prohibited 1202 Inspections, arrest provisions changed, etc. 874 Mechanics' liens, foreclosure of provided, etc. 489 Motor contract carriers, motor common carriers, provisions changed 836 Odometer tampering prohibited 754 Red lights, certain, traffic may turn right on 496 Roads, excess weight provisions amended, portable buildings 400 Speed restrictions provided, etc. 1582 Suspension system alteration, certain, prohibited 763 MOTOR VEHICLE FRANCHISE ACT Amended, compensation of dealers for warranty service provided 914 Amended, registration, failure to renew, penalty provided, etc. 911 MOUNTAIN JUDICIAL CIRCUIT Certain terms of court changed 729 MULL, WILLIAM Easement conveyance to authorized 1605 MULTI-CITY WATER AND SEWERAGE AUTHORITY ACT Enacted 3033 MUNICIPAL ELECTRIC AUTHORITY ACT Amended 1200 Enacted 107

Page 1982

MUNICIPAL HOME RULE ACT Amended, compensation provisions, certain, changed 28 MUNICIPALITIES Automatic return of property for taxation provided, etc. (municipalities of 15,000 in counties of 59,000-60,000) 701 Certain sinking fund investments authorized, proposed amendment to the Constitution 1673 Election provisions changed, referendum (11,200-11,250) 1730 Elections, absentee ballots required, etc. 888 Elections, time of poll closing fixed (300,000 or more) 769 Employees, residency restrictions, prohibition provided 1576 Federal community disaster loans authorized, proposed amendment to the Constitution 1670 Historical grants to, authorized 1006 Interest on ad valorem taxes increased (counties 600,000 or more, cities within of 400,000 or more) 4646 Intoxicating beverages may be consumed on premises, etc.referendum (180,000-190,000) 3128 Poll closing time changed (300,000 or more) 769 Primaries authorized at general elections 872 Public utilities, certain law repealed 29 Retirement, annual statement, certain, required (500,000 or more) 3175 Retirement, certain credit provided (500,000 or more) 3176 Retirement, population figures changed (300,000 or more) 3177 Sales and use tax act, authorized to levy, referendum 984 Sales and use tax, levy of certain excise taxes authorized, etc. 1002 Tax notices, certain information required on, etc. 1083 Taxes, etc. refund of overpayments authorized, etc. 774 Water and sewer contracts, authorized to retain amounts on, etc. 1045 MUSCOGEE COUNTY Etc., certain incentives provided for industrial development; proposed amendment to the Constitution 1724 N NATIONAL BICENTENNIAL CELEBRATION ACT Amended 492

Page 1983

NATURAL RESOURCES ACT Amended, certain water transportation provided 866 Law enforcement personnel, certain disabilities of included in retirement system 1499 NEWNAN, CITY OF See also tabular indexMunicipalities, Home Rule Amendments. Downtown development authority; proposed amendment to the constitution 1675 NEWTON COUNTY Board of education, reconstituted, etc., referendum 3577 Local legislative study committee created 4547 Public defender, office abolished 2699 Tax payment time changed, etc.; proposed amendment to the Constitution 1684 NORWOOD, TOWN OF Charter amended, salary of mayor, etc., changed 3783 NURSING, PRACTICE OF New provisions made 501 O OBSCENE MATERIAL Criminal provisions changed, etc. 498 OCMULGEE JUDICIAL CIRCUIT Court reporters, expense allowance provided 1303 OCONEE COUNTY Board of commissioners, election changed, etc. 3105 ODUM, CITY OF Charter amended, city limits redefined 3922 OFFENDER ACT, ADULT SPECIAL Enacted 1312 OFFENDER, MENTALLY RETARDED, ACT Enacted 567

Page 1984

OFFENDER REHABILITATION Supplemental appropriations 5 OGLETHORPE, CITY OF New charter 2630 OIL AND GAS AND DEEP DRILLING ACT OF 1975 Enacted 966 ORCHARD HILL, TOWN OF Charter amended 2760 Charter amended, corporate limits changed, referendum 2771 OUTDOOR ADVERTISING AND JUNKYARD ZONING Certain, proposed amendment to the Constitution 1668 OUTREACH WORKERS Office of housing, authorized to provide 850 P PARDONS AND PAROLES See State Board of Pardons and Paroles. PAULDING COUNTY Assistant district attorney, office created 437 Board of commissioners created, referendum 2916 Law Library, furnishing books provided 4546 Water authority, quorum provisions changed 3845 PAYNE CITY Charter amended, election changes 3790 Charter amended, mayor, etc., salary provided 3788 PEACE OFFICERS Annuity and benefit fund, amended, fines and bond forfeiture amounts changed, etc. 578 Appearance before grand jury before indictment authorized 607 Certain, firearms at polling places authorized 807 Standards and training act, amended 1165 PEACH COUNTY Justices of peace, jurisdiction increased; proposed amendment to the Constitution 1690

Page 1985

Probate court, budget disputes, arbitration provisions changed 3376 Sheriff, budget arbitration provisions changed 4339 Superior court clerk, budget disputes, arbitration provisions changed 3374 Tax commissioner, budget disputes, arbitration provisions changed 3378 PEDDLERS Confederate soldiers, act granting privileges, repealed 689 PERRIN, CARL Compensation provided 4525 PERRY, CITY OF Charter amended, terms of officers changed, etc. 3332 Homestead exemption provisions changed, proposed amendment to the Constitution 1687 Redevelopment Authority Act 2902 PERRY REDEVELOPMENT AUTHORITY ACT Enacted 2902 PHARMACISTS Applications for qualification, provisions changed 97 PICKENS COUNTY Superior court clerk placed on salary 3697 PIKE COUNTY Tax commissioner, deputy, salary changed 3479 Tax commissioner, salary changed 3477 POLICE ACADEMY ACT, GEORGIA Amended 1175 POLITICAL SUBDIVISIONS Certain sinking fund investments authorized, proposed amendment to the Constitution 1673 Etc., water and sewer contracts, authorized to retain amounts on, etc. 1045 Federal community disaster loans authorized, proposed amendment to the Constitution 1670 Sales by public officers, etc., amount of changed 854

Page 1986

POLK COUNTY Assistant District Attorney, office created 437 Deputy sheriffs, salaries changed 3960 POOLER, TOWN OF Charter amended, corporate limits changed 4622 PORT WENTWORTH, CITY OF Charter amended, corporate limits changed 3190 , 3308 POWDER SPRINGS, CITY OF Charter amended, corporate limits redefined 4659 PRACTICE AND PROCEDURE Foreign money-judgments recognition act 479 Habeas corpus act amended 1143 Interlocutory appeals provided on petition, etc. 757 PRACTITIONER Dangerous drugs, manufacturer authorized to give on certain conditions, etc. 690 PRESIDENTIAL PREFERENCE PRIMARY ACT, GEORGIA See Georgia Presidential Preference Primary Act. PRISON GUARDS Indemnification program provided; proposed amendment to the Constitution 1683 PRISONERS Correctional industries act amended, certain compensation provided, etc. 1163 Correctional institutions, States authorized to pay counties for 908 Leave authorized for special community programs, etc. 898 , 910 PRIVATE COLLEGES Students attending, grants to, act amended 1161 , 1320 PROBATE COURTS Judge, bond increased 922 Judges, compensation fixed (185,000-190,000) 4534

Page 1987

PRODUCTIVITY CENTER, GEORGIA Designated 925 PROFESSIONAL ENGINEERS AND LAND SURVEYORS ACT Amended 1048 PROFESSIONAL SANITARIANS License provisions changed 801 PROPERTY Adverse possession of certain classes of property provided 725 PROSECUTING ATTORNEYS COUNCIL OF GEORGIA Created 1623 PSYCHOLOGIST, APPLIED Insurance policy provisions changed, etc. 576 PUBLIC ACCOMMODATIONS Blind and visually handicapped persons, provided, etc. 1639 PUBLIC ASSISTANCE ACT Amended, overpayment recoveries provided, etc. 477 PUBLIC CONTRACTS Performance bonds, maximum contract amount changed 810 PUBLIC OFFICERS Attorney general, removal, provisions made for, certain 863 Bonds, indemnification provisions changed 1089 Counsel, designation by governor, provisions clarified 878 Etc., amount of sales to political subdivisions changed 854 Etc., indemnification provided 674 Grand jury, peace officers, appearance before indictment authorized 607 Grand jury, unsworn statement to, right abolished 1325 PUBLIC SAFETY, DEPARTMENT OF See Department of Public Safety.

Page 1988

PUBLIC SAFETY RADIO SERVICES ACT OF 1975 Enacted 1642 PUBLIC SCHOOL EMPLOYEES' RETIREMENT SYSTEM ACT Amended 1490 PUBLIC SERVICE COMMISSION Consumers' Utility Counsel, office created 372 Electric, gas, water service, certain bills for, provided, etc. 574 Operations amended, etc. 404 PUBLIC TELEVISION Study committee created 1612 PUBLIC TRANSPORTATION ACT Amended 1159 Amended, private property, road purposes, provisions changed 813 PUBLIC UTILITIES Certain use law repealed 29 PULASKI COUNTY See also tabular indexCounties, Home Rule Amendments. Sheriff's deputies, provisions changed 2518 PUTNAM COUNTY Superior court, reporters, expense allowance provided 1303 Q QUITMAN COUNTY Board of commissioners, terms of office changed 3351 Treasurer, salary changed 2603

Page 1989

R RABUN COUNTY Airport authority act 3003 Certain terms of court changed 729 RADIO Public safety services act enacted 1642 RANDOLPH COUNTY Sheriff, expense provisions changed, etc. 2732 RAPID TRANSIT AUTHORITIES Etc., certain occupation of roads, provided 98 REAL ESTATE BROKERS AND SALESMEN Solicitation, certain, prohibited 1154 RECORDATION Deeds to secure debt, foreclosure information, recording of 422 RECORDED MATERIALS Reproduction of, unauthorized, prohibited, etc. 44 RECORDS ACT, GEORGIA Amended 675 REGISTRATION OF GEOLOGIST ACT OF 1975 Enacted 163 RESIDENTIAL FINANCE AUTHORITY, GEORGIA Name change, etc. 1651 RETIREMENT Annual statement required, certain (500,000 or more) 3175 Certain cities, population figures changed (300,000 or more) 3177 Certain municipalities, certain credit provided (500,000 or more) 3176 Joint municipal employees' act amended 1005 Municipalities, certain, population figures changed (300,000 or more) 3177 Public school employees' retirement act amended 1490

Page 1990

Sheriffs, board of commissioners, bond required, etc. 830 Sheriffs, reinstatement provisions made 823 REVENUE Automobile tags, free to certain veterans 720 Banking shares, etc., taxation of authorized 147 County board of equalization, member selection changed, etc. 1090 County taxes, installment payment date changed (350,000-600,000) 1085 Fair market value for taxation, meaning of 96 Federal tax corrections, time for filing for Ga. assessment or refunds reduced 862 Income tax, definition of who must file, provided 859 Income tax, interest provisions changed 156 Intangible recording tax, not considered interest, etc. 153 Interest, date when commenced, changed, etc 1252 Motor fuel tax exemption provided 873 Motor fuel tax law, certain exemptions for nonhighway use changed 414 Motor vehicles, dealer's inventory, classified for taxation 183 Net income defined, etc. 843 Nonresident defined for income tax purposes 858 Nonresident income tax, provisions changed 857 Overpayment of taxes, etc., refund of authorized, etc. 774 Real property transfer tax, inapplicable in certain husband-wife transaction 782 Sales and use tax, certain counties and municipalities, levy of certain excise taxes authorized, etc. 1002 Sales and use tax, certain municipalities and counties, authorized to levy, etc., referendum 984 Sales and use tax, city-county consolidated governments, referendum authorized 1729 Sales and use tax, deductions provisions clarified 101 Sales and use tax, interest on delinquent taxes increased 162 Tax executions, interest, maximum rate provided 811 Tax exemption granted, certain, Agrirama Development Autority 842 Tax liens, under certain circumstances, property may be released 423 Tax notices, counties and municipalities, certain information for inclusion on provided, etc. 1083 Tax returns, time for making changed (15,000-15,500) 526 Taxation, automatic return of property, provided, etc. (municipalities of 15,000 in counties of 59,000-60,000) 701 Unpaid taxes, interest rate on changed 835 REVENUE, DEPARTMENT OF Attorney general to furnish legal services for 722 Write offs, certain, authorized 1538 , 1555

Page 1991

REVENUE TAX ACT TO LEGALIZE AND CONTROL ALCOHOLIC BEVERAGES AND LIQUORS ACT Amended, retail licensees, quantity limitation provided, etc. 607 RICHMOND (AUGUSTA) COUNTY COLISEUM AUTHORITY ACT Amended, powers defined, etc. 4681 RICHMOND COUNTY Board of commissioners, certain purchases authorized without bid 4334 Ordinance adoption authorized 4548 Probate court judge emeritus, procedures provided 3068 State court, ordinance enforcement provided 3867 RINCON, TOWN OF Charter amended, officers qualifications changed, etc. 3324 RIOT REINSURANCE REIMBURSEMENT FUND Provided, etc. 22 RIVER PROTECTION ACT, METROPOLITAN Amended 837 RIVERDALE, CITY OF Charter amended, certain terms of office changed 3306 ROACH, PAUL Compensation provided 4514 ROADS Condemnation of private property for, provisions changed 812 County grants for, authorized, etc. 1079 Enforcement of load limitation provisions changed 1154 Excess weight provisions amended, portable buildings 400 Maximum loads on certain vehicles changed 68 Rapid Transit authorities, etc., certain occupation by, provided 98 ROCKDALE COUNTY Commissioner, salary changed 2695 Coroner, salary changed 2690 Probate court, judge, etc., salary changes, etc. 2692

Page 1992

Public defender, office abolished 2699 Public defender provided 2685 Sheriff, etc., salary changes, etc. 2702 Superior court clerk, etc., salary changes, etc. 2697 Tax commissioner, salary changed, etc. 2688 RUTLEDGE, CITY OF Charter amended, term of mayor changed, etc. 4267 S SALES Antifreeze regulated 706 Boat flotation devises 773 Public officers, etc., amount of sales to political subdivisions changed 854 SANITARIANS, PROFESSIONAL License provisions changed 801 SAVANNAH, CITY OF See also tabular indexMunicipalities, Home Rule Amendments. (Augusta) river parking and urban redevelopment authority act 2941 Board of public education, members salaries changed, referendum 3962 SAVANNAH PORTS AUTHORITY ACT Amended 3131 SAVINGS AND LOAN ASSOCIATIONS Interest, charges for on certain loans authorized 47 School funds, may act as depositories for, etc. 696 SCHOOL BUS DRIVERS Regulated (400,000 or more) 4527 Sick leave allotment, provisions made for, etc. 812 SCHOOLS Traffic safety study provided, etc. 820 SECRETARY OF STATE Authorized to grant certain charters; proposed amendment to the Constitution 1689

Page 1993

SCREVEN COUNTY Coroner, salary changed 3382 SECURITY AGENCIES, PRIVATE Act amended 785 SEMINOLE COUNTY Land conveyance to authorized 1520 Superior court clerk's personnel, salary changes 4211 SENATE COMMITTEE ON ECONOMY, REORGANIZATION AND EFFICIENCY Resolution amended 1327 SERVICES, BUYING ACT OF 1975 Enacted 529 SEWERAGE SYSTEMS Certain act relating to repealed 29 SHARON, CITY OF New charter 4274 SHEPERD, WILLIAM H. Compensation provided 4523 SHERIFFS Bonds increased 921 Etc., salaries provided (10,600-10,900) 4537 Minimum qualifications provided; proposed amendment to the Constitution 1682 Minimum salaries changed 521 Personnel, salaries supplemented (27,300-28,600) 1887 Retirement fund act, amended 830 Retirement fund act, amended 823 Salaries changed (500,000 or more) 4510 Salary changes, certain counties 4555 SHILOH, CITY OF Charter amended, terms of office of mayor changed, etc., referendum 4369 SHOPLIFTING Criminal intent specified 876

Page 1994

SHOPPING CARTS Removal, certain, penalized, etc. 848 SHRIMPING Bait, provisions changed 425 SMALL BUSINESS ASSISTANCE ACT OF 1975 Enacted 1619 SMALL CLAIMS COURT Population figures changed, etc. (27,000-28,000) 4551 SMOKING In certain public places, prohibited 45 SMYRNA, CITY OF Charter amended, corporate limits changed 4078 SOCIAL CIRCLE, CITY OF Charter amended, terms of officers changed, etc. 3672 SOIL CONSERVATION DISTRICTS LAW Amended, attorney general to furnish legal services for 724 SOUTHERN JUDICIAL CIRCUIT Additional judge provided 185 SPALDING COUNTY Board of commissioners, personnel provided 3022 Board of commissioners, salaries changed, etc. referendum 4352 STATE Instrumentalities of, water and sewer contracts, authorized to retain amounts on, etc. 1045 STATE BOARD OF CORRECTIONS Attorneys, only certain authorized to accept fee for contacting, etc. 1218 STATE BOARD OF EDUCATION Etc., liability insurance, purchase of, authorized 1181

Page 1995

STATE BOARD OF PARDONS AND PAROLES Act amendedcertain arrest warrants provided 786 Notification to sentencing judge provided, etc. 793 Youthful Offender Act amended, sentencing provisions clarified 900 Written decisions to be signed 795 STATE BOARD OF TRANSPORTATION Commission of members, State great seal to be affixed 833 Commissioner, etc., service as State Highway Engineer authorized 102 STATE BUILDINGS Selling goods in, prohibited, etc. 885 STATE COURTS Clerks of any certain, bonds increased 925 Judges, salaries provided (6,513-7,600) 4532 Juries of six, certain authorized 1331 STATE DEPOSITORIES Collateral, certain, approved 917 STATE EMPLOYEES Automobile expenses, increased 816 Bonds, beneficiaries provided 672 Employment physical examinations, provisions changed 76 Health insurance purposes, definition of changed 65 Natural resources, certain water transportation provided 866 Outreach workers, office of housing authorized to provide 850 STATE EXAMINING BOARDS Joint-Secretary, certain authorizations provided, etc. 412 STATE GRANTS Hospital authorities, provided 777 STATE HIGHWAY ENGINEER Commissioner of transportation, etc., authorized to serve as 102 STATE INSECT Honeybee designated as official 927

Page 1996

STATE LAND Retrocession of jurisdiction of land from U.S. authorized 1301 STATE LIBRARY Provisions changed 741 STATE OFFICE OF HOUSING Outreach workers, provisions made for 850 STATE OFFICIALS Etc., introduction of salary bills, must have fiscal notes attached 770 STATE PARKS EVALUATION STUDY COMMITTEE Created 1566 STATE PERSONNEL BOARD Hearings provided, etc. 71 New, created, proposed amendment to the Constitution 1666 Provisions changed, etc. 79 Public school employees, health insurance authorized 1194 STATE PROPERTIES CODE Amended 1092 STATE PROPERTIES COMMISSION Certain real estate transactions for state authorized 1558 STATE REVENUE COMMISSIONER Banks, etc., authorized to regulate 154 Charitable trust act, administration of provided 1527 Malt beverages, authorized to destroy contraband 1210 STATE SPEECH PATHOLOGY AND AUDIOLOGY LICENSING ACT, GEORGIA Amended 1650 STEPHENS COUNTY Board of commissioners, provisions changed 3864 Certain terms of court changed 729

Page 1997

STOCKBRIDGE, CITY OF Charter amended, election date changed, etc., referendum 4133 STOVALL, L. L., JR., MRS. Land conveyance authorized 1588 SUGAR HILL CITY OF New charter 3232 SUNNY SIDE, CITY OF Charter amended 2736 SUPERIOR COURTS Clerks, bonds increased 923 Clerks, cost changes, etc. (600,000 or more) 1150 Clerks, deputies of, salaries fixed (18,100-18,250) 2913 Clerks, salaries changed (185,000-190,000) 2859 District attorneys, certain assistant, salaries changed (54,000-58,000) 1111 District Attorneys, expense payment provided 821 Juries of six, certain authorized 1331 Nonpartisan elections, certain, authorized 1251 Secretaries, classified, etc. 1506 SUPERVISOR OF PURCHASES Goods, etc., from Director of Corrections, provisions clarified 488 T TALBOTTON, CITY OF Charter amended, election provisions changed, etc. 4258 TALIAFERRO COUNTY Board of commissioners, chairman, expense provisions changed, etc. 4009 Small claims court created 3648 TALLAPOOSA JUDICIAL CIRCUIT Assistant District Attorney, office created 437

Page 1998

TATTNALL COUNTY Small claims court created 3684 Superior court clerk's personnel, salaries changed 3303 Tax commissioner, office created 3299 TAX COMMISSIONERS Deputies, salaries of, fixed (18,100-18-250) 2912 TAXATION Fair market value defined 96 TAXES Refund of overpayments authorized, etc. 774 TAYLOR, A. W. Conveyance of land to estate, authorized 1600 TAYLOR COUNTY Board of education, number of members changed 3486 TEACHERS Allotment provisions changed 1139 Certification requirements provided, etc. 181 Contracts, grounds for termination defined, etc. 360 Employment, certain, prohibited 1537 Health insurance plan provided, etc. 37 TEACHERS' RETIREMENT SYSTEM ACT Amended 357 , 1328 , 1574 , 1601 , 1637 Board of Trustees, compensation changed 495 Creditable service provisions changed 1328 Options provided 1579 TELECOMMUNICATION SERVICES Avoidance of payment for, penalized 1534 TERRELL COUNTY Probate court, judge, placed on salary, etc. 2527 THOMAS COUNTY Additional judge provided 185 State court, judge, salary changed, etc. 3345

Page 1999

THOMASTON, CITY OF Charter amended, corporate limits changed 3666 THOMASVILLE, CITY OF See also tabular indexMunicipalities, Home Rule Amendments. THRIFT, GERALD F., MR. AND MRS. Compensation to authorized 2901 TIFT COUNTY Board of commissioners, chairman, eligibility provisions provided 4015 TOBACCO Flue cured, sale and storage of, regulated 1263 Warehouse, public weighers' seal, issuance provided 1302 TOCCOA, CITY OF Charter amended, commissioners, terms changed, etc., referendum 4142 TOOMBS COUNTY Sheriff, salary changed 3341 Tax commissioner, salary changed 3343 TOWNS COUNTY Certain terms of court changed 729 TRANSPORTATION Code amended 1159 Commissioner, etc., service as State Highway Engineer authorized 102 Rapid transit authorities, etc., certain occupation by of roads, provided 98 TRANSPORTATION, BOARD OF See State Board of Transportation. TREASURER County, emeritus, established (150,000-165,000) 4529

Page 2000

TRION, TOWN OF Charter amended, terms of certain officials changed 3071 TROUP COUNTY Sheriff, etc., salaries changed 3859 TUNNEL HILL, CITY OF New charter, referendum 4296 TURIN, TOWN OF Charter amended, terms of officers changed, etc. 4208 TURNER COUNTY Sheriff, salary changed, etc. 3384 TWIGGS COUNTY Sheriff, salary changed, etc. 2562 TYRONE, TOWN OF New charter 3876 U UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT Amended 1141 Certain district attorney representation, etc. 781 Dominion of Canada included 818 UNIFORM RULES OF THE ROAD ACT Amended, traffic may turn right on certain red light 496 UNIFORM STANDARDS CODE FOR MOBILE HOMES ACT Amended 1557 UNINSURED MOTORIST COVERAGE Provisions of act changed, etc. 1221 UNION COUNTY Certain terms of court changed 729

Page 2001

Commissioner, office created, referendum 4490 Sheriff, salary changed, etc. 4361 UNIVERSITY SYSTEM OF GEORGIA Georgia and U.S. History courses required 1140 Veterinary Medicine, advisory board created 210 UNLIQUIDATED DAMAGES INTEREST ACT Amended 395 UPSON COUNTY Board of education authorized to appoint school superintendent, referendum 3356 Commissioners of roads and revenues, terms changed, etc. 3353 Sheriff placed on salary, etc. 2846 V VALDOSTA, CITY OF Charter amended, election provisions changed, etc. 4085 VETERANS Automobile tags, certain, free to certain veterans 720 VETERINARY MEDICINE Advisory board created 210 VILLA RICA, CITY OF New charter 4575 VITAL RECORDS Death, determination criteria provided 1629 Provisions changed 1179 VITAL STATISTICS Birth certificates, procedure for changing provided, etc. 855 W W A RAILROAD PROPERTY Sale of portion of authorized 1580

Page 2002

WALESKA, TOWN OF Charter amended, recorder's court provided 4389 WALKER COUNTY Court reporter, salary changed 534 Land conveyance to authorized 1594 WALTHOURVILLE, CITY OF Charter amended, election provisions changed 3639 WALTON COUNTY Sheriff, personnel provided 3847 WARD, HARRISON ALMA LILLY Land conveyance authorized 1536 WARE (WAYCROSS) DEVELOPMENT AUTHORITY ACT Amended, membership provisions changed 3958 WAREHOUSE, CONVENIENCE, ACT OF 1975 Enacted 1156 WARRANTS Arrest, certain, Board of Pardons and Paroles, provided 786 Health inspection, provided 693 WARRENTON, CITY OF New charter 3970 WARWICK, CITY OF New charter 3580 WASHINGTON COUNTY Sheriff, salary changed, etc. 3924 State court, juror selection, changed, etc. 4018 WATER Certain billings for, provided, etc. 574 Wastewater, treatment plant operators act amended 1074

Page 2003

WATER AND SEWER Contracts, political subdivisions, etc., authorized to retain amounts, on, etc. 1045 Prior county approval required before increases made (145,000-165,000) 4558 WAVERLY HALL, TOWN OF Charter amended, quorum provided, etc. 3944 WAYCROSS (DOWNTOWN) AND WARE COUNTY DEVELOPMENT AUTHORITY ACT Amended, membership provisions changed 3958 Enacted 4637 WEST POINT, CITY OF Charter amended, property, sale of, certain, provided 3327 WILCOX COUNTY Sheriff, method of paying expenses changed 2582 WILD ANIMAL REGULATIONS Provided 1254 WILKES COUNTY Board of commissioners recreated 2979 WILKINSON COUNTY Minimum ad valorem tax provided 2560 Sheriff, salary changed, etc. 2554 Superior court, reporters, expense allowance provided 1303 Tax Commissioner, clerical assistant to, salary changed 2558 WILLIAMS BROTHERS GROCERY COMPANY Compensation provided 4516 WILLS Funeral expenses made claim against estate of decedent 711 Solemn form probate changed 764 WINDER, CITY OF Charter amended, election provisions, changed, etc. 4328 Duplicate charter repealed 4333 Land conveyance to authorized 1609 , 1610

Page 2004

WITNESSES Certain influencing of prohibited 34 WOMEN Jury provisions relating to, changed 779 WOODBINE, CITY OF See also tabular indexMunicipalities, Home Rule Amendments. WOODSTOCK, CITY OF New charter 4160 WORKMEN'S COMPENSATION ACT Amended 190 , 198 Health agencies, certain, covered by 1231 WORTH COUNTY Board of education, superintendent, appointment provided, etc., referendum 4202 WYNN, BENJAMIN Compensation provided 4519 Y YOUNGBLOOD, GEORGE E. Land conveyance to authorized 1627 , 1630 YOUTHFUL OFFENDER ACT Amended, sentencing provisions clarified 900 Z ZEBULON, CITY OF Charter amended, election date changed 3724

Page 2005

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 32,911 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 143,366 141,249 114,079 83,783 77,042 71,304 Bleckley 10,291 9,642 9,218 9,655 9,133 10,532 Brantley 5,940 5,891 6,387 6,871 6,895 Brooks 13,743 15,292 18,169 20,497 21,330 24,538 Bryan 6,539 6,226 5,965 6,288 5,952 6,343 Bulloch 31,585 24,263 24,740 26,010 26,509 26,133 Burke 18,255 20,596 23,458 26,520 29,224 30,836 Butts 10,560 8,976 9,079 9,182 9,345 12,327 Calhoun 6,606 7,341 8,578 10,438 10,576 10,225 Camden 11,334 9,975 7,322 5,910 6,338 6,969 Campbell 9,903 11,709 Candler 6,412 6,672 8,063 9,103 8,991 9,228 Carroll 45,404 36,451 34,112 34,156 34,272 34,752 Catoosa 28,271 21,101 15,146 12,199 9,421 6,677 Charlton 5,680 5,313 4,821 5,256 4,381 4,536 Chatham 187,816 188,299 151,481 117,970 105,431 100,032 Chattahoochee 25,813 13,011 12,149 15,138 8,894 5,266 Chattooga 20,541 19,954 21,197 18,532 15,407 14,312 Cherokee 31,059 23,001 20,750 20,126 20,003 18,569 Clarke 65,177 45,363 36,550 28,398 25,613 26,111 Clay 3,636 4,551 5,844 7,064 6,943 5,557 Clayton 98,126 46,365 22,872 11,655 10,260 11,159 Clinch 6,405 6,545 6,007 6,437 7,015 7,984 Cobb 196,793 114,174 61,830 38,272 35,408 30,437 Coffee 22,828 21,953 23,961 21,541 19,739 18,653 Colquitt 32,298 34,048 33,999 33,012 30,622 29,332 Columbia 22,327 13,423 9,525 9,433 8,793 11,718 Cook 12,129 11,822 12,201 11,919 11,311 11,180 Coweta 32,310 28,893 27,786 26,972 25,127 29,047 Crawford 5,748 5,816 6,080 7,128 7,020 8,893 Crisp 18,087 17,768 17,663 17,540 17,343 18,914 Dade 9,910 8,666 7,364 5,894 4,146 3,918 Dawson 3,639 3,590 3,712 4,479 3,502 4,204 Decatur 22,310 25,203 23,620 22,234 23,622 31,785 DeKalb 415,387 256,782 136,395 86,942 70,278 44,051 Dodge 15,658 16,483 17,865 21,022 21,599 22,540 Dooly 10,404 11,474 14,159 16,886 18,025 20,522 Dougherty 89,639 75,680 43,617 28,565 22,306 20,063 Douglas 28,659 16,741 12,173 10,053 9,461 10,477 Early 12,682 13,151 17,413 18,679 18,273 18,983 Echols 1,924 1,876 2,494 2,964 2,744 3,313 Effingham 13,632 10,144 9,133 9,646 10,164 9,985 Elbert 17,262 17,835 18,585 19,618 18,485 23,905 Emanuel 18,357 17,815 19,789 23,517 24,101 25,862 Evans 7,290 6,952 6,653 7,401 7,102 6,594 Fannin 13,357 13,620 15,192 14,752 12,969 12,103 Fayette 11,364 8,199 7,978 8,170 8,665 11,396 Floyd 73,742 69,130 62,899 56,141 48,677 39,841 Forsyth 16,928 12,170 11,005 11,322 10,624 11,755 Franklin 12,784 13,274 14,446 15,612 15,902 19,957 Fulton 605,210 556,326 473,572 392,886 318,587 232,606 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 12,270 8,468 7,538 8,331 8,992 13,269 Lamar 10,688 10,240 10,242 10,091 9,745 Lanier 5,031 5,097 5,151 5,632 5,190 Laurens 32,738 32,313 33,123 33,606 32,693 39,605 Lee 7,044 6,204 6,674 7,837 8,328 10,904 Liberty 17,569 14,487 8,444 8,595 8,153 12,707 Lincoln 5,895 5,906 6,462 7,042 7,847 9,739 Long 3,746 3,874 3,598 4,086 4,180 Lowndes 55,112 49,270 35,211 31,860 29,994 26,521 Lumpkin 8,728 7,241 6,574 6,223 4,927 5,240 McDuffie 15,276 12,627 11,443 10,878 9,014 11,509 McIntosh 7,371 6,364 6,008 5,292 5,763 5,119 Macon 12,933 13,170 14,213 15,947 16,643 17,667 Madison 13,517 11,246 12,238 13,431 14,921 18,803 Marion 5,099 5,477 6,521 6,954 6,968 7,604 Meriwether 19,461 19,756 21,055 22,055 22,437 26,168 Miller 6,424 6,908 9,023 9,998 9,076 9,565 Milton 6,730 6,885 Mitchell 18,956 19,652 22,528 23,261 23,620 25,588 Monroe 10,991 10,495 10,523 10,749 11,606 20,138 Montgomery 6,099 6,284 7,901 9,668 10,020 9,167 Morgan 9,904 10,280 11,899 12,713 12,488 20,143 Murray 12,986 10,447 10,676 11,137 9,215 9,490 Muscogee 167,377 158,623 118,028 75,494 57,558 44,195 Newton 26,282 20,999 20,185 18,576 17,290 21,680 Oconee 7,915 6,304 7,009 7,576 8,082 11,067 Oglethorpe 7,598 7,926 9,958 12,430 12,927 20,287 Paulding 17,520 13,101 11,752 12,832 12,327 14,025 Peach 15,990 13,846 11,705 10,378 10,268 Pickens 9,620 8,903 8,855 9,136 9,687 8,222 Pierce 9,281 9,678 11,112 11,800 12,522 11,934 Pike 7,316 7,138 8,459 10,375 10,853 21,212 Polk 29,656 28,015 30,976 28,467 25,141 20,357 Pulaski 8,066 8,204 8,808 9,829 9,005 11,587 Putnam 8,394 7,798 7,731 8,514 8,367 15,151 Quitman 2,180 2,432 3,015 3,435 3,820 3,417 Rabun 8,327 7,456 7,424 7,821 6,331 5,746 Randolph 8,734 11,078 13,804 16,609 17,174 16,721 Richmond 162,437 135,601 108,876 81,863 72,990 63,692 Rockdale 18,152 10,572 8,464 7,724 7,247 9,521 Schley 3,097 3,256 4,036 5,033 5,347 5,243 Screven 12,591 14,919 18,000 20,353 20,503 23,552 Seminole 7,059 6,802 7,904 8,492 7,389 Spalding 39,514 35,404 31,045 28,427 23,495 21,908 Stephens 20,331 18,391 16,647 12,972 11,740 11,215 Stewart 6,511 7,371 9,194 10,603 11,114 12,089 Sumter 26,931 24,652 24,208 24,502 26,800 29,640 Talbot 6,625 7,127 7,687 8,141 8,458 11,158 Taliaferro 2,423 3,370 4,515 6,278 6,172 8,841 Tattnall 16,557 15,837 15,939 16,243 15,411 14,502 Taylor 7,865 8,311 9,113 10,768 10,617 11,473 Telfair 11,394 11,715 13,221 15,145 14,997 15,291 Terrell 11,416 12,742 14,314 16,675 18,290 19,601 Thomas 34,562 34,319 33,932 31,289 32,612 33,044 Tift 27,288 23,487 22,645 18,599 16,068 14,493 Toombs 19,151 16,837 17,382 16,952 17,165 13,897 Towns 4,565 4,538 4,803 4,925 4,346 3,937 Treutlen 5,647 5,874 6,522 7,632 7,488 7,664 Troup 44,466 47,189 49,841 43,879 36,752 36,097 Turner 8,790 8,439 10,479 10,846 11,196 12,466 Twiggs 8,222 7,935 8,308 9,117 8,372 10,407 Union 6,811 6,510 7,318 7,680 6,340 6,455 Upson 23,505 23,800 25,078 25,064 19,509 14,786 Walker 50,691 45,264 38,198 31,024 26,206 23,370 Walton 23,404 20,481 20,230 20,777 21,118 24,216 Ware 33,525 34,219 30,289 27,929 26,558 28,361 Warren 6,669 7,360 8,779 10,236 11,181 11,828 Washington 17,480 18,903 21,012 24,230 25,030 28,147 Wayne 17,858 17,921 14,248 13,122 12,647 14,381 Webster 2,362 3,247 4,081 4,726 5,032 5,342 Wheeler 4,596 5,342 6,712 8,536 9,149 9,817 White 7,742 6,935 5,951 6,417 6,056 6,105 Whitfield 55,108 42,109 34,432 26,105 20,808 16,897 Wilcox 6,998 7,905 10,167 12,755 13,439 15,511 Wilkes 10,184 10,961 12,388 15,084 15,944 24,210 Wilkinson 9,393 9,250 9,781 11,025 10,844 11,376 Worth 14,770 16,682 19,357 21,374 21,094 23,863 Total 4,589,575 3,943,116 3,444,578 3,123,723 2,908,506 2,895,832

Page 2008

POPULATION NUMERICALLY LISTED ACCORDING TO 1970 CENSUS County Population Echols 1,924 Quitman 2,180 Glascock 2,280 Webster 2,362 Taliaferro 2,423 Schley 3,097 Clay 3,636 Dawson 3,639 Long 3,746 Baker 3,875 Towns 4,565 Wheeler 4,596 Lanier 5,031 Marion 5,099 Heard 5,354 Treutlen 5,647 Charlton 5,680 Crawford 5,748 Jasper 5,760 Atkinson 5,879 Lincoln 5,895 Brantley 5,940 Montgomery 6,099 Clinch 6,405 Candler 6,412 Miller 6,424 Stewart 6,511 Bryan 6,539 Calhoun 6,606 Talbot 6,625 Warren 6,669 Union 6,811 Banks 6,833 Wilcox 6,998 Lee 7,044 Seminole 7,059 Evans 7,290 Pike 7,316 McIntosh 7,371 Oglethorpe 7,598 Johnson 7,727 White 7,742 Taylor 7,865 Oconee 7,915 Irwin 8,036 Pulaski 8,066 Twiggs 8,222 Bacon 8,233 Rabun 8,327 Jenkins 8,332 Putnam 8,394 Lumpkin 8,728 Randolph 8,734 Turner 8,790 Gilmer 8,956 Hancock 9,019 Pierce 9,281 Wilkinson 9,393 Jeff Davis 9,425 Pickens 9,620 Morgan 9,904 Dade 9,910 Wilkes 10,184 Greene 10,212 Bleckley 10,291 Dooly 10,404 Butts 10,560 Lamar 10,688 Monroe 10,991 Camden 11,334 Fayette 11,364 Telfair 11,394 Terrell 11,416 Harris 11,520 Berrien 11,556 Cook 12,129 Jones 12,270 Screven 12,591 Early 12,682 Appling 12,726 Franklin 12,784 Macon 12,933 Murray 12,986 Ben Hill 13,171 Fannin 13,357 Madison 13,517 Effingham 13,632 Brooks 13,743 Worth 14,770 McDuffie 15,276 Dodge 15,658 Hart 15,814 Haralson 15,927 Peach 15,990 Tattnall 16,557 Barrow 16,859 Forsyth 16,928 Jefferson 17,174 Elbert 17,262 Washington 17,480 Paulding 17,520 Liberty 17,569 Grady 17,826 Wayne 17,858 Crisp 18,087 Rockdale 18,152 Burke 18,255 Emanuel 18,357 Mitchell 18,956 Toombs 19,151 Meriwether 19,461 Stephens 20,331 Chattooga 20,541 Habersham 20,691 Jackson 21,093 Decatur 22,310 Columbia 22,327 Coffee 22,828 Walton 23,404 Upson 23,505 Gordon 23,570 Henry 23,724 Chattahoochee 25,813 Newton 26,282 Sumter 26,931 Tift 27,288 Catoosa 28,271 Douglas 28,659 Polk 29,656 Cherokee 31,059 Bulloch 31,585 Colquitt 32,298 Coweta 32,310 Laurens 32,738 Bartow 32,911 Ware 33,525 Baldwin 34,240 Thomas 34,562 Spalding 39,514 Troup 44,466 Carroll 45,404 Glynn 50,528 Walker 50,691 Whitfield 55,108 Lowndes 55,112 Hall 59,405 Houston 62,924 Clarke 65,177 Gwinnett 72,349 Floyd 73,742 Dougherty 89,639 Clayton 98,126 Bibb 143,366 Richmond 162,437 Muscogee 167,377 Chatham 187,816 Cobb 196,793 DeKalb 415,387 Fulton 605,210 Total 4,589,575

Page 2010

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 Chattahoochee 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 Habersham 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 Meriwether 29 Miller 11 Mitchell 9 Monroe 27 Montgomery 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 Talbor 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 Washington 20, 21 Wayne 6 Webster 11 Wheeler 20 White 50 Whitfield 51, 54 Wilcox 19 Wilkes 24 Wilkinson 25 Worth 13

Page 2012

SENATORS OF GEORGIA ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND POST OFFICES FOR THE TERM 1974-1975 Name District Post Office Ballard, D. W. Don 45th 405 Haygood St., Oxford 30267 Banks, Peter L. 17th 314 Thomaston St., Barnesville 30204 Barker, Ed. 18th P.O. Drawer KK Warner Robins 31093 Barnes, Roy 33rd 639 Maran Drive Mableton 30059 Bell, Robert H. Bob 5th 2535 Henderson Mill Rd., N.E., Atlanta 30345 Bond, Julian 39th 361 Westview Drive, S.W., Atlanta 30310 Brantley, Haskew H., Jr. 56th 6114 Riverside Drive, N.W., Atlanta 30328 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 Coverdell, Paul D. 40th Suite 607, 1447 Peachtree St., N.E., Atlanta 30309 Dean, Nathan D. 31st 340 Wingfoot St. Rockmart 30153 Dean, Roscoe E., Jr. 6th 612 Cherry St. 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 Box 1141 Waycross 31501 Fincher, W. W., Jr. (Bill) 54th P.O. Box 149 Chatsworth 30705 Foster, John C. 50th Box 100 Cornelia 30531 Garrard, Ed 37th 956 Plymouth Road, N.E., Atlanta 30306 Gillis, Hugh M., Sr. 20th Box 148 Soperton 30457 Hamilton, Bert 26th 464 West Buford Road, Macon 31204 Hamilton, James R. Duck 34th 4745 Stonewall Tell Road College Park 30337 Hill, Render 29th P.O. Box 246 Greenville 30222 Holley, R. Eugene 22nd Suite 1500 Sou. Finance Bldg., Augusta 30902 Holloway, Al 12th P.O. Box 588 Albany 31702 Howard, Pierre, Jr. 42nd 600 First Nat. Bank Bldg. Decatur 30030 Hudgins, Floyd 15th 1221 Fourteenth Avenue, Columbus 31906 Hudson, Perry J. 35th 3380 Old Jonesboro Road Hapeville 30354 Kennedy, Joseph E. 4th P.O. Box 246 Claxton 30417 Kidd, Culver 25th P.O. Box 370 Milledgeville 31061 Langford, J. Beverly 51st P.O. Box 207 Calhoun 30701 Lester, Jimmy 23rd 1st Federal Savings Bldg. 985 Broad Street Augusta 30902 Lewis, Preston B., Jr. 21st Box 88 Waynesboro 30830 McDowell, Henry 2nd 8303 Royal Oak Drive, Savannah 31406 McDuffie, E. M. Pete 19th Route 6 Eastman 31023 McGill, Sam P. 24th Washington 30673 Overby, Howard T. 49th P.O. Box 636 Gainesville 30501 Pearce, H. Norwood 16th P.O. Box 2312 Columbus 31902 Reynolds, Steve 48th P.O. Box 303 Lawrenceville 30245 Riley, John R. 1st P.O. Box 9641 Savannah 31402 Robinson, W. Lee 27th 864 Winchester Circle, Macon 31204 Russell, Henry P., Jr. 10th Rt. 1, Boston 31626 Shapard, Virginia 28th P.O. Box 54 Griffin 30223 Starr, Terrell 44th 4766 Tanglewood Lane Forest Park 30050 Stephens, Jack L. 36th 2484 Macon Dr., S.E., Atlanta 30315 Stumbaugh, Lawrence (Bud) 55th 1071 Yemassee Trail Stone Mountain 30083 Summers, E. G. 53rd P.O. Box 499 LaFayette 30728 Sutton, Franklin 9th RFD 1 Norman Park 31771 Tate, Horace E. 38th 621 Lilla Dr., S.W. Atlanta 30310 Thompson, Joe 32nd Box 1045 Smyrna 30080 Timmons, Jimmy Hodge 11th 132 South Woodlawn Blakely 31723 Traylor, Mell 3rd Route 1, Box 94A1 Pembroke 31321 Turner, Loyce W. 8th P.O. Box 157 Valdosta 31601 Tysinger, James W. (Jim) 41st 3781 Watkins Place, N.E. Atlanta 30319 Warren, George T., II 43rd 3762 Tree Bark Trail, Decatur 30034 Young, Martin 13th Box 68 Rebecca 31783

Page 2015

MEMBERS OF THE SENATE OF GEORGIA BY DISTRICTS IN NUMBERICAL ORDER AND POST OFFICES FOR THE TERM 1974-1975 District Name Address 1 Riley, John R. P. O. Box 9641, Savannah 31402 2 McDowell, Henry 8303 Royal Oak Drive, Savannah 31406 3 Traylor, Mell Route 1, Box 94A1, Pembroke 31321 4 Kennedy, Joseph E. P.O. Box 246, Claxton 30417 5 Bell Robert H. Bob 2535 Henderson Mill Road, N.E., Atlanta 30345 6 Dean, Roscoe E. Jr. 612 Cherry Street, Jesup 31545 7 Eldridge, Frank Jr. P.O. Box 1141, Waycross 31501 8 Turner, Dr. Loyce W. P.O. Box 157, Valdosta 31601 9 Sutton, Franklin Route 1, Norman Park 31771 10 Russell, Henry P., Jr. Route 1, Boston 31626 11 Timmons, Jimmy Hodge 132 South Woodlawn Blakely 31723 12 Holloway, Al P. O. Box 588, Albany 30701 13 Young, Martin P. O. Box 68, Rebecca 31783 14 Carter, Hugh A. P. O. Box 97, Plains 31780 15 Hudgins, Floyd 1221 Fourteenth Avenue, Columbus 31906 16 Pearce, H. Norwood P. O. Box 2312, Columbus 31902 17 Banks, Peter L. 314 Thomaston St., Barnesville 30204 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 Lewis, Preston B., Jr. P. O. Box 88, Waynesboro 30830 22 Holley, R. Eugene Suite 1500, Southern, Finance Bldg., Augusta 30904 23 Lester, Jimmy First Federal Savings Bldg., 985 Broad Street, Augusta 30902 24 McGill, Sam P. Washington 30673 25 Kidd, Culver P. O. Box 370, Milledgeville 31061 26 Hamilton, Bert 464 West Buford Road, Macon 31204 27 Robinson, W. Lee 864 Winchester Circle, Macon 31204 28 Shapard, Virginia P. O. Box 54, Griffin 30223 29 Hill, Render P. O. Box 246, Greenville 30222 30 Duncan, J. Ebb P. O. Box 26, Carrollton 30117 31 Dean, Nathan D. 340 Wingfoot Street, Rockmart 30153 32 Thompson, Joe P. O. Box 1045, Smyrna 30080 33 Barnes, Roy 639 Maran Lane, Mableton 30059 34 Hamilton, James R. Duck 4745 Stonewall-Tell Road, College Park 30337 35 Hudson, Perry J. 3380 Old Jonesboro Road, Hapeville 30354 36 Stephens, Jack L. 2484 Macon Dr., S.E., Atlanta 30315 37 Garrard, Ed 956 Plymouth Road, N.E., Atlanta 30306 38 Tate, Dr. Horace E. 621 Lilla Drive, S.W., Atlanta 30310 39 Bond, Julian 361 Westview Drive, S.W., Atlanta 30310 40 Coverdell, Paul D. Suite 6071447 Peachtree Street, N.E., Atlanta 30309 41 Tysinger, James W. (Jim) 3781 Watkins Place, N.E., Atlanta 30319 42 Howard, Pierre, Jr. 600 First National 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 Street, Oxford 30267 46 Broun, Paul C. 165 Pulaski Street, Athens 30601 47 Brown, M. Parks P. O. Box 37, Hartwell 30643 48 Reynolds, Steve P. O. Box 303, Lawrenceville 30245 49 Overby, Howard T. P. O. Box 636, Gainesville 30501 50 Foster, John C. Box 100, Cornelia 30531 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. Box 149, Chatsworth 30705 55 Stumbaugh, Lawrence (Bud) 1071 Yemassee Trail, Stone Mountain 30083 56 Brantley, Haskew H., Jr. 6114 Riverside Drive, N.W., Atlanta 30328

Page 2017

GEORGIA HOUSE OF REPRESENTATIVES County House District Appling 138 Atkinson 150 Bacon 152 Baker 131 Baldwin 108, 109 Banks 10, 12 Barrow 12, 61, 64 Bartow 7, 8 Ben Hill 137 Berrien 146 Bibb 99-140 Bleckley 117 Brantley 138, 152 Brooks 147 Bryan 107 Bulloch 81, 82 Burke 82, 83 Butts 73, 78 Calhoun 130,131,140 Camden 152 Candler 107 Carroll 66 Catoosa 2, 3 Charlton 151 Chatham 122-129 Chattahoochee 110, 111 Chattooga 5 Cherokee 8 Clarke 62, 63, 64 Clay 130 Clayton 72 Clinch 150 Cobb 19, 20, 21 Coffee 137, 152 Colquitt 144, 145 Columbia 77 Cook 146 Coweta 67, 68, 71 Crawford 98 Crisp 135, 136 Dade 1, 5 Dawson 8 Decatur 141 DeKalb 44-58 Dodge 118 Dooly 135 Dougherty 131-134 Douglas 65, 66 Early 140 Echols 147 Effingham 129 Elbert 13 Emanuel 106, 107 Evans 107 Fannin 4 Fayette 71, 72 Floyd 14, 15, 16 Forsyth 9 Franklin 13 Fulton 22-43 Gilmer 4 Glascock 105 Glynn 153, 154 Gordon 7 Grady 141, 142 Greene 13, 112 Gwinnett 59, 60, 61 Habersham 11 Hall 9 Hancock 112 Haralson 18 Harris 91 Hart 13 Heard 66, 68 Henry 73 Houston 113,114,115 Irwin 137 Jackson 12 Jasper 80, 112 Jeff Davis 138 Jefferson 83, 84 Jenkins 106 Johnson 105, 106 Jones 80 Lamar 78 Lanier 149 Laurens 118, 119 Lee 133 Liberty 139 Lincoln 76 Long 121, 139 Lowndes 147,148,149 Lumpkin 4 Macon 98, 115 Madison 13 Marion 110 McDuffie 77, 84 McIntosh 139 Meriwether 70 Miller 140 Mitchell 144 Monroe 80 Montgomery 120 Morgan 75, 112 Murray 3 Muscogee 91-97 Newton 74 Oconee 13, 64 Oglethorpe 13 Paulding 18, 19, 21 Peach 98, 113 Pickens 8 Pierce 138, 152 Pike 78, 79 Polk 16, 17 Pulaski 117 Putnam 109 Quitman 111 Rabun 4 Randolph 130 Richmond 84-90 Rockdale 57 Schley 115 Screven 81, 82 Seminole 140, 141 Spalding 71 Stephens 10 Stewart 111 Sumter 111, 116 Talbot 70 Taliaferro 76 Tattnall 107, 121 Taylor 110 Telfair 118, 138 Terrell 130 Thomas 142, 143 Tift 146 Toombs 120, 121 Towns 4 Treutlen 120 Troup 68, 69 Turner 136, 137 Twiggs 103 Union 4 Upson 79 Walker 1, 5, 6 Walton 75 Ware 150, 151 Warren 76 Washington 105 Wayne 138 Webster 111 Wheeler 120 White 4, 11 Whitfield 3, 6 Wilcox 117 Wilkes 76 Wilkinson 108 Worth 136

Page 2019

MEMBERS OF THE GEORGIA HOUSE OF REPRESENTATIVES ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND POST OFFICES FOR THE TERM 1974-1975 Name District Post Office Adams, G. D. 36 1977 Sylvan Rd., S.W. Atlanta 30310 Adams, John 14 7 East Creek View Drive, Rome 30161 Adams, Marvin 79 hm. 709 Greenwood Road. bus. 939 North Bethel St. Thomaston 30286 Alexander, William H. 38 Citizens Trust Bank Bldg., Atlanta 30303 Bailey, Frank I., Jr. 72-Post 2 6524 Hayes Dr., Riverdale 30274 Banks, Patrick (Pat) 104 909 Newport Rd. Macon 31204 Bargeron, Emory E. 83 P.O. Box 447 Louisville 30434 Battle, Joe 124 2308 Ranchland Drive, Savannah 31404 Baugh, Wilbur E. 108 Box 926, Gordon Rd., Milledgeville 31061 Beck, James M. 148 2427 Westwood Drive Valdosta 31601 Beckham, Bob 89 P.O. Box 1533 Augusta 30903 Berry, C. Ed 94 2516 Harding Dr. Columbus 31906 Blackshear, Jesse 123 P.O. Box 9182 Savannah 31401 Bolster, Paul 30 1043 Ormewood Ave., S.E., Atlanta 30316 Bowman, James A. 103 Box 169 Jeffersonville 31044 Bray, Claude A., Jr. 70 Bray Building 20 Main Street Manchester 31816 Brown, Ben 34 250 Mathewson Place, S.W., Atlanta 30314 Buck, Thomas B., III 95 P.O. Box 196 Columbus 31902 Burruss, A. L. (A1) 21-Post 2 383 Kennesaw Ave., Marietta 30060 Burton, Joe 47 2598 Woodwardia Road, N.E. Atlanta 30345 Calhoun, Anne C. 88 2337 Kings Way Augusta 30904 Carlisle, John R. 71-Post 1 P.O. Box 551 Griffin 30223 Carnes, Charles L. 43-Post 1 6650 Powers Ferry Rd., N.W., Atlanta 30339 Carr, Tom C. 105 313 North Smith Street Sandersville 31082 Carrell, Bobby 75 RFD 2 Monroe 30655 Carter, Jack Wilkes 146-Post 2 P.O. Box 381 Adel 31620 Castleberry, Don 111 P.O. Box 377 Richland 31825 Chance, George 129 P.O. Box 373 Springfield 31329 Childers, E. M. (Buddy) 15 15 Kirkwood St. Rome 30161 Childs, Mrs. Mobley (Peggy) 51 520 Westchester Drive Decatur 30030 Clark, Betty J. 55 2139 Flat Shoals Road, S.E., Apt. 3, Atlanta 30316 Clark, Louie M. 13-Post 1 Route 2 Danielville 30633 Clifton, A. D. 107 Route 2 Metter 30439 Cole, Jack 6-Post 1 P.O. Box 626 Dalton 30720 Coleman, Terry L. 118 1201 Fourth Ave. Eastman 31023 Collins, Marcus 144 Route 1 Pelham 31779 Colwell, Carlton 4-Post 1 P.O. Box 6 Blairsville 30512 Connell, Jack 87 P.O. Box 308 Augusta 30903 Cooper, Bill 19-Post 3 3286 Powder Springs Road, S.W. Marietta 30060 Cox, Walter E. 141 202 West Street Bainbridge 31717 Crawford, John 5 Route 1 Lyerly 30730 Culpepper, Bryant 98 P.O. Box 471 Fort Valley 31030 Daugherty, J. C. 33 202 Daugherty Bldg. 15 Chestnut St., S.W. Atlanta 30314 Davis, Walt 56-Post 1 3782 Snapfinger Road Lithonia 30058 Dean, Douglas C. 29 356 Arthur St., S.W. Atlanta 30310 Dent, R. A. 85 2043 Rosalie St. Augusta 30901 Dixon, Harry D. 151 1303 Coral Rd. Waycross 31501 Dover, William J. (Bill) 11 Timbrook Hollywood 30524 Edwards, C. W. Chuck 20-Post 1 2799 Delk Rd., S.E. Marietta 30062 Edwards, Ward 110 P.O. Box 146 Butler 31006 Egan, Michael J. 25 3100 First Ntl. Bank Tower, Atlanta 30303 Elliott, Ewell H., Jr., (Hank) 49 Harvey, Willard Elliott, The Executive Bldg., Decatur 30030 Evans, Billy L. 99 1844 Flitwood Drive, Macon 31201 Evans, Warren D. 84 P.O. Box 670 Thomson 30824 Felton, Mrs. Dorothy 22 465 Tanacrest Drive, N.E., Atlanta 30328 Foster, Paul W. 152-Post 1 P.O. Box 679 Blackshear 31516 Foster, R. L. 6-Post 2 4899 Tibbs Bridge Rd., S.E., Dalton 30720 Fraser, Donald H. 139 P.O. Box 472 Hinesville 31313 Gammage, Lynn 17 P.O. Box 718 106 N. College St. Cedartown 30125 Gignilliat, Arthur 122 P.O. Box 968 Savannah 31402 Glanton, Tom 66-Post 2 539 North White Street Carrollton 30117 Glover, Mildred 32 672 Beckwith St., S.W. Atlanta 30314 Greer, John W. 43-Post 3 802 Healey Building, Atlanta 30303 Ham, Benson 80 P.O. Box 677 Forsyth 31029 Hamilton, Mrs. Grace T. 31 582 University Place, N.W., Atlanta 30314 Harden, Eston A. 154 114 Cater St., St. Simons Island 31522 Harris, B. B., Sr. 60 Highway 120 Duluth 30136 Harris, J. G. (Sonny) 138-Post 2 Route 1, Box 32, Screven 31560 Harris, Joe Frank 8-Post 1 1 Valley Dr., Cartersville 30120 Harrison, Carl 20-Post 2 P.O. Box 1374 Marietta 30060 Hatcher, Charles 131 P.O. Box 750, Albany 31702 Hawkins, John 50 1211 Kingsley Circle, N.E., Atlanta 30324 Hays, Forest, Jr. 1-Post 2 St. Elmo, Rte. 3, Chattanooga, Tenn. 37409 Hill, Bobby L. 127 208 East 34th St. Savannah 31401 Hill, Guy F. 41 1074 Boatrock Road, S.W., Atlanta 30331 Holmes, Robert A. Bob 39 2421 Poole Rd., S.W., Atlanta 30311 Horton, Gerald T. 43-Post 2 1230 The Healey Bldg., Atlanta 30303 Howard G. Robert 19-Post 2 723 Iroquois Dr., Marietta 30060 Howell, Mobley 140 P.O. Box 348 800 Lakewood Dr., Blakely 31723 Hudson, Ted 137 301 Glynn Ave., Fitzgerald 31750 Hutchinson, R. S. Dick 133 915 Sixth Ave., Albany 31705 Irvin, Jack 10 Route 1, Baldwin 30511 Irvin, Robert A. 23 P.O. Box 325, Roswell 30075 Irwin, John R. 130 Dawson 31742 Jackson, Jerry D. 9-Post 3 P.O. Box 7275, Chestnut Mountain 30502 Jessup, Ben 117 101 Cherry St., Cochran 31014 Johnson, Roger 8-Post 3 P.O. Box 1034, Canton 30114 Johnson, Rudolph 72-Post 4 6126 Navaho Trail, Morrow 30260 Jones, Herbert, Jr. 126 413 Arlington Road, Savannah 31406 Jordan, Hugh 58 1284 Park Blvd., Stone Mountain 30083 Karrh, Randolph C. 106 P.O. Drawer K Swainsboro 30401 Keyton, James W. 143 137 Woodland Drive, Thomasville 31792 Kilgore, Thomas Mac 65 1992 Tara Circle Douglasville 30134 King, Jack A. 96 3110 Hooper Ave., Columbus 31907 Knight, Nathan G. 67 P.O. Box 1175 Newnan 30263 Kreeger, George H. 21-Post 1 3500 Lee Street, Smyrna 30080 Lambert, E. Roy 112 126 Washington St., Madison 30650 Lane, Dick 40 2704 Humphries St., East Point 30344 Lane, W. Jones 81 P.O. Box 484, Statesboro 30458 Larsen, George K. 27 48 Glenald Way, N. W., Atlanta 30327 Larsen, W. W., Jr. 119 P.O. Box 2002 Dublin 31021 Lee, Wm. J. Bill 72-Post 1 5325 Hillside Dr., Forest Park 30050 Leggett, Gene (D) 153 2219 Tara Lane Brunswick 31520 Leonard, Gerald H. 3 123 Murray Plaza, Chatsworth 30705 Linder, John 44 5039 Winding Branch Drive Dunwoody 30338 Logan, Hugh 62 1323 Prince Ave. Athens 30601 Long, Bobby 142 6th Street, N.W. Cairo 31728 Lucas, David E. 102 950 Barney A. Smith Motors, Gray Hwy., Macon 31201 Mann, Charles C. 13-Post 3 238 Elbert St., Elberton 30635 Marcus, Sidney J. 26 845 Canterbury Road, N.E., Atlanta 30324 Matthews, Chappelle 63 306 Southern Mutual Bldg., Athens 30601 Matthews, Dorsey R. 145 Moultrie 31768 Miles, Bernard F. 86 2934 Peach Orchard Rd., Augusta 30906 Milford, Billy 13-Post 2 Route 3, Hartwell 30643 Mostiler, John L. 71-Post 2 1102 Skyline Dr., Griffin 30223 Mullinax, Edwin G. (Ed) 69 P.O. Drawer 1429, LaGrange 30240 Murphy, Thomas B. 18 P.O. Box 163, Bremen 30110 McCollum, T. Hayward 134 701 Cordele Rd., Albany 31705 McDonald, Laurens, (Bubba) Jr. 12 506 Belmont St., Commerce 30529 McKinney, J. E. (Billy) 35 765 Shorter Terrace, N.W., Atlanta 30318 Nessmith, Paul E., Sr. 82 Route 4, Statesboro 30458 Nix, Ken 20-Post 3 3878 Manson Ave., Smyrna 30080 Noble, Bill 48 1523 Oakgrove Rd., Decatur 30033 Owens, Ray D. 77 Route 1, Appling 30802 Oxford, Oliver 116 317 West College St., Americus 31709 Parham, Bobby Eugene 109 P.O. Box 606, Milledgeville 31061 Parkman, Ralph M. 66-Post 1 548 North White St., Carrollton 30117 Parrish, John E., Jr. (Johnny) 97 P.O. Box 6349, Columbus 31907 Patten, Grover C. 146-Post 1 P.O. Box 312, Adel 31620 Patten, Robert L. 149 Route 1, Lakeland 31635 Peters, Robert G. 2 P.O. Box 550 Ringgold 30736 Petro, George 46 3189 C, Buford Hwy., Atlanta 30329 Phillips, L. L. Pete 120 Box 166, Soperton 30457 Phillips, R. T. (Tom) 59 1703 Pounds Rd., Stone Mountain 30083 Phillips, W. Randolph 91 Shiloh 31826 Pinkston, Frank 100 850 Georgia Power Bldg., Macon 31201 Rainey, Howard H. 135 201 8th St. South, Cordele 31015 Randall, William C. Billy 101 1978 Third Ave., Macon 31201 Ray, George E. 56-Post 2 1073 S. Indian Creek Dr., Stone Mountain 30083 Reaves, Henry L. 147 Route 2, Quitman 31643 Richardson, Mrs. Eleanor L. 52 755 Park Lane, Decatur 30033 Ross, Ben Barron 76 P.O. Box 245, Lincolnton 30817 Rush, Dewey D. 121 Route 4, Box 266, Glennville 30427 Russell, John D. 64 P.O. Box 588, Winder 30680 Russell, Walter B., Jr. (Walt) 53 921 Nottingham Drive, Avondale Estate 30002 Sams, Bill 90 410 First Ntl. Bank Bldg. Augusta 30902 Scott, David 37 190 Wendell Dr., S.E., Atlanta 30315 Shanahan, Tom L. 7 P.O. Box 427, Calhoun 30701 Sheats, Sam 28 486 Decatur St. Shopping Center S.E., Atlanta 30312 Sigman, Bobby 74 Route 2, Victoria Lane Oxford 30267 Sizemore, Earleen 136 Route 3, Sylvester 31791 Smith, J. R. 78 P.O. Box G, Barnesville 30204 Smith, Virlyn B. 42 330 Rivertown Road, Fairburn 30213 Smyre, Calvin 92 P.O. Box 181, Columbus 31902 Snow, Wayne, Jr. 1-Post 1 P.O. Box 26, Rossville 30741 Stone, R. Bayne 138-Post 1 208 Hester St. Hazlehurst 31539 Sweat, Ottis, Jr. 150 Route 4, Box 10 Waycross 31501 Taggart, Tom 125 139 Whitaker St., Savannah 31401 Thomason, Boyd 8-Post 2 Route 2, Jasper 30143 Thompson, Albert W. 93 P.O. Box 587 Columbus 31902 Tolbert, Tommy 56-Post 3 1569 Austin Dr., Decatur 30032 Toles, E. B. 16 1114 Park Blvd., Rome 30161 Townsend, Kiliaen V. R. 24 208 Townsend Place, N.W., Atlanta 30327 Triplett, Tom 128 P.O. Box 9586 Savannah 31402 Tucker, Ray M. 73 P.O. Box 469, McDonough 30253 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. 113 113 Tanglewood Drive, Warner Robins 31093 Walker, Larry 115 P. O. Box 1234, Perry 31069 Wall, Vinson 61 120 McConnell Drive, Lawrenceville 30245 Ware, J. Crawford 68 P.O. Box 305, Hogansville 30230 Watson, Roy H., Jr. (Sonny) 114 200 Forest Hill Drive, Warner Robins 31093 West, Jim 72-Post 3 7856 Fielder Rd, Jonesboro 30236 Wheeler, Bobby A. 152-Post 2 Route 1, Alma 31510 White, John 132 2016 Juniper Dr. Albany 31707 Whitmire, Doug 9-Post 2 Lamplighters Cove, Off Browns Bridge Rd., Gainesville 30501 Williams, Hosea L. 54 8 East Lake Dr., N.E., Atlanta 30317 Williamson, George 45 3358 Rennes Dr., Atlanta 30319 Wilson, Joe Mack 19-Post 1 217 Northcutt St., Marietta 30060 Wood, Joe T. 9-Post 1 P.O. Box 736, Gainesville 30501

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MEMBERS OF GEORGIA HOUSE OF REPRESENTATIVES BY DISTRICTS AND POST OFFICES FOR THE TERM 1975-76 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, Chatt., Tenn. 37409 2 Robert G. Peters P.O. Box 550, Ringgold 30736 3 Gerald H. Leonard 123 Murray Plaza, Chatsworth 30705 4-Post 1 Carlton Colwell P.O. Box 6, Blairsville 30512 4-Post 2 Ralph Twiggs P.O. Box 432, Hiawassee 30546 5 John Crawford Route 1, Lyerly 30730 6-Post 1 Jack Cole P.O. Box 626, Dalton 30720 6-Post 2 R. L. Foster 4899 Tibbs Bridge Rd., S.E., 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 Route 2, Jasper 30143 8-Post 3 Roger Johnson P.O. Box 1034, Canton 30114 9-Post 1 Joe T. Wood P.O. Box 736, Gainesville 30501 9-Post 2 Doug Whitmire Lamplighters Cove off Browns Bridge Rd., Gainesville 30501 9-Post 3 Jerry D. Jackson P.O. Box 7275 Chestnut Mtn. 30502 10 Jack Irvin Route 1, Baldwin 30511 11 William J. (Bill) Dover Timbrook, Hollywood 30524 12 Lauren (Bubba) McDonald, Jr. 506 Belmont Street, Commerce 30529 13-Post 1 Louie M. Clark RFD #2, Danielsville 30633 13-Post 2 Billy Milford Route 3, Hartwell 30643 13-Post 3 Charles C. Mann 238 Elbert Street Elberton 30635 14 John Adams 7 East Creekview Dr., Rome 30161 15 E. M. (Buddy) Childers 15 Kirkwood Street, Rome, 30161 16 E. B. Toles 1114 Park Boulevard, Rome 30161 17 Lynn Gammage 106 North College St., P.O. Box 718, Cedartown 30125 18 Thomas B. Murphy P.O. Box 163 Bremen 30110 19-Post 1 Joe Mack Wilson 217 Northcutt Street, Marietta 30060 19-Post 2 G. Robert Howard 723 Iroquois Drive, Marietta 30060 19-Post 3 Bill Cooper 3286 Powder Spring Rd., S.W., Marietta 30060 20-Post 1 C. W. Chuck Edwards 2799 Delk Road, S.E., Marietta 30062 20-Post 2 Carl Harrison P.O. Box 1374, Marietta 30060 20-Post 3 Ken Nix 3878 Manson Avenue, Smyrna 30080 21-Post 1 George H. Kreeger 3500 Lee Street Smyrna 30080 21-Post 2 A. L. (Al) Burruss 383 Kennesaw Avenue, Marietta 30060 22 Mrs. Dorothy Felton 465 Tanacrest Drive, N.E., Atlanta 30328 23 Robert A. Irvin Box 325, Roswell 30075 24 Kiliaen V. R. Townsend 208 Townsend Place, N.W., Atlanta 30327 25 Michael J. Egan 3100 First National Bank Tower, Atlanta 30303 26 Sidney J. Marcus 845 Canterbury Road, N.E., Atlanta 30324 27 George K. Larsen 48 Glenald Way, N.W., Atlanta 30327 28 Sam Sheats 486 Decatur Street, Shopping Center, S.E., Atlanta 30312 29 Douglas C. Dean 356 Arthur St., S.W. Atlanta 30310 30 Paul Bolster 1043 Ormewood Ave., S.E., Atlanta 30316 31 Mrs. Grace T. Hamilton 582 University Place, N.W., Atlanta 30314 32 Mildred Glover 672 Beckwith St., S.W., Atlanta 30314 33 J. C. Daugherty 202 Daugherty Building-15, Chestnut St., S.W. Atlanta 30314 34 Ben Brown 250 Mathewson Place, S.W. Atlanta 30314 35 J. E. (Billy) McKinney 765 Shorter Ter., N.W., Atlanta 30318 36 G. D. Adams 1977 Sylvan Rd., S.W., Atlanta 30310 37 David Scott 190 Wendell Dr., S.E., Atlanta 30315 38 William H. Alexander Citizens Trust Bank Building, Atlanta 30303 39 Robert A. (Bob) Holmes 2421 Poole Road, S.W., Atlanta 30311 40 Dick Lane 2704 Humphries Street, East Point 30344 41 Guy F. Hill 1074 Boatrock Road, S.W., Atlanta 30331 42 Virlyn B. Smith 330 Rivertown Road, Fairburn 30213 43-Post 1 Charles L. Carnes 6650 Powers Ferry Road, N.W., Atlanta 30339 43-Post 2 Gerald T. Horton 1230 The Healey Bldg., Atlanta 30303 43-Post 3 John W. Greer 802 Healey Building, Atlanta 30303 44 John Linder 5039 Winding Branch Drive, Dunwoody 30338 45 George Williamson 3358 Rennes Drive, Atlanta 30319 46 George Petro 3189 C Buford Highway, 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., Decatur 30030 50 John Hawkins 1211 Kingsley Circle, N.E., Atlanta 30324 51 Mrs. Mobley (Peggy) Childs 520 Westchester Drive, Decatur 30030 52 Mrs. Eleanor L. Richardson 755 Park Lane Decatur 30033 53 Walter B. (Walt) Russell, Jr. 921 Nottingham Drive, Avondale Estates 30002 54 Rev. Hosea L. Williams 8 East Lake Drive, N.E., Atlanta 30317 55 Betty J. Clark 2139 Flat Shoals Rd., S.E., Apt. 3, Atlanta 30316 56-Post 1 Walt Davis 3782 Snapfinger Road Lithonia 30058 56-Post 2 George E. Ray 1073 South Indian Creek Drive, Stone Mountain 30083 56-Post 3 Tommy Tolbert 1569 Austin Drive, Decatur 30032 57 Clarence R. Vaughn Jr. P.O. Box 410, Conyers 30207 58 Hugh Jordan 1284 Park Boulevard, Stone Mountain 30083 59 R. T. (Tom) Phillips 1703 Pounds Road, Stone Mountain 30083 60 B. B. Harris, Sr. Highway 120, Duluth 30136 61 Vinson Wall 120 McConnell Drive, Lawrenceville 30245 62 Hugh Logan 1328 Prince Avenue, Athens 30601 63 Chappelle Matthews 306 Southern Mutual Building, Athens 30601 64 John D. Russell P.O. Box 588, Winder 30680 65 Thomas Mac Kilgore 1992 Tara Circle, Douglasville 30134 66-Post 1 Ralph M. Parkman 548 North White St., Carrollton 30117 66-Post 2 Tom Glanton 539 North White St., Carrollton 30117 67 Nathan G. Knight P.O. Box 1175, Newnan 30263 68 J. Crawford Ware P.O. Box 305, Hogansville 30230 69 Edwin G. (Ed) Mullinax P.O. Drawer 1429, LaGrange 30240 70 Claude A. Bray, Jr. Bray Building - 20 Main Street, Manchester 31816 71-Post 1 John R. Carlisle P.O. Box 551, Griffin 30223 71-Post 2 John L. Mostiler 1102 Skyline Drive, Griffin 30223 72-Post 1 Wm. J. Bill Lee 5325 Hillside Drive, Forest Park 30050 72-Post 2 Frank I. Bailey, Jr. 6524 Hayes Drive, Riverdale 30274 72-Post 3 Jim West 7856 Fielder Road, Jonesboro 30236 72-Post 4 Rudolph Johnson 6126 Navaho Trail Morrow 30260 73 Ray M. Tucker P.O. Box 469 McDonough 30253 74 Bobby Sigman Route 2 - Victoria Lane, Oxford 30267 75 Bobby Carrell RFD 2, Monroe 30655 76 Ben Barron Ross P.O. Box 245, Lincolnton 30817 77 Ray D. Owens Route 1, Appling 30802 78 J. R. Smith P.O. Box G, Barnesville 30204 79 Marvin Adams Business 939 N. Bethel St., Home 709 Greenwood Road, Thomaston 30286 80 Benson Ham P.O. Box 677 Forsyth 31029 81 W. Jones Lane P.O. Box 484 Statesboro 30458 82 Paul E. Nessmith, Sr. Route 4, Statesboro 30458 83 Emory E. Bargeron P.O. Box 447, Louisville 30434 84 Warren D. Evans P.O. Box 670, Thomson 30824 85 R. A. Dent 2043 Rosalie Street, Augusta 30901 86 Bernard F. Miles 2934 Peach Orchard Road, Augusta 30906 87 Jack Connell P.O. Box 308, Augusta 30903 88 Anne C. Calhoun 2337 Kings Way, Augusta 30904 89 Bob Beckham P.O. Box 1533 Augusta 30903 90 Bill Sams 410 First Natl. Bank Building, Augusta 30902 91 W. Randolph Phillips Shiloh 31826 92 Calvin Smyre P.O. Box 181, Columbus 31902 93 Albert W. Thompson P.O. Box 587, Columbus 31902 94 C. Ed Berry 2516 Harding Drive, Columbus 31906 95 Thomas B. Buck, III Post Office Box 196, Columbus 31902 96 Jack A. King 3110 Hooper Avenue Columbus 31907 97 John E. (Johnny) Parrish, Jr. P.O. Box 6349 Columbus 31907 98 Bryant Culpepper P.O. Box 471, Fort Valley 31030 99 Billy L. Evans 1844 Flintwood Drive, Macon 31201 100 Frank Pinkston 850 Georgia Power Building, Macon 31201 101 William C. Billy Randall 1978 Third Avenue, Macon 31201 102 David E. Lucas 950 Barney A. Smith Motors Gray Hwy., Macon 31201 103 James A. Bowman Box 169, Jeffersonville 31044 104 Patrick (Pat) Banks 909 Newport Road Macon 31204 105 Tom C. Carr 313 North Smith Street, Sandersville 31082 106 Randolph C. Karrh P. O. Drawer K, Swainsboro 30401 107 A. D. Clifton Route 2, Metter 30439 108 Wilbur E. Baugh Box 926Gordon Road, Milledgeville 31061 109 Bobby Eugene Parham P.O. Box 606, Milledgeville 31061 110 Ward Edwards P.O. Box 146, Butler 31006 111 Don Castleberry P.O. Box 377, Richland 31825 112 E. Roy Lambert 126 Washington Street Madison 30650 113 Ted W. Waddle 113 Tanglewood Drive, Warner Robins 31093 114 Roy H. (Sonny) Watson, Jr. 200 Forest Hill Drive, Warner Robins 31093 115 Larry Walker P.O. Box 1234, Perry 31069 116 Oliver Oxford 317 West College Street, Americus 31709 117 Ben Jessup 101 Cherry Street, Cochran 31014 118 Terry L. Coleman 1201 4th Avenue, Eastman 31023 119 W. W. (Wash) Larsen, Jr. P.O. Box 2002 Dublin 31021 120 L. L. Pete Phillips Box 166, Soperton 30457 121 Dewey D. Rush Route 4-Box 266, Glennville 30427 122 Arthur Gignilliat Post Office Box 968, Savannah 31402 123 Jesse Blackshear P.O. Box 9182, Savannah 31401 124 Joe Battle 2308 Ranchland Drive, Savannah 31404 125 Tom Taggart 139 Whitaker Street, Savannah 31401 126 Herbert Jones, Jr. 413 Arlington Road, Savannah 31406 127 Bobby L. Hill 208 East 34th Street, Savannah 31401 128 Tom Triplett P.O. Box 9586, Savannah 31402 129 George Chance P.O. Box 373, Springfield 31329 130 John R. Irwin Dawson 31742 131 Charles Hatcher P.O. Box 750, Albany 31702 132 John White 2016 Juniper Drive, Albany 31707 133 R. S. Dick Hutchinson 915 6th Avenue, Albany 31705 134 T. Hayward McCollum 701 Cordele Road, Albany 31705 135 Howard H. Rainey 201 8th Street South, Cordele 31015 136 Earleen Sizemore Route 3, Sylvester 31791 137 Ted Hudson 301 Glynn Avenue, Fitzgerald 31750 138-Post 1 R. Bayne Stone 208 Hester Street, Hazlehurst 31539 138-Post 2 J. G. (Sonny) Harris Hm. Route 1-Box 32, Screven 31560 Off. P.O. Box 769 Jesup 31545 139 Donald H. Fraser P.O. Box 472, Hinesville 31313 140 Mobley Howell 800 Lakewood Drive, P.O. Box 348, Blakely 31723 141 Walter E. Cox Off. 202 West Street, Bainbridge 31717 Hm. 1109 Pine Street, Bainbridge 31717 142 Bobby Long 6th Street, N.W., Cairo 31728 143 James W. Keyton 137 Woodland Drive, Thomasville 31792 144 Marcus Collins Route 1, Pelham 31779 145 Dorsey R. Matthews Moultrie 31768 146-Post 1 Grover C. Patten P.O. Box 312, Adel 31620 146-Post 2 Jack Wilkes Carter P.O. Box 381 Adel 31620 147 Henry L. Reaves Route 2, Quitman 31643 148 James M. Beck 2427 Westwood Drive, Valdosta 31601 149 Robert L. Patten Route 1, Lakeland 31635 150 Ottis Sweat, Jr. Route 4-Box 10, Waycross 31501 151 Harry D. Dixon 1303 Coral Road, Waycross 31501 152-Post 1 Paul W. Foster P.O. Box 679, Blackshear 31516 152-Post 2 Bobby A. Wheeler Route 1, Alma 31510 153 Gene Leggett 2219 Tara Lane, Brunswick 31520 154 Eston A. Harden 114 Cater Street, St. Simons Island 31522

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STATUS OF REFERENDUM ELECTIONS FOR THE YEARS 1953 THROUGH 1974 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 2 18 1974 25 1 1 23 TOTALS 772 41 39 692

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REFERENDUM ELECTIONS1953-1971 The Act, approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. sess., page 523), provides that the results of all referendum elections which are provided for by any local or special law enacted by the General Assembly of Georgia shall immediately be certified, by the authority holding such election, to the Secretary of State. In addition thereto, the citation of the Act involved and the purpose of such election shall be sent to the Secretary of State at the same time. Georgia Laws 1953, January-February session: County Page No. SUBJECT Date of Election Result Carroll 3012 Town Mt. Zion 3-21-53 For 55 Agn 30 Chatham 2538 Taxation Not held DeKalb 3249 County Commissioners 5-13-53 For4445 Agn8483 Franklin 3030 County Commissioners 11- 2-54 For1152 Agn 565 Gilmer 3103 City of Ellijay 6- 1-53 For 69 Agn 151 Gilmer 588 City of Ellijay 6- 1-53 For 69 Agn 151 Gwinnett 3187 City of Lawrenceville 6-27-53 For 55 Agn 61 Irwin 2495 Tax Commissioner 11- 2-54 For 568 Agn 694 Mitchell 2577 City of CamillaTreasurer Not held Murray 2458 Town of Spring Place 5-19-53 For 36 Agn 48 Murray 2340 City of Chatsworth Election Results Not Known Murray 2444 Tax Commissioner 4-21-53 For 553 Agn 261 Troup 2276 City of West Point 4- 1-53 For 250 Agn 112 Whitfield 2128 City Court of Dalton 3-26-53 For 210 Agn2613

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Georgia Laws 1953, November-December session: County Page No. SUBJECT Date of Election Result Burke 2049 County Commissioners 9-8-54 For1833 Agn648 Cherokee 2668 Certain County Officerscompensation 11-2-54 For913 Agn674 Clayton 2855 City of Forest Park Election Results Not Known Clayton 2029 City of Jonesboro 12-9-53 For64 Agn229 Clayton 2064 City of Lake Tara Election Results Not Known Coweta 2040 City of Newnan 2-6-54 For1406 Agn603 Crisp 2407 City of Cordele 10-5-54 City vote: For202; Agn132 County vote: For23; Agn252 Decatur 2197 City of West Bainbridge 1-11-54 For200 Agn527 DeKalb 2578 City of Decatur 10-21-54 For466 Agn827 Early 2282 City of Blakely 4-19-54 For45 Agn82 Elbert 2987 City of Elberton 3-23-54 For958 Agn248 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 Agn164 McDuffie 2584 City of Thomson 3-12-54 For253 Agn290 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 For259 Agn189 Sumter 2972 City of Americus 1-12-54 For382 Agn431 Troup 2858 City of West Point 1-27-54 City vote: For140; Agn6 Outside city vote: For64; Agn53 Twiggs 2570 County Commissioners 11-2-54 For161 Agn626

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Georgia Laws, 1955: County Page No. SUBJECT Date of Election Result Baldwin 2830 County Commissioners 4-20-55 For1079 Agn716 Clarke 3057 City of Athens/Clarke Countyschool systems 5- 4-55 For1124 Agn564 Clayton 2781 City of Morrow 4-16-55 For75 Agn30 Clayton Fulton 2884 City of College Park 5-14-55 For46 Agn13 DeKalb 2806 Form of government 5-18-55 (1) Single Com. For 750 Multiple Com. For5013 (2) Co. Exec. For2728 Co. Manager For2733 Elbert 2117 City Court of Elberton 3- 7-56 For4471 Agn 522 Fulton 2650 City of Hapeville Election Results Not Known Gwinnett 3163 City of Lawrenceville 3-19-55 For 25 Agn 89 Hall 3038 Tax Commissioner 11-28-55 For2163 Agn775 Hall 2627 Certain County Officerscompensation 11-28-55 For2144 Agn826 Houston 2093 City of Warner Robins 4- 5-55 For234 Agn547 Jackson 2853 City of Commerce Not held Laurens 2620 City of Dublin 5-10-55 For582 Agn1327 Lumpkin 2892 County Commissioners 4-13-55 For337 Agn109 Rockdale 2428 Certain County Officerscompensation 4-16-55 For610 Agn877 Tift 2344 City of Tifton 4-27-55 For764 Agn270 Wayne 2858 City of Jesup 4-27-55 For383 Agn206

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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 2865 City of Milledgeville 7-18-56 For107 (1 of 2) Agn58 Baldwin 2865 City of Milledgeville 10-15-56 For463 (1 of 2) Agn243 Baldwin 3003 City of Milledgeville 7-18-56 For12 Agn51 Banks 2056 Sheriffcompensation 3-14-56 For1054 Agn1378 Barrow 3100 City of Winder 5- 4-56 For13 Agn103 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 2040 City of Forest Park Election Results (1 of 2) Not Known Clayton 2040 City of Forest Park Election Results (1 of 2) Not Known Clayton 2518 City of Mountain View 3-24-56 For341 Agn44 Clayton Fulton 2744 City of College Park 4-28-56 For28 Agn22 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: For99; Agn57 [UNK] Area 2-Colonial Heights Area: For145; Agn83 [UNK] Area 3-Crestwood Gardens Area: For27; Agn87 [UNK] Area vote: Area 4-East Moultrie Area: For41; Agn147 [UNK] Area 5-Tifton Highway Area: For29; Agn107 [UNK] Area 6-Sylvester Drive Area: For78; Agn144 [UNK] 2932 DeKalb City Court of Decatur 5-16-56 For12,520 3237 Agn5,846 DeKalb Multiple commission from of government 5-16-56 For18,393 (1 of 2) 3237 Agn2,001 DeKalb Commission Chairman 5-16-56 For:(a)4,743 (1 of 2) 2022 For:(b)15,300 Fayette Tax Commissioner 2-25-56 For292 3507 Agn37 Glascock Sheriffcompensation 3-14-56 For498 2502 Agn227 Gwinnett Tax Commissioner 11-6-56 For3,383 3166 Agn1,641 Hall City of Lula 3-27-56 Belton vote: For64; Agn2 Lula vote: For35; Agn3

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Georgia Laws, 1956: County Page No. SUBJECT Date of Election Result Houston 2510 City of Warner Robins 5-8-56 For215 Agn30 Jackson 2887 City Court of Jefferson 9-12-56 For972 Agn1556 Laurens 3267 City of Dublin Not held Miller 2799 Voting machines 9-12-56 For231 Agn580 Murray 3476 City of Chatsworth 8-25-56 For77 Agn109 Muscogee 2386 City of Columbus 9-12-56 City vote: For6179; Agn2356 Outside city vote: For516; Agn2070 Newton 2507 City of Covington 5-1-56 For109 Agn90 Richmond 2406 City of Augusta 4-18-56 For7769 Agn3734 Spalding 2412 City of Griffin 4-17-56 City vote: For948; Agn595 Affected area: For365; Agn400 Thomas 3159 Certain County Officerscompensation 4-24-56 For902 Agn939 Thomas 3510 Tax Commissioner 4-24-56 For876 Agn957 Troup 2827 City of Hogansville 7-18-56 City vote: For216; Agn117 Outside city vote: For41, Agn159 Troup 3078 City of Hogansville 7-18-56 For257 Agn276 Troup 3423 City of North West Point 4-25-56 For34 Agn111 Walker 2995 Town of Linwood Election Results Not Known Whitfield 2093 City of Dalton 3-15-56 For985 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 Agn314 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 For422 Agn128 Clarke 2033 City of Athens 2-27-57 For617 Agn2112 Clarke 2036 City of Athens 2-27-57 For714 Agn2047 Cobb 3020 City of Acworth 5-4-57 For73 Agn181 Coffee 2833 City of Douglas 5-29-57 For485 Agn99 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

Page 2046

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 For55 Agn30 Cherokee 2437 City of Canton 5-7-58 For119 Agn483 Cherokee 2661 City of Canton 5-7-58 For223 Agn37 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 For2 Agn0 Clayton Fulton 2363 City of College Park 5-14-58 For10 Agn0 Clayton Fulton 2721 City of College Park 6-3-58 For738 Agn340 Clayton Fulton 2453 City of College Park 5-19-58 For2 Agn0 Clayton Fulton 2854 City of College Park 5-14-58 For0 Agn0 Clayton Fulton 3212 City of East Point 7-16-58 For63 Agn28 Colquitt 2441 City of Moultrie 7-14-58 (Area 6) For53; Agn1 7-21-58 (Area 7) For110; Agn79 7-28-58 (Area 8) For31; Agn27 DeKalb 3318 City of Chamblee 5-10-58 City area vote: For41; Agn1 Affected area: For91; Agn41 Dodge 2207 County Commissioners 3-18-58 For571 Agn2997 Early 2829 City of Blakely 8-12-58 For59 Agn96 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: For39; Agn40 Parcel #3- City vote: For230; Agn14 Outside city: For24; Agn28 Fannin 3353 City of Blue Ridge 5-17-58 For162 Agn282 Franklin 2644 City of Carnesville 4-22-58 For33 Agn21 Gordon 2131 City of Calhoun 3-26-58 City vote: For234; Agn75 County vote: For203; Agn256 Hall 2279 City of Gainesville 4-1-58 For925 Agn169 Haralson 2820 City of Bremen Not Held Henry 3127 Certain County Officerscompensation 5-21-58 For346 Agn206 Henry 3132 City of Stockbridge 4-30-58 City vote: For61; Agn75 Outside City: For16; Agn116 Henry 3198 City of Hamption 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: For15; Agn50 Jeff Davis 3288 County Commissioners 4-19-58 For1025 Agn901 Lowndes 2624 City of Valdosta 4-14-58 For907 Agn243 Newton 2269 City of Covington 7-9-58 For151 Agn460 Polk 2468 Town of Van Wert 9-10-58 For7 Agn57 Pulaski 2826 Tax Commissioner 11-4-58 For222 Agn235 Putnam 2980 City of Eatonton 6-11-58 For42 Agn257 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 For19 Agn100 Wilkes 2091 County Commissioners 11-4-58 For749 Agn98 White 3224 County Commissioners Not held

Page 2050

Georgia Laws, 1959: County Page No. SUBJECT Date of Election Result Bartow 2782 City of Cartersville 4-29-59 For79 Agn154 Bartow 2793 City of Cartersville 4-29-59 For3 Agn21 Bartow 2797 City of Adairsville 5-12-59 For77 Agn120 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 For49 Agn2 Catoosa 2161 County Commissioners 3-28-59 For718 Agn2430 Chattooga 2809 City of Summerville 5-23-59 For160 Agn462 Cherokee 2494 Certain County Officerscompensation 4-4-59 For1522 Agn509 Clayton Fulton 2499 City of College Park 5-18-59 For14 Agn38 Clayton Fulton 2508 City of College Park 5-18-59 For0 Agn0 Clayton Fulton 2516 City of College Park 5-18-59 For5 Agn0 Clayton Fulton 2521 City of College Park 5-18-59 For3 Agn0 Cobb Douglas 3142 City of AustellParcel #2 8-18-59 For7 Agn8 Cobb Douglas 3142 City of AustellParcel #3 8-4-59 For2 Agn11 Cobb Douglas 3142 City of AustellParcel #1 8-25-59 For5 Agn49 Cobb Douglas 3142 City of AustellParcel #4 8-11-59 For14 Agn15 Colquitt 2396 City of Norman Park 5-25-59 For50 Agn81 Dougherty 2091 County Commissioners 4-12-60 For755 Agn417 Dougherty 3064 City of Albany 6-8-59 For1413 Agn710 Douglas 2871 City of Lithia Springs 4-8-59 For241 Agn569 Elbert 2627 County Commissioners 4-8-59 For804 Agn436 Elbert 2621 Tax Commissioner 4-8-59 For1041 Agn203 Elbert 2624 Certain County Officerscompensation 4-8-59 For1014 Agn228 Emanuel 2592 City of Twin City 5-4-59 For200 Agn162 Gwinnett 3161 City of Dacula 5-9-59 For82 Agn45 Habersham 2178 City of Cornelia 4-13-59 For102 Agn91 McDuffie 2568 Certain County Officerscompensation 6-30-59 For502 Agn75 Meriwether Talbot 2534 City of Manchester 4-1-59 For109 Agn30 Newton 2780 City of Oxford 5-1-59 For30 Agn36 Polk 2171 City of Cedartown 5-19-59 City vote: For387; Agn75 County vote: For86; Agn291 Polk 2732 Certain County Officerscompensation 3-16-60 For4388 Agn1624 Toombs 2010 County Commissioners 4-8-59 For1510 Agn827 Turner 2575 County Commissioners Not Held Union 2053 County Commissioners 3-17-59 For810 Agn1629

Page 2053

Georgia Laws, 1960: County Page No. SUBJECT Date of Election Result Banks 3035 County Commissioners 9-14-60 For1197 Agn767 Berrien 3301 City of Nashville 11-8-60 For466 Agn418 Bibb 3223 Macon-Bibb County 6-1-60 City vote: For4598; Agn4288 Outside City vote: For1902; Agn7368 Payne City vote: For37; Agn55 Chatham 2273 Town of Thunderbolt 1-17-61 For151 Agn283 Chattooga 2715 Town of Trion 5-5-60 For53 Agn25 Clarke 2234 City of Athens 4-13-60 For276 Agn522 Cobb 2127 City of Smyrna Election Results not known Coweta 3020 City of Newnan 4-30-60 For320 Agn146 Douglas Cobb 2118 City of Austell 3-26-60 For27 Agn38 Dodge 2608 Town of Rhine 4-27-60 For146 Agn4 DeKalb 3158 City of Decatur Election results Not Known Emanuel 2360 County Commissioners 11-8-60 For877 Agn2080 Evans 2251 City of Claxton 5-5-60 Proposed Area: For32; Agn62 Within City vote: For379; Agn107 Franklin 2143 County Commissioner Advisory Board 3-9-60 For2296 Agn1038 Fulton Clayton 2849 City of College Park 5-14-60 For6 Agn0 Fulton Clayton 2854 City of College Park 5-16-60 For21 Agn15 Greene 3089 Tax Commissioner 4-28-60 For801 Agn823 Greene 3093 Certain County Officerscompensation 4-28-60 For822 Agn835 Henry 3297 City of McDonough 5-18-60 Inside City vote: For61; Agn35 Outside City vote: For41; Agn83 Houston 2605 Tax Commissioner 11-8-60 For4059 Agn959 Jefferson 2913 Town of Avera Election Results Not Known Lamar 2294 Certain County Officerscompensation 5-11-60 For131 Agn193 Liberty 2237 County Commissioners 3-30-60 For1096 Agn573 Lowndes 3125 City of Valdosta 4-15-60 For87 Agn656 McIntosh 2888 Clerk Superior Court 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; Agn1 Morgan 2518 Certain County Officerscompensation 3-15-60 For1894 Agn332 Murray 3180 City of Spring Place Not Held Polk 2111 City of Cedartown 3-22-60 For74 Agn50 Pulaski 2991 Clerk Superior Court 9-14-60 For798 Agn962 Pulaski 2995 Tax Collector 9-14-60 For803 Agn952 Pulaski 2998 Ordinary 9-14-60 For805 Agn949 Pulaski 3001 Sheriff 9-14-60 For810 Agn953 Pulaski 3009 Tax Receiver 9-14-60 For777 Agn952 Rabun 2417 City of Clayton 5-25-60 For46 Agn160 Rockdale 2028 City of Conyers 3-2-60 For134 Agn283 Stewart 2051 County Commissioner and Advisory Board 3-16-60 For418 Agn297 Walton 2056 Certain County Officerscompensation 3-9-60 For3092 Agn918 Walton 2063 County Commissioners 3-9-60 For2748 Agn1117 Walton 2067 Tax Commissioner 3-9-60 For3181 Agn900 Wayne 2202 County Commissioners 3-4-60 For458 Agn1672 Whitfield 2003 County Commissioner 3-2-60 For955 Agn1042 Whitfield 2007 Certain County Officerscompensation 3-2-60 For1272 Agn746 Whitfield 2019 Tax Commissioner 3-2-60 For1227 Agn806

Page 2057

Georgia Laws, 1961: County Page No. SUBJECT Date of Election Result Appling 2197 City of Baxley 4-18-61 For514 Agn292 Bartow 2782 City of Cartersville 6-10-61 For6 Agn44 Bartow 3382 City of Cartersville 6-10-61 For29 Agn20 Bartow 3469 City of Cartersville 6-10-61 For205 Agn159 Bibb 2441 City of Macon 5-24-61 City vote: For1560; Agn445 Outside City vote: For12, 269; Agn9037 Carroll 3118 City of Carrollton 5-20-61 For267 Agn764 Chatham 2969 City of Savannah 5-10-61 City of Savannah: For9176; Agn1679 Zone No. 1: For886; Agn759 Zone No. 2: For123; Agn277 Chatham 3072 Civil Service System 4-20-61 For137 Agn144 Chattoga 2658 City of Summerville 5-27-61 For338 Agn241 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 For1077 Agn 463 Meriwether 2760 City of Manchester 5- 3-61 For 614 Agn 322 Meriwether 3058 Board of County Commissioners 5-31-61 For 860 Agn 320 Meriwether 3223 County Treasurer 5-31-61 For 680 Agn 493 Meriwether 3416 Tax Commissionercompensation 5-31-61 For 940 Agn 243 Meriwether 3456 Certain County Officerscompensation 5-31-61 For 938 Agn 254 Monroe 2994 City of Forsyth 10- 4-61 For 668 Agn 245 Murray 3403 City of Spring Place 6-24-61 For 24 Agn 19 Pike 2704 City of Zebulon 5- 6-61 For 52 Agn 1 Polk 2931 City of Rockmart 12- 2-61 See below * * Result: City of RockmartFor: 669; Agn: 174 Ward 1 For: 22; Agn: 36 Ward 2 For: 0; Agn: 17 Ward 3 For: 0; Agn: 0 Ward 4 For: 6; Agn: 69 Ward 5 For: 0; Agn: 1 Sumter 3251 City of Americus 5- 9-61 For 331 Agn 954 Troup 2650 City of West Point 4-26-61 For 143 Agn 224

Page 2060

Georgia Laws, 1962: County Page No. SUBJECT Date of Election Result Bryan 2505 City of Richmond Hill 4-4-62 For153 Agn119 Chatham 2707 Town of Pooler 4-26-62 For110 Agn114 Clarke 2677 City of Athens 5-23-62 For643 Agn521 Clarke 2751 City of Athens 4-25-62 For1228 Agn1361 Clayton Fulton 2592 City of College Park 5-5-62 For32 Agn37 Clayton Fulton 2599 City of College Park 6-1-62 For214 Agn1061 Clayton Fulton 3084 City of College Park 5-26-62 For4 Agn160 Columbia 2713 City of Martinez 9-12-62 For85 Agn573 Emanuel 2359 Board of County Commissioners 11-6-62 For450 Agn484 Fulton 2473 City of East Point 5-9-62 For1 Agn3 Fulton 2854 City of East Point 5-9-62 For1 Agn6 Fulton 2861 City of East Point 5-9-62 For6 Agn31 Fulton 3130 City of East Point 5-9-62 For25 Agn22 Gwinnett 2364 Pinball machines 11-6-62 For1737 Agn638 Henry 2403 Town of Locust Grove 4-25-62 For20 Agn27 Jackson 2620 City of Jefferson Not held Jackson 2624 City of Commerce 12-5-62 Inside City: For385; Agn108 Outside City: For58; Agn237 Laurens 2528 Town of Dudley 3-28-62 For29 Agn4 Laurens 3052 County Treasurer Not Held Meriwether 2244 City of Manchester 3-28-62 For234 Agn66 Meriwether 2396 City of Manchester 3-28-62 For251 Agn47 Meriwether 2422 City of Manchester 3-28-62 For224 Agn67 Meriwether 2603 City of Manchester 3-28-62 For231 Agn76 Meriwether 2613 City of Manchester 3-28-62 For227 Agn57 Mitchell 2158 City of Camilla 4-24-62 For15 Agn0 Murray 2576 City of Chatsworth 6-23-62 For143 Agn183 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 For550 Agn167 Oglethorpe 3202 City Court of Lexington 11-6-62 For392 Agn180 Putnam 2440 Certain County Officerscompensation 11-6-62 For626 Agn129 Putnam 3048 Tax Commissioner 11-6-62 For548 Agn184 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 For577 Agn543 Warren 2981 Clerk Superior Court attend Court of Ordinary 11-6-62 For281 Agn313 Washington 3038 City of Tennille 5-2-62 In proposed area: For13; Agn44 In City Tennille: For139; Agn58 Wayne 3110 Board of County Commissioners 11-6-62 For664 Agn449 Wilkinson 2847 Town of McIntyre 4-7-62 For70 Agn21

Page 2063

Georgia Laws, 1963: County Page No. SUBJECT Date of Election Result Baker 2928 Tax Collector and Tax Receivercompensation 4-25-63 For581 Agn343 Baldwin 3035 Civil and Criminal Court of Baldwin County 5-28-63 For142 Agn346 Bartow 2066 Sheriff's Deputies and Jailerscompensation 4-10-63 For721 Agn1170 Bartow 2070 Deputy Clerk of Superior Courtcompensation 4-10-63 For545 Agn1330 Bartow 2074 Clerical help in office of the Ordinarycompensation 4-10-63 For666 Agn1230 Bartow 2078 County Commissioner clerical helpcompensation 4-10-63 For532 Agn1343 Bartow 2082 Deputy Tax Commissionercompensation 4-10-63 For511 Agn1356 Bartow 2086 Sheriffequipment 4-10-63 For714 Agn1172 Berrien 2627 Town of Enigma 6-4-63 For15 Agn0 Bleckley 2382 Tax Commissioner 6-5-63 For209 Agn436 Cherokee 2016 City of Canton 5-1-63 For45 Agn29 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 For798 Agn570 Hall 3552 Board of County Commissioners 9-3-63 For1421 Agn1571 Henry 2609 Board of County Commissioners 5-15-63 For Sec. 1669 For Sec. 2624 Houston 3330 City of Warner Robins 5-7-63 For1127 Agn776 Irwin 2602 Tax Commissioner 5-28-63 For91 Agn279 Jackson 2575 City of Commerce Not Held Meriwether 2332 City of Warm Springs Not Held Muscogee 2731 City of Columbus 6-5-63 For3254 Agn1615 Newton 3017 Board of County Commissioners 5-15-63 For333 Agn669 Pulaski 3436 Tax Commissioner 6-18-63 For354 Agn321 Screven 2835 City of Sylvania 6-4-63 For160 Agn79 Talbot 2185 Board of County Commissioners 5-22-63 For239 Agn295 Telfair 2482 City of McRae 5-1-63 For130 Agn3 Thomas 3402 City of Boston 5-20-63 For45 Agn126 Thomas 3405 City of Boston 5-20-63 For52 Agn127 Turner 2471 County Commissioner 4-24-63 For249 Agn603 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 Agn119 Wilkes 3447 Tax Commissionercompensation 5-28-63 For1281 Agn130

Page 2066

Georgia Laws 1964, January-February session: County Page No. SUBJECT Date of Election Result Appling 2681 Certain County Officerscompensation 6-17-64 For2543 Agn848 Brooks 2776 City of Quitman Election Results Not Known Chatham 2288 Town of Pooler 4-15-64 For124 Agn61 Cherokee 2351 City of Woodstock Not held Cherokee 2431 City of Canton 4-8-64 For174 Agn394 Colquitt 2305 City of Moultrie 10-20-64 For1174 Agn613 Cook 2093 County Commissioners 3-4-64 For2003 Agn1612 Dodge 2954 City of Empire 6-2-64 For55 Agn71 Fulton 2478 City of Union City 5-8-64 For214 Agn279 Fulton 2988 City of Alpharetta * * (Repealed by Ga. L. 1964, Ex. Sess., p. 2342) Gwinnett 2733 City of Suwanee 5-11-64 For90 Agn4 Hancock 2088 Certain County Officerscompensation 4-22-64 For251 Agn64 Harris 2939 Town of Pine Mountain 4-29-64 Inside: For61 Agn43 Outside: For0 Agn7 Hart 2028 Board of Finance 9-9-64 Question A: 1,246 Question B: 873

Page 2067

Georgia Laws 1964, January-February session: County Page No. SUBJECT Date of Election Result McDuffie 2095 Board of County Commissioners 4-1-64 For971 Agn1720 McDuffie 2104 Tax Commissioner 4-1-64 For985 Agn1708 McDuffie 2107 Sheriff and Deputiescompensation 4-1-64 For982 Agn1705 Meriwether 2154 Town of Greenville Election Results Not Known Meriwether 2412 City of Woodbury 4-22-64 For110 Agn30 Monroe 2542 Board of County Commissioners Not held Murray 2672 County Commissionerscompensation 9-9-64 For1868 Agn1763 Peach 2627 Board of County Commissioners 4-29-64 (3 questions) For509 Agn502 For692 For93 Pickens 2066 Board of County Commissioners 3-4-64 For1822 Agn144 Pickens 2078 City of Jasper 3-21-64 Inside City: For43 Agn3 Outside City: For9 Agn0 Thomas 2497 Sheriffcompensation 4-29-64 For1685 Agn639 Tift 2208 City of Tifton 4-22-64 For281 Agn216 Tift 2361 City of Tifton 4-22-64 For136 Agn368 Tift 2900 Board of County Commissioners 5-13-64 For1992 Agn1290 Tift 3069 Board of County Commissioners 5-13-64 For2592 Agn738 Walker 2014 Ordinarycompensation 2-18-64 For4695 Agn285 Walker 2018 Tax Commissioner 2-18-64 For4673 Agn251 Walker 2024 Clerk Superior Courtcompensation 2-18-64 For4655 Agn298 Walker 2643 Fire Prevention Districts 2-15-65 For246 Agn41 Fire District Commissioners 3-22-65 For 3 member board 81 votes for each candidate Ware 2455 Tax Commissioner Not held Whitfield 2175 Board of County Commissioners 3-20-64 For3817 Agn2807 Wilkinson 2314 Tax Commissioner 11-3-64 For933 Agn863

Page 2069

Georgia Laws 1964, Extra Session: County Page No. SUBJECT Date of Election Result Baker 2096 Sheriffcompensation 7-15-64 For494 Agn529 Barrow 2347 City of Winder 9-9-64 For507 Agn372 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 For57 Agn104 Troup 2256 City of Hogansville 9-2-64 For200 Agn410 Troup 2350 Small Claims and Committal Court of LaGrange Election Results Not Known Worth 2116 City of Sylvester 12-2-64 For216 Agn32

Page 2070

Georgia Laws, 1965: County Page No. SUBJECT Date of Election Result Appling 3142 Certain County Employeescompensation 11-8-66 For589 Agn556 Appling 3361 Providing for an annual audit 11-8-66 For733 Agn326 Baldwin 2306 City of Milledgeville 6-2-65 For544 Agn462 Baldwin 2316 Board of County Commissioners 4-7-65 For801 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 For828 Agn1198 Decatur 2819 City of Bainbridge 4-7-65 For1148 Agn688 Decatur 3245 Small Claims Court of Decatur County 6-16-65 For447 Agn472 Dooly 2582 City of Unadilla 7-20-65 For56 Agn115 Echols 3160 City of Statenville 7-14-65 For72 Agn75 Fulton Clayton 3391 City of College Park 4-30-66 * * Sec. 1 For3; Agn67 Sec. 2 For0; Agn7 Sec. 3 For0; Agn12 Sec. 4 For0; Agn6 Sec. 5 For8; Agn43 Sec. 6 For5; Agn12 Sec. 7 For6; Agn31

Page 2071

Georgia Laws, 1965: County Page No. SUBJECT Date of Election Result Habersham 2727 City of Cornelia 5-12-65 For92 Agn123 Houston 2650 City Court of Warner Robins 6-22-65 For1847 Agn1657 Jackson 3408 City of Jefferson Election Results Not Known Liberty 3342 Town of Allenhurst 5-10-65 For51 For0 Madison 3068 Certain County Officerscompensation 6-16-65 Eff. 1-1-66 For1384 Eff. 1-1-67 For422 McDuffie 2480 Coronercompensation 5-12-65 For105 Agn58 Putnam 2862 County Commissionerscompensation 6-16-65 For183 Agn199 Thomas 2680 Creation of Fire Protection Districts 6-16-65 Fire Dist. No. 1 For226 Agn49 Fire Dist. No. 2 For116 Agn46 Fire Dist. No. 3 For364 Agn535 Tift 2541 Ordinarycompensation 6-16-65 For953 Agn353 Tift 2608 Clerk Superior Courtcompensation 6-16-65 For952 Agn381 Tift 2705 Tax Commissionercompensation 6-16-65 For943 Agn361

Page 2072

Georgia Laws, 1966: County Page No. SUBJECT Date of Election Result Appling 2754 Board of County Commissioners 11-8-66 For728 Agn479 Atkinson 2107 County Court of Atkinson County 11-8-66 For1004 Agn704 Bartow 2144 City of Adairsville 4-2-66 For167 Agn48 Bartow 2454 City of Adairsville 4-2-66 For210 Agn105 Bryan 2466 City Court of Pembroke 9-14-66 For368 Agn1148 Bulloch 2316 City of Statesboro 11-8-66 For265 Agn183 Fulton DeKalb 3337 City of Atlanta 5-11-66 Sandy Springs For-2504 Agn-5173 Adamsville For-198 Agn-151 Floyd 3129 Floyd School District 4-12-66 For1459 Agn3759 Habersham 2404 City of Cornelia 4-27-66 For150 Agn115 Habersham 2625 City of Cornelia 4-27-66 For149 Agn114 Habersham 3102 City of Cornelia 4-27-66 For144 Agn118 Habersham 3144 City of Cornelia 4-27-66 For157 Agn105 Hall 3305 Board of County Commissioners 11-8-66 For4842 Agn4335 Irwin 2472 Tax Commissioner 4-27-66 For184 Agn387 Jackson 3025 City of Jefferson Not held Jeff Davis 2352 City of Denton 4-6-66 For162 Agn58 Meriwether 2266 Certain County Officerscompensation 11-8-66 For1495 Agn2994 Meriwether 2521 Town of Luthersville 5-7-66 For40 Agn19 Meriwether 3318 City of Woodbury 5-11-66 For27 Agn6 Meriwether 3403 City of Greenville 5-4-66 For24 Agn19 Miller 2867 City of Colquitt Not held Miller 3372 Small Claims Court of Miller County 5-4-66 For180 Agn153 Pike 3170 City of Zebulon 4-30-66 For89 Agn14 Stephens 2628 County Commissioners 11-8-66 For1443 Agn1554 Wayne 3099 City of Jesup 5-25-66 For1083 Agn603

Page 2074

Georgia Laws, 1967: County Page No. SUBJECT Date of Election Result Banks 2538 County Board of Education 6-28-67 For333 Agn219 Banks Habersham 2610 Town of Baldwin Not held Barrow 3326 City of Statham 5-19-67 For185 Agn93 Ben Hill 2987 City of Fitzgerald Board of Education 6-13-67 For179 Agn507 Bulloch 3483 City of Statesboro 7-28-67 For490 Agn111 Bulloch 2997 Town of Brooklet 9-1-67 For33 Agn3 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 For663 Agn570 Clarke 3215 City of Athens Not Held Cook 2507 County Board of Education 8-16-67 For584 Agn135 Crisp 2691 County Board of Education 9-14-67 For266 Agn32 Dooly 2467 City of Vienna 6-20-67 For12 Agn9 Dooly 2922 County Board of Education 6-20-67 For807 Agn173 Echols 3491 City of Statenville 5-15-67 For62 Agn106 Floyd 2163 City of Rome 4-26-67 For333 Agn794 Gordon 2898 Fire Protection Services 6-21-67 For286 Agn111 Henry 2595 City of Stockbridge 5-13-67 Inside City For101 Agn87 Outside City For43 Agn475 Houston 2606 City of Warner Robins 4-25-67 For2292 Agn680 Houston 3241 County School Superintendent 11-7-67 For1001 Agn2317 Houston 3244 County Board of Education 11-7-67 For2559 Agn757 Lowndes 2118 Town of Dasher 4-11-67 For59 Agn5 McDuffie 2169 Deputy Sheriffcompensation 4-26-67 For1069 Agn539 Meriwether 2011 City of Greenville 4-3-67 For41 Agn0 Murray 2458 City of Chatsworth 5-31-67 For154 Agn19 Newton 2405 County Board of Education 5-3-67 For1258 Agn598 Newton 2784 Board of County Commissioners 5-3-67 For1301 Agn540 Pike 2448 Tax Commissioner 9-6-67 For454 Agn52 Pike 3152 County Board of Education 9-6-67 For441 Agn65 Polk 2718 County Board of Education 11-5-68 For3306 Agn1245 Pulaski 3463 Pulaski County/City of Hawkinsvilleschool merger 11-7-67 Pulaski County For249 Agn482 City of Hawkinsville For466 Agn236 Randolph 2243 Tax Commissionercompensation 4-26-67 Proposition #1 For1109 Proposition #2 For782 Stephens 3005 County Board of Education 5-2-67 For709 Agn1016 Stewart 3227 Clerk Superior Courtcompensation 11-5-68 For1097 Agn88 Thomas 2115 City of Thomasville 3-28-67 For841 Agn398 Turner 2694 City of Sycamore 5-26-67 For162 Agn51 Union 3064 Sheriffcompensation 6-28-67 For235 Agn790 Whitfield 2277 City of Dalton 4-19-67 For516 Agn607

Page 2077

Georgia Laws, 1968: County Page No. SUBJECT Date of Election Result Atkinson 2882 Board of County Commissioners 4-17-68 For591 Agn216 Bacon 3542 Tax Commissioner 6-11-68 For400 Agn321 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 Agn7,193 Bleckley 2278 City of Cochran 6-19-68 For351 Agn781 Candler 2446 County Board of Education 5-7-68 For296 Agn467 Carroll 2256 County School Superintendent 4-24-68 For250 Agn1,341 Carroll 2841 County Board of Education 4-24-68 For547 Agn1,087 Charlton 2342 City of Folkston 9-11-68 For118 Agn145 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 For4 Agn20 Cherokee 3751 Cherokee County School System 11-5-68 For2,042 Agn1,755 Coffee 2177 County Board of Education 4-24-68 For546 Agn1,101 Coffee 2181 County Commissioners 4-24-68 For508 Agn1,100 Colquitt 2130 City of Moultrie 4-23-68 For540 Agn715 Columbia 2708 County Board of Education 9-11-68 For2,048 Agn320 Decatur 2565 County Board of Education 5-1-68 For971 Agn1,104 Decatur 2756 City of Bainbridge 6-5-68 For292 Agn137 Douglas 2262 County School Superintendent 5-21-68 For189 Agn1,025 Douglas 3764 County Board of Education 5-21-68 For498 Agn686 Echols 3514 County Board of Education 11-5-68 For457 Agn38 Emanuel 2487 County Board of Education 4-24-68 For405 Agn633 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 For723 Agn1,212 Grady 2120 County Board of Education 5-14-68 For2,249 Agn717 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 For756 Agn1,272 Irwin 2822 Tax Commissioner 5-28-68 For191 Agn547 Jefferson 3421 County Board of Education 11-5-68 For3,029 Agn1,420 Jenkins 2960 Board of County Commissioners 6-10-68 For559 Agn179 Jenkins 2965 County Board of Education 6-10-68 For448 Agn298 Macon 2663 Tax Commissioner 5-1-68 For189 Agn261 Miller 2529 County Board of Education 5-14-68 For667 Agn345 Paulding 2381 County Board of Education 7-3-68 For233 Agn19 Pierce 2761 County Board of Education 11-5-68 For812 Agn1,377 Rabun 2272 Board of County Commissioners 4-9-68 For1,205 Agn1,144 Sumter 2065 County Board of Education 5-21-68 For626 Agn483 Tift 2023 City of Tifton 4-3-68 For408 Agn310 Toombs 3424 County Board of Education 5-29-68 For65 Agn772 Walker 2152 City of Lookout Mountain 5-9-68 For299 Agn252 Walker 2235 County Board of Education 5-9-68 For1,155 Agn887 Walton 2974 County Board of Education 6-18-68 For1,709 Agn265 Wayne 3361 County Board of Education 9-11-68 For1,140 Agn614 Whitfield 3065 City of Varnell 5-23-68 For41 Agn5 Wilkes 3462 Town of Rayle 5-17-68 For43 Agn4

Page 2081

Georgia Laws, 1969: County Page No. SUBJECT Date of Election Result Bartow 2929 City of Cartersville 6-19-69 For180 Agn277 Bibb 3331 Board of Elections 9-17-69 Inside City Limits For5892 Agn2086 Outside City Limits For514 Agn295 Butts 2456 County Board of Education 5-22-69 For422 Agn566 Camden 3543 Tax Commissioner Not Held Candler 2230 City of Metter 5-6-69 For326 Agn86 Charlton 2665 County Board of Education 7-15-69 For143 Agn287 Chatham 2584 City of Garden City Election Results Not Known Cherokee 2829 County Board of Education 6-17-69 Sec. 1 For1600 Agn718 Sec. 2 For624 Agn1657 Clarke 3028 County Board of Education 7-15-69 For1722 Agn1738 Cobb 2475 Cobb County School District 5-14-69 For773 Agn179 Colquitt 2559 County Board of Education 6-4-69 For1071 Agn1265 Coweta 2784 City of Newnan 7-2-69 For113 Agn584 Crisp 3806 City of Cordele 6-18-69 For299 Agn245 DeKalb 2501 City of Doraville 5-24-69 Tract No. 1 For15 Agn130 Tract No. 2 For40 Agn103 Effingham 3964 City of Guyton 6-4-69 For128 Agn179 Fannin 2637 Tax Commissioner 11-3-70 For1399 Agn1396 Fannin 2641 Board of County Commissioners 11-3-70 For1419 Agn1376 Fulton 4098 City of Fairburn 7-28-69 Sec. 1Vickers Rd. For3 Agn2 Sec. 2Bohannon Rd. For8 Agn1 Gwinnett 3960 City of Lawrenceville 5-21-69 Inside city limits: For289 Agn127 Outside city limits: For22 Agn198 Gilmer 2606 City of Ellijay 6-25-69 For139 Agn288 Hall 2346 City of Murrayville 6-11-69 For81 Agn104 Houston 3647 City of Warner Robins 6-17-69 For1512 Agn2064 Houston 3920 City of Warner Robins 10-14-69 City vote: For2134 Agn694 County vote: For38 Agn205 Houston 3927 City of Warner Robins Election Results Not Known Jackson 2987 City of Jefferson 7-21-69 For88 Agn171 Laurens 2270 City of Dublin 5-28-69 For121 Agn106 Lincoln 3352 County Treasurer 11-3-70 For601 Agn742 Muscogee 3356 City of Columbus 6-25-69 For15,707 Agn7,761 Muscogee 3571 Muscogee County Charter Commission 5-27-70 City of Columbus: For12,379 Agn2,778 Muscogee County: For12,508 Agn2,989 Pickens 3066 County School Superintendent 7-2-69 For52 Agn885 Putnam 2670 Sheriffcompensation 6-12-69 For282 Agn409 Putnam 3126 Tax Commissionercompensation Not Held Putnam 3130 Ordinarycompensation 6-12-69 For372 Agn328 Putnam 3594 Clerk Superior Courtcompensation 6-12-69 For283 Agn408 Putnam 3598 Board of County Commissionerscompensation 6-12-69 For218 Agn470 Putnam 3900 Coronercompensation 6-12-69 For290 Agn403 Pulaski 3915 City of Hawkinsville 10-14-69 City of Hawkinsville: For271 Agn82 Pulaski County: For35 Agn162 Spalding 3687 Small Claims Court of Spalding County 7-29-69 For795 Agn447 Seminole 2590 Small Claims Court of Seminole County 6-4-69 For221 Agn175 Stewart 2264 County Board of Education 5-14-69 For91 Agn12 Telfair 3641 County Board of Education 8-26-69 For277 Agn437 Thomas 3562 Town of Meigs Not Held Tift 2674 City of Tifton 6-25-69 City Area: For645 Agn578 Proposed Area: For433 Agn499 Toombs 3241 City of Lyons 6-25-69 For3 Agn0 Toombs 3244 City of Lyons 6-25-69 For2 Agn34 Washington 2467 City of Sandersville Elections Results Not Known Whitfield 2529 City of Cohutta 5-28-69 For84 Agn11 Walker 4014 City of Rossville 7-5-69 For118 Agn293

Page 2085

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 For815 Agn503 Murray 2365 City of Chatsworth 5-9-70 For133 Agn260 Peach 2647 County Board of Education 6-10-70 For544 Agn198 Pulaski 2880 Fire Protection Districts 5-19-70 For142 Agn140 Spalding 2651 City of Griffin 11-3-70 For2117 Agn1510 Stephens 2643 Board of County Commissioners 5-5-70 For822 Agn1743 Stephens 2436 County Board of Education 5-5-70 For1136 Agn1466 Tattnall 2033 City of Glennville 3-24-70 For269 Agn123 Thomas 3369 Board of County Commissioners 5-26-70 For920 Agn2460 Troup Harris 3476 City of West Point 5-27-70 Troup County For11 Agn0 Harris County For15 Agn0 City West Point For83 Agn3 Walton 2292 City of Social Circle Election Results Not Known Wayne 2067 City of Jesup Not held Wayne 3251 Wayne County Hospital Authority 11-3-70 For807 Agn1113 Washington 3104 County Board of Education 6-3-70 For439 Agn537

Page 2088

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

Page 2089

Georgia Laws 1971, January/February session: County Page No. SUBJECT Date of Election Result 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 For683 Agn642 Pike 3686 City of Zebulon 6-19-71 For52 Agn23 Polk 3708 City of Rockmart 10-2-71 For586 Agn254 Polk 3770 City of Aragon 6-2-71 For133 Agn85 Richmond 2123 Richmond County/City Augusta 5-25-71 Richmond County For5,834 Agn10,779 City of Augusta For6,415 Agn6,481 Stephens 3118 County Board of Education, etc. 6-22-71 For1,403 Agn1,855 Telfair 3448 Board of County Commissioners 7-20-71 For441 Agn700 Tift 2722 County Board of Education 6-9-71 For1,430 Agn404 Tift 2795 County CommissionersChrm. 6-9-71 For1,663 Agn273 Turner 2021 Personnel for Sheriff 4-27-71 For427 Agn915 Wayne 2678 Sheriff and Clerk Superior Court 11-7-72 Sec. 1: For1,324 Agn931 Sec. 2: For1,456 Agn898 Wayne 2715 County Board of Education 8-8-72 For403 Agn1,730 Bibb 2136 Board of Public Education 11-2-71 For10,399 Agn4,022 DeKalb 2154 City of Doraville 12-1-71 For441 Agn127 Haralson 2200 County Board of Education 1-12-72 For284 Agn1,043

Page 2092

Georgia Laws 1972, January/February session: County Page No. SUBJECT Date of Election Result Appling 2615 Small Claims Court Appling County 8-8-72 For1,309 Agn708 Baldwin 3325 County Board of Education 11-7-72 For2,708 Agn2,010 Baldwin 3685 City of Milledgeville 6-28-72 Sec. 1, Area 1 For3 Agn10 Sec. 2, Area 2 For13 Agn65 Sec. 3, Area 3 For1 Agn50 Sec. 4, Area 4 For30 Agn78 Sect. 5, Area 6 For35 Agn155 Sec. 6, Area 7 For16 Agn20 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 For1,387 Agn921 Brantley 3144 Salary increase for county officers 8-8-72 For940 Agn1,377

Page 2093

Georgia Laws 1972, January/February session: County Page No. SUBJECT Date of Election Result Brantley 3145 Salary of deputy sheriffs 8-8-72 For1,262 Agn1,059 Brantley 3147 Certain county officers compensation 8-8-72 For1,220 Agn983 Brantley 3148 Clerk Superior Court Salary 8-8-72 For841 Agn1,396 Brantley 3710 City of Nahunta 12-5-73 Election Results not known Camden 3138 Certain county officers salary 8-8-72 Demo. For701 Agn1,109 Rep. For0 Agn1 Camden 3705 Create Board of County Commissioners 8-8-72 Demo. For679 Agn1,070 Rep. For1 Agn0 Camden 3714 Compensation of Tax Commissioner 8-8-72 Demo. For654 Agn1,114 Rep. For0 Agn1 Camden 3717 County Board of Education 8-8-72 Demo. For683 Agn1,050 Rep. For1 Agn0 Camden 3770 Small Claims Court of Camden County 8-8-72 Demo. For926 Agn801 Rep. For1 Agn0 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 Agn7,595 Chatham 3116 Savannah-Chatham County Board of Education 5-9-72 For8,296 Agn19,097 Chattooga 2043 Abolish State Court Chattooga County 8-8-72 Demo. For2,455 Agn2,274 Rep. For2 Agn2 Decatur 3288 Board of County Commissioners 5-23-72 For668 Agn2,687 Dodge 2329 City of Eastman 4-27-72 For474 Agn1,117 Dodge 3339 County Board of Education 8-8-72 For914 Agn858 Douglas 3997 County Board of Education 5-16-72 For400 Agn620 Elbert 2479 Board of County Commissioners 8-8-72 For1,583 Agn3,036 Fayette 3438 Board of County Commissioners 11-7-72 For668 Agn3,138 Fayette 3435 Abolish office of county treasurer 11-7-72 For1,499 Agn2,210 Floyd 3300 Abolish State Court Floyd County 11-7-72 For6,911 Agn4,674 Forsyth 2065 Board of county commissioners 4-19-72 For551 Agn386

Page 2095

Georgia Laws 1972, January/February session: County Page No. SUBJECT Date of Election Result Gwinnett 4058 County Board of Education 5-17-72 For989 Agn924 Habersham 2382 City of Demorest Election Results Not Known Harris 3468 Board of County commissioners 8-8-72 For1,410 Agn616 Heard 2113 Board of county commissioners 5-3-72 For756 Agn732 Henry 2090 State Court of Henry County 4-19-72 For570 Agn1,943 Henry 2104 Board of County Commissioners 4-19-72 For407 Agn2,070 Houston 2399 County Board of Education 8-8-72 For2,853 Agn6,462 Jeff Davis 2760 County Board of Education 8-8-72 For829 Agn511 Laurens 4099 County Board of Education 8-8-72 For3,185 Agn1,103 Lowndes 2696 Ordinarycompensation 11-7-72 For3,533 Agn1,995 Lowndes 2701 Tax Commissionercompensation 11-7-72 For3,622 Agn1,885 Lowndes 2706 Clerk Superior Courtcompensation 11-7-72 For3,463 Agn2,254 McDuffie 2538 County Board of Education 6-8-72 For305 Agn61 McIntosh 2849 City of Darien 6-16-72 City of Darien For86 Agn62 Dist. No. 271 For7 Agn73 Total: For93 Agn135 McIntosh 2852 City of Darien 11-7-72 Not Held Macon 2322 Board of county commissioners 4-26-72 For608 Agn882 Madison 2547 County Board of Education 11-7-72 For1,060 Agn1,785 Madison 2972 Appt. of county school superintendent 11-7-72 For921 Agn2,145 Peach 3212 Appt. of county school superintendent 5-17-72 For688 Agn2,648 Peach 3910 City of Fort Valley 6-14-72 For440 Agn1,351 Pike 3003 County Board of Education 5-16-72 For402 Agn142 Pulaski 3244 Board of County Commissioners 5-23-72 For399 Agn939 Putnam 2678 County Board of Education 8-8-72 For1,262 Agn831 Putnam 3833 City of Eatonton 6-13-72 For118 Agn28 Spalding 2418 Griffin-Spalding County Bd. of Education 5-30-72 For452 Agn121 Telfair 4102 County Board of Education 6-20-72 For564 Agn365 Thomas 3343 Create Board of County Commissioners 5-16-72 For1,885 Agn3,278 Tift 2908 City of Tifton 5-3-72 For247 Agn498 Treutlen 2340 County Board of Education 5-9-72 For688 Agn233 Treutlen 2345 Board of County Commissioners 5-9-72 For715 Agn221 Walker 2647 County Board of Education 11-7-72 For6,373 Agn2,129 Walton 3006 City of Social Circle 5-31-72 For51 Agn49 Whitfield 4017 City of Tunnell Hill 5-16-72 For114 Agn159 Wilcox 2495 Appt. of County School Superintendent 5-10-72 For177 Agn1,042 Wilkinson 3312 Appt. of County School Superintendent 11-7-72 For348 Agn901 Wilkinson 333 County Board of Education 11-7-72 For654 Agn608

Page 2098

Georgia Laws 1973, January/February session: County Page No. SUBJECT Date of Election Result Appling 3569 County Board of Education-compensation 8-13-74 * * Date of State Wide Primary ElectionAugust 13, 1974. Yes: 791 No: 1033 Appling 3677 City of Baxley 9-29-73 Yes533 No45 Brantley 3631 City of Nahunta Election Results Not known 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 Agn4,090 Chatham 3693 City Savannah Beach 6-2-73 Yes21 No29 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 For648 Agn682 Clarke 2467 Clarke County Commissioners 8-14-73 Yes1,809 No1,125 Clarke 3374 Clarke County Board of Education 8-13-74 * Not Held Cherokee 3207 County Board of Education 7-17-73 Yes412 No52 Cook 2300 Cook County Commissioners 5-22-73 For758 Agn735 Greene 3853 Greene County Board of Education 8-13-74 * Not Held Habersham 3809 Habersham County Board of Education 11-6-73 For1,326 Agn1,465 Lowndes 3837 City of Twin Lakes 6-20-73 Yes37 No191 Marion 3827 County School Superintendent 11-5-74 ** ** Date of General ElectionNovember 5, 1974. Yes: 184 No: 331 Miller 2776 State Court of Miller County # # This 1973 Act repealed by Georgia Laws 1974, p. 11-5-74 ** See Below #

Page 2099

Georgia Laws 1973, January/February session: County Page No. SUBJECT Date of Election Result Montgomery 2550 Montgomery County Board of Education 6-5-73 Yes225 No256 Pulaski 2573 Pulaski County Board of Education 5-15-73 Yes808 No191 Stewart 3152 City of Lumpkin 6-12-73 Yes97 No173 Sumter 2127 Sumter County Board of Education 4-24-73 Yes322 No228

Page 2100

Georgia Laws 1974, January/February session: County Page No. SUBJECT Date of Election Result Banks 3798 Create office of Tax Commissioner 8-13-74 * * Date of General Primary. Yes: 1628 No: 671 Bibb 2028 Abolish Board of Water Commissioners of City of Macon 11-5-74 # # Date of General Election. Not Held Bibb 3074 Macon-Bibb County Water Sewerage Authority 5-14-74 For: 2049 Agn: 198 Brooks 3088 Change in Commissioner Districts 11-5-74 # Yes: 741 No. 567 Carroll 2791 City of Carrollton 6-11-74 Yes: 215 No. 66 Chatham 2088 City of Savannah 4-16-74 Yes: 192 No. 883 Chatham 2305 City of Savannah Beach-Tybee Island 4-1-74 Results Not Known Cherokee 2534 Board of County Commissioners 11-5-74 # Yes: 2989 No: 1995 Cobb 3516 Cobb County School District Board 11-5-74 # Yes: 18,039 No: 14,541 Fayette 2982 City of Fayetteville 11-5-74 # Yes: 302 No: 507 Fayette 3848 Abolish office of Treasurer 11-5-74 # Yes: 1928 No: 1616 Fayette 3030 Town of Tyrone 5-23-74 Yes: 77 No: 29 Fulton 2497 City of East Point 8-13-74 * Yes: 3378 No: 2852 Heard 2347 Town of Centralhatchee re-created 6-8-74 Yes: 9 No: 2 Long 2878 Board of Education members compensation 8-13-74 * Yes: 311 No. 303 Lowndes 2311 Town of Dasher 6-1-74 Yes: 31 No: 31 Newton 2978 City of Covington 12-4-74 Yes: 368 No: 674 Richmond 2105 1. Consolidation of City of Augusta and Richmond County government 5-14-74 City Vote (3 elections Yes: 4833 No: 2928 held on County Vote same date) Yes: 5801 No: 7106 2. Election of Sheriff for Richmond Cty. Yes: 11,431 3. Election of Board of Public Safety of Richmond County Yes: 6,575 Stephens 2037 Choice of 5 types of government for the County 4-9-74 Ques. 1 122 votes Ques. 2 396 votes ** ** Effective Question is No. 2. Ques. 3 108 votes Ques. 4 98 votes Ques. 5 248 votes Troup 2203 City of Hogansville 6-5-74 Inside City Yes: 57 No: 33 Outside City Yes: 13 No: 43 Upson 2023 County Board of Education created 4-9-74 Yes: 594 No: 111 Wilkes 3510 Appoint county school superintendent 11-5-74 # Yes: 739 No: 1274 All counties 186 The Common Day of Rest Act 11-5-74 # See results below *** *** Common Day of Rest Act. 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.

Page 2102

GENERAL ELECTION Date 11-5-74 Common Day of Rest Act of 1974 Ga. L. 1974, p. 186. COUNTY Yes No Appling 590 692 Atkinson 274 245 Bacon 300 603 Baker 109 253 Baldwin 1,901 1,989 Banks 566 709 Barrow 1,501 1,830 Bartow 1,704 2,407 Ben Hill 578 1,127 Berrien 442 1,142 Bibb 8,536 12,667 Bleckley 439 888 Brantley 189 303 Brooks 341 916 Bryan 344 447 Bulloch 1,604 2,441 Burke 545 797 Butts 786 929 Calhoun 166 429 Camden 367 430 Candler 187 231 Carroll 3,696 4,391 Catoosa 1,440 1,424 Charlton 177 198 Chatham 14,278 12,039 Chattahoochee 153 116 Chattooga 1,322 1,281 Cherokee 2,424 2,830 Clarke 6,525 4,853 Clay 116 242 Clayton 9,965 10,231 Clinch 144 379 Cobb 25,632 21,237 Coffee 629 1,493 Colquitt 1,168 2,701 Columbia 1,113 1,687 Cook 423 978 Coweta 2,622 2,470 Crawford 338 455 Crisp 537 1,303 Dade 485 317 Dawson 515 199 Decatur 579 958 DeKalb 54,127 40,882 Dodge 470 1,835 Dooly 314 684 Dougherty 3,887 8,146 Douglas 2,958 2,815 Early 297 1,084 Echols 66 74 Effingham 627 1,039 Elbert 998 1,765 Emanuel 803 1,353 Evans 231 676 Fannin 829 729 Fayette 1,752 2,153 Floyd 5,764 7,222 Forsyth 1,415 1,576 Franklin 513 1,502 Fulton 56,902 38,497 Gilmer 674 825 Glascock 96 201 Glynn 2,067 2,658 Gordon 1,477 1,428 Grady 524 1,273 Greene 962 1,101 Gwinnett 8,846 10,024 Habersham 1,215 1,281 Hall 5,111 3,714 Hancock 363 503 Haralson 1,289 1,616 Harris 908 1,322 Hart 420 1,408 Heard 351 417 Henry 2,125 2,638 Houston 4,338 5,170 Irwin 285 676 Jackson 2,166 2,042 Jasper 352 493 Jeff Davis 250 522 Jefferson 405 1,380 Jenkins 279 489 Johnson 373 990 Jones 826 1,147 Lamar 748 855 Lanier 115 290 Laurens 1,839 3,649 Lee 410 837 Liberty 385 567 Lincoln 236 565 Long 149 254 Lowndes 2,069 3,382 Lumpkin 1,043 504 Macon 541 765 Madison 731 883 Marion 167 368 McDuffie 707 1,336 McIntosh 508 418 Meriwether 1,501 1,520 Miller 83 210 Mitchell 697 1,688 Monroe 906 1,058 Montgomery 206 611 Morgan 791 1,186 Murray 414 492 Muscogee 10,456 12,112 Newton 1,832 2,364 Oconee 848 877 Oglethorpe 698 684 Paulding 1,350 1,643 Peach 874 1,339 Pickens 536 443 Pierce 311 540 Pike 652 713 Polk 1,973 2,009 Pulaski 430 566 Putnam 565 545 Quitman 85 142 Rabun 618 701 Randolph 334 790 Richmond 7,477 11,596 Rockdale 1,811 2,032 Schley 117 171 Screven 514 740 Seminole 309 588 Spalding 2,867 3,258 Stephens 698 1,673 Stewart 183 329 Sumter 1,119 1,925 Talbot 320 326 Taliaferro 70 192 Tattnall 484 960 Taylor 520 741 Telfair 359 977 Terrell 456 1,062 Thomas 1,315 2,173 Tift 940 1,716 Toombs 975 1,640 Towns 535 247 Treutlen 333 630 Troup 2,550 3,831 Turner 334 870 Twiggs 427 696 Union 1,330 548 Upson 2,145 2,115 Walker 2,104 2,264 Walton 1,397 1,786 Ware 1,363 1,910 Warren 173 364 Washington 1,035 2,037 Wayne 660 1,118 Webster 99 127 Wheeler 257 698 White 941 562 Whitfield 2,030 2,274 Wilcox 239 759 Wilkes 439 1,531 Wilkinson 395 765 Worth 423 1,203 TOTAL End of Listing for: Georgia Laws 1974, Jan./Feb. Session. Footnote: The Common Day of Rest Act of 1974 was declared unconstitutional in part by the Georgia Supreme Court in Rutledge v. Gaylord's, Inc., 233 Ga. 694, decided February 13, 1975.

Page 2105

A PROCLAMATION BY THE GOVERNOR: WHEREAS: Pursuant to the provisions of Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended, sixteen (16) general Constitutional Amendments were published and submitted to the electors of the State of Georgia for ratification at the General Election held on November 5, 1974; and WHEREAS: The number of votes cast for and against the sixteen (16) general Constitutional Amendments voted on in the General Election held November 5, 1974, have been counted, tabulated, computed and canvassed by the Secretary of State of the State of Georgia, and the results thereof certified to me as Governor of the State of Georgia; and WHEREAS: Said certification is attached hereto and by reference is made a part hereof. NOW, THEREFORE, PURSUANT TO THE AUTHORITY VESTED IN ME AS GOVERNOR OF THE STATE OF GEORGIA, PARTICULARLY BY VIRTUE OF THE PROVISIONS OF ARTICLE XIII, SECTION I, PARAGRAPH I OF THE CONSTITUTION OF GEORGIA OF 1945, AS AMENDED, IT IS HEREBY PROCLAIMED: That the proposed general Constitutional Amendments numbered 1, 2, 4, 5, 6, 8, 9, 12, 13, 14, 15 and 16 on the ballot, having been ratified according to the Constitution of the State of Georgia according to the results of the November 1974 General Election held on Tuesday, November 5, 1974, are a part of the Constitution of the State of Georgia. Unless the amendment itself shall provide otherwise, each amendment to the Constitution shall become effective on January 1, 1975. FURTHER: I do further proclaim that the proposed general Constitutional Amendments numbered 3, 7, 10 and 11 on the ballot, not having been ratified according to the Constitution of the State of Georgia according to the results of the November 1974 General Election held on Tuesday, November 5, 1974, are not a part of the Constitution of the State of Georgia. IN WITNESS WHEREOF I have hereunto set my hand and caused the Great Seal of the State of Georgia to be affixed hereto, at the

Page 2106

State Capitol in the City of Atlanta on this the 16th day of December 1974, and of the Independence of the United States of America, the One Hundred and Ninety-ninth. I, BEN W. FORTSON, JR., Secretary of State of the State of Georgia, do hereby certify that in the General Election held in this State November 5, 1974, the number of votes cast for and against the sixteen (16) general Constitutional Amendments voted on in said election are tabulated on the four typewritten pages hereto attached and is the true and correct total vote as shown by the consolidated returns which are filed in this office. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 18th day of November, in the year of our Lord One Thousand Nine Hundred and Seventy-four and of the Independence of the United States of America the One Hundred and Ninety-ninth.

Page 2107

FOR AGAINST 1. (Ga. L. 1973 P. 1486) Shall the Constitution be amended so as to provide that all courts of the State shall be a part of one unified judicial system and to provide that the administration of the unified judicial system shall be as provided by law? 370,697 252,155 2. (Ga. L. 1974 P. 1652) 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? 441,428 195,078 3. (Ga. L. 1973 P. 1502) Shall the Constitution be amended so as to confer the authority to grant corporate powers and privileges to private companies to the Secretary of State? 224,133 354,608 4. (Ga. L. 1974 P. 1648) 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? 369,955 215,608 5. (Ga. L. 1973 P. 1489) Shall the Constitution be amended so as to authorize the General Assembly to create and establish a State Court of Claims whereby persons who have suffered injury or damage caused by the State, its agencies or political subdivisions, shall have a means of obtaining relief therefor, and to provide that the Supreme Court and the Court of Appeals of Georgia shall have original jurisdiction to try and correct errors of law from such State Court of Claims? 456,509 140,412 6. (Ga. L. 1974 P. 1704) 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 held in this State for manufacturing or processing purposes, shall be exempt from all ad valorem taxation? 338,025 242,830 7. (Ga. L. 1973 P. 1496) Shall the Constitution be amended so as to delete therefrom the requirement that a majority of the registered voters of a political subdivision desiring to issue revenue certificates to buy, construct, extend, operate and maintain gas or electric generating and distribution systems must participate in the election authorizing such actions? 277,291 279,426 8. (Ga. L. 1974 P. 1811) 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? 357,664 209,436 9. (Ga. L. 1974 P. 1663) 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 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? 296,834 249,653 10. (Ga. L. 1974 P. 1666) 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? 240,325 290,897 11. (Ga. L. 1974 P. 1671) 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? 260,562 291,292 12. (Ga. L. 1973 P. 1493) Shall the Constitution be amended so as to provide that in all cities of this State having a population of more than 300,000, as disclosed by the United States Decennial Census of 1970, or any such future census, the governing authority shall be authorized to provide, from time to time, for the increase of retirement or pension benefits of persons who who have retired from employment with any such municipal corporation pursuant to any retirement system, annuity and benefit fund, pension system or similar system heretofore or hereafter created by law, and to authorize such municipal corporations to appropriate funds for such purposes? 325,017 221,938 13. (Ga. L. 1974 P. 1648) 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 65 years of age or over qualifying for a homestead exemption of $4,000.00? 436,119 161,803 14. (Ga. L. 1973 P. 1506) Shall the Constitution be amended so as to create the City of Covington Parking Authority and to provide for the powers, authority and duties of such Authority, and to authorize the Authority to issue its revenue bonds and to provide for the method and manner of such issuance and for the validation thereof, and to authorize the Authority to contract with the City of Covington and with the State of Georgia and any departments, institutions, agencies, municipalities, counties or political subdivisions of the State of Georgia, public corporations and others and to authorize the City of Covington to contract with the Authority and to authorize said City to levy taxes and to expend tax monies of the City and any other available funds of the City and to make payment thereof to the Authority upon such terms as may be provided in any contract entered into by and between the Authority and the City of Covington? 243,733 228,414 15. (Ga. L. 1974 P. 1738) 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 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? 248,793 222,061 16. (Ga. L. 1974 P. 1781) Shall the Constitution be amended so as to create the Douglasville-Douglas County Stadium Authority? 245,456 228,847

Page 2111

A PROCLAMATION BY THE GOVERNOR: WHEREAS: Pursuant to the provisions of Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended, sixty-three (63) local Constitutional Amendments were published and submitted to the electors of the State of Georgia for ratification at the General Election held on November 5, 1974; and WHEREAS: The number of votes cast for and against the sixty-three (63) local Constitutional Amendments voted on in the General Election held November 5, 1974, have been counted, tabulated, computed and canvassed by the Secretary of State of the State of Georgia, and the results thereof certified to me as Governor of the State of Georgia; and WHEREAS: Said certification is attached hereto and by reference is made a part hereof. NOW, THEREFORE, PURSUANT TO THE AUTHORITY VESTED IN ME AS GOVERNOR OF THE STATE OF GEORGIA, PARTICULARLY BY VIRTUE OF THE PROVISIONS OF ARTICLE XIII, SECTION I, PARAGRAPH I OF THE CONSTITUTION OF GEORGIA OF 1945, AS AMENDED, IT IS HEREBY PROCLAIMED: That the proposed local Constitutional Amendments numbered 17, 18, 19, 20, 21, 23, 24, 26, 27, 28, 29, 31, 32, 34, 35, 37, 38, 40, 41, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 70, 71, 72, 73, 74, 75, 76, 77, 78 and 79 on the ballot, having been ratified according to the Constitution of the State of Georgia according to the results of the November 1974 General Election held on Tuesday, November 5, 1974, are a part of the Constitution of the State of Georgia. Unless the amendment itself shall provide otherwise each amendment to the Constitution shall become effective on January 1, 1975. FURTHER: I do further proclaim that the proposed local Constitutional Amendments numbered 22, 25, 30, 33, 36, 39, 42, 43, 44, 57 and 69 on the ballot, not having been ratified according to the Constitution of the State of Georgia according to the results of the November 1974 General Election held on Tuesday, November 5, 1974, are not a part of the Constitution of the State of Georgia. IN WITNESS WHEREOF I have hereunto set my hand and caused the Great Seal of the State of Georgia to be affixed hereto, at the

Page 2112

State Capitol in the City of Atlanta on this the 16th day of December, 1974, and of the Independence of the United States of America, the One Hundred and Ninety-Ninth. I, BEN W. FORTSON, JR., Secretary of State of the State of Georgia, do hereby certify, that in the General Election held in this State on November 5, 1974, the number of votes cast for and against the sixty-three (63) local Constitutional Amendments voted on in said election are tabulated on the attached fourteen typewriten pages and is a true and correct total vote as shown by the consolidated returns which are of file and record in this office. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 18th day of November, in the year of our Lord One Thousand Nine Hundred and Seventy-four and of the Independence of the United States of America the One Hundred and Ninety-ninth.

Page 2113

FOR AGAINST 17. (Ga. L. 1974 P. 1708) APPLING COUNTY 910 407 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? 18. (Ga. L. 1974 P. 1706) BIBB COUNTY 15,770 4,549 City of Macon 13,145 3,724 City of Payne 42 9 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? 19. (Ga. L. 1974 P. 1724) BIBB COUNTY Bibb County School District 9,399 8,122 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 compensation without the necessity of any such local law being approved in a referendum election thereon? 20. (Ga. L. 1974 P. 1754) BIBB COUNTY 10,482 1,344 City of Macon 8,849 5,899 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? 21. (Ga. L. 1974 P. 1696) BRYAN COUNTY 424 360 Shall the Constitution be amended so as to change the membership of the Bryan County Industrial Development Authority? 22. (Ga. L. 1974 P. 1758) BULLOCH COUNTY Bulloch County School District 1,335 3,006 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? 23. (Ga. L. 1974 P. 1702) CARROLL COUNTY City of Bowden 395 85 Shall the Constitution be amended so as to provide that the homestead of residents of the City of Bowden 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? 24. (Ga. L. 1974 P. 1692) CHATHAM COUNTY Chatham County School District 14,952 6,589 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? 25. (Ga. L. 1974 P. 1759) CHATHAM COUNTY 8,262 11,818 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, 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? 26. (Ga. L. 1974 P. 1772) CHATHAM COUNTY 12,395 7,177 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? 27. (Ga. L. 1974 P. 1694) CLAYTON COUNTY City of Forest Park 3,115 369 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 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? 28. (Ga. L. 1974 P. 1718) CLAYTON COUNTY City of Riverdale 697 47 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? 50. (Ga. L. 1974 P. 1768) CLAYTON COUNTY City of College Park in Clayton County 398 41 City of College Park in Fulton County 2,340 207 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? 29. (Ga. L. 1973 P. 1522) COBB COUNTY 36,125 6,091 Cobb County School District 32,430 5,497 Shall the Constitution be amended so as to provide a homestead exemption of $6,000.00 from all Cobb County ad valorem taxes, including ad valorem taxes for the Cobb County school district, for residents of Cobb County who are disabled and who have a net income not exceeding $6,000.00 for the immediately preceding taxable year? 30. (Ga. L. 1973 P. 1527) COBB COUNTY 17,474 21,281 Shall the Constitution be amended so as to authorize the General Assembly to provide by local law for the exercise of the planning and zoning powers within Cobb County; provided, however, that the ultimate planning and zoning decisions made pursuant hereto shall be made by the elected planning and zoning commissioners from Cobb County, by the planning and zoning commissioner appointed by the Board of Commissioners of Cobb County and by the planning and zoning commissioner appointed by the Board of Education of Cobb County? 31. (Ga. L. 1974 P. 1730) COBB COUNTY Cobb County School District 26,568 8,637 Marietta School District 3,053 908 Shall the Constitution be amended 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? 32. (Ga. L. 1974 P. 1763) COBB COUNTY Cobb County School District 17,190 14,290 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? 33. (Ga. L. 1974 P. 1798) COBB COUNTY 17,373 21,691 Shall the Constitution be amended so as to create the Board of Elections of Cobb County and to provide for a Superintendent of Elections? 34. (Ga. L. 1974 P. 1700) COWETA COUNTY City of Newnan 994 651 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? 49. (Ga. L. 1974 P. 1766) COWETA COUNTY City of Palmetto in Coweta County 11 1 City of Palmetto in Fulton County 273 33 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? 35. (Ga. L. 1973 P. 1491) DeKALB COUNTY City of Atlanta in DeKalb County 2,545 450 City of Atlanta in Fulton County 39,040 9,638 Shall the Constitution be amended to grant a homestead exemption in all taxable years beginning after December 31, 1974, from all except certain ad valorem taxation by the City of Atlanta and to fix the amount of such exemption at $10,000.00 for certain residents of the City who have attained the age of 65 years and have an annual adjusted gross income not exceeding $8,000.00 and at $5,000.00 for certain other residents of the City of Atlanta under certain circumstances? 36. (Ga. L. 1974 P. 1660) DeKALB COUNTY City of Atlanta in DeKalb County 1,139 1,624 City of Atlanta in Fulton County 20,773 25,370 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? 37. (Ga. L. 1974 P. 1669) DeKALB COUNTY DeKalb County School District 59,935 14,339 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? 38. (Ga. L. 1974 P. 1720) DeKALB COUNTY 53,134 23,167 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? 39. (Ga. L. 1974 P. 1779) DeKALB COUNTY 28,120 50,895 Shall the Constitution be amended so as to authorize DeKalb County, Georgia, to issue in any one year general obligation bonds not in excess of $4,000,000 in principal amount for lawful public purposes without an election, but subject to certain limitations? 40. (Ga. L. 1974 P. 1654) DOUGHERTY COUNTY 6,818 3,196 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 matters relating to or incident to the same? 41. (Ga. L. 1974 P. 1770) DOUGHERTY COUNTY 6,780 3,750 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? 42. (Ga. L. 1973 P. 1499) FLOYD COUNTY 5,857 6,303 Shall the Constitution be amended so as to authorize the General Assembly to provide by law for the abolishment of the office of Coroner of Floyd County and to create the office of medical examiner of Floyd County? 43. (Ga. L. 1974 P. 1732) FORSYTH COUNTY 1,279 1,882 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 and a chief of county police, and to provide for the powers of the Sheriff of Forsyth County? 44. (Ga. L. 1974 P. 1774) FORSYTH COUNTY 1,331 1,696 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? 35. (Ga. L. 1973 P. 1491) FULTON COUNTY City of Atlanta in Fulton County 39,040 9,638 City of Atlanta in DeKalb County 2,545 450 Shall the Constitution be amended to grant a homestead exemption in all taxable years beginning after December 31, 1974, from all except certain ad valorem taxation by the City of Atlanta and to fix the amount of such exemption at $10,000.00 for certain residents of the City who have attained the age of 65 years and have an annual adjusted gross income not exceeding $8,000.00 and at $5,000.00 for certain other residents of the City of Atlanta under certain circumstances? 36. (Ga. L. 1974 P. 1660) FULTON COUNTY City of Atlanta in Fulton County 20,773 25,370 City of Atlanta in DeKalb County 1,139 1,624 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? 45. (Ga. L. 1973 P. 1495) FULTON COUNTY City of East Point 4,993 2,456 Shall the Constitution be amended so as to authorize an increase in retirement benefits of retired employees of the City of East Point? 46. (Ga. L. 1974 P. 1657) FULTON COUNTY 69,160 14,016 Fulton County School District 27,514 5,403 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? 47. (Ga. L. 1974 P. 1673) FULTON COUNTY City of East Point 6,709 828 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? 48. (Ga. L. 1974 P. 1686) FULTON COUNTY City of Hapeville 1,357 149 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? 49. (Ga. L. 1974 P. 1766) FULTON COUNTY City of Palmetto in Fulton County 273 33 City of Palmetto in Coweta County 11 1 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? 50. (Ga. L. 1974 P. 1768) FULTON COUNTY City of College Park in Fulton County 2,340 207 City of College Park in Clayton County 398 41 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? 51. (Ga. L. 1974 P. 1809) FULTON COUNTY 54,645 24,208 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? 52. (Ga. L. 1973 P. 1504) GORDON COUNTY 1,294 813 Shall the Constitution be amended so as to authorize Gordon County to appropriate to HAND UP, INC., a sum not to exceed $5,000.00 per annum out of the public funds of said county? 53. (Ga. L. 1973 P. 1505) GORDON COUNTY City of Calhoun 632 197 Shall the Constitution be amended so as to authorize the City of Calhoun to appropriate to HAND UP, INC., a sum not to exceed $5,000.00 per annum out of the public funds of said city? 54. (Ga. L. 1974 P. 1691) GWINNETT COUNTY City of Norcross 599 44 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? 55. (Ga. L. 1974 P. 1722) GWINNETT COUNTY City of Sugar Hill 380 27 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? 56. (Ga. L. 1974 P. 1726) GWINNETT COUNTY City of Snellville 1,424 83 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? 57. (Ga. L. 1974 P. 1776) GWINNETT COUNTY 6,915 9,946 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 and improvements to said water and sewerage system or water or water and sewerage system, or both? 58. (Ga. L. 1974 P. 1796) GWINNETT COUNTY 14,877 2,720 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? 59. (Ga. L. 1974 P. 1798) GWINNETT COUNTY 12,606 4,438 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? 60. (Ga. L. 1974 P. 1807) GWINNETT COUNTY 10,246 6,810 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? 61. (Ga. L. 1974 P. 1735) HALL COUNTY 4,481 3,575 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? 62. (Ga. L. 1973 P. 1500) HOUSTON COUNTY City of Perry 1,146 307 Shall the Constitution be amended so as to increase the homestead exemption of the City of Perry for persons over 65 years of age and to increase the maximum allowable income of such persons from a homestead exemption of $2,000.00 and maximum allowable income of $4,000.00 to a homestead exemption of $4,000.00 and a maximum allowable income of $6,000.00. 63. (Ga. L. 1973 P. 1525) HOUSTON COUNTY 5,564 3,258 Shall the Constitution be amended so as to authorize and empower the governing authority of Houston County to levy, assess and collect a license fee from any person, firm or corporation who may maintain a place of business or who may in any manner engage in any type of business in any area of Houston County outside the incorporated limits of municipalities and to otherwise regulate businesses in the unincorporated areas of Houston County? 64. (Ga. L. 1974 P. 1728) HOUSTON COUNTY 7,386 2,124 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? 65. (Ga. L. 1974 P. 1689) JACKSON COUNTY 3,270 989 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 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? 66. (Ga. L. 1974 P. 1711) LOWNDES COUNTY City of Valdosta 2,350 732 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? 67. (Ga. L. 1974 P. 1715) LOWNDES COUNTY 2,876 1,493 City of Valdosta 2,569 1,005 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? 68. (Ga. L. 1974 P. 1684) MACON COUNTY 887 855 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 such fee for the payment of obligations incurred in connection with the construction and/or operation of a county-wide general hospital and related facilities? 69. (Ga. L. 1974 P. 1683) McDUFFIE COUNTY 423 1,206 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. 70. (Ga. L. 1974 P. 1676) MUSCOGEE COUNTY Muscogee County School District 19,823 3,700 Shall the Constitution be amended 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? 71. (Ga. L. 1974 P. 1678) MUSCOGEE COUNTY Muscogee County School District 16,895 4,370 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. 72. (Ga. L. 1973 P. 1487) OCONEE COUNTY 1,061 337 Shall the Constitution be amended so as to authorize the Board of Commissioners of Oconee County to regulate pedestrian and vehicular traffic upon roads within the county which are maintained either wholly or in part from the funds of Oconee County? 73. (Ga. L. 1974 P. 1698) RICHMOND COUNTY 10,669 6,650 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 of promoting and encouraging the location and expansion of industrial and commercial facilities and attracting tourists and conventions to said county? 74. (Ga. L. 1974 P. 1709) RICHMOND COUNTY 10,057 7,844 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 taxes, except school taxes, for a period of five years following their establishment or addition? 75. (Ga. L. 1974 P. 1814) RICHMOND COUNTY 7,481 4,895 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? 76. (Ga. L. 1974 P. 1816) TELFAIR COUNTY Telfair County School District 484 298 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? 77. (Ga. L. 1974 P. 1680) TIFT COUNTY City of Tifton 1,436 114 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? 78. (Ga. L. 1974 P. 1681) TROUP COUNTY City of LaGrange 1,965 812 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? 79. (Ga. L. 1974 P. 1764) WARE COUNTY City of Waycros 1,566 684 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?

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For any information regarding these ACTS and RESOLUTIONS please contact: BEN W. FORTSON, JR. Secretary of State